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3,299 Nepalese Disappeared 970 are still Unknown

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Guests and organizers at the program. Photos: Smita

Kathmandu, September 9, 2008-“No matter from whose side our loved ones had been disappeared in the bloody decade-long Maoist insurgency, our pain and fear of losing them is similar,” said Kamala Limbu, her voice choking with emotion during the interactive discussion program organized by the Office of the High Commissioner for Human Rights in Nepal (OHCHR-Nepal) in the capital on Monday.

Limbu’s husband Ishwor Nakarmi was taken by the then Royal Nepal Army in 2061 and since, his whereabouts are unknown.

According to the report from National Human Rights Commission (NHRC), in this 12 year long conflict in the country, there were enforced disappearances of 3,299 among which 970 disappeared victims’s whereabouts are still unknown.

Member of NHRC Gauri Pradhan said, “Maoists took citizens under their custody during the insurgency period on charges of spying against them while the government took them in the name of Maoists.”

However, the impunity continues to prevail as the cadres of different political groups in the Terai region have continued to follow the culture of abduction and physical torture. “The culture of escaping punishment for the crime is emerging today if the action is said to be conducted by political parties, which is in fact, increasing such impunity in the country,” said Pradhan.

Reports show that the state is responsible for the disappearance of 671 citizens while CPN (Maoist) is responsible for the disappearance of 299. During the decade-long period of insurgency, state forces killed at least 142 while Maoists killed 21 people who were taken under their control.

Enforced disappearance has not yet been made a criminal offence under Nepalese law, although an amendment to the Country Code criminalizing abduction and hostage-taking came into force in November 2007. The Supreme Court of Nepal, in June 2007, issued a decision on enforced disappearance in which it recognized the obligations of the government under the Constitution and international law to refrain from enforced disappearances, and when they have occurred, to investigate and prosecute such offences.

The Court accordingly ordered the Government to establish a commission of inquiry on conflict-related disappearances in compliance with international standards, enact the law to criminalize enforced disappearance, prosecute those responsible for disappearances, and provide compensation to victims’ families.

OHCHR-Nepal Representative Richard Bennet. Photos: Smita

However, the Supreme Court’s decision on enforced disappearance has not yet been implemented by the government except for the disbursement of some interim relief to a limited number of individuals. The political parties have made repeated commitments to establish a Disappearances Commission (including in the Common Minimum Programme of the Government formed under the leadership of the CPN-M), but such a body has yet to be formed.

At the program, Madhav Prasad Ghimire, Secretary of Ministry for Peace and Reconstruction said that until and unless the Disappearances Commission is established this issue will not have its required place. “Therefore, establishment of the Disappearances Commission is the government’s first agenda item,” added Ghimire.

OHCHR-Nepal Representative Richard Bennet said, “The new government has taken a welcome step by committing itself to the establishment of a Disappearances Commission in its Common Minimum Programme.” However, he urged saying “It is now essential for the Government to begin to fulfill this promise by moving swiftly to adopt the laws necessary to establish such a commission in accordance with international standards and in consultation with families of the disappeared and other interested parties.”

Relatives of victims.

One recurring theme during the discussion was the unmet needs of victims, particularly the families of the disappeared. They also warned that if their rights and demands are ignored by the government they will take steps to destabilize the country.

Mandira Sharma, member of the Accountability Watch Committee, warned that if the law to enforce against impunity is not implemented right now, lack of impunity and more forced disappearances of innocent people is likely to increase.

Sharma also added that repeated assurance by political parties while failing to meet their commitments is indirectly torturing the relatives of the victims.

She also urged that while establishing the Disappearances Commission, government should consult with the relatives of the victims, civil society and related organizations before passing the draft.

OHCHR advised that the objective of the forum was to promote public and official consideration of the proposed Commission of Inquiry on Disappearances as well as several other measures that should be taken to address the legacy of enforced disappearances, including reparations, criminalization of enforced disappearance, institutional reform, and ratification of the International Convention of the Protection of All Persons from Enforced Disappearance.

A relative of a victim. Photos: Smita

Other speakers in a program included Constituent Assembly (CA) members Radheshyam Adhikari (NC); Khim Lam Devkota CPN (Maoists); and victims’ representatives Laxmi Devi Khadka and Jaya Kishor Labh.

-Smita Magar in Kathmandu

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