NEPAL: Review of Protection of Human Rights Defenders

NEPAL: Review of the UPR recommendations-4 Protection of Human Rights Defenders

June 22, 2011 - Following the adoption of the outcome report on the UPR of Nepal, Advocacy Forum (AF) and the Asian Human Rights Commission (AHRC) deplore the government of Nepal's refusal to take strong and specific commitments related to the protection of human rights defenders. Human Rights Defenders have been and remain the driving force behind the democratisation and peace process of Nepal. They are working side by side with the victims of human rights violations to put an end to the climate of impunity which denies them justice. Ensuring that they work in a conducive environment is therefore essential if the government is to have a serious approach to human rights. Human rights defenders found themselves at the front line of the fight against impunity and are as such the prime target of threats, intimidations, physical attacks and harassment. Human Rights activists, lawyers working against impunity by litigating for prosecution for the crimes of serious human rights violations are particularly vulnerable.

The issue had subsequently been raised as an issue of serious concern during the UPR session and several countries recommended upholding the government’s effort to guarantee the security of human rights defenders. Nevertheless, the government did not take this opportunity to take concrete and measurable commitments to the protection of HRDs. It explicitly accepted only one recommendation to "take concrete steps to ensure the security of human rights defenders, including journalists". It avoided pronouncing itself on more specific recommendations to promptly and effectively investigate complaints of harassments and abuses against HRDs and journalists and to bring the perpetrators accountable. In its response to those recommendations, the government merely indicated that "Security agencies are active in ensuring security of all citizens, including the rights defenders, journalist and women activists. The rights violators are prosecuted as per law".

Contrary to the government's claim, Nepal has largely failed to its international obligations to promptly investigate such acts and bring the perpetrators to justice. When attacks, harassments or threats of attacks are reported at the police station, the police very scarcely provide protection to the defender at threat or launch a thorough inquiry into those allegations, let alone initiate prosecutions against the perpetrators. Attacks against human rights defenders and lawyers aim at preventing an effective dialogue on human rights and at discouraging them from taking action to hold human rights abusers accountable. Those attacks target those working with the victims to assert those rights and as such, if not brought to an end, they will contribute to deny the rights of effective remedy of the victims and fuel impunity.

This current situation shows that the lack of comprehensive mechanisms to ensure the protection of the work of the human rights defenders directly infringes on the realization of a number of rights, including freedom of expression or the right to an effective remedy, which are fundamental for the building of a democratic and appeased society. As underlined above, it is the state failure to investigate and prosecute authors of violations against human rights defenders which further expose the latter to threats and attacks and hamper the effectiveness of their work. Therefore, in addition to committing to take concrete steps to ensure the security of human rights defenders, Nepal should commit to provide human rights defenders and lawyers victims of such acts with an effective remedy, which involves committing to prompt investigations into all allegations of attacks or threats against human rights defenders and to prosecutions against the perpetrators. Such commitments are not only required to put an end to the current climate of impunity for attacks on human rights defenders but also form part of Nepal’s international obligations.

We strongly urge the government to explicitly accept all four recommendations and to commit to implement them in good faith, in a prompt and transparent manner. The government’s mention of a special programme in order to ensure further protection of human rights defenders is a welcomed move and we encourage the government to promptly indicate a timeline for the adoption of such plan as well as to commit that the plan will be designed in line with the requirements of UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms. To live up to the content of the recommendations made during the UPR, such plan should include : the state recognition of the work of human rights defenders and of the role they play in the society, addressing the issue at the policing level by giving clear and imperative instructions to the police to properly investigate all cases of threats against human rights defenders, providing them adequate protection if necessary and bringing the perpetrators to justice and paying special attention to the specific needs of defenders working with vulnerable groups, including women.

Advocacy Forum and the Asian Human Rights Commission will continue to closely monitor the state of implementation of the UPR recommendations in Nepal.

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

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