“Govt. must penalize the criminals”

"We need such environment where political parties freely go about and people have confidence that they can freely go for vote without being intimidated."

What differences have been felt in human rights situation after the mainstreaming of CPN-Maoist compared to the situation before it?

- There are many changes. For example, the problems with the freedom of expression and right to assembly have been basically ended after the Janaandolan-2. After that point, people are pretty well free to assemble and hold rally and so on. That sort of problem has been definitely ended and then all of the other problems related to conflict more or less also ended. People have not been disappeared and have not been taken to army barrack and have not been tortured. Extra judicial killings also ended. However, there are still reports of people being kidnapped by the Maoist usually for short period, sometimes for days and even weeks. Recently armed police force also used excessive force in Terai. In this sense, something has improved and something almost stays the same. But with the end of conflict, the number of kidnapping and killings went down which is extremely good news.

What are the priority issues that OHCHR is raising in Nepal?

- One of the most important priority issues is ending the impunity which we have been talking about long time since 2005. When people see that they are going to be punished for the violation of rights, they will be discouraged to commit such violations. There are things like disappearances that happened during the conflict. Obviously, improving law and order is very important now, especially with the election coming up. Not just because of election, because people want to live safe and in secure environment all the time, but especially with the election coming up, we need such environment where political parties freely go about and people have confidence that they can freely go for vote without being intimidated.

And then more long sort of structural issue is the marginalization and certain groups like Madheshi, Janajati, and women among others. There rights should be recognized so that they could play a role like everyone mainstreamed people.

Why OHCHR is prioritizing conflict related human rights violations?

- I think the most serious violation of human rights is caused by the conflict like killings, disappearances, and torture. So, our office is prioritizing such issues. But it doesn't mean that we are not prioritizing other issues. Other long term issues are obviously important for us to deal with. In the past years also, we worked very hard on establishing a policy on social exclusion. Discrimination is also the main focus of our activities.

What sorts of problem OHCHR is facing while carrying out the investigations? How much assistive the government is in this regard?

- There is particular problem in particular case. For example take the case of Maina Sunuwar. We published quite substantial reports about this. But every since we started investigating this, we haven't been given access to army's documents. Though we managed to get some copies unofficially what happened during court marshal. But still now, we haven't been able to get copies from army.

Another example is Bhairbavnath Battalion (Barrack of army) from where people were disappeared. We also prepared a report after investigation over a year ago. We are still waiting for response from the government and for them to set up an independent commission to look into those disappearances, particularly, in the case of those 49 disappeared. The government promised but we haven't seen anything.

Do you mean that the government failed to keep the promises?

-Yes but not just the government. CPN-M also promised things in the past and has not done. But in terms of our office working, the government is cooperative. No one has stopped our office in its functioning from the government level.

And what about on the part of the Maoist?

-My general feeling is that the Maoists are cooperative when we investigate. We meet and talk locals and national people as well. We have good relation with them. Definitely, sometimes, problem come when they promised to do certain things but do not implement. It is not in terms of their behavior just to us. They have made a lot of commitments in comprehensive peace accord and we want them be committed in behavior also.

You talked about the impunity. What should be the immediate measure that the government has to take to end the impunity?

I think it's important than they act in particular cases to send signal that impunity is no longer acceptable. As we have already suggested in the cases of disappearances, the government should set up an independent commission to find the facts. After the findings, the people pointed out, should be prosecuted according to law.
Implementation is the main issue. After the Janaandolan, Rayamajhi commission was formed, though it was not particularly belonged to human rights, but if they were to proceed with commission's recommendation, that would also send the signal that the government is serious about ending the impunity.

OHCHR is stressing inclusion in the restructure of state. How it can be secured?

It is a political decision. It is the commitment made by political parties. It is social and structural things. We are hopeful that the political parties would give room for representation of all and respect to the minority too. Even now, there are many problems and impediments in peace process. I'm hopeful that peace process will have successful end securing inclusion that people are seeking.

How OHCHR is assessing Rautahat massacre?

It is a criminal act that can't be justified in terms of marginalization or discrimination. As our High Commissioner said, serious investigation should be followed. The people involved in it should be arrested, they have to be proceeded and if found guilty, they must be punished.

Though there was large number of police near the incident site, they were not sent to the site, we are critical about it. It is the responsibility of the government to penalize the criminals.

Lastly, how OHCHR is going to play assistive role in Constituent Assembly (CA) polls supposed to be held soon?

Our most important role is monitoring and reporting the human rights situations. Obviously, in the context of the election, any violation in terms of political parties, political actors not being permitted to do their activity, is the violation. If you see one party want to hold rally in a certain area and another party prevents it from doing it, there is also the violation of human rights. We report and monitor the situation. We stress that there has to be an open environment for any one, doesn't matter what political party on left, right or on the middle what they represent, there has to be an opening for any legitimate political party to hold the activity and talk to the people. Freedom to assembly and speech is very important, it doesn't matter what message they deliver, that is democracy all about. We will stress that election should be held in fair and free environment.
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Marty Logan is Head of Public Information and Outreach Unit at Office of the High Commissioner for Human Rights (OHCHR) in Nepal and was interviewed by Bigyan Sharma for nepalbiznews.com