FOR IMMEDIATE RELEASE
AHRC-STM-149-2017
8 December 2017
A Statement by the Asian Human Rights Commission on the occasion of
Human Rights Day
more than two decades. Federal Parliament and Provincial Assembly
elections were also conducted this year. The Asian Human Rights
Commission (AHRC) congratulates the government of Nepal for
successfully completing the elections. Voter turnout was high in
response to the lack of effective political representation, which
negatively affected people on the ground in terms of development and
government assistance.
At the same time, 2017 saw no progress in the overall promotion and
protection of human rights. Victims of the conflict period continued
in limbo, with the transitional justice bodies having done nothing but
collect some 60,000 complaints. Although the deadline for the work of
the bodies is 9 February 2018, they have not yet begun investigation
due to a lack of expertise, finances and political will. Conflict
victims have complained that the commissions are interviewing them and
preparing documents for formality rather than genuine truth seeking.
The Supreme Court's order to amend the law regarding amnesty has not
been implemented yet, and there is no strong political will to resolve
the cases. As a result, victims wanting closure are increasingly
worried about whether justice will ever be served.
Meanwhile, those affected by the devastating 2015 earthquake have been
further victimized by the government’s utter inefficiency. Even in
2017, the government still has not managed to provide all the victims
with adequate resources and loans to rebuild their homes. More than
two years later, the victims of the April 2015 earthquake are still
languishing in tattered and leaking tents. It is shocking to see how
little has been given to people in spite of the huge donations
received. With $4.1 billion dollars at the government’s disposal,
all that is required is for the sleeping government to wake up and
address the issues.
Continuous four-day heavy rains beginning on 10 August 2017 triggered
floods and landslides across the country, causing a great loss of
human life and property. Most parts of Tarai were affected by the
floods, and more than 150 people died. Thousands more were injured,
and lost their homes and property in this flood. With floods and
landslides being an annual disaster in Nepal, it is high time the
government initiates long-term measures to minimize damage and
casualties. The government needs to put in place advance warning
systems across Nepal, as well as adequate measures to prevent losses
from floods.
Nepal’s police and judicial institutions were also marred by
controversy with the selection of the top police chief, and the filing
of an impeachment motion against the Chief Justice. Both instances
indicate the politicization of the two institutions. For the past
several years, the AHRC has been reporting on the widespread practice
of abuse of power by the Nepal Police. The extent of abuse of power
and politicization within the police today is such that even senior
police officers are targeted.
Deputy Inspector General (DIG) Nawa Raj Silwal challenged two
successive decisions by the Government of Nepal in the Supreme Court
challenging the government’s appointment of the Police Chief. To
discourage DIG Silwal, the government tried to present him as unfit
for the job, and fabricated charges against him. The government also
used the media to run a maligning campaign against Silwal.
Ex- Chief Justice Sushila Karki exposed the politicization and
factionalism in Nepal’s judiciary. The Chief Justice revealed how
Nepal’s judiciary, especially the Supreme Court, has long been
bogged down in partisan politics. She said judges often compromised
their impartiality by seeking post-retirement appointments.
Furthermore, Justice Karki said she was unable to implement relevant
judicial reforms due to political intervention and non-cooperation
from different stakeholders.
When politicians found they could not use the Chief Justice at their
whims, they suddenly filed an impeachment motion against her, even as
she was in the middle of hearing a case. There was no public debate
about her misdoings before the impeachment. Politicians accused her of
lacking good conduct, and allocating cases to a handful of judges.
They accused her of overstepping her jurisdiction and interfering in
the workings of the executive, forgetting that this is what the
justice system is supposed to do, and that the Constitution mandates
an independent judiciary.
The government does not follow any law or procedure in administration,
as seen by the decision to appoint the Police Chief against the direct
order of the Supreme Court. Similarly, the government decided to
impeach the Chief Justice merely because the Court’s conclusion was
not appreciated. If Nepal continues like this, the administration will
completely collapse, leading the country in absolute anarchy and
chaos.
With regard to the discontent in the Tarai region, the government
should analyze the problems and issues, and address the root cause of
discontent. The government’s negligence has led people in Tarai to
take extreme measures, and there is considerable risk that the problem
may spiral into an armed conflict. The wise course of action for the
Nepalese government is to start dialogue with communities in Madhes
and Madhesi leaders, rather than resorting to excessive use of Police
force and shootings.
The extended period of stalemate facing Nepal in all aspects of
governance has ended with completion of these elections. On the
occasion of Human Rights Day 2017, the AHRC urges the government of
Nepal to move beyond partisan interests and look at the bigger picture
of what serves the country best. An efficient criminal justice system
and transparent government administration are crucial realizing
peoples’ rights and to move Nepal forward.
# # #
The Asian Human Rights Commission (AHRC) works towards the radical
rethinking and fundamental redesigning of justice institutions in
order to protect and promote human rights in Asia. Established in
1984, the Hong Kong based organisation is a Laureate of the Right
Livelihood Award, 2014.
Read this Statement online
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