Fascinating gallery from National Geographic showing some archaeological digs in Mustang.
Will this make an impact? Or is it just IGO-work? It must have cost a lot of rupees..
OHCHR Nepal Conflict Report 2012
The UN High Commissioner for Human Rights on Monday released a landmark report documenting and analysing serious violations of international law that occurred during the ten-year (1996-2006) conflict in Nepal, along with a database of around 30,000 documents, designed to provide a tool for Nepalese institutions and civil society to kick-start the process of seeking truth, justice, and reconciliation for the crimes committed at that time.
In her introduction to the 233-page Nepal Conflict Report, UN human rights chief Navi Pillay said the report and the huge accompanying database, known as the Transitional Justice Reference Archive, are “intended to be a helpful contribution to the pressing task of ensuring justice for serious violations committed during the conflict.”
Pillay noted that in 2006, when the Government of Nepal and the Communist Party of Nepal (Maoist) signed the Comprehensive Peace Agreement, they committed to “establishing the truth about the conduct of the conflict and ensuring that the victims… receive both justice and reparations.”
“Six years later,” she added, “the transitional justice mechanisms promised in the peace accords have still not been established, and successive governments have withdrawn cases that were before the courts. Perpetrators of serious violations on both sides have not been held accountable, in some cases have been promoted, and may now even be offered an amnesty.”
According to the report, which contains data illustrating the temporal and geographical spread of the violations committed by both sides during the increasingly brutal ten-year conflict, at least 13,000 people were killed, with a further 1,300 still missing. The report notes that the final death toll is likely to have been higher, with Government figures now citing 17,000 killed.
The report focuses on five particular categories of violations – unlawful killings, disappearances, torture, arbitrary arrests and sexual violence – and gives details of 41 specific emblematic cases drawn from the database. It suggests that several such cases might amount to war crimes.
“Unlawful killings occurred throughout the conflict in multiple contexts: for example, during Maoist attacks on Security Force posts and bases, Government buildings, national banks and public service installations; in chance encounters and during ambushes, such as in the Madi bus bombing. Other examples were recorded during search operations by the Security Forces made in response to earlier Maoist attacks and in the way that the local People’s Liberation Army [military wing of the Maoists] and political cadres abducted, abused, tortured and killed suspected spies and informants.”
“Unlawful killings were also perpetrated against enemy combatants and civilians who were in detention or otherwise under the control of the adversary, for example, in execution-style killings,” the report says, adding that one of the most compelling cases occurred at Doramba in central Nepal, where 17 Maoists and two civilians were allegedly taken by the Royal Nepal Army (RNA), marched to a hillside, lined up and summarily executed. “The Maoists also killed captives,” the report continues, “for example, three teachers, Muktinath Adhikari, Kedar Ghimire and Arjun Ghimire, were each allegedly executed after abduction in separate incidents in Lamjung District in 2002.”
The archive records “up to 9,000 serious violations of international human rights law or international humanitarian law may have been committed during the decade-long conflict…. However, at the time of writing, no one in Nepal has been prosecuted in a civilian court for a serious conflict-related crime.”
“Accountability therefore remains a matter of fundamental importance to Nepal as it deals with its legacy of conflict.”
The report expresses concern at moves by successive governments to withdraw cases of “a political nature” and at recent Government proposals that the planned future Truth and Reconciliation Commission [TRC] be given broad amnesty powers.
“The Government has moved to empower the TRC to grant amnesties for international crimes and gross violations of international law committed during the conflict,” the report says. “The granting of amnesties for certain crimes, particularly genocide, crimes against humanity and war crimes, contravene principles under international law. … Not only do amnesties contravene international human rights law by upholding impunity, they also weaken the foundation for a genuine and lasting peace.”
The issues of accountability and impunity came into sharp focus last week, when it was revealed that the Government of Nepal had decided to promote Colonel Raju Basnet to the rank of Brigadier General, despite repeated reminders from the UN Human Rights office, the National Human Rights Commission of Nepal and others that a battalion under the command of Basnet was heavily implicated in the alleged arbitrary detention, torture and disappearance of individuals alleged at the Maharajgunj Barracks in 2003-04. Similar concerns have been expressed about the recent appointment as Inspector General of the Nepal Police of Mr. Kuber Singh Rana, who has also been accused of serious human rights violations during the conflict.
In her foreword, Pillay said the report and the archive provide “a research base on which the transitional justice commissions and courts will be able to build. The Report is intended to act as an initial compilation of credible allegations of serious violations of international law. These allegations are presented in the context of relevant laws and evidence, to provide the basis for further investigation and prosecution by a Nepali judicial process.”
Pillay said she was offering the report and archive “to the Government and people of Nepal, to assist them in their essential task of building a sustainable foundation for peace.”
The Office of the UN High Commissioner for Human Rights (OHCHR) maintained a substantial field office in Nepal from 2005 to 2012, which was mandated to observe human rights under the Comprehensive Peace Agreement. The Government of Nepal did not renew OHCHR’s mandate in Nepal in December 2011 and asked the office to wrap up its operations in the country. Much of the documentation in the archive was collected in the course of OHCHR’s work in Nepal.
The Report and its accompanying database are available on the OHCHR website at www.nepalconflictreport.ohchr.org
Reeks of the old high-art-low-art debate. Bollywood-isation is like scratching at a rash; you know you shouldn’t but so many people do.
By ADVAITA KALA
I am presently in Kathmandu for the NCELL Nepal Literature Festival, Nepal’s own festival for writers, with 125 Nepali writers attending.
It’s clichéd to speak of the exuberance one finds, but its young organisers Niraj Bhari and Ajit Baral, are well aware that what they have begun is meant to last and will only grow bigger.
The halls are packed and the audience is receptive and engaged. It’s my first literary fest in as many years and what brought me here is nostalgia.
A monk feeds pigeons near Boudhanath Stupa in Katmandu, Nepal
I lived in Kathmandu as a child when it was a very different city – our last days were spent as witness to political turmoil and routine blackouts.
That Nepal was about to change was evident to me even then. Now here again, after twenty years, I am struck by the changes; the list is endless and evolving but I shall concentrate on Nepali popular culture.
A perusal of the morning’s lifestyle section carries the imprint of popular Indian culture. Bollywood chatter, a visit to the city by Zeenat Aman, it is like reading a condensed version (only one sheet) of one of our daily entertainment supplements.
It’s a change from my times, when I learnt how to sing a Chinese song as a child, the words to which I still remember.
The streets are crowded with Maruti 800 taxis, Moti Mahal Delux restaurant now sits on the prestigious Darbar Marg and across the road there is a Van Huesen Showroom and a Citywalk shoe shop.
All those years ago, the only Indian presence was Nirulas, with its ‘localised’ yak cheese pizza.
The Palace this evening, is in darkness. It is a museum, I have never seen it ‘unlit’ and it’s an eerie reminder of the incidents that unfolded there.
Its neighbour The American Club hides behind a double barrelled gate, ‘Can you believe it’s a social club?’ my Nepalese companion points out to me disapprovingly.
I know what she means, the Nepal of the past, had little room for vanities of this nature, even the Palace was visible through its tall gridded gate.
But times have changed, and these changed times have come to Nepal. Indian presence, though always a fact and mildly resented when I was a child, has found its place in popular culture.
The latest Nepali film release is a movie called ‘Bodyguard’ with a bare chested man with a suitably intent expression seemingly in the throes of doing push ups (channeling Salman Khan?)- a heroine with a pained expression is watermarked into the poster.
That’s a staple I am told, most actresses usually get ‘rona dhona’ roles in Nepali films.
I mention the film to a journalist I meet and he tells me that most Nepali films have been ‘corrupted’ by Bollywood. It’s an interesting use of the term, there is something heartfelt about it.
Not dismissive in the way we speak of Hindi movies being ‘inspired’ by Hollywood.
It is irksome to some Nepalis (as it should be) to see their popular culture giving way to a mass marketed Bollywoodised identity.
The actress Jharna Bajracharya Rashid, tells me that there is an independent film movement finding its feet, but it will take some time.
Jharna was Miss Nepal in 1997 at the age of sixteen, and has been in the public eye ever since.
She has evolved with the glamour industry in Nepal, in a lot of ways she has walked by its side.
She was the first Ms Nepal to go to Miss World, and played the lead role opposite Sonu Nigam in the film – Love in Nepal, where she dies before the interval and does an item song, as well as dons a bikini under a see through shift dress.
It led to an intense backlash. She tells me, she was accused of selling out, letting down ‘Nepali womanhood’ by wearing a bikini and doing an item song.
It was very difficult. I ask her about her public persona. ‘I am considered ‘bold”. She’s wearing a tube top under a summer coat, her hair pulled back in a tight pony tail; she is a beautiful girl, her mixed heritage of Newari mother and Bangladeshi father having worked to her advantage.
She exudes free spiritedness and could be a girl you would meet in New Delhi or New York, right now she is in Nepal – single and 31 years old, with similar pressures and the usual societal judgment.
She went to Mumbai to pursue a film career, but a combination of the sheer desperation of the business, the casting couch and sleazy encounters, had her tuning out and she quit.
She has done over thirty Nepali films and twenty music videos and is recognised everywhere she goes, bumping into another film actress who discusses her recent weight loss for ten minutes and asks for tips.
It’s clear that she hasn’t escaped the glamour world entirely. But she has tried; a practitioner of Theravada Buddhism, she gave up alcohol, tobacco and embraced celibacy.
For four years she withdrew into a shell, meditating for hours on end and doing the occasional music video to make some money.
A few months ago she went to England, to get ordained as a Buddhist nun; she enjoyed the experience but decided to go to another monastery where she could get fully ordained (331 precepts).
Two days before she was to leave, she changed her mind. I can’t help but make the connection between Jharna and her country. Both in so many ways have had identities superimposed on them by seductive forces.
And both are trying to find ways of standing up to those seductions and making space for their true selves. May they succeed.
From the Daily Mail >
Great update..
Media have become my best friends since my youth. I anticipate they will remain so forever. I have long been addicted to television but these days the internet has also become a part of my life because of its easy access.
Whenever I have flexible time I spend 6 hours a day surfing the internet, if not 2 hours a day. It has become my daily routine. I generally use internet to keep in touch with my friends and families who are far from me. But it does not mean that I do not give time for educational purposes.
Now if I’m asked to part away from the media then it will be a punishment for me. I use media equally for information, education and entertainment.
Even though the right to information, and press freedom is guaranteed in the Interim Constitution of Nepal, 2063, Nepali media still face a plenty of challenges. Most of these media, whether owned by the government or the private sector, are controlled by the political parties, directly or indirectly. Those parties who are in the government may control the media directly whereas those who are not in the government may control them indirectly.
Nepali media are facing economic or financial challenges as well. According to Ram Prasad Luital, a section officer at the Department of Industry, they register industries under three categories- small (up to Rs. 3 crore investment), medium (from Rs. 4 to 10 crore), and large (above Rs. 10 crore). He further said Nepali media fall under these three types of industries. Nepali market in not huge but the number of media organizations is large so apparently it is becoming hard for the media to survive. Due to limited income of the gneral readers one newspaper may be read by at least ten persons.
Until 2007, the Nepali media’s worth was estimated to be over $30-million industry. The latest data provided by Office of the Company Registration shows that there are 1,961 media related registered companies, and their total investment in the media sector amounts to Rs 1.8 billion (the exact figure is 1,80,77,99,220). However, this figure is only the declared amount listed as investment monies during the registration of the comapanies. Actual worth of the entire industry may be several times higher, specially when we consider reports that the leading media house Kantipur Publications alone is valued to be over Rs 2 billion.
Similarly, lack of the latest technologies and skilled manpower are hindering the growth of Nepali media. Both these aspects play important role in media development. Without the latest technology none of the work can be done effectively and efficiently. The use of technology, such as the internet and the social media is still driven by individual journalists’ interest rather than the institutional commitment. The use of Facebook, Twitter or Skype in reporting purposes is still limited in the mainstream media.
In broadcast technology, the use of OB Van, an outside broadcasting mobile unit which delivers quality images, is still limited to only a few media houses, for example Kantipur TV and NTV. Most other TV stations rely on optical fiber transport system.
Likewise, skilled manpower is the backbone of any organization, beyond the media sector. Data shows that most media professionals, about 50 percent, are relatively young (19-30 years), having at least a Bachelor’s degree. However, they don’t remain in the job for long, and change their professions. Specialized training for media professionals is rare.
Despite these drawbacks or challenges, with the growth of Nepali media, and because of their increased focus on social ills and conflict, in recent times people have become more aware about their rights. Not long ago, even educated people used to remain less informed about the conflict or violence in our society. Today, they are constantly updated with current news/ information on such issues.
Ideally, the role of media is to broadcast or publish voice of the voiceless. The media are helping to convey their grievances to the concerned departments. If we did not have these media it is possible that those people’s voices would have been suppressed. Therefore, we may say media are playing the role of the watchdog. They are warning the government in case of wrongdoings and at the same time they are raising the issues of people who have a little say in the policy process.
New media have changed the way we learn about things. Before the advent of the internet, it was impossible to physically attend a class for education but now anyone can earn an academic certificate via distant education, or e-learning. Nepali journalists today can participate in online training. For example, the Nepal Press Institute has recently started an e-learning course. People can study and work at the same time. For educational purpose the internet has played a vital role. The invention of the internet has made this easier. Now the world has become a global village.
And entertainment has become every individual’s basic need. We all are fond of entertainment whether we are in sorrow or in a celebration. More than a hundred movies are produced every year in Nepal. Television shows abound.
With the establishment of a large number of media houses, more people are getting jobs than in the past. Like any other organization, media houses also need a big number of staff members to work from top-level management position to the first-line supervision.
Media have a great potential to contribute to the development of our society but they still have not played a sufficient role in doing that. To this day, our government’s reach is limited; there are still many places where its services are not available. The media have to cover new places and carry stories that portray the actual state of development in the country.
It appears that many people believe that development means construction of roads, clearing of jungles or deforestation for new farmlands or housing areas. But such notions, although in some regards may be true, can be wrong. Here is an opportunity for our media to play a pro-active role, to be responsible in making people aware about issues like these.
What is important is the actual practices that have positive impact on people’s lives. As Kundan Aryal, a media educator and journalist, says, media professionals “have to be able to change the physical and practical behavior of people through their contents”. The contents could include writings, drama, documentaries, photo features etc. Aryal adds: “If only physical change, then it is not development.”
Although it is said that accuracy, balance, and credibility are the major news values embraced all over the world, these are not followed in an appropriate way in Nepal. Most of the media seem to give priority to political news. Politics gets front-page space or the prime time. Social news is given less value. However, at the present, with a gradual increase in the coverage of other issues, it seems things are improving a bit. But the situation is not satisfactory yet. Still more space has to be given to social issues.
Tikaswari Rai maintains interest in media and social issues and likes to write about them.
Always wondered whether the shortening of Bishwa Karma to BK is okay or not?
Two Dalits Karna Bahadur BK and Bimala BK in Dailekh district have been beaten for requesting access to drinking water, the state-owned Gorkhapatra daily reports on Saturday.
According to the report, locals Jay Bahadur Bista and three others of Lakuri Village Development Committee beat them as they requested their village administration to manage access to drinking water for the Dalit community at Ward No. 4 of the same village.
Jay Bahadur and his men had argued against providing the Dalit community an access to drinking water while the victims had argued that it was their natural right to access to drinking water.
The victims currently spend two hours a day for collecting their drinking water.
In Nepali villages afflicted with massive illiteracy, political and socio-economic inter-caste discriminations, superstitions, the Dalits (also socially tagged as ‘untouchable castes’) are widely discriminated against as ritually ‘impure’ to co-exist with other so-called high castes. When the Dalits seek to voice their rights as human beings, they are more likely to face assaults in such remote Nepali villages. Even the most educated persons in such villages spontaneously follow the psychological patterns of caste discrimination in the name of social traditions or beliefs.
The state forces, mainly the law application mechanisms, have failed to empower and mainstream the oppressed Dalit community despite the constitutional provisions intended to implement their fundamental and human rights. Those violating the law of equality are never punished as regards the discrimination against the Dalit community.
Most of the Dalit leaders, belonging to different parties, serve partisan interests as vote collectors.
It’s pretty shocking when those defending Hinduism pinch an Abrahamic concept like blasphemy and try and force it locally. These people have clearly never read the Sutras because if they had, they would realise that unlike the Bible or the Koran, what to believe ain’t clean-cut for Hindus.
In what could perhaps be the first-ever blasphemy charge against works of art in Nepal, a young artist has received death threats from activists of the World Hindu Federation (WHF).
A group led by one Hem Bahadur Karki, a member of the WHF, on Tuesday threatened Manish Harijan, 27, at the Siddhartha Art Gallery at Babarmahal here for “outrageous portrayals” of Hindu gods. Harijan’s solo exhibition is on since August 22. The exhibition that has 11 works by Harijan on display has several images of deities, which the artist has blended with images of Western superheroes, the ‘Ghost Rider’ and Superman.
For instance, a painting titled “The Ghost Rider in Buddha” has images of the Buddha along with a torch in flames emitted by the ‘Ghost Rider’s’ skull. Another picture titled “Super Nataraj” has an image of a darkly coloured figure standing as Lord Shiva. The person in the image, wearing the Superman’s costume and resembling Shiva through its posture, carries a pistol on one hand and a lotus on the other.
“This is just a portrayal of Western influence in Eastern culture,” Harijan said. “There is nothing to be offended about it.” According to him, the “outrageous” portrayal of Shiva or any other deity is aimed at showing how deformities have started to cripple oriental philosophies.
However, what Harijan claims to be a reality-based showcase of existing Nepali society, has not gone down well with WHF activists.
A dozen men led by Karki stormed the exhibition and asked for the artist. “When I showed up, they first charged me with blasphemy and then started issuing life threats,” said Harijan.
Karki, a former colonel of the Nepal Army, had filed a case at the District Administration Office (DAO) last Friday, demanding that the expo be stopped and the artist be arrested. “The way our gods have been depicted is totally offensive,” a statement filed at the DAO read. The statement said Harijan’s portrayal of the Hindu goddess Kali in miniskirts and Hanuman carrying a bottle of alcohol is “abuse of freedom of expression”.
However, the WHF refused to own up the matter and said it was not the Federation’s decision to take any action against the art exhibition. “This could be a personal action taken by any member of our group,” said Nil Prasad Bhandari, the Chairman of the Nepal Chapter of the WHF. Police and DAO officials reached the gallery a couple of hours after the incident, which took place at 2 pm. “Investigations are on,” said DSP Dhiraj Pratap Singh, the Spokesperson of the Kathmandu Metropolitan Police Range. “We have padlocked the gallery and issued a notice to its owner to be present at the DAO at 1 pm on Wednesday.” Asked to explain the threats received by the artist, Singh said police were not “officially communicated about it.”
Meanwhile, artists in Kathmandu have taken serious exception to the charges of blasphemy. “This is a blatant attack on the freedom of expression,” said artist Asmina Ranjit. “People can interpret a work of art in any way they like and if they fail to appreciate the intended meaning, they can bring in their views to the discourse. But threatening an artist with death for a work of art cannot be justified under any circumstances.”
Tortuous planning process? Unbelievable.
A tortuous planning process in Nepal is preventing climate adaptation funding – earmarked under the country’s National Adaptation Programme of Action (NAPA) – from reaching local communities, experts say.
“We are so engrossed in national processes,” Raju Pandit Chhetri, co-author of a 2011 Oxfam report on climate adaptation finance, told IRIN. “Let us start going to the communities.”
Of 170 countries, Nepal has been ranked by Maplecroft, in its most recent Climate Change Vulnerability Index 2011, as the fourth-most vulnerable to the impact of climate change over the next 30 years.
The country received US$1.3 million in donor aid in 2008 to prepare a NAPA, which was endorsed by the government and submitted to the UN Framework Convention on Climate Change (UNFCCC) in 2010.
Of NAPA’s proposed $350 million budget for urgent climate adaptation support, Nepal has secured around $10 million through the Least Developed Countries (LDC) Fund, managed by the Global Environment Facility (GEF), and less than $25 million from bilateral aid agencies.
The NAPA document stipulates that 80 percent of all “available financial resources reach the local level to fund on-the-ground adaptation activities.” However, little funding has come in for projects and these projects are not ready for implementation.
“Unfortunately, we are in a stage of preparedness and readiness. We are trying to jump but we have not jumped yet,” said Bharat Pokharel, deputy country programme director for the Swiss development agency, Helvetas.
Funding proposals for NAPA preparation and implementation have to be sent to the GEF through a designated Implementing Agency (IA) – in Nepal’s case the UN Development Programme (UNDP).
According to Batu Uprety, recently retired chief of the Climate Change Management Division at the Ministry of Environment, Science and Technology (MoE), the complex and lengthy procedure to access LDC funds through IAs has resulted in further delays.
UNDP insists, however, that NAPA was finalized within the 18 months allotted for the project. The timeline “was agreed with the government”, explained Anupa Rimal Lamichhane, climate change programme analyst at UNDP. “I would not say it was long or short.”
In a July 2012 submission to the UNFCCC, Nepal suggested the GEF “take necessary decisions to encourage its IAs to take a fast-start approach to support LDCs.”
Complicated plans
But it is not just that the planning process is slow: New plans outside the NAPA framework are making things more complicated. Besides NAPA, a separate plan was developed in 2011 for the Strategic Programme for Climate Resilience (SPCR), for which the Climate Investment Funds (funds to help developing countries pilot low-emissions and climate-resilient development), approved $50 million in grants and $36 million in loans to be managed by multilateral development banks.
By distinguishing short-term adaptation from long-term resilience, “they stalled every aspect of going to the community and started planning again,” said Chhetri, adding that lack of coordination resulted in projects moving forward in parallel tracks with overlaps.
Under SPCR, the Asian Development Bank (ADB) will prepare 100 community level adaptation plans across 61 districts by 2017; a project strikingly similar to the 70 village-level Local Adaptation Plans of Action (LAPA) developed for 14 districts in mid- and far-western Nepal under NAPA. The difference is that while the LAPAs will be implemented this year, ADB makes no claim to “actually implement” their plans within the five-year time frame. Surya Bahadur Singh, consulting climate change management specialist for the ADB, admitted that the “LAPA is one step further; they are actually implementing.”
Limited capacity
Meanwhile, donors are reluctant to move beyond planning, policy-making and capacity-building because they do not have confidence in the ability of national and local organizations to follow through, said Helvetas’s Pokharel.
Many see the MoE as weak, noting it does not have executing bodies at the regional, district or village level, and limited experience coordinating large donor-funded projects.
Ultimately, experts argue that while the new field of climate science demands preparation, the country should not be deterred from addressing climate adaptation at the grassroots. Insights gained through fieldwork are very valuable. “Only then will we know what works and not,” said retired MoE official Uprety.
Several organizations have started local projects, independently of national climate adaptation mechanisms. “They are often at the forefront of working with communities and community organizations; innovating, piloting initiatives and seeing the results of policy implementation,” says the Oxfam report.
For decades, communities across this mountain nation of more than 30 million have been adapting to changes autonomously, without state intervention or donor support, Pokharel noted. It is time that their initiative is acknowledged and compensated, without which “they have not been given justice”.
From IRIN >
The world’s most aggressive state has, after six years of peace, removed the Maoists from their blacklist of “terrorist organisations”. Presumably they’ve removed the UCPN (Maoist) rather than just ‘Maoists’. Perhaps the new splinter groups are still on it?
Nepal’s ruling Maoist party on Friday welcomed a US decision to remove it from a blacklist of terrorist groups after the end of a bloody insurgency, saying it would boost ties with Washington.
“The move has opened up avenues for cooperation between Maoists and the US government. It will help strengthen our relations,” Foreign Minister Narayan Kaji Shrestha told AFP.
The decision to remove the Maoists from the blacklist was announced Thursday by the State Department, which said the party was “no longer engaged in terrorist activity that threatens the security of US nationals or US foreign policy”.
An estimated 16,000 people died in a brutal 1996-2006 “people’s war” fought by the Maoists against the once absolute monarchy, before the rebels turned to politics and then took power in elections two years later.
Formed in 1994, the party was designated a global terrorist entity by the United States in 2003 and added to the terrorist exclusion list the next year.
The delisting means that US organisations and companies can now conduct business with the Maoist leadership, and any property or interests that were frozen in the United States are no longer blocked.
Shrestha said that while the Maoists had enjoyed “cordial relations with US officials”, he acknowledged designation had soured the diplomatic atmosphere.
“Despite several meetings and exchanges, it had created an awkward environment,” the foreign minister added.
The Maoists became Nepal’s largest party in elections for a constituent assembly in 2008 and oversaw the abolition of the monarchy.
However the assembly subsequently failed to draw up a peacetime constitution by an agreed deadline, prompting it to be dissolved. The Maoists are now running the Himalayan nation on a “caretaker” basis.
Nepal’s main opposition party Nepali Congress reacted cautiously to the decision by Washington.
“We expect that Maoists will henceforth commit themselves to peaceful politics both in words and in action,” Ram Sharan Mahat, a senior leader of Nepali Congress, told AFP.
Read more: NY Daily News
Nepal’s seen great improvement over the last few years, despite the stats below. It was only a decade ago when even if there was a road, the best you could expect was to lie down on the back floor of a dirty jeep bought from India. At least now, if you are close to a road you can call out a minivan.
Nepal’s fledgling ambulance service is in need of urgent support, say health experts, particularly in the area of trained paramedics.
There are only 21 trained paramedics in a country of nearly 30 million people, according to Nepal Ambulance Service (NAS) .
The Nepal Red Cross Society (NRCS), the country’s largest NGO, has 168 ambulances but none have trained paramedics, and only 35 percent of ambulance drivers have had first aid training.
“The ambulance service in Nepal is very poor,” Rajesh Gongal, dean of Patan Hospital and president of NAS, told IRIN.
Most vehicles that operate as ambulances in Nepal are privately owned cars completely unsuitable for medical treatment and lacking effective communications equipment, says NAS.
A study by Patan Hospital indicated that fewer than 10 percent of people arriving at medical facilities for emergency treatment in Kathmandu Valley arrive by registered ambulance; more than half arrive by taxi.
Many arriving by police or army vehicle, taxi or bus suffer secondary injuries as a result of their journey, said Bulund Thapa, director of Bir Hospital.
Kathmandu, with almost two million inhabitants, has just 21 officially registered ambulances, government figures show, most of which are owned by NGOs and community-based organizations. Many hill and mountain districts do not have any registered ambulances.
Only 2-3 hospitals in the disaster-prone country have trained paramedics on their staff, says NRCS. Patients are dying on the way to hospital because of the lack of trained paramedics, said paramedic and NAS employee Umesh Prasad Sah.
“Nepal’s ambulance service cannot even handle a small-scale natural disaster, much less a major earthquake like the one predicted for the Kathmandu Valley,” said Amod Dixit, general secretary of the National Society for Earthquake Technology (NSET), one of the country’s leading experts on disaster preparedness.
“In the absence of proper primary care and transportation, patients often travel long distances, causing undue delays in obtaining proper medical treatment,” explained Ram Shah, head of department at the Orthopaedic and Trauma Surgery in the Nepal Medical College Teaching Hospital. He said current levels of training and services were “inadequate”.
“Pre-hospital care is [a] very important aspect of all trauma care and there is evidence that if you can get professional help within a certain period of time then the number of injuries and deaths can actually be reduced,” said NAS’s Gongal.
From IRIN >
We shouldn’t be surprised that the truth and justice commission morphed into the peace and reconciliation commission and now will likely be the ignore-and-use-the-donor-cash-to-build-a-new-house commission.
Re: Executive Ordinance on Commission of Inquiry on Disappeared Persons, Truth and Reconciliation
Your Excellency,
Amnesty International, Human Rights Watch, the International Commission of Jurists, and TRIAL (Swiss Association against Impunity) urge you to return the ordinance that was forwarded by the Council of Ministers on 28 August 2012 to your office, seeking presidential approval for the establishment of a Commission of Inquiry on Disappeared Persons, Truth and Reconciliation (‘the Commission’).
Justice, truth and reparation for serious human rights violations has been a key demand of the Nepali people for years now. Despite repeated promises, successive governments have failed to satisfy this demand. The proposed ordinance now before you seems to continue this trend of allowing political expediency to prevent accountability, entrench impunity and deny the right of the Nepali people to justice, and we encourage you to return this ordinance immediately.
The executive ordinance (an official version of which we have seen) would empower a politically constituted Commission with discretion to recommend the granting of amnesties for crimes under international law. We have written on prior occasions to the Government to point out that amnesties, which prevent the emergence of truth and allow those suspected of criminal responsibility for crimes under international law, such as enforced disappearance, torture and other ill-treatment, rape and extrajudicial executions, to escape justice violate both international law and the Nepali Supreme Court’s decisions in several cases.[i]
The prohibition on amnesties for crimes under international law is contained, among other international standards, in Article 24 of the UN Updated Set of Principles for the Promotion and Protection of Human Rights through Action to Combat Impunity, which states that:
“The perpetrators of serious crimes under international law may not benefit from [amnesties and other measures of clemency] until such time as … the perpetrators have been prosecuted before a court with jurisdiction …”
Furthermore, as a State Party to the International Covenant on Civil and Political Rights (ICCPR), the Government of Nepal must investigate and prosecute all instances of serious human rights abuses, and guarantee victims’ right to an effective remedy and to be heard by an independent and impartial tribunal.[ii]
These obligations have also been emphasized in recent decisions of the Supreme Court, particularly in theRabindra Dhakal Case,[iii] where the Government was directed to criminalise the act of enforced disappearance as a non-amnestiable crime and to establish a separate commission, in accordance with international law and standards, to look into cases of enforced disappearance during the conflict.
The International Commission of Jurists, Human Rights Watch, Amnesty International and TRIAL have on earlier occasions called on the Government to ensure that legislation establishing transitional justice mechanisms – which should not replace judicial proceedings – conform to international standards. Specific safeguards include: (i) terms of reference and a scope of inquiry which are neutral and adequately framed; (ii) guarantees of independence such that the Commission is structurally and hierarchically independent of the authorities facing complaints; (iii) enjoyment of adequate administrative authority and resources; (iv) non-politicised appointment of the Commission, followed by wide and public notice of the appointment of the Commission and its mandate; (v) public Commission proceedings; (vi) effective victim and witness protection; and (vii) publicising the Commission’s final report(s).[iv]
The mechanisms proposed in the ordinance fall short of these standards. Under the procedure contained in the executive ordinance, the proposed Commissioners – as well as the Attorney General – would be political appointees, and are thus very much vulnerable to the kind of political pressure that international standards explicitly seek to avoid. For instance, section 28 of the ordinance provides that the Office of the Attorney General retains discretion in prosecuting criminal cases, which places a political appointee at the centre of a process designed to implement Nepal’s obligation to bring prosecutions for the most serious of human rights crimes. Moreover, the Attorney General’s office has a poor track record in pursuing justice for serious human rights violations through the criminal justice system (as documented by the International Commission of Jurists in its recent report, Commissions of Inquiry in Nepal: Denying Remedies, Entrenching Impunity). Additionally, in this regard, the proposed role of a retired Supreme Court judge as chairperson of the selection committee for Commission members as envisaged in section 3 of the ordinance is insufficient to shield the Commission from political pressure, as Commission members will ultimately be appointed on the basis of consensus between political parties. Such inherent, predictable lack of independence and impartiality of both the Commission and its members will have profound adverse consequences on the competence and effectiveness of the Commission.
We recognise that reconciliation is an important goal in Nepal’s transitional process. But reconciliation cannot be built on a foundation of impunity for grave and serious crimes. Allowing impunity for crimes under international law places certain categories of individuals above the law, leaving victims who have been most affected by the conflict only a marginal role in the reconciliation process and in effect forcing them to give up their right to justice, truth and reparation.
We urge Your Excellency to return the ordinance, guarantee a fair and inclusive process in establishing transitional justice mechanisms, and ensure that the Government of Nepal meets its obligations under national and international law.
We look forward to your prompt action in this urgent matter, and stand ready to provide any further information or assistance you may require.
Yours sincerely,
International Commission of Jurists
Human Rights Watch
TRIAL
Amnesty International
[i]Amnesty International, Advocacy Forum, Human Rights Watch and the International Commission of Jurists, Letter to PM Dr. Baburam Bhattarai re: Accountability for human rights and concerns over proposed withdrawals and amnesties (2 September 2011), available at:http://www.amnesty.org/en/library/asset/ASA31/009/2011/en/1a677195-7017-47a9-bfb1-1f018996b134/asa310092011en.pdf; Amnesty International, Human Rights Watch and the International Commission of Jurists, Letter to PM Jhala Nath Khanal re: Persistent impunity in Nepal (24 May 2011), available at http://www.amnesty.org/en/library/asset/ASA31/003/2011/en/9d07cfbd-ae24-4ae0-a219-911b031bf465/asa310032011en.pdf
[ii]ICCPR, Art. 2. On 19 July 2012, the UN Human Rights Committee rendered its views in Dev Bahadur Maharjan v. Nepal, urging judicial measures to address violations of arbitrary detention, torture and ill-treatment, and lack of access to an effective remedy.
[iii]Rabindra Prasad Dhakal on behalf of Rajendra Prasad Dhakal v. Nepal Government, Home Ministry and Others (Case No. 3775/2055 / 1 June 2007)
[iv]UN Updated Set of Principles for the Promotion and Protection of Human Rights through Action to Combat Impunity, Principles 6 to 13.