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C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 000079 
 
SIPDIS 
 
E.O. 12958: DECL: 01/26/2020 
TAGS: PGOV PREL NO NP
SUBJECT: NEPAL: OHCHR LOBBYING FOR EXTENSION 
 
REF: A. 09 KATHMANDU 638 AND PREVIOUS 
     ¶B. KATHMANDU 0013 
 
Classified By: Charge d'Affaires, a.i., John M. Ordway 1.4 (b/d). 
 
¶1. (C) Summary:  The UN Office of the High Commissioner for 
Human Rights (OHCHR)-Nepal hopes to extend its current 
mandate, which ends June 9, for another two years.  The 
National Human Rights Commission, Nepal Army, and some 
political leaders are unhappy with OHCHR's activist approach 
and will likely fight its extension.  The head of the OHCHR 
office, Richard Bennett, was recently transferred to Geneva, 
but will remain as head of the Nepal office at least through 
March.  End Summary. 
 
¶2. (C) During a January 21 meeting, OHCHR head Richard 
Bennett told ambassadors or representatives from key 
countries (the U.S., U.K., Norway, Denmark, Switzerland, 
Finland, France and Germany) that OHCHR hopes to extend its 
mandate in Nepal, which expires June 9, for another two 
years.  The GON approved last year's mandate extension at the 
last minute, after intensive diplomatic pressure (ref A). 
The National Human Rights Commission (which views OHCHR as a 
rival for funding) and the Nepal Army (which resents OHCHR 
pressure on conflict-era human rights cases) may object to 
OHCHR's extension. 
 
¶3. (C) The High Commissioner hopes to use the March 1 
high-level segment of the Human Rights Council meetings, 
which DeputyPM/ForMin Koirala plans to attend, to press for 
an extension.  Under the terms of OHCHR's agreement with the 
Government of Nepal, the GON should request OHCHR's extension 
90 days in advance of the mandate end (i.e., by March 12). 
Bennett is "not overconfident" that the GON will make the 
request in March, and acknowledged that securing GON 
agreement for any mandate extension will be challenging.  He 
hopes that the National Human Rights Commission (NHRC) will 
"at least stay neutral" on OHCHR's mandate extension, but 
NHRC is itself divided and relations with OHCHR remain frosty. 
 
Mandate Shift/Benchmarks 
------------------------ 
¶4. (SBU) Chief Minister Madhav Ghimere suggested to Bennett 
that OHCHR review their mandate terms, which have not changed 
since OHCHR's arrived in 2005, to reflect changed conditions 
in Nepal.  (Note: OHCHR's current mandate is very broad, and 
includes authority to monitor, investigate, and advise on 
human rights.  End note.)  Bennett is open to this idea, but 
worries that this could lead to limiting OHCHR's mandate to 
"technical assistance," which would prevent OHCHR from its 
investigation and public advocacy work.  NHRC's ability to 
investigate independently is limited. 
 
¶5. (SBU) The Danish Ambassador urged Bennett to develop an 
exit plan with concrete benchmarks.  When Nepal meets these 
human rights benchmarks, then OHCHR would no longer be 
needed.  This approach would clarify OHCHR's role and signal 
to Nepalis that OHCHR would not remain indefinitely.  Bennett 
generally agreed with the suggestion, although noted the 
difficulty of developing clear benchmarks in the area of 
human rights. 
 
Bennett to Stay at least through March 
-------------------------------------- 
¶6. (SBU) Nepal is a top priority for the High Commissioner, 
Bennett assured the diplomats, despite the decision to 
transfer Bennett back to Geneva (ref B).  Bennett said he 
would remain as head of the Nepal office at least through 
March and possibly longer, depending on the mandate extension 
discussion.  Bennett has urged the High Commissioner to 
advertise his position now, although he said it will be 
difficult to recruit a senior leader given the uncertainty 
about OHCHR's future in Nepal. 
 
 
KATHMANDU 00000079  002 OF 002 
 
 
Comment 
------- 
¶7. (C) Post supports the extension of OHCHR's mandate in 
Nepal.  OHCHR plays an important role tracking current human 
rights trends, advocating for victims, and pressing for 
accountability.  As Nepal (hopefully) concludes its peace 
process, OHCHR could be particularly helpful in supporting 
the Truth and Reconciliation and Disappearances Commissions, 
once they are created.  However, elements of the Nepal 
Government resent OHCHR, particularly its public advocacy 
role, and will fight its extension.  Like last year, we 
expect that the fate of OHCHR will be decided just prior to 
the June 9 mandate end.  We support the Danish Ambassador's 
suggestion to develop an exit plan with concrete benchmarks, 
which may help OHCHR garner GON support for an extension. 
ORDWAY