VZCZCXYZ0008
PP RUEHWEB

DE RUEHKT #2269/01 2331202
ZNR UUUUU ZZH
P 211202Z AUG 06
FM AMEMBASSY KATHMANDU
TO RUEHC/SECSTATE WASHDC PRIORITY 2848
INFO RUEHBJ/AMEMBASSY BEIJING PRIORITY 4688
RUEHLM/AMEMBASSY COLOMBO PRIORITY 4925
RUEHKA/AMEMBASSY DHAKA PRIORITY 0049
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 2918
RUEHLO/AMEMBASSY LONDON PRIORITY 4325
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 0126
RUEHGV/USMISSION GENEVA PRIORITY 1234
RUCNDT/USMISSION USUN NEW YORK PRIORITY 1902

UNCLAS KATHMANDU 002269 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PTER PREL NP
SUBJECT: OHCHR ACTIVE AND EFFECTIVE IN NEPAL 
 
REF: A. SECSTATE 73151 
 
     ¶B. KATHMANDU 1373 
     ¶C. KATHMANDU 1376 
     ¶D. KATHMANDU 2166 
     ¶E. SECSTATE 73948 
 
     ¶F. KATHMANDU 1074 
 
Summary 
------- 
 
¶1. The work of the United Nations Office of the High 
Commissioner for Human Rights in Nepal (OHCHR) has been 
effective and useful for Post's reporting.  The office in 
Kathmandu is the largest UN human rights presence anywhere 
(ref A).  OHCHR has played an active role in monitoring 
various aspects of the peace process.  It has also imposed a 
degree of accountability and responsibility for both the 
Government of Nepal (GON) and the Maoists.  OHCHR focuses on 
the effect GON and Maoist actions have on women and children 
in Nepal, and works with people who have been internally 
displaced by the conflict.  OHCHR has a strong public 
outreach campaign that has been used well to promote OHCHR 
programs, as well as supporting the UN assessment team that 
traveled to Nepal in early August.  End Summary. 
 
Monitoring Government and Maoist Violations of the Cease-Fire 
--------------------------------------------- ---------------- 
 
¶2. OHCHR has actively monitored and reported on GON and 
Maoist violations of the 25-point cease-fire code of conduct 
signed between the GON and the Maoists in May (ref B).  OHCHR 
has reported on Maoist extortion, looting, abductions, 
kangaroo courts, parallel government institutions, and 
intimidation through weekly reports disseminated to the donor 
community.  These reports have been invaluable in keeping 
Post informed of Maoist activities, and helping Post to 
report on them. 
 
Monitoring Human Rights Violations 
---------------------------------- 
 
¶3. OHCHR monitors the GON, the Maoists, and the House of 
Representatives for violations or potential violations of 
human rights.  A press release from July listed the number of 
killings by the Maoists since the beginning of the current 
cease-fire.  Press releases and other information produced by 
OHCHR have been helpful to Post's ability to follow and 
report on the actions of the Maoists outside of the Kathmandu 
Valley. 
 
¶4. OHCHR has focused on excessive use of force by security 
forces in Nepal, especially during the April "People's 
Movement."  OHCHR reports regarding use of force have helped 
to make the Nepal Army, the Armed Police Force, and the Nepal 
Police more accountable and responsible by bringing their 
actions to light.  Post has been supportive of OHCHR 
investigations into the GON security forces, and continues to 
encourage GON officials to share information openly with 
OHCHR. 
 
¶5. OHCHR has reported various alleged human rights violations 
by the Nepal Army, most notably a May 2006 report regarding 
torture and disappearances of suspected Maoists in the 
Bhairabnath Batallion barracks by Nepal Army forces (ref C). 
This report, and others like it, have been vital in Post's 
compliance with Leahy human rights vetting.  The report was 
also published and followed closely in the local media.  With 
OHCHR assistance, families of the alleged victims of the 
Bhairabnath Batallion have filed court cases against the 
Nepal Army officers involved. 
 
Monitoring the Peace Process 
---------------------------- 
 
¶6. The GON and the Maoists asked OHCHR, in separate letters 
to the UN, to "continue its human rights monitoring through 
the...OHCHR" (ref D).  OHCHR worked closely with the visiting 
UN assessment team in early August, providing logistical 
support and information to the team.  OHCHR continues to 
monitor the Interim Constitution Drafting Committee and the 
work of the National Monitoring Committee on the Code of 
Conduct for the Ceasefire. 
 
Monitoring Legal Developments Related to Human Rights 
--------------------------------------------- -------- 
 
¶7. OHCHR has followed closely the legal developments of the 
GON, especially since the restoration of Parliament in April. 
 As the newly reformed Parliament changed Nepal's laws 
relating to the King, security forces, Nepal Army, women's 
rights, secularization of the state, and more, OHCHR has been 
monitoring and reporting on these actions in terms of their 
effect on human rights. 
 
¶8. OHCHR has also followed the legal and justice systems of 
the Maoists, sharing with Post information about Maoist 
"People's Courts" and the Maoist "legal code."  OHCHR has a 
permanent legal advisor in Nepal who follows these issues 
closely and monitors the human rights issues associated with 
legal changes both in the GON and the Maoist party. 
 
Monitoring Cases of Disappearances by the GON and the Maoists 
--------------------------------------------- ---------------- 
 
¶9. OHCHR has consistently been one of the key sources of 
information for Post regarding disappearances perpetrated by 
the GON and the Maoists.  OHCHR keeps an updated list of 
disappearances from both sides of the conflict, including 
information received from all sides and from the press, and 
shares that list with us frequently. 
 
Monitoring the Situation of Women and Children 
--------------------------------------------- - 
 
¶10. OHCHR monitors the situation of women and children in 
Nepal, separately reporting violations of human rights 
affecting these groups.  OHCHR also reports on the ways that 
new laws and regulations affect the rights of women and 
children.  OHCHR has a working group on children in armed 
conflict, taking an active part in supporting the release of 
children from armed forces, particularly the Maoist militia 
and "People's Liberation Army," and those children's 
reintegration into society. 
 
Internally Displaced Persons 
---------------------------- 
 
¶11. OHCHR continues to monitor the issues surrounding persons 
displaced internally by the conflict in Nepal.  OHCHR has 
held formal and informal meetings with Maoist groups and the 
government to encourage both sides to allow internally 
displaced persons to return home and to support them once 
they return.  The reporting from OHCHR on these issues has 
been valuable to Post as we gather information about 
internally displaced persons. 
 
Public Information and Outreach 
------------------------------- 
 
¶12. OHCHR provides public information and outreach across the 
country on many issues.  Two of their most recent projects 
include a social exclusion mapping project and a "right to 
information" film project.  OHCHR also provided media support 
to the UN assessment mission and will likely continue in such 
a role with any UN mission that may come to Nepal in the 
future. 
 
Comment 
------- 
 
¶13. The field activities of OHCHR in Nepal have been 
effective and valuable for Post's reporting.  Embassy 
Kathmandu enjoys a good relationship with OHCHR and other UN 
officials.  We will continue to work with OHCHR to promote 
human rights and the advancement of democracy and rule of law 
in Nepal. 
MORIARTY