VZCZCXRO2134
OO RUEHCI
DE RUEHKT #0523/01 1690942
ZNR UUUUU ZZH
O 180942Z JUN 09
FM AMEMBASSY KATHMANDU
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0334
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RUEHLM/AMEMBASSY COLOMBO PRIORITY 7320
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UNCLAS SECTION 01 OF 02 KATHMANDU 000523 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL KDEM PK SL NP
SUBJECT: NEPAL LEADERS UPDATE A/S BLAKE ON OHCHR EXTENSION 
PROSPECTS 
 
REF: KATHMANDU 476 
 
Summary 
------- 
 
¶1. (SBU) On June 12, Office of the High Commissioner for 
Human Rights (OHCHR) Representative Richard Bennett informed 
Assistant Secretary Robert Blake that his office has been 
focusing on impunity and discrimination in Nepal.  Both 
problems are still rife and continue to undermine the 
transition to democracy.  He also described the challenges he 
faced in extending OHCHR's mission and maintaining a 
comprehensive mandate.  In subsequent meetings, the Prime 
Minister and Foreign Minister were relatively positive about 
a mandate extension, but the Foreign Secretary admitted that 
concerns remained about the proper scope of the mandate.  A/S 
Blake strongly encouraged the Government of Nepal to extend 
OHCHR's mandate. 
 
OHCHR Concerned About Impunity and Discrimination 
--------------------------------------------- ---- 
 
¶2. (SBU) Richard Bennett, Representative in Nepal for the 
Office of the High Commissioner for Human Rights (OHCHR), 
explained to visiting Assistant Secretary for South and 
Central Asia Robert Blake on June 12, that his office is 
focused on issues of impunity and discrimination in Nepal. 
Bennett characterized discrimination as the root cause of the 
country's ten-year conflict.  He added that widespread 
impunity has eroded national institutions and eroded 
confidence in government.  Retribution and threats against 
human rights defenders remained a problem, particularly 
outside Kathmandu.  Bennett noted that individuals with 
political connections can avoid consequences for their 
actions.  He said that political will is even more important 
in addressing impunity than capacity development.  The OHCHR 
Representative explained that Nepal's National Human Rights 
Commission (NHRC), first established in 2000, has faced 
difficulties since its inception, is regarded as politicized, 
and continues to lack credibility as the Government of Nepal 
(GON) has only implemented four percent of its 
recommendations.  Bennett acknowledged OHCHR's relationship 
with NHRC has been strained. 
 
OHCHR Mandate Extension: The OHCHR View 
--------------------------------------- 
 
¶3. (SBU) Bennett stated that OHCHR's previous mandate 
extension in 2007 was also controversial.  Resistance arose 
at both the political and bureaucratic level.  Some civil 
servants viewed OHCHR as usurping the state's authority.  In 
addition, other countries in the region were accusing Nepal 
of being too accommodating to the United Nations, especially 
on human rights issues.  The GON wants to signal it is not a 
pushover.  The OHCHR Representative said further that he 
understands the Nepali Government may offer a one-year 
mandate extension, but with such restrictive conditions that 
the High Commissioner may be unable to accept the offer. 
Bennett noted he is under instruction from Geneva to seek a 
comprehensive mandate.  (Note: At a meeting with Emboff on 
June 10, he elaborated that the High Commissioner only wanted 
to maintain a presence in a country if her office could 
engage in both capacity development of local institutions and 
monitoring.) 
 
OHCHR Extension: PM and Foreign Minister Supportive 
--------------------------------------------- ------ 
 
¶4. (SBU) Without prompting, in their meeting on June 12 
(septel), Prime Minister M.K. Nepal told Assistant Secretary 
Blake that OHCHR played a key role in Nepal's recent history 
and that it needed to remain.  At the same time, he wanted to 
strengthen the NHRC and protection of human rights generally. 
 A/S Blake expressed appreciation for those comments and 
encouraged the GON to support OHCHR's mandate extension.  The 
A/S noted that addressing the issue of impunity would give 
new impetus to the peace process.  In a subsequent meeting, 
Foreign Minister Sujata Koirala agreed with A/S Blake about 
 
KATHMANDU 00000523  002 OF 002 
 
 
the importance of a continued role for OHCHR.  Koirala 
mentioned the tensions between OHCHR and the NHRC, but stated 
she had a good relationship with Richard Bennett and expected 
they would be able to extend the mandate. 
 
Foreign Secretary Cuts to the Chase 
----------------------------------- 
 
¶5. (SBU) In a separate meeting, Foreign Secretary Gyan 
Chandra Acharya was more forthcoming about the difficulties 
to be overcome.  Given the new composition of the governing 
coalition, new parties needed to be brought into the 
discussion to develop a consensus about OHCHR and its future. 
 He was also clear that, with NHRC now a constitutional body, 
no overlap of its mandate and OHCHR's would be acceptable. 
Acharya said that the guidelines recently negotiated between 
OHCHR and NHRC were a positive step and should help convince 
both politicians and the NHRC, particularly the two 
Commissioners with legal backgrounds, that OHCHR would not be 
stepping on NHRC's authority.  He hoped that a full cabinet 
would be in place by the week of June 15 and that then the 
discussion about the terms of OHCHR's mandate and the length 
of the extension could proceed. 
 
OHCHR Regional Issues 
--------------------- 
 
¶6. (SBU) Bennett requested U.S. assistance in reestablishing 
an OHCHR presence in Pakistan.  He added that OHCHR was not 
interested in a large presence, but wanted "a few feet on the 
ground."  On Sri Lanka, Bennett remarked that OHCHR was 
disappointed by the recent resolution concerning Sri Lanka by 
the Human Rights Council, and was particularly dismayed by 
the Nepali Permanent Representative's vocal support for the 
resolution on the grounds that Nepal might someday require 
similar support. 
 
Comment 
------- 
 
¶7. (SBU) OHCHR's current, three-month extension expires 
September 9.  Prime Minister Nepal did not commit to 
continuation of a comprehensive mandate, but he and Foreign 
Minister Koirala at least appear to be open to some solution 
in the near future.  Whether it will be enough to satisfy the 
U.S. and other donors, and most importantly OHCHR Geneva, is 
not yet clear. 
 
¶8. (U) Assistant Secretary Blake cleared this message. 
MOON