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PP RUEHCI
DE RUEHKT #0998/01 3071306
ZNR UUUUU ZZH
P 031306Z NOV 09
FM AMEMBASSY KATHMANDU
TO RUEHC/SECSTATE WASHDC PRIORITY 0976
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RUEHLM/AMEMBASSY COLOMBO PRIORITY 7514
RUEHKA/AMEMBASSY DHAKA PRIORITY 2853
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 5555
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RUEKJCS/SECDEF WASHDC PRIORITY
RHMFIUU/CDR USPACOM HONOLULU HI PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RHEFDIA/DIA WASHDC PRIORITY

UNCLAS SECTION 01 OF 02 KATHMANDU 000998 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KDEM NP
SUBJECT: NEPAL: UN HUMAN RIGHTS OFFICE MULLS FUTURE 
 
REF: A. KATHMANDU 638 
     ¶B. KATHMANDU 950 
 
¶1. (SBU) Summary.  The UN Office of the High Commissioner for 
Human Rights (OHCHR) plays an useful and unique role in 
protecting human rights in Nepal.  OHCHR has established 
long-term and ambitious benchmarks its future program, but it 
is not clear the Government of Nepal will extend its current 
mandate, which ends June 2010.  USAID, which has provided USD 
5.2 million to OHCHR-Nepal, does not have additional funds 
available for the organization.  End Summary. 
 
Evolving Mandate 
---------------- 
¶2. (SBU) The UN Office of the High Commissioner for Human 
Rights (OHCHR) opened its office in Nepal in 2005.  During 
the final days of the conflict, OHCHR played a valuable role 
in protecting human rights defenders, pressuring the Nepal 
Army and Maoists to respect human rights, and providing 
information to the international community.  OHCHR's 
investigations into the disappearances at the Nepal Army's 
Maharajgunj Barracks and in Bardiya District provide key 
evidence for holding the Army accountable for gross human 
rights abuses committed during the conflict.  Since the 2008 
elections, OHCHR has downsized its operations, closing a 
number of regional offices.  In addition to its Kathmandu 
headquarters, OHCHR now has four regional and sub-regional 
offices in Nepal (Janakpur, Biratnagar, Nepalgunj and 
Dhangadhi). 
 
¶3. (SBU) Over the last year, OHCHR has shifted its focus from 
investigations toward local capacity building, addressing 
long-standing discrimination (particularly caste 
discrimination), and strengthening the human rights 
legislative framework.  OHCHR continues to play an active 
role in addressing human rights impunity.  Richard Bennett, 
the head of the office, recently met with both Maoist 
Chairman Dahal and Prime Minister Nepal to press for the 
prosecution of emblematic conflict-era human rights cases. 
OHCHR has also been outspoken about the proposed promotion of 
General Toran Singh. 
 
Tensions with NHRC 
------------------ 
¶4. (SBU) The Government of Nepal extended OHCHR-Nepal's 
current mandate from June 2009 to June 2010 (ref A), 
following lengthy and somewhat contentious negotiations. 
Nepal's National Human Rights Commission (NHRC), a 
semi-autonomous constitutional body, actively lobbied against 
the mandate renewal, viewing (incorrectly) OHCHR as a "rival" 
for international donor support and "jurisdiction."  Attempts 
to "mediate" between OHCHR and NHRC have largely failed, and 
tensions between the two bodies remain. 
 
Ambitious Plans 
--------------- 
¶5. (SBU) Despite the tensions with NHRC, OHCHR would like to 
establish a longer-term presence in Nepal.  OHCHR has 
developed specific benchmarks for its future program, 
addressing both the peace process (such as successful 
prosecution of conflict-related emblematic cases (ref B), 
creation of the Disappearances Commission and Truth and 
Reconciliation Commission, and strengthened local capacity), 
and the root causes of conflict (greater ethnic inclusion in 
state bodies and prosecution of serious human rights and 
caste/gender discrimination cases, and access to justice for 
marginalized groups).  When these benchmarks are met -- many 
could require five to ten years -- OHCHR would depart Nepal. 
Despite NHRC's ambitious agenda, it is not clear that the GON 
will approve OHCHR's continued presence past June 2010. 
 
NGO Support 
----------- 
¶6. (SBU) Nepali local human rights organizations, including 
Advocacy Forum and INSEC, support the extension of OHCHR's 
mandate, at least until the peace process is concluded. 
These groups told EmbOffs October 23 that NHCR is 
 
KATHMANDU 00000998  002 OF 002 
 
 
"ineffective" and "politicized." 
 
U.S. Funding 
------------ 
¶7. (SBU) USAID has provided approximately USD 5.2 million to 
OHCHR since its inception, making the U.S. Government the 
organization's largest donor.  U.S. assistance ended 
September 30, 2009, and USAID has told OHCHR that it does not 
have additional funds available to support its programs. 
OHCHR's current calendar year budget is approximately USD 8 
million, and planned budget for 2010 is USD 6.5 - 7 million. 
 
Comment: Useful but Less Critical 
--------------------------------- 
¶8. (SBU) Post has worked closely with OHCHR over the past 
four years and strongly supports its work.  Because of its UN 
status and technical expertise, OHCHR is able to press human 
rights issues with the GON and Maoists that would be 
difficult for local organizations to raise.  OHCHR also 
provides timely and accurate information about potential 
human rights cases to the public, GON, and diplomatic 
community, thereby minimizing new violations.  That said, 
OHCHR's presence is no longer as critical as it once was, and 
the ongoing tensions with the key local institution, NHRC, 
are unfortunate and an unhelpful distraction from the core 
work of protecting human rights. 
 
Bio-Note 
-------- 
¶9. (SBU) Richard Bennett, the head of OHCHR's Nepal office 
since 2008, previously served as the UN's top human rights 
officer in Afghanistan.  A New Zealand national, Bennett has 
also served in East Timor and Sierra Leone for the UN.  Prior 
to joining the United Nations, Bennett worked with the New 
Zealand Human Rights Commission and Ministry of Justice. 
Post has found Bennett open, friendly, and cooperative.  Some 
local analysts believe that his aggressive, public style 
overshadows local human rights activists. 
MOON