Human Rights in Nepal

Background information for Duke University's screening of "Sari Soldiers: Women on

the Frontline in Nepal"

Tuesday, April 25, 2006

UPDATES

NEW POLITICAL UPRISINGS:

Several weeks of defiant demonstrations by pro-democracy protesters have led to

several deadly clashes between the Royal Nepalese Army and thousands of
demonstrators calling for the restoration of the ousted Parliament and the
relinquishing of control of the government by King Gyanendra. In addition to several
deaths and many injuries to protesters, human rights abuses by the Royal Nepales
Army have become even more rampant. Activists, journalists, and other members
of society that pose a threat to the King's power were arrested and jailed during the
demonstrations. After weeks of protests, King Gyanendra conceded to some of the
demands of the pro-democracy groups on April 24, 2006. He gave into demands to
reinstate parliament, which was enough for Nepal's opposition alliance to call off the
protests. However, the concession was not enough to be supported by the Maoist
insurgents who had consistently supported the demonstrators and they rejected the
king's offer.

More information on the recent events can be found at these sites:

NY Times-Nepal:

http://topics.nytimes.com/top/news/international/countriesandterritories/nepal.index
.html?8qa

Human Rights Watch-Nepal:

http://hrw.org/doc/?t=asia&c=nepal

posted by Lauren at Tuesday, April 25, 2006 56 comments

Sunday, April 09, 2006

INTRODUCTION
Please read the posts bottom up. That is, please read the introduction to Nepal first,
the section on Women's Rights, and finally the section on international human
rights law. The film "Sari Soldiers: Women on the Frontline in Nepal" is being
presented by the Duke Human Rights Initiative at Duke University on Monday, April
10, 2006 in the Richard White Lecture hall on East Campus. This blog will provide
background information for the issues covered in Julie Bridgham's film.

posted by Lauren at Sunday, April 09, 2006 1 comments

Nepal: International Human Rights Law

Current Human Rights Situation in Nepal

On February 1, 2005, Nepal's human rights situation deteriorated as King

Gyanendra initiated the greatest threat to Nepal's fledgling democracy by assuming
all executive control and suspending most civil rights. During this time, he claimed
that he was destroying democracy in order to save it, saying that the civilian
government was unable to resolve the conflict with the Maoists. Some of the worst
human rights violations were committed when the King ordered the detention of
thousands of political activists, journalists, human rights monitors, and when he
imposed severe restrictions on civil liberties. The King's coup provoked strong
international condemnation, especially since Nepal is a legal signee of several
different United Nations Human Rights documents.

BACKGROUND: International Human rights Law

The International Bill of Human Rights consists of the Universal Declaration of

Human Rights, the International Covenant on Economic, Social, and Cultural Rights,
and the International Covenant on Civil and Political Rights and its two Optional
Protocols (UNHCHR). During the creation of the bill of rights, the UN Drafting
Committee prepared two documents: one in the form of a declaration, which set
forth "general principles or standards of human rights" and one in the form of a
convention (now called a covenant), which defined specific rights and their
limitations. When the UN General Assembly ratified the declaration, it was setting
forth a document that outlines the "human rights and fundamental freedoms to
which all men and women, everywhere in the world, are entitled, without any
discrimination". The Universal Declaration of Human Rights has become a measure
for the degree of respect for, and compliance with, international human rights
standards. It is one of the most important international documents that has helped
prevent human rights abuses and improve human rights situations in many
countries.

The first article of the Declaration outlines the basic assumptions of the Declaration:
that the right to liberty and equality is a birthright and cannot be alienated and that
man is different from other creatures on earth and entitled to certain special rights
and freedoms. Article 1 says, "all human beings are born free and equal in dignity
and rights. They are endowed with reason and conscience and should act towards
one another in a spirit of brotherhood" (UNHCHR).

Article 2 defines the basic principles of equality and non discrimination and it
forbids "distinction of any kind, such as race, color, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status". It also
states that there are "no exceptional circumstances whatsoever, whether a state of
war or a threat of war,...", thus making it virtually impossible for any defense of
these actions to take place.

Article 3 is a cornerstone of the Declaration because it proclaims the right to life,

liberty, and security of person, which are essential rights needed for the enjoyment
of all other rights. Article 3 also introduces Articles 4-21, which cover other political
and civil rights, such as freedom from arbitrary arrest, freedom from torture, cruel,
inhuman or degrading treatment or punishment, and freedom of opinion and
expression, all of which have been broken at some point in Nepal's conflict.

Nepal's participation in almost all aspects of the Declaration of Human Rights would
lead one to believe that the country is committed to preventing and punishing
actions that threaten the rights of the citizens. Yet, both the Maoist rebels and
government forces (and the Royal Party itself) have participated in a variety of
activities such as arbitrary arrests, "disappearances", intimidation of the press, and
judicidial interference, all of which are not compliant with the standards set forth by
the Declaration.

Nepal's Conflict and the Declaration of Human Rights

Human rights abuses have been documented since the beginning of the conflict, yet
with the King's seizure of power and his subsequent declaration of a state of
emergency, a human rights catastrophe could be looming because of the
heightened militarization and lack of democratic institutions. During this time, it is
essential for the international community to monitor and work with Nepal so that
the Declaration is upheld as thoroughly as possible. While the takeover of the
government and the state of emergency have helped attract international attention,
it is the daily violence and terror on ordinary communities that should be the most
serious human rights concern. The conflict had already eroded the security and
human rights of the rural population and now the actions of the King have
undermined the freedom of the urban population, who were often untouched by the
violent abuses taking place in the countryside. Under the state of emergency, a
large number of fundamental rights, all of which are protected by the Universal
Declaration of Human Rights, have been suspended.

These include:

-Freedom of expression and opinion

-Freedom of assembly

-Freedom to form unions and associations

-Press and Publication rights

-Right against preventative detention

-Right to information

-Right to privacy

-Right to constitutional remedy

(Amnesty International)

The state of emergency is further eroding any institutional safeguards that had once
protected against human rights abuses, which means that the Articles outlined in
the Universal Declaration are not being upheld. The judiciary have been reluctant to
take a definitive stance to uphold human rights because they too have been
threatened with violence and reparations by both sides. The other institution whose
role it is to protect human rights is the National Human Rights Commission (NHRC),
a group created to carry out investigations and report on human rights actitivities.
Since the state of emergency, the NHBC's ability to effectively monitor human rights
abuses has been limited by obstruction by security forces and the restrictions on
freedom of expression.
Another casualty of the state of emergency and subsequent loss of freedom was the
proposed Human Rights Accord, which would have committed both the Maoists and
the government to clear human rights standards and human rights monitoring. The
Accord was created by the NHRC and was promoted by both the international and
human rights community. The Accord would have set a standard for future peace
negotiations, but with the takeover of power by the King, a greater rift was formed
between the two sides and the Accord was subsequently declined by both. At this
point in the conflict, it has fallen on the shoulders of the international community to
monitor and influence Nepal's human rights abuses.

Clearly, the government and the Maoist rebels are not interested in peaceful
resolution and they continue to deny political rights and civil liberties to large
portions of the population. In accordance with the Universal Declaration of Human
Rights, the international community must hold Nepal responsible for its continual
lack of regard for the rights of its citizens and its non-compliance with the standards
of the Declaration. There are several actions that could be taken by members of the
international community to punish and persuade Nepal into changing its human
rights situation. India, the U.S., and the U.K. are Nepal's largest arms suppliers and
they should continue to deny any military assistance to Nepal until the government
complies with international human rights and humanitarian law. Interested states
should also provide the necessary financial and political support to the Office of the
United Nations High Commissioner in Nepal so that the organization has better
resources to tackle the human rights abuses being committed. The UN should also
exclude all Nepali military units and individual military personnel implicated in
human rights violations from participating in peacekeeping missions around the
world. The international community also needs to call on and pressure the King to
restore all fundamental human rights and the government in order to work towards
a peaceful solution. Nepal's political situation has deteriorated even more in the last
few years and it is essential that the Universal Declaration of Human Rights be
defended in order to keep Nepali citizens safe and free.

posted by Lauren at Sunday, April 09, 2006 1 comments

Thursday, April 06, 2006

NEPAL-- WOMEN'S RIGHTS

THE CONFLICT AND WOMEN'S RIGHTS

Julie Bridgham's film, "Sari Soldiers: Women on the Frontline in Nepal", examines
the lives of six different women and their involvement in Nepal's civil war. The
Nepali stories include a Royal Nepal Army soldier, a Maoist, a mother of a
"disappeared" daughter, an anti-Maoist village activist, a human rights attorney,
and a street protester. Her film shows the role of women on all sides of the conflict
as well as the greater political and human rights issues in Nepal. Women's rights
are human rights, and there have been many instances of human rights abuses
during the civil war. Even before the conflict began, women held an inferior position
in society. The conflict only exascerbated these inequalities and exposed the
vulnerability of the female population in Nepal.

Women have all too often been the unrecognized victims in the conflict because
they already had limited access to protection, justice, and equal human rights. The
Maoist rebel-Government conflict has created more chaotic conditions for most
women in Nepal, especially those living in rural areas. The economic impact of the
war has been even worse for the female population because all too often they had
little before the war and they have limited access to education and other resources.
The overwhelming majority of women victimized by Maoists are suffering incredibly
because of the lack of timely financial support. Many women are left to fend for
themselves economically when their husbands and sons are forced to fight in the
war. They are forced to continue their work as well as take over for their missing
spouse, while still trying to support and raise their children. Even worse, when a
woman's husband is killed, she has no secure source of income for herself or her
family, except for a small pension from the army. Already living in impoverished
conditions, the conflict in Nepal has only made the situation more unbearable for
the thousands of women who must deal with the emotional trauma of losing a
family member as well as more economic burdens. Nepali women are the majority
of the poor who stand to lose access to critical social services, especially if they are
in an area that is mostly under rebel control.

Women in Nepal are also directly affected by the conflict because they are heavily
recruited to fight for either side and they are often targets of violence and coercion.
Maoists constantly target women and try to recruit them with propaganda about
changing the situation of the rural population. The recruitment of women into the
activities of the Maoist cause inhibits many women from working and caring for
their children. Especially in rural areas, human rights abuses targeted at girls in
schools are driving many Nepali families to keep their girls out of school, thus
perpetuating the system of inferiority that already exists. In areas of Nepal where
the conflict is the worst (the west), many girls are already not attending school
because women and girls are most often abducted outside of their homes.

Perhaps the most devastating factor in the fight for women's rights in Nepal is the
effect the conflict has on the participatory role of women. Maintenance of national
security and peace is an important factor for economic growth and development
and the empowerment of women. Violence, political participation, and attacks on
women are discouraging political participation and endangering any gains that had
previously been made on women's rights in Nepal. Participation in local political
groups and community groups becomes more of a burden during times of conflict
and it can also become dangerous. Program's targeted at women and other
marginalized populations are no longer a priority and are very hard to sustain in the
midst of conflict and danger. Yet, if Nepalese women are to play an equal part in
security and maintaining peace, they must be empowered politically and
economically. Because of gender discrimination, the needs of women themselves
have been the first to be sacrificed during times of conflict. Women have been
excluded from political decision-making, jeapordizing even more their rights for the
future.

"Sari Soldiers: Women on the Frontline in Nepal" examines the role of women in
Nepali society from every angle. It also shows how the conflict has impacted women
of all economic, political, and regional backgrounds. The film not only looks at the
individual struggles of each of the six women, it frames these struggles against a
backdrop of economic and political strife. In the next blog, I will discuss the legal
framework of this conflict and the human rights abuses that have been
documented.

posted by Lauren at Thursday, April 06, 2006 10 comments

NEPAL: BACKGROUND

GENERAL INFORMATION

The Kingdom of Nepal is a landlocked Himalayan country in South Asia, bordering

the People’s Republic of China to the north and India to the south, east, and west.
Nepal is the world’s only Hindu state and over 80% of the population follows this
faith. For most of its history, Nepal has been ruled by a hereditary monarchy or
ruling family, largely isolated from the rest of the world. This system of rule lasted
for centuries until King Birendra was pressured by opposition parties to implement
sweeping political reforms in 1990. The political structure changed and a
parliamentary monarchy was created with the king as head of state and a prime
minister as head of government. Nepal’s longstanding history of continuity of rule
and relative stability was challenged during this time, when the Movement for the
Restoration of Democracy (pro-democracy movement) was formally established on
February 18, 1990. The goal of the pro-democracy movement was to establish a
more representative democracy, but it was accompanied by violent demonstrations
and political unrest. Since democratic politics were introduced in 1991, the system
has been divided by many factions with frequent changes of government during the
last decade.

NEPAL’S ECONOMY:

In addition to the political instability in Nepal, the economic situation is dire. Nepal
is among the poorest and least developed countries in the world and roughly 1/3 of
its population currently lives below the poverty line, especially in the rural areas.
Agriculture is the foundation of the economy, accounting for 38% of GDP and
providing livelihood for ¾ of the population. The internal conflict has also impacted
tourism, a key source of income that centers mainly on visitors to Mt. Everest.
Prospects for foreign investment are also low because of the small economy, poor
development, and the civil war situation (CIA World Factbook).

NEPAL’S INTERNAL CONFLICT:

For the past decade, Nepal has suffered from political, social, and economic
hardships, which have been made worse by an ongoing and violent Maoist rebellion.
Revolutionary communism has all but disappeared in the world, yet Nepal’s Maoist
rebels continue to gain strength. The wavering constitutional democracy created
following the 1990 People’s Movement is on the verge of collapse due to continued
success of the Maoist guerrilla insurgency, or the “People’s War”, that was launched
in 1996 by the Communist Party of Nepal-Maoist (CPN-Maoist). The CPN is a Maoist
group heavily modeled on Peru's Sendero Luminoso, better known as the Shining
Path. The CPN's goals are to end the Nepalese monarchy and replace it with a
Maoist People’s Republic, and to put an end to capitalist exploitation, the caste
system, and ethnic, religious, and linguistic exploitation. Beginning in 1996 as a
small group of insurgents, the movement has continually gained momentum and it
is now estimated that there are 10,000 to 15,000 fighters across the country. Many
of the leaders of the rebel movement were also key figures in the democratic
movement that overthrew the long-standing monarchy. Their frustration with the
stagnant political situation and their anger over the neglect of the rural poor were
the two motivating factors for the creation of the Maoist movement. The CPN tries
to create a united front to gain local support but will use terror in areas where
support comes more slowly. Such incidents of violence have increased as the CPN
has expanded beyond its areas of traditional support. In some regions, especially in
the Mid-West where the movement originated, the CPN has firm control of the area
and government control is considerably limited. This conflict has become a revolt of
people in the countryside who are mostly low-caste Hindus who realize that their
essentially feudal way of life needs to be changed. The failure of mainstream
politics to meet the basic needs of Nepal’s rural poor has fueled the conflict and
drawn many of these people to the Maoist cause.

NEPAL’S HUMAN RIGHTS ISSUES:

Both the government and the rebel forces have resorted to human rights abuses
and have been accused of wide-ranging violent activities. It is estimated that more
than 10,000 people have died in Nepal’s brutal civil war and that some 200,000
people have become internally displaced refugees. The conflict continues to rage
between government forces and Maoist rebels, putting many civilians in the middle
of the violence. Those most often caught between the two opposing sides are the
most vulnerable: the “untouchables”, the rural poor, women, children, and the
indigenous communities. In the western parts of the country, which are the most
contested areas and the most saturated with rebel forces, civilians are often
threatened by both sides. Maoist rebels force the villagers to provide them with
shelter and refusal to do so often leads to violent reprisals. But, if the villagers
protect the rebels, either willfully or by force, they will be vulnerable to violence by
the Government police. Using extortion and coercion, the Maoists are imposing an
authoritarian control throughout large parts of rural Nepal. State forces are engaged
in well documented, systematic violations from extra-judicial executions to illegal
detentions, "disappearances" and torture. When King Gyanendra seized direct
power and dismissed the government in a royal coup on February 1, 2005, the state
was guilty of suspending many fundamental rights and arresting thousands of
political party leaders, students, journalists, and human rights activists.
“Sari Soldiers: Women on the Frontline in Nepal”, is a documentary film by Julie
Bridgham that documents the perspective of women caught on both sides of the
conflict. The human rights violations in Nepal have been widespread, but women in
particular are often the unrecognized victims in this conflict. In the next blog entry I
will discuss the situation for women in Nepal and give a background of how they
have suffered from human rights abuses at the hands of the rebels and the
Government forces.

USEFUL LINKS:

DUKE HUMAN RIGHTS INITIATIVE: http://www.duke.edu/web/rightsatduke/

UN HIGH COMMISSIONER FOR HUMAN RIGHTS IN NEPAL:

http://www.ohchr.org/english/countries/np/index.htm

posted by Lauren at Thursday, April 06, 2006 40 comments

About Me

Name: Lauren

Location: Durham, North Carolina, United States

I am a senior at Duke University in Durham, NC, USA. The purpose of this blog is to
provide a brief historical and political background of the current human rights
situation in Nepal. These postings were created as a source of information for the
upcoming screening of "Sari Soldiers: Women on the Frontline in Nepal", a
documentary film by Julie Bridgham.

View my complete profile

Bikal Shrestha ( itisbikal@hotmail.com)