62nd session of UN-CHR kicks off; Rights bodies recommend Agenda Item 9 against Nepal

March 20, 2006
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Human Rights groups in Nepal have appealed the United Nations’ Commission on Human Rights (UN-CHR) to impose Agenda Item 9 against Nepal in view of what they call gross and systematic human rights violations in the country.

Talking to Nepalnews, General Secretary of Forum for Protection of Human Rights (FOPHUR) – who is also a member of the committee formed to prepare a report to be presented in Geneva on behalf of the rights organisations and civil society– Gopal Chintan, said the report has recommended for the imposition of Agenda item 9 as the rights situation in the country had further deteriorated since the imposition of the Item 19 in the 61st session of the UN-CHR last year.

The 61st session of the UN-CHR last year imposed Agenda Item 19 against Nepal with the aim of addressing serious human rights abuses and violations by the Maoists and the government respectively. Nepal signed an agreement with the UNCHR so as to let the UN Office of High Commissioner for Human Rights (OHCHR) to set up in Nepal and allow it to monitor incidences of rights violations from both the warring sides in the country.

“The government has, however, not complied with any of provisions in the Agenda Item 19. The activities of the government are against the sprit of the agreement between the government and the OHCHR,” Siwakoti added.

Agenda Item 9 is the provision to create pressure against countries that have systematic and consistent pattern of gross violation of human rights. The UN rights body may impose sanctions and restrict such countries from participating in the UN peacekeeping missions if the agenda is endorsed.

The 20-point report jointly prepared by the human rights organisations and civil society has concluded that rather than improving the rights situation since 61st session, the situation has further deteriorated in the country.

The OHCHR in Nepal is also presenting its report regarding the rights situation in the country in the forthcoming session of the Commission.

Rights activists, however, say the report of the OHCHR is incomplete as it has recorded the incidents of rights violations up to January this year. “The situation of human rights has further deteriorated since February this year,” said Chintan, referring to government’s ban on peaceful assembly and mass arrests by the government. “We have also appealed the rights body to present a supplement report as the main report doesn’t portray the actual picture of the rights situation in the country,” he added.

Siwakoti, however, said Nepali rights group are ready not to present their alternative report and save Nepal from the situation of imposition of Agenda Item 9 if the government immediately declares ceasefire and starts a process of dialogue with the rebels.

“The representatives of rights organizations will present actual picture of rights situation in the country and urge the member countries to adopt suitable measures for protection and promotion of human rights,” he added.

On 15 March this year, UN General Assembly decided to establish the United Nations Human Rights Council replacing the existing UN Commission on Human Rights.

Based in Geneva, the Council will start work from 19 June this year after the mandate of the Commission on Human Rights comes to an end on June 16.

The UN High Commissioner for Human Rights, Louise Arbour, described the latest decision of the UN General Assembly as “a historic opportunity to improve the protection and promotion of fundamental freedoms of people around the world.”