The visiting high-level delegation of the European Union, also known as EU Troika, has expressed serious concerns over what it said “rapidly deteriorating human rights situation in Nepal,” and has reminded all sides of their obligations under both Nepali law and international law.

Addressing a press meet at the end of their three-day visit (13-15 December), head of the EU Troika delegation, Robert Milders, urged the CPN (Maoist) to respond positively to the government’s call without any preconditions.

Failure to do so on the part of CPN (M) will serve as evidence that CPN (M) has no real intention of pursuing political objectives through legitimate means and will oblige the EU to reassess its position, said a press statement issued on the occasion.

For the CPN (M) to be recognised as a legitimate political actor, it must renounce violence and commit to democracy and human rights, the EU said. The EU also strongly condemned the CPN (M)’s systematic and gross human rights violations, including the use of child soldiers, which run contrary to official claims by the CPN (M) that they respect human rights.

Milders, who is also the director for Asian affairs of the Foreign Ministry of the Netherlands that holds the EU Presidency now, said the EU was ready to help the peace process in Nepal in whatever way the government wanted. “We are not against the international assistance to the Royal Nepalese Army (RNA). The RNA can get help from us it needs,” he said.

The EU, however, recalled the international community’s appeal for both sides to the conflict to sign human rights accord as a first step toward curtailing the indiscriminate and arbitrary violation of rights, he said.

Reiterating that it was fruitless for either side to pursue a solution by military or violent means, the EU delegation said the only viable option was a political solution through negotiations between all sides. “Only a negotiated solution will serve the short, medium and long-term interests of Nepal and her citizens. The EU stands ready to offer its full support to a peace process,” the statement said.

Referring to the Troika’s meeting with HM King Gyanendra on Tuesday, Milders said it was ‘constructive and encouraging’. He did not elaborate. He said the Troika did not have direct contact with the underground Maoists.

In what may have come as a relief to the beleaguered Sher Bahadur Deuba-led government that is under attack from all sides—including its own coalition partners– the EU said it did not see any alternative to a government with a broad-based democratic mandate. It has also urged all democratic and constitutional forces to rally behind the incumbent Government and present a united front.

Major opposition parties, including Nepali Congress, however, term the present government as ‘unconstitutional’ and have continued their protests demanding reinstatement of the dissolved parliament and formation of an all-party government as a means to `correct’ the royal move of October 2002.

The EU delegation renewed its support to the Nepal government’s efforts to renew dialogue, and emphasised that a peace process must also address issues such as cease-fire monitoring, impunity, development and human rights.

“Despite the difficulties in envisaging elections in the current climate, it is important to set out and begin work on the steps towards this goal. It is essential that a security environment is created to allow elections that will be free and fair,” the Troika said, in a statement.

The EU expresses its full support to the efforts of the National Human Rights Commission (NHRC) and the human rights movement in Nepal, and emphasizes that intimidation and harassment of human rights defenders are absolutely unacceptable. The EU draws attention to the importance it attaches to ensuring the safety and protection of human rights defenders in Nepal, the statement said.

The EU has serious misgivings about the promulgation of the Terrorist and Disruptive Activities (Control and Punishment) Ordinance (TADO). Legalizing unlawful detentions will only worsen the human rights crisis in Nepal. The EU will – in consultation with its other partners – revisit the human rights situation in Nepal at the 61st session of the Commission on Human Rights in Geneva in March-April 2005, the statement said.

The EU (including European Commission and its member states) is one of the major donors to Nepal, providing an assistance worth over €100 million per year in both development and humanitarian assistance targeted at the alleviation of poverty and human suffering.

“The EU is seriously concerned however that the current situation is making it increasingly difficult to implement development and co-operation assistance,” the statement said.

The EU wishes to express its concern over the growing number of Internally Displaced Persons (IDPs) in Nepal. In order to respond to this concern the European Commission Humanitarian Office (ECHO) will be shortly establishing a permanent presence in Nepal, the delegation said.

Responding to a query on the Bhutanese refugee stalemate, Laurence Argimon-Pistre, head of the South Asia unit of the European Commission and a member of the Troika, said (the EU) would like to see the dialogue resume between the two kingdoms. Saying that the international community is concerned that this problem must be solved, Pistre said she would also raise the issue with the Bhutanese government.

The EU delegation is also to visit Bhutan and India after Nepal. nepalnews.com Prakash Dhakal Dec 15 04