A Written Submission to the UN Human Rights Council by the Asian Legal Resource Centre
A Written Submission to the 34th Regular Session of the UN Human Rights Council by the Asian Legal Resource Centre The Asian Legal Resource Centre (ALRC) wishes to draw the attention of the UN Human Rights Council (UNHRC) to the transitional justice process in Nepal. Please note the lack of amendments to the Transitional Justice Acts. Additionally, enactment of particular, necessary laws is needed. There is a shortage of funds and human resources to accomplish this process.
1. The Asian Legal Resource Centre (ALRC) wishes to draw the attention of the United Nations Human Rights Council (UNHRC) to the manner of judicial appointments in Nepal, which has put judicial independence into question.
1. The Asian Legal Resource Centre (ALRC) wishes to draw the attention of the UN Human Rights Council (UNHRC) to the excessive force used by the security forces in Nepal during the anti-Constitution protests from 16 August 2015 to 5 February 2016, in which over 40 people died.
An Oral Statement to the 31st Session of the UN Human Rights Council from the Asian Legal Resource Centre (ALRC) on the Universal Periodic Review Outcomes on Nepal. Due to time constraints in Council proceedings, the following Oral Statement could not be presented at the Council. The Statement is now being shared to inform the wider audience in Nepal and across the world about the ALRC’s campaign on institutional transformation in Nepal.
The entrenched impunity for past crimes committed allows for ongoing human rights violations in the country. The stakeholder submission details Nepal’s systemic practice of torture in detention and the lack of implementation of recommendations by the Committee against Torture. Nepal has neither passed legislation that criminalizes torture, nor has it put a system in place that allows for meaningful redress or adequate compensation for torture victims.
The Asian Legal Resource Centre (ALRC) and the Transcultural Psychosocial Organization (TPO Nepal) have prepared this report in relation to the upcoming second cycle of Universal Periodic Review (UPR) to be held on 4 November 2015. It presents the institutional and legal realities of torture and ill-treatment in Nepal.
Though the government was quite positive to address the EJKs during the previous UPR recommendation number 107.15, at least four EJKs in the Terai region since 28 March 2014 indicate that there is a re-emerging trend of EJKs after a gap of several months since the last recorded case. These victims are Madhu Tajpuriya from Morang , Chhatu Sahani from Sarlahi, Rajaram Jha from Dhanusha, and Jaya Narayan Patel from Bara. This trend of EJKs by security forces persists despite the previous recommendations of the UN Human Rights Committee and UN OHCHR.
The Nepal Government, on its part, has been found to be wanting on various counts, including a near complete absence of presence outside Kathmandu valley. Nepal has not seen local body elections for decades and this has resulted in a serious administrative crisis on the ground. As only the bureaucrats govern most of these areas, with no checks and balances from elected representatives, allegations of corruption and incompetence abound. The earthquake has brought all these issues to the fore.