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.
FOR IMMEDIATE RELEASE ALRC-CWS-29-09-2015 June 09, 2015 A Written Submission to the UN Human Rights Council by the Asian Legal Resource Centre NEPAL: Need for local elections, exposed by the earthquake The Asian Legal Resource Centre (ALRC) joins the world in grieving the loss of human lives, property, and cultural history in Nepal during and after the massive earthquake that struck at 11:50 a.m. on 25 April 2015. The 7.9 magnitude earthquake with an epicenter 80 km east of Pokhara has devastated the country, resulting in at least 8,604 human casualties, injuries to at least 17,838, displacement of millions, and widespread damage across the Himalayan nation. The response in the […]
FOR IMMEDIATE RELEASE ALRC-CWS-29-07-2015 June 08, 2015 Written submission to the UN HRC by the Asian Legal Resource Centre NEPAL: Custodial torture is rooted in the police stations of Nepal The Asian Legal Resource Centre (ALRC), along with the Terai Human Rights Defenders (THRD) Alliance, would like to bring the entrenched practice of custodial torture in Nepal to the attention of the UN Human Rights Council. In relation to the decade-long conflict period from 1996 to 2006, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, following a visit to Nepal in September 2005, concluded, inter alia, that “Torture is systematically practiced by the police, […]
ALRC-CWS-27-08-2014 September 3, 2014 HUMAN RIGHTS COUNCIL Twenty seventh session, Agenda Item 3, General Debate A written submission to the UN Human Rights Council by the Asian Legal Resource Centre NEPAL: Council should exert pressure to abolish Haliya practice, a form of slavery 1. There are an estimated 3 million Dalits who have been facing the problem of untouchablity and caste-based discrimination in Nepal. In Nepal, 76% of the population depends on agriculture, and land is their major survival asset. However, 9% of the elite hold 47% of the cultivable land. On the other hand, 67% of poor people have ownership of only 17% of the arable land, and 33% […]
ALRC-CWS-27-04-2014 September 1, 2014 HUMAN RIGHTS COUNCIL Twenty seventh session, Agenda Item 3, Interactive Dialogue with Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence A written submission to the UN Human Rights Council by the Asian Legal Resource Centre NEPAL: Pressure needed in support of women forgotten in transitional justice process 1. In the recent past, the Asian Legal Resource Centre (ALRC) and its sister organization the Asian Human Rights Commission (AHRC) have continued to highlight myriad problems in the substance of the Truth and Reconciliation (TRC) Act passed by government of Nepal. However, given the nature of the violence during Nepal’s insurgency, and given […]
Date: June 19, 2014 Document id: ALRC-COS-26-20-2014 HRC section: Item 3, General Debate Speaker: Mr. MOON JeongHo Oral Statement to the 26th Session of the UN Human Rights Council by the Asian Legal Resource Centre (ALRC), a non-governmental organization with general consultative status NEPAL / REPUBLIC OF KOREA: Blind amnesty and systematic segregation Thank you Mr. President, The Asian Legal Resource Centre (ALRC)expresses its deep concern about the absence of investigation into the systematic segregation regulation and policy that resulted in at least 500 deaths in a so-called ‘welfare’ facility in the Republic of Korea during the 1970s and 80s. The Ordinance no. 10 of the Ministry of Home Affairs, […]
ALRC-CWS-26-12-2014 June 5, 2014 HUMAN RIGHTS COUNCIL Twenty sixth session, Agenda Item 3, General Debates A joint written submission to the UN Human Rights Council by the Asian Legal Resource Centre and Forum for Protection of People’s Rights, Nepal (PPR Nepal) NEPAL: Council should exert strong pressure to bring a law that criminalises torture 1. Torture is a grave violation of human rights. The prohibition of torture is a fundamental element of international law, enshrined in major international human rights instruments, such as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), 1984, Universal Declaration of Human Rights (UDHR), 1948 and International Covenant on Civil […]