Since May 2006, the country’s National Commission on Human Rights reportedly received 1,234 cases of disappearances. And in 2003, Nepal held the highest number of disappearance cases in the world according to the United Nations Working Group on Enforced or Involuntary Disappearances.

Government security forces commit majority of the disappearances. However, instead of taking action to prevent such severe abuses, civilian authorities focused on issuing denials and covering up the violations. Until now, no senior officer has ever been prosecuted and punished. The government has much to account for as well. Even if it did not give the security forces direct orders, its failure to end the practice, protect the people and prosecute the perpetrators make them accomplices. They are responsible for the crime as much as the police and military. In the face of such government inaction, disappearances can fairly be characterized as government policy.1

In June 2006, AFAD visited Nepal. Its mission: to extend possible assistance to the many families and victims of disappearances. As the Federation’s representative, I primarily coordinated with Advocacy Forum, an NGO working to promote the rule of law and human rights in Nepal, AFAD was able to meet the families and other organizations.

Founded in 2001, Advocacy Forum has been one of the most active organizations working on the issue of disappearances and fighting impunity. It documents cases of human rights violations, monitors detention centers, and provides legal aid to the victims. From July 2001 to April 2006, it documented 5,682 cases of human rights abuses committed both by security forces and Maoists such as extra-judicial killings (198), involuntary disappearances (335), torture (2,271), rape of women (41) and illegal detention (2,837).

For disappearances in particular, the organization conducts research and advocacy work in the national and international level. It also organizes victims and relatives of the disappeared.

The Centre for the Victims of Torture (CVICT) also helped facilitate my visit. CVICT was established in 1990 as an NGO which aimed to rehabilitate victims of trauma and torture. It provides medical, psychosocial treatment and legal services to all who are in need regardless of their gender, age, caste, religion, ethnicity, economic status or political affiliation.

Through these two organizations, I met 25 affected family members in Kathmandu. The members were mostly women. I introduced AFAD and its members to this group. I listened to their personal stories of agony and grief. A 60-year old man shared his story about the disappearance of his three sons in 2003. His sons were all members of the All Nepal National Free Student Union – Revolutionary (ANNFSU-R). He said that they were arrested in public places by plainclothesmen. He immediately reported what happened to the International Committee of the Red Cross, Amnesty International, the National Human Rights Commission and local NGOs. He also filed a petition for Habeas Corpus. After 19 months, the RNA reported that they have detained one of his sons, Birendra Basnet, in the military detention center of Bhairabnath. He was released later in December 2005 under a Supreme Court order.

But the search for the other two sons, Puspha and Dhirendra, has remained futile despite a testimony of a witness presented before the Office of the High Commissioner for Human Rights (OHCHR) confirming that all three sons were detained in the same center.

I sat amongst them, a witness to their sense of conviction and commitment to fight for truth and justice. They also expressed their plea to the international community to support their struggle against disappearances and for the institutionalization of democracy in the country. This particular father urged the local and international organizations to not just observe and listen but to do concrete actions to stop the disappearances and other undemocratic practices in Nepal.

I, in turn, presented to them the functions of AFAD. I explained that as a Federation working in a continent riddled with disappearance cases, AFAD still has much to do. And it needs to draw much strength from the peoples of Asia. In this light, AFAD hopes to expand its memberships to as many organizations in the region and extend its assistance to more families in need. I encouraged them to join the Federation and let their voices be heard, echo in other parts of the world and be united with the other families in the universal pain and struggle for justice.

The families, indeed, signified their eagerness to join the Federation. According to Bikram Tuladhar from Advocacy Forum, families have already been organized. Advocacy Forum has already filed its application as a member of AFAD. Deliberations are scheduled in December in time for the Federation’s Third Congress.

AFAD hopes that opening up its network and membership to other countries such as Nepal will help boost the Federation’s campaign against disappearances and impunity, as well as its intention to uphold the victims’ rights. AFAD shall serve as the channel for the victims to reach out to the other families in Asia and in other continents, to give their support and assurance of solidarity.

For Nepal in particular, AFAD guarantees its full support in stopping disappearances happening in the country and in demanding state accountability especially in its transitional period following the April uprising to strip the King of his absolute power.

With more nations in this fight, AFAD looks forward to a more united line of struggle for the adoption of the International Convention for the Protection of All Persons from Enforced Disappearances by the UN General Assembly as well as for its ratification by state members especially the Asian countries.