The Asian Federation Against Involuntary Disappearances (AFAD) condemns the arrest and brief detention on 25 January 2013 of the thirty-two human rights activists by the Nepali Metropolitan police for participating in sit-in protests outside the prime ministerial residence in Nepal.

Dubbed as‘Occupy Baluwatar’ (Baluwatar Satyagraha), the sit-in protest is being staged by citizens of Nepal from various professions, as a response to the government’s inability to curb abuses and violence against women and punish those responsible especially for the most serious cases of brutality on women. AFAD extends solidarity to Occupy Baluwatar protest for their demands for justice and rule of law.

The ongoing human rights violation in Nepal, including the gender based violence is a result of its entrenched impunity. The Nepalese government has been defying court orders, protecting criminals, resulting in greater sense of insecurity among the public.

The case of Maina, Sunuwar, Uma Singh, Sita Rai and more than a hundred cases of gender based violence in the country naturally warrant public outrage for justice. Maina Sunuwar, a 15-year old girl from Kavre District was arrested illegally, detained, interrogated, and tortured to death by government security forces in 2004, during the armed conflict. Recently, Sita Rai was allegedly robbed and raped by the Tribhuvan International Airport (TIA) officials on 21 November 2012.

The victims of human rights violations, including victims of gender based violence during the armed conflict and even in post-conflict era and their families have been waiting too long for justice. For Nepal to advance its step towards true democracy, it must guarantee human rights for all its citizens.

It is time for the government to walk the talk. It must get tough against human rights abusers not against human rights defenders. Stifling dissent will only lead to more human rights violations. Silencing the voice of the protest will only aggravate further political tensions. Justice must work in favor of the human rights victims and not of its perpetrators.

Some of the recent events such as the Occupy Baluwatar Protest, arrest of Col. Kumar Lama in the UK for his alleged involvement in torture in Nepal have provided Nepal a unique opportunity to take concerted efforts in dealing with entrenched impunity in the country.

AFAD would like to recommend to the Nepalese government to take the following measures immediately to ensure its commitment to respect human rights and rule of law:

1. Take measures to end impunity by initiating investigations on those cases where the courts of Nepal have asked authority to initiate the investigation;

2. Respect court orders by arresting those against whom the courts have issued arrest warrants, such as in the case of Maina Sunuwar and Ujjen Kumar Shrestha;

3. Fulfill the demands presented by the protestors in Occupy Baluwatar movement;

4. Withdraw the ordinance that provides amnesty to the serious crimes of human rights violations including disappearances;

5. Start the process of setting up comprehensive transitional justice mechanisms such as commission of inquiry on enforced disappearances and TRC ensuring the greater participation of the victims;

6. Enact a piece of legislation criminalizing disappearance and sign and ratify the International Convention on Protection of All Persons from Enforced Disappearance, and

7. Extend cooperation with the investigation for Lama’s alleged involvement in torture cases to show its political will and commitment to international law.

Signed and authenticated by:

MUGIYANTO
Chairperson

and

MARY AILEEN DIEZ-BACALSO
Secretary-General