The Asian Federation Against Involuntary Disappearances (AFAD) calls on the Bhattarai government to uphold the rights of its citizens to free expression and peaceful assembly.

The recent arrest of 23 other human rights defenders including AFAD’s Executive Council Member, Mandira Sharma and a mother with her three-year-old daughter on February 16, 2013 is a clear violation of Nepal’s commitment to the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of Discrimination Against Women (CEDAW). It is also a violation of the 1992 United Nations Declaration on the Protection of All Persons from Enforced Disappearance which was unanimously adopted by all UN members on 18 December 1992.

AFAD is alarmed at the use of police force against the peaceful protesters who were on their way to the Prime Minister’s residence to deliver a letter demanding justice for Maina Sunuwar, a 15-year old school girl who was tortured to death by government security forces in 2004. The unnecessary use of force resulted in the wounding of Badri Prasad Bhusal.

This is the second arrest of peaceful human rights defenders and ordinary citizens composed mostly of women who have been campaigning for government action on the increasing violence against women. Last January 25th, the police also arrested 32 participants of a sit-in demonstration in front of the Prime Minister’s residence. The sit-in demonstration, dubbed as “Occupy Baluawatar”, a public movement to end all forms of violence against women and gender-based discrimination.

AFAD appeals on the Bhattarai government to listen and act on the demands of the protesters rather than stifling their legitimate dissent. Their call for justice and for government to uphold human rights and the rule of law are valid.

However, it is disturbing that instead of investigating, arresting and prosecuting human rights violators, the government has been directing its actions against human rights defenders. The recent arrests and other actions against human rights indicate a retrogression of the government’s human rights commitment to the international human rights community. Early in January, there were also attempts to block the investigation on the case of Dekendra Thapa, a journalist who disappeared in 2008.

AFAD reminds the government that failure to comply with its human rights commitments will have negative impact on its diplomatic standing.

AFAD, as a regional federation against enforced disappearances and the focal point of the International Coalition Against Enforced Disappearances (ICAED), in solidarity with the women victims of gender-based violence and the Nepali people who have been victims of various forms of human rights violations will seek the support of the international human rights community in its call for the Bhattarai government to stop impunity and implement measures to address human rights violation cases, including enforced disappearances.

In particular, it will call the attention of the UN Special Rapporteurs on Violence Against Women, its Causes and Consequences; on the Promotion and Protection of the Right to Freedom of Opinion and Expression; on the Rights to Freedom of Peaceful Assembly and of Association and on the Situation of Human Rights Defenders to immediately conduct a fact-finding on the human rights situation in Nepal to end impunity and prevent further violation of their human rights.

Signed and authenticated by:

MUGIYANTO
Chairperson

MARY AILEEN BACALSO
Secretary-General