Further Subversion of Rule of Law Massive Crack-down

NEPAL: Urgent Update-1 Further Subversion of Rule of Law : Massive Crack-down January 20, 2006 Table of Contents • • • • • • • • • • Introduction Overview Arbitrary Detention of Human Rights Defenders, Trade Unionists and Political Activists Right to Peaceful Assembly and Right to Movement Freedom of Expression and Opinion Freedom from Fear Nepal Government’s Response Concerns Raised by Un, Governments, National Human Rights Commission, Nepali Political Parties, NGOS and Trade Unions Recommendations Appendices Page 2 Page 2 Page 3 Page 4 Page 4 Page 5 Page 6 Page 6 Page 9 Page 10 INTRODUCTION Nepal has come to another crack-down from the government led by the King Gyanendra on January 18 to date while the government intensified arbitrary actions against human rights community, political leaders and activists and the general people since February 1, 2005. This is an urgent update on the latest crack-down in Nepal prepared by FORUM-ASIA in the view to monitor the situation of human rights and democracy in the country, and we will come with followups in this crack-down until the situation gets improve. FORUM-ASIA welcomes any information and updates from individuals and organizations concerned on the Nepal situation. OVERVIEW Another blow against human rights community, political parties and the citizens of Nepal has come since the government arbitrarily arrested dozens of political leaders and activists and human rights defenders, suspension of communication, imposed distressing curfews around the country, restriction on peaceful assembly in the capital city of Kathmandu, resulting in the massive crackdown in freedom from arbitrary arrest and detention, right to assembly, freedom of expression and opinion, right to movement and freedom from fear on the eve of mass demonstration scheduled by seven political parties alliance for January 20, 2006. The government has further intensified its suppressive measures by declaring day-long curfew for January 20 in the capital on January 19, 2006 night. The government’s spokesperson, Home Minister claimed that the leaders of the political parties were arrested to prevent violence that could erupt while defying ban orders in the prohibited area. But the political leaders and activists have been handed 3-month detention warrant and the almost all capital city of Kathmandu and major areas of Lalitpur have been declared prohibited area which has curtailed the right to assembly and movement of the people in the country. Even the curfew has been ordered and mobile and wireless telephone services have been suspended in other districts outside Kathmandu valley. Until date 123 arrests have been reported from Kathmandu, Lalitpur, Bhaktapur and Palpa district. The government security forces arbitrarily arrested human rights defenders and political activists mostly from their residences and offices. Day-long curfew has been imposed the Kathmandu valley and similar orders have been issued in other districts during nights. Freedom of assembly has been totally disrupted in the capital city. Suspensions on telephone services and government’s actions resulting in the closure of FM radio have deteriorating the situation of freedom of expression and opinion. Trade union offices, residences of human rights defenders and political leaders have been reported, and the government security forces have posed threat over public security, including the fearless functioning of human rights organizations, media and professional organizations, amidst the announcement of curfew and restrictions on peaceful assembly. The government has been ignoring the grave concerns raised by national as well as international community, including UN SecretaryGeneral, EU, US, UK, Japan, India, OHCHR-Nepal, NHRC, various political parties, human rights organizations and trade unions. 2 The government’s crack-down has disregarded the country resolution on Nepal under the Agenda Item 19 of Advisory Services and Technical Cooperation passed in the 61st Session of Commission on Human Rights in 2005 and also breach the international obligations to the major human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to which Nepal is a party. The arbitrary actions of the government have also violated the norms set in the Universal Declaration of Human Rights1948 and the UN Declaration on Human Rights Defenders 1998. ARBITRARY DETENTION OF HUMAN RIGHTS DEFENDERS, TRADE UNIONISTS AND POLITICAL ACTIVISTS At least 118 political activists, including trade unionists and 5 human rights defenders have been reportedly arrested in Kathmandu, Lalitpur, Bhaktapur and Palpa district, from January 17 till the afternoon January 19, 2006, aiming to quell the mass demonstration of seven political parties against the Royal takeover of February 1, 2005. Nepali Congress (NC) President Girija Prasad and CPN (UML) General Secretary Madhav Kumar Nepal are arrested on January 20, 2006 morning. They have been handed house arrest letter morning January 20.1 Arrests from outside the Kathmandu valley are yet to be reported. Security official had started rounding up the leaders from the early morning. Plain-clothed security forces were largely mobilized to arrest many of the leaders. The detained leaders and human rights activists have been reportedly detained at various police stations in the capital, including Nepal Police Academy in Maharajgunj, No. 2 Battalion of Armed Police Force (APF) in Maharajgunj, APF Headquarter in Halchowk, Kathmandu and APF Guheswari Battalion in Duwakot, Bhaktapur. The government security forces have also arrested three prominent human rights activists and a journalist in Kathmandu. Human Rights defenders and Coordinators of Citizens’ Movement for Peace and Democracy (CMPD) Dr. Mathura Prasad Shrestha, Krishna Pahadi and Dr. Devendra Raj Pandey, and Editor of Mulyankan monthly magazine Shyam Shrestha are those arrested on morning January 19. Similarly, Nilambar Acharya, former Nepalese Ambassador to Sri Lanka, has also been arrested on the same day. A family member of Pahadi told that plainclothes security personnel took Pahadi into custody at around 5:30 a. m. this morning. He was taken to Gaushala police post from his residence. Similarly, family members of Dr. Pandey told that the security personnel took him into custody at around 8:30 p. m. He was told that he would be taken to Armed Police Force headquarters at Halchowk, Kathmandu.2 At least 94 political leaders and activists were reportedly arrested from their houses and other parts of Kathmandu at the evening January 18 and morning January 19.3 Moreover, 5 political activists were detained in Palpa district of Western Nepal January 19, 2006. 1 2 Press Statement, NHRC, January 20, 2006 www.nepalnews.com, January 19, 2006 3 See Appendix 1 3 According to party sources, CPN-UML leaders Pradip Nepal, Keshav Badal, Subash Nembang, Bhim Rawal, Bidya Bhandari were arrested from their residences at round 5 a.m this morning while Prem Suwal of Nepal Workers and Peasants Party was also arrested at around 6:30 a.m. Nepali Congress central leaders including Shekhar Koirala, Sujata Koirala, Dr. Ram Sharan Mahat and Laxman Ghimire among others were arrested at the morning January 19.4 Meanwhile, the government authorities handed three-month warrants for detention to 15 political leaders and activists under the Public Security Act (PSA) on January 18, 2006. A total of 16 political leaders and activists were arrested on January 17 on the charge of defying the government ban on demonstrations in the capital city of Kathmandu.5 RIGHT TO PEACEFUL ASSEMBLY AND RIGHT TO MOVEMENT The government has imposed a ban on mass gatherings inside the Ring Road area of the capital. The ban has been imposed to disrupt the mass gathering by seven agitating party alliance scheduled to January 20, 2006. The District Administration Office Kathmandu and Lalitpur have issued such prohibitory orders on January 16, 2006. Authorities have issued curfew orders in various districts of Nepal, including Kathmandu, Lalitpur and Bhaktapur districts of the capital city and prohibited rallies and mass movement inside the Ring Road in Kathmandu valley on January 16, 2006. A day-long curfew has been imposed in Kathmandu and Lalitpur districts of the capital city on January 20, 2006. Issuing separate orders, the Chief District Officers of Kathmandu and Lalitpur said a curfew will be in place within the Ring Road areas of the two districts with effect from 8 a.m. to 6 p.m. on January 20, 2006. The curfew will also remain effective from 9:00 pm till 4:00 am in Kathmandu, Lalitpur and some parts of Bhaktapur districts of the capital. Curfew hour in the capital city was extended from 9:00 pm until 4:00 am effective from January 18, 2006 until further notice. It was from 11:00 pm until 4:00 pm on January 16 and 17, 2006. The government has imposed curfew in all major cities and number of district headquarters as well. It has increased the time of curfew for those places having curfew already.6 Curfew from 10:00pm until 4:00am in Birgunj and nearby highways in the central region, in Jhapa, Saptari, Itahari and Inaruwa and adjacent highways in eastern Nepal, Nepalgunj, Khohalpur and the highway between them in Mid western part, Pokhara, Damauli and nearby highways in western Nepal has been reported.. Similarly there will be curfew from 8:00pm until 4:00am in Syangja and Waling of Western Nepal.7 FREEDOM OF EXPRESSION AND OPINION Telephone Services The government suspended mobile telephone and landline telephone services from the morning January 19, aiming to disrupt the mass meeting of the seven political parties alliance. However 4 5 www.ekantipur.com, January 19, 2006 See Appendix 2 6 www.inseconline.org, January 18, 2006 7 http://kathmandu.usembassy.gov/sec_01-18-2007.html, January 18, 2006 4 landline telephone services resumed at 8:30 a.m. Landlines and mobile phones went dead early morning. According to the reports, the Nepal Telecom has disrupted the telephones, including mobile services starting from 5:30 AM. Similarly all the post-paid and pre-paid mobile services and UTL (private wireless telephone) have also been cut-off in the Mid-western region of Nepal since the morning January 16, 2006.8 Phone lines of NC President Girija Prasad Koirala and Chakra Prasad Banstola have been disconnected. Telephones of many of the top political leaders and human rights defenders have been reportedly tapped by the government. FM Radio As another blow upon the media, the government has refused to let a FM radio buy an additional transmitter causing its closure. According to the reports, the Nepal FM 91.8, run by Rainbow FM Pvt. Ltd. has closed down since January 18 after the existing transmitter went out or order and the government did not pay attention to the request made by the independent radios to by the additional transmitter. Similarly, the government is reportedly going to introduce ‘Broadcasting Authority Ordinance’ to curtail the functioning of FM radios soon. According to the journalists, the Ordinance is against the right to press freedom guaranteed by the Constitution of the Kingdom of Nepal, 1990 and it will make FM stations impossible to run with the hike in license fees and thereby stopping their operation.9 FREEDOM FROM FEAR The government security forces have raided the residences of Madhav Kumar Nepal, General Secretary of CPN (UML) and Dr. Arjun Karki, President of NGO Federation-Nepal on January 19, 2006. Moreover the security forces have conducted search in the offices of trade union organizations The trade unions have reported that the government security forces unlawfully conducted search in the GEFONT (General Federation of Nepalese Trade Unions) and NTUC (Nepal Trade Union Congress) offices in Kathmandu on the same day. Threat to human rights defenders and political activists has been alarmed by the government security forces following the warning of Nepal’s Home Minister for strong action against the agitating political parties. Minister Kamal Thapa, on January 18, 2006 warned that the government could take strong action against the seven-party alliance if the latter supported Maoist violence. Minister Thapa said that the government will be forced to take strong legal steps against the seven parties if they back Maoist violence. Cautioning the political parties not to help create such a situation, Thapa said that the parties may find themselves facing an unpleasant situation.10 There was an understanding between the seven political parties alliance and the Maoists on November 22, 2005. 8 9 www.inseconline.org, January 18, 2006 www.nepalnews.com, January 19, 2006 10 www.ekantipur.com, January 19, 2006 5 The government has been interpreting that the understanding between the parties and the Maoists virtually serves the Maoist violence. But both – the parties and the Maoists – have been denying this allegation through their public documents. NEPAL GOVERNMENT’S RESPONSE Amidst the increased concern over the crack-down in Nepal, Mr. Kamal Thapa, Home Minister of the country claimed that the leaders of the political parties were arrested to prevent violence that could erupt while defying ban orders in the prohibited area. In a press meet at the Home Ministry on January 20, 2006, Thapa said the government was forced to take the recent steps to avoid the possible danger about the Maoist infiltration in the seven-party alliance's demonstration on January 20, 2006. The minister, however, said that the present situation wouldn't last for a longtime. But he did not make clear when the leaders would be released.11 CONCERNS RAISED BY UN, GOVERNMENTS, NATIONAL HUMAN RIGHTS COMMISSION, NEPALI POLITICAL PARTIES, NGOS AND TRADE UNIONS UN Secretary-General: The Secretary-General has expressed his dismay by the latest developments in Nepal where, on the eve of a major demonstration planned for tomorrow in Kathmandu, the Government has arrested a large number of political party leaders and other critics. The Secretary-General has also appealed to all sides ‘for calm, the suspension of fighting and the urgent initiation of an inclusive national dialogue.’12 OHCHR – Nepal: OHCHR-Nepal has confirmed the arrests during the early morning of 19 January of over 100 persons under Nepal’s Public Security Act (PSA) and said the human rights concerns raised by the severe restriction on the right to freedom of assembly are compounded by the mass arrests under powers of preventive detention, in apparent violation of the right to freedom from arbitrary arrest.13 Expressing concern over the imposition of ban on public assemblies, the Office of the High Commissioner for Human Rights in Nepal sought government clarification on January 17, 2006. OHCHR-Nepal regretted that ‘the sweeping restrictions now imposed to ban all assemblies, processions and sit-ins in most of Kathmandu and Lalitpur represent an extreme limitation on the right to freedom of peaceful assembly, which the High Commissioner for Human Rights has called on the authorities to respect.’14 National Human Rights Commission of Nepal (NHRC): The National Human Rights Commission on January 18, 2006 has said the restriction imposed by His Majesty's Government on assemblies, processions and sit-ins in the major areas in Kathmandu and Lalitpur for an indefinite period has restricted the right to freedom of peaceful assembly guaranteed by the Constitution of Kingdom of Nepal and the International Convention on Civil and Political Rights to which Nepal is a party.15 Similarly the NHRC in a press statement16 on January 19, 11 12 13 14 www.ekantipur.com, January 20, 2006 See Appendix 3A See Appendix 3B Press Release, OHCHR Nepal, January 17, 2006 15 Press Release, www.nhrc-nepal.com, January 18, 2006 6 2006 said that the government security forces have arrested at least 73 persons, including political leaders and human rights activists from the Kathmandu valley on January 18 and 19, 2006. European Union (EU): A brief statement issued by the Finnish embassy on Thursday (19th Jan.) has said, “The EU Heads of Mission in Kathmandu are extremely concerned about the recent developments in Nepal, in particular about the arrests of democratic party leaders, members of civil society and human rights activists.”17 United Kingdom: The British Foreign Minister has said that the “The UK is extremely concerned by the King’s actions, and we can see no grounds for these anti-democratic measures. I call on the King urgently to release those arrested, and to find ways to resume dialogue with the political parties.”18 United States of America: The US Embassy in Kathmandu has alerted American citizens regarding the curfew in the city of Kathmandu and outside the valley. The alert has come through warden’s notice on January 18, 2006.19 Japan: Japan, in a statement issued by the Foreign Ministry of Japan on January 19, 2006 said it gravely concerned over the arrests of persons concerned with political parties in Nepal, and has strongly urged that the government release political leaders and restore the freedom guaranteed by the constitution promptly.20 India: In response to a question on developments in Nepal the Official Spokesperson said the actions of Nepal government are regrettable and a matter of grave concern to all those who wish to see the constitutional forces in Nepal working together to achieve peace and stability in the country.21 Asian Human Rights Commission (AHRC): The AHRC has called for all the persons arrested for “infringements” of the disproportionate curfew and anti-constitutional ban on demonstrations to be immediately released, for these draconian measures to be repealed. AHRC has said that the “targeting of human rights defenders is a particularly worrying development” and that authorities have attempted to thwart the demonstrations by arresting key leaders.22 16 17 http://www.nhrcnepal.org/press_release.php www.nepalnews.com, January 19, 2006 18 http://www.britishembassy.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1067968465617&a=K Article&aid=1136906017567 19 Important Security Information for American Citizens in Nepal,’ US Embassy in Kathmandu, http://kathmandu.usembassy.gov/sec_01-18-2007.html, January 18, 2006 20 21 See Appendix 3E See Appendix 3F 22 http://www.ahrchk.net/statements/mainfile.php/2006statements/413/ 7 Nepali Human Rights Organizations: National coalition of human rights defenders, Defend Human Rights Movement-Nepal (DHRM-N) in a press statement on January 17, 2006 condemned23 the prohibition of mass assembly, rallies and sit-in programs inside the Ring Road area in Kathmandu. The coalition has denounced the arrest of leaders and cadres of political parties on January 17 and strongly demanded their immediate release. In an another statement on January 19, 2006, DHRM-N said that the suppressive actions of the government indicate the regime's authoritarian character and its intention to institutionalize autocracy by infringing on the ordinary people's right to participate in the ongoing movement to establish democracy and other universally accepted democratic rights.24 Similarly, Informal Sector Service Centre (INSEC), in a statement on January 17, 2006, condemned the government for imposing curfew in various parts of the country and banning on mass gatherings, and arresting political cadres affiliated to seven-party alliance from Kathmandu on January 17. INSEC demanded immediate withdrawal of the curfew and ban, and release of all the arrested political activists.25 Federation of Nepalese Journalists: The Federation of Nepalese Journalists has urged all the concerned parties to defy the unconstitutional orders of the government and continue their movement for democracy.26 Nepali Political Parties: The Nepali Congress (NC) and the CPN (UML) issues separate press statements on January 19, 2006 said that by imposing ban on public gatherings and arresting the leaders and activists was trying to augment the authoritarian rule. Earlier, a meeting of the seven political party’s alliance at Nepali Congress President Girija Prasad Koirala on January 17, 2006 evening, decided to hold their scheduled protest programme on January 20 "at any cost."27 Communist Party of Nepal (Maoist): Chairman of the Communist Party of Nepal (Maoist), Prachanda alias Pushpa Kamal Dahal, in a press statement on January 18, 2006 said that his party will not resort to the use of force, infiltration or any other provocative activities in the peaceful programmes of the political parties. This statement came out two days after the government imposed a ban on peaceful protest demonstrations of the seven political parties saying “Maoist could infiltrate such programmes and trigger violence.” “Our party would again like to make it clear that there will be nothing like the use of force, infiltration or any other provocative activities from our side in the January 20 peaceful protest demonstration of the seven political parties,' Prachanda said in the statement.28 23 Press Release, DHRM-N, January 17, 2006 24 25 See Appendix 3H www.inseconline.org, January 17, 2006 26 www.nepalnews.com, January 19, 2006 27 www.ekantipur.com, January 18, 2006 28 www.ekantipur.com, January 18, 2006 8 Trade Union Organizations29 Three major trade union organization of Nepal – GEFONT, NTUC and DECONT in a joint statement on January 19, 2006 condemned the arrest of trade union leaders GEFONT Chair Mukunda Neupane and the secretary General Binod Shrestha by the government. The trade unions have reported that the government security forces unlawfully conducted search in the GEFONT headquarters and continued surveillance. They cut-down the telephone line. Similar surveillance is continued in the office of NTUC with an ill-intention of arresting trade union leaders and activists. RECOMMENDATIONS FORUM-ASIA strongly urges the government of Nepal to: - immediately release all the detained human rights defenders, trade unionists and political activists, and stop arbitrary arrests; - repeal those restrictions orders against peaceful assembly and movement imposed in the capital city, and restore all the telephones including mobile phone services - withdraw the curfew in the Kathmandu valley and other districts; and guarantee the right to freedom from fear; - stop harassing human rights defenders, trade unionists and political activists; and - lift all measures, including the Terrorist and Disruptive Activities (Control and Punishment) Ordinance, 2005 that enlarges excessive misuse of power by the government security agencies. FORUM-ASIA also requests the UN Commission on Human Rights to: - look into the situation in Nepal and take necessary actions including urgent monitoring and follow-ups by the OHCHR Field Office in Nepal, including in the cases of arbitrary detention; and - urge the government of Nepal to immediately restore the rights of people, including the right to peaceful assembly and association, freedom from arbitrary arrest and detention, freedom of expression and opinion, freedom from fear and right to movement. 29 See Appendix 3I 9 APPENDICES Appendix 1: List of political activists arrested in Kathmandu Valley from evening January 18 till afternoon January 19, 2006 Political party: Nepali Congress [total arrested- 33] Girija Prasad Koirala (house arrest), Ram Chandra Poudel, Dr. Ram Saran Mahat, Shekhar Koirala, Sujata Koirala, Laxman Ghimire, Lekhnath Neupane, Dr. Sashanka Koirala, Yuba Raj Singh, Omkar Shrestha, Chandra Maharjan, Kiran Neupane, Chakra Prasad Banstola, Bal Dev Majgainya, Meena Pandey, Mahendra Shrestha, Kundan Raj Kafley, Ganesh Bhatta, Tika Gurung, Bhim Shiris, Laxman Acharya, Jagat Raj Shakya, Gagan Thapa, Khum Bahadur Khadka, Binay Dhoj Chand, Mahesh Acharya, Hari Acharya, Prakash Rawal, Radheshyam Jhochhen, Rajendra Rajthala, Prem Krishna Maharjan, Gokul Khadka and Damodar Dhimire Political party: Communist Party of Nepal (United Marxist-Leninist) [total arrested- 44] Madhav Kumar Nepal (house arrest), KP Sharma Oli, Bharat Mohan Adhikari, Pradeep Nepal, Keshav Badal, Bhim Rawal, Subhas Nembang, Pradeep Gyawali, Krishna Gopal Shrestha, Astha Laxmi Shakya, Ram Kumari Jhankri, Madhav Poudel, Ishwar Pokharel, Mukunda Neupane, Shiddhi Lal Singh, Vidhya Bhandari, Yuba Raj Karki, Om Thapaliya, Yogendra Sangraula, Krishna Lal Maharjan, Raghuji Pant, Gokarna Bista, Mittha Ram Sharma, Binod Shrestha, Mahendra Pandey, Rajendra Shrestha, Trilochan Dhakal, Bidhya Sundar Shakya, Rajendra Khanal, Om Rajbahak, Bidur Mainali, Shyam Basnet, Dwarika Kafle, Bijay Rai, Prakash Neupane, Surendra Basnet, Raj Kumar Rai, RC Lamichhane, Dipesh Gautam, Govinda Gautam, Navina Lama, Ishwor Timilsena, Bimal Pun and Kaladhar Bhandari. Political party: Nepali Congress (Democratic) [total arrested- 7] Gopal Man Shrestha, Bimalendra Nidhi, Pradip Giri, Dr. Prakash Sharan Mahat, Bal Krishna Khand, NP Saud and Umakanta Chaudhari Political party: People's Front Nepal [total arrested- 9] Lilamani Pokharel, Pari Thapa, Krishna Lal Shrestha, Shree Govinda Maharjan, Bipendra Shrestha, Rom Lal Maharjan, Dip Ram Maharjan, Hari Maharjan and Tulsi Maharjan Political party: Nepal Workers and Peasants' Party [total arrested- 4] Narayan Man Bijukchhe (house arrest), Prem Suwal, Buddhi Kumar Gosain and Sunil Prajapati 10 Appendix 2: List of political activists arrested on January 17, 2006 Nepali Congress leaders Narahari Acharya, Tirtha Ram Dangol, and political activists Shambhu Adhikari, Niranjan Sapkota, Badri Acharya, and NC-D member N P Saud were among the arrested. Similarly, UML youth leaders Yogesh Bhattarai, Rup Narayan Shrestha, and Rameshwor Phuyal, and activists Gajendra Manandhar, Ramesh KC, Raghunath Timilsena and Punya Chaulagain and student leaders Prem Prasad Guragain and Devi Thapaliya were arrested from different parts of Kathmandu on January 17, 2006. However, Deepak Acharya, who was also one among the arrested, has been released on the following day. Acharya, Saud and six others were arrested from Narayangopal Chowk when they were carrying out a door-to-door awareness campaign against the upcoming municipal polls while others were arrested from a motorcycle rally organised at Naya Baneshwor for publicity of a mass gathering of the seven parties on January 20, 2006. However, the government authorities said that they were arrested while carrying out public gathering and rallies in the government banned areas in Kathmandu.30 Appendix 3: Press Statements A. UN Secretary-General31 Secretary-General SG/SM/10309 Department of Public Information • News and Media Division • New York SECRETARY-GENERAL DISMAYED BY ARREST OF NEPAL POLITICAL PARTY LEADERS ON EVE OF MAJOR DEMONSTRATION The following statement was issued today by the Spokesman for UN Secretary-General Kofi Annan: The Secretary-General is dismayed by the latest developments in Nepal where, on the eve of a major demonstration planned for tomorrow in Kathmandu, the Government has arrested a large number of political party leaders and other critics. The Representative of the High Commissioner for Human Rights in Nepal, Ian Martin, has raised the matter with the Government. OHCHR-Nepal officers have visited 97 of the more than 120 persons reported to be in detention. The Secretary-General had repeatedly called for urgent dialogue in order to avoid confrontation, and for a bilateral ceasefire between the Government and the Communist Party of Nepal-Maoist. This appeal was not heeded, and the four-month unilateral ceasefire declared by the Maoists came to an end. The Secretary-General once again appeals to all sides for calm, the suspension of fighting and the urgent initiation of an inclusive national dialogue. 30 www.nepalnews.com, January 18, 2006 31 http://www.un.org/News/Press/docs/2006/sgsm10309.doc.htm , January 19, 2006 11 B. United Nations Office of the High Commissioner for Human Rights in Nepal32 PRESS RELEASE – 19 January 2006 TODAY’S ARRESTS IN KATHMANDU OHCHR-Nepal has confirmed the arrests during the early morning of 19 January of over 100 persons under Nepal’s Public Security Act (PSA). Those arrested are political party leaders and activists, including students, and leaders of the civil society Citizens’ Movement for Peace and Democracy. Security forces personnel have also visited the homes of a number of prominent human rights defenders. The arrests follow the 16 January imposition of a ban on all assemblies, processions and sit-ins in most of Kathmandu and Lalitpur, ahead of a major demonstration called by the alliance of seven political parties for 20 January and other planned protest actions. Fifteen other persons have reportedly been served with three month detention orders under the PSA, following their arrest during activities in Kathmandu on 17 January which were regarded as violating the ban. The Public Security Act permits detention without trial, initially for up to 90 days, to prevent persons from committing actions that “undermine the sovereignty, integrity or public tranquility and order of the Kingdom.” The OHCHR Representative met today with Home Minister Kamal Thapa, who stated that the ban was made necessary by information received by the authorities that the 20 January demonstration would be used by the CPN (Maoist) as an opportunity to incite or commit violence. The Minister undertook that OHCHR-Nepal would be provided with the full list of those arrested and their places of detention, and would have access to them as guaranteed by the Agreement between the Government and the High Commissioner for Human Rights, as would their families. During the day OHCHR-Nepal human rights officers have visited 97 of those arrested, in three places of detention: Maharajgunj Police Training Academy, Maharajgunj Police Battalion Camp Number 2, and Ghuheswari Armed Police Force camp in Bhaktapur. While recognising the serious security situation affecting Kathmandu in the light of Maoist attacks in the Kathmandu Valley on 14 January, OHCHR-Nepal regrets that the complete ban on demonstrations represents an extreme limitation on the right to freedom of peaceful assembly. The human rights concerns raised by the severe restriction on the right to freedom of assembly are compounded by the mass arrests under powers of preventive detention, in apparent violation of the right to freedom from arbitrary arrest. Suspicions of Maoist violence in the context of public demonstrations cannot be used as a justification for the arrest of the demonstrations’ organisers, many of whom have repeatedly spoken out against the use of violence. 32 via mail, January 20, 2006 12 C. United States of America33 Press Statement Sean McCormack, Spokesman Washington, DC January 19, 2006 Nepal: Arrests of Opposition Leaders The United States condemns the decision by the King of Nepal to detain political party leaders and civil society activists in advance of political demonstrations scheduled for January 20. These arrests and harassment of peaceful democratic forces is a violation of their civil and political rights. The United States calls on the King to release these activists. Dialogue between the King and the parties and a return to democracy are the only effective ways to address the Maoist insurgency in Nepal. D. United Kingdom34 FOREIGN OFFICE MINISTER CONDEMNS POLITICAL ARRESTS IN NEPAL (19/01/06) Responding to the arrest of political leaders and activists in Nepal on 19 January, in advance of their planned demonstrations on 20 January, Dr Howells, MP, said: 'The UK is extremely concerned by the King’s actions, and we can see no grounds for these antidemocratic measures. I call on the King urgently to release those arrested, and to find ways to resume dialogue with the political parties. Only by reaching out to the political parties to develop a common agenda will there be any prospect of a meaningful exercise in democracy. 'We will be making our profound concerns known to the Government of Nepal at the highest level.' E. Japan Government35 Statement by the Press Secretary/Director-General for Press and Public Relations, Ministry of Foreign Affairs, on the Arrest of Persons concerned with Political Parties in the Kingdom of Nepal January 19, 2006 1. Japan is gravely concerned over the arrest of persons concerned with political parties in the Kingdom of Nepal, and strongly urges that these political leaders be released and that the freedom guaranteed by the constitution restored promptly. 33 34 http://www.state.gov/r/pa/prs/ps/2006/59430.htm , January 19, 2006 http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1007029391629&a= KArticle&aid=1136906017567 , January 19, 2006 35 ‘Press Secretary's Statement on Arrest of Persons concerned with Political Parties in Nepal,’ http://www.mofa.go.jp/ , January 20, 2006 13 2. What Nepal now needs is for the Government, political parties and citizens to pursue peace through unity, and Japan hopes that the Government and political parties will reach out to one another to this end. Japan also urges the Maoists to achieve peace through dialogue. F. India36 In response to a question on developments in Nepal the Official Spokesperson said: We are receiving reports from Nepal about the arrest of leaders of political parties as well as human rights and civil society activists. We are also aware of the latest measures announced by His Majesty’s Government of Nepal curbing political activity in Kathmandu and other cities. These actions of His Majesty’s Government of Nepal are regrettable and a matter of grave concern to all those who wish to see the constitutional forces in Nepal working together to achieve peace and stability in the country. New Delhi G. NHRC-Nepal37 Date: 2006-01-19 Monitoring by Commission Members with Officer to leaders of Political Parties, 19 January 2006 A team of the National Human Rights Commission (NHRC) including Commissioner Sudip Pathak and officers of the Commission met with leaders of different political parties at their respective residences today at 0730hrs and gathered information on the human rights situation. In this connection, the team met with former Prime Minister and Chairman of Nepali Congress Girija Prasad Koirala, General Secretary of the CPN (UML) Madhav Kumar Nepal, Chairman of the National Democratic Party Pashupati Samsher J.B. Rana and Chairman of the National Janashakti Party Surya Bahadur Thapa and enquired about the party leaders condition and the status of their party cadres that have been detained. In the same context, four different teams of the Commission have been monitoring the human rights situation since early morning by visiting the party offices of the various political parties and places where political party cadres have been detained and have been gathering information about the condition of the detainees and the detention centers. The Commission is preparing a list of persons arrested so far. Dhruba Nepal Officiating Secretary 36 ‘In response to a question on developments in Nepal,’ http://meaindia.nic.in/pressbriefing/2006/01/19pb01.htm , January 19, 2006 37 http://www.nhrcnepal.org/press_release.php 14 H. Defend Human Rights Movement-Nepal38 Alarming Human Rights Situation in Nepal: Curfew Imposed, Prohibitive Orders Issued and Political Parties Leaders and Cadres, Civil Society Leaders and Human Rights Defenders Arrested January 19, 2006 (10.47pm), Kathmandu The situation of human rights is further deteriorating in Nepal, while the regime has imposed an unnecessary curfew and issued prohibitive orders against holding mass assemblies, rallies and sit-in programs in Kathmandu and Lalitpur Districts. The curfew was first imposed in the abovementioned districts on January 17, 2006 that started at 10.00pm and ended at 4.00am, which has been extended by one-hour every day. On 19 January 2006, the curfew was further extended to the daytime of January 20 starting from 8.00am to 6.00pm. Similar curfew and prohibitive orders are imposed throughout the country in the name of maintaining security in the country, but without sufficient or factual justification. On the morning of 19 January, the regime shut down the telephone services, including cell phones operated by Nepal Telecom and Mero Mobile, and privately operated United Telecom. The regime has also carried out the arrest of nearly 100 leaders and cadres of political parties, including civil society leaders and human rights defenders using the Armed Police Forces (APF) and plainclothed security forces. They are reportedly detained in Nepal Police Academy in Maharajgunj, No 2 Gana of APF in Maharajgunj, APF Headquarter in Halchowk, and APF Guheswari Gana in Duwakot, Bhaktapur. The regime has also carried out the search of houses of political party leaders and civil society leaders, including the General Secretary of Communist Party of Nepal (UML) Madhav Kumar Nepal. The curfew and prohibitive orders were issued solely aimed at disrupting the planned peaceful protest organized by the seven political parties on January 20, 2006 in Kathmandu that called for ordinary people to join the ongoing movement for the establishment of democracy and the end of Nepal's autocratic regime. These suppressive actions indicate the regime's authoritarian character and its intention to institutionalize autocracy by infringing on the ordinary people's right to participate in the ongoing movement to establish democracy and other universally accepted democratic rights. The imposition of the curfew and issuance of prohibitive orders by the regime violates the right to freedom of peaceful assembly ensured by the Universal Declaration of Human Rights- 1948 and the Covenant of Civil and Political Rights- 1966, to which Nepal is a state party. These actions by the regime directly curtail the fundamental human rights of the people. Shobhakar Budhathoki Steering Committee Member Defend Human Rights Movement- Nepal 38 Via mail, January 20, 2006 15 I. Trade Union Organizations39 New wave of Extreme Suppression in Nepal begins: GEFONT Chairman and Secretary General Arrested Jan 19, 13:00 Hours: GEFONT along with other recognised trade union centres- NTUC and DECONT has condemned arrest of trade union leaders including GEFONT Chair Mukunda Neupane and the secretary General Binod Shrestha by the Royal Regime. Issuing a collective press note the recognised trade union centres said- " In order to legalise the autocracy through municipality election ploy Royal Regime has created further anarchy in the name of law and order and started arrest and forceful intervention in public life." The press note states- "Early in the morning today GEFONT chair Mukunda Neupane and Secretary General Binod Shrestha has been arrested from their respective residence and handed over detention order of 90 days." "The regime unlawfully conducted search in the GEFONT HQ and continued surveillance. They cut-down the telephone line. Similar surveillance is continued in the office of NTUC with an illintention of arresting trade union leaders and activists." "We on behalf of GEONT, NTUC and DECONT condemned autocratic acts of Royal regime and demand for immediate release of GEFONT Chair and Secretary General including all arrested leaders & activists." The note concludes with a warning to the regime not to intervene on the trade union rights delegated by laws & constitution of the country. It is to be noted that the trade union centres are holding a joint meet-the-press at 14: 00 hours today. 39 News updata, http://www.gefont.org/ , January 19, 2006 16