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OHCHR questions Maoist, army's HR commitment

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KATHMANDU, Feb 19: UN High Commissioner for Human Rights Navanethem (Navi) Pillay has accused the UCPN (Maoist) and the Nepal Army (NA) of resisting attempts to hold their soldiers accountable for human rights violations committed during the decade-long Maoist conflict.



She has also charged the UCPN (Maoist) and the NA, which fought each other during the insurgency, for not cooperating with civilian authorities responsible for investigating the conflict-time abuses. [break]



"Both the Nepalese Army and UCPN (Maoist) continue to resist attempts to hold their personnel accountable for human rights violations and abuses and to withhold cooperation from civilian authorities responsible for investigating these cases," Pillay said in her report submitted to the 13th session of the Human Rights Council scheduled for March 1-26, in Geneva, Switzerland.



In her 15-page report on Nepal´s human rights situation, Pillay has also expressed her concern over Nepal´s failure to book even a single human rights violator to justice even after three years since the conflict ended. She said that the government has taken minimal steps to end impunity despite repeated commitment by authorities and court orders to move forward on investigations into several conflict-related cases.



The chief of the UN´s right body has urged the government to take concrete measures to live up to its commitment to ending impunity by implementing transitional justice mechanism, investigating the disappearances at Maharajgunj barracks and Bardiya documented by her officer and by prosecuting cases committed by members of the UCPN (Maoist) and the state security forces.



The report has accused the Nepal Army of not complying with the court orders, especially in the case of the murder of the 15-year-old Maina Sunar. The army has continued to reject public calls to hand over its Major Niranjan Basnet to police for investigation of the murder. She is equally concerned with the promotion of Toran Jung Bahadur Singh, who has been accused in connection with the disappearances in the Bhairabnath Battalion in 2003.



"Noting the position of the Nepalese Army in the Maina Sunar case, where it is failing to comply with the directions of the Kavre District Court, which is acting pursuant to a Supreme Court directive, OHCHR calls on the Government to ensure that the Army complies with the court orders," said Pillay.



In her report, Pially has also expressed her dissatisfaction over the Maoist leadership for failing to cooperate with criminal investigations into the involvement of its cadres in serious human rights abuses during and after the conflict, including the killing of 40 in the Madi bomb blast in 2005, killing of businessman Ram Hari Shrestha, Arjun Lama and journalist Birendra Sah.



"UCPN (Maoist) has also failed to make good on its public commitment to inform the families of victims abducted by its cadres in Bardiya district during the conflict about the fate of their loved ones," Pillay said.



In her report, the UN rights body chief has also noted that the special security plan has resulted into a rise of human rights violation concerns in the Tarai though the government claimed the plan has brought improvement in the law and order situation in the region.



kiran@myrepublica.com



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