The report documents and analyzes the major categories of conflict-related violations of human rights law and international humanitarian laws that took place from February 1996 to November 21, 2006. [break]
"The Report aims to assist the government of Nepal, the future transitional justice commissions, the National Human Rights Commission and civil society to advance transitional justice, combat impunity and enable the conflict´s many victims to obtain justice," said Hanny Megally, who heads the Asia Pacific, Middle East and North Africa Branch at the OHCHR, in a video conference from Geneva.
The release of the report that implicates to some 9,000 individuals or groups comes in the wake of government registering strong reservations arguing that the move could seriously jeopardize the ongoing peace process. The government had been asking the OHCHR to put it on hold also arguing that the report prepared ´unilaterally´ and beyond the given mandate by the OHCHR was unacceptable.
On Monday morning, Deputy Prime Minister and Foreign Minister Narayankaji Shrestha held a meeting with envoys from various European Union (EU) countries and the UN Resident Humanitarian Coordinator Robert Piper to ask them to help stall the report. MoFA spokesman Arjun Bahadur Thapa confirmed the meeting, but denied divulging the details. "There has been an understanding to not publicize what transpired in the meeting," he said.
Divided in a total 11 chapters, the report provides an overview and objectives of the report in the first chapter. While the second chapter deals with the historical context of the Maoist conflict, the third chapter presents information on conflict-era institutional structure and chain of command relevant to the investigation of alleged violations or abuses. It chronicles separately the human rights violations perpetrated by then Royal Nepalese Army, Nepal Police, Armed Police Force and Communist Party of Nepal (Maoist) [present day UCPN (Maoist)] in the fourth chapter.
Likewise, the report deals with applicable international laws on the incidents of human rights violation, cases of unlawful killings, enforced disappearances, torture, arbitrary arrests, sexual violence and accountability, and the rights to an effective remedy in the succeeding chapters. The concluding chapter makes a range of recommendations addressed to all major stakeholders in the Nepali transitional justice process.
A high-level delegation of OHCHR was in Nepal 11 days ago to formally inform the government about their preparation to release the report, which was put on hold since 2010. The delegation also asked the government to provide suggestions, if any, to incorporate in the report.
Asked if the report was released to pressure Nepal against amnesty, Megally said the report does not oppose amnesty, but added cautiously that the perpetrators of the serious crimes that are similar to war crimes or crime against humanity need to be punished as per the international laws. "The cases documented, if used properly, could restore dignity and justice of the victims of the conflict," he said.
While stating that they are ready to help in transitional justice mechanism, the OHCHR maintained that the chronicle of the cases of human rights violations was a tool made available to Nepal. "We are ready to assist transitional justice mechanism in moving forward. This report is a continual of our help in transitional justice in Nepal," he further said.
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