Nepal fails to improve human rights record: UN Human Rights Council

 Five years on from Nepal’s last Universal Periodic Review (UPR) and more than 14 years after the end of the country’s decade-long armed conflict, victims continue to wait for truth, justice and reparations, Amnesty International Nepal (AI Nepal) said, as the country’s human rights record was reviewed last week at the UN Human Rights Council.

During the second review in 2015 and the third review in 2021, Nepal claimed there was significant progress on transitional justice. However, there have been no noteworthy efforts to provide truth, justice and reparation to the victims of the conflict whose concerns remain grossly neglected, according to a press note issued by the AI Nepal.

“Nepal has made numerous commitments at international forums but has achieved little in terms of real delivery,” director at AI Nepal Nirajan Thapaliya said, adding, “Since the second review in 2015, there has been no significant progress on transitional justice while there is clear regression on some fundamental human rights issues.”

Successive governments have failed to amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act 2014 as ordered by the Supreme Court in 2014 and 2015, to bring them in line with international standards, the press note reads.

During the review last week, in addition to the unresolved issue of transitional justice, member states also questioned Nepal on many other human rights concerns such as the encroachment on the freedom of expression, association and peaceful assembly, the compromise of the independence and effectiveness of the National Human Rights Commission (NHRC), discriminatory citizenship provisions, violence and discrimination against Dalits, discrimination against LGBTI individuals, violence against women, the abuse and exploitation of the migrant workers, exclusion and marginalisation of the indigenous peoples, and the widespread practice of torture.

“Nepal must address the human rights concerns raised during the review and make necessary changes to laws, polices and practice,” Thapaliya said, adding that the authorities must repeal the regressive provisions in a series of proposed laws that will likely compromise already guaranteed human rights.

Various forms of freedoms remain under threat in recent years as the government has proposed a series of laws to restrict the right to freedom of expression and to detain individuals critical of the government, the press note reads, adding that journalists have been detained simply for doing their jobs and singers have been imprisoned solely for the content of their songs. “Many individuals have been detained for peacefully expressing their opinions online or criticizing the authorities.”

A series of draft laws including the Media Council Bill, the Mass Communication Bill, the Information Technology Bill, and Nepal Special Service Bill proposed by the government in the past two years contain provisions that threaten to severely restrict freedom of expression and right to privacy, it adds.

In its second review in 2015, Nepal accepted recommendations to address and eliminate caste-based discrimination. Despite enacting legislation to outlaw caste-based discrimination, violence and discrimination against Dalit people are widespread. Despite Nepal’s commitment to address torture and other ill-treatment, torture is widespread and the law is inadequate.  

Existing laws with some protection measures such as the laws on migrant workers’ rights, rights of the Dalits, women’s rights, and provisions relating to torture in the Penal Code have also been poorly implemented, the AI Nepal said.

During the 2015 review, Nepal had committed to ensure the effective functioning of the NHRC in accordance with the Paris Principles, in particular by providing the Commission with adequate levels of funding and guaranteeing its independence and financial autonomy. However, there has been little action on the commission’s recommendations for prosecution of cases related to crimes under international law and human rights violations. On the contrary, in April 2019, the government proposed amendments to the National Human Rights Commission Act 2012 with measures that would undermine the independence and autonomy of the NHRC and limit its jurisdiction. 

The third Universal Periodic Review (UPR) cycle of Nepal was reviewed at the Human Rights Council in Geneva on January 21, as foreign minister Pradeep Kumar Gyawali, led the virtual delegation from Nepal.

Amnesty International submitted list of recommendations on the status of human rights in Nepal prior to the UPR State Review, the rights body said.

Amnesty International Nepal launches Write for Rights 2019 campaign

Amnesty International Nepal (AI Nepal) today launched the Write for Rights 2019 campaign, Amnesty's annual letter-writing campaign, whereby supporters worldwide write letters for people whose rights are under threat or are being violated.
This year Amnesty International is throwing its might behind the children and young people who are fighting some of the world's biggest crises. Many have stepped in where adults have failed to lead and are facing terrible danger as a result.
Write for Rights 2019 will see Amnesty supporters stand in solidarity with young individuals from Belarus, Canada, China, Egypt, Greece, Iran, Mexico, Nigeria, Philippines and South Sudan.
Among others, Amnesty International Nepal is campaigning for Yasaman Aryani, a young Iranian activist, who was sentenced to 16 years in prison for defying the country's forced veiling laws; Sarah Mardini and Sean Binder, two humanitarian workers, who were charged with 'people smuggling' by Greek authorities for participating in a rescue operation of refugees and are now facing up to 25 years in prison, and 17-year-old Magai Matiop Ngong of South Sudan, who was sentenced to death in November 2017 while still a child, in contravention of both South Sudanese law and international law.
Additionally, as part of its ‘Violence against Women’ campaign, Amnesty Nepal supporters will also collect petitions demanding the government implement the 2017 Supreme Court order on regulating sale of acid. The petitions will be delivered to home minister Ram Bahadur Thapa.
"Incidents of acid attacks, which mainly target young girls, have been on the rise in the country,” executive director of Amnesty International Nepal Nirajan Thapaliya said, adding that it's time for the government to take this issue seriously and regulating the sale and distribution of acids, which are currently easily available in the market can be a good first step.
The Write for Rights campaign this year will run from November 28 to December 20.
Every year, Amnesty International runs Write for Rights, a campaign that encourages supporters around the world to write messages of solidarity to people whose rights have been violated just because they dared to stand up against injustice. Supporters are also invited to write letters to the authorities on behalf of these courageous individuals.
Amnesty International's first Write for Rights campaign was launched in 2002. Since then, millions of actions have been taken by activists around the world. Every year, these actions lead to real change. In March, two ex-police officers were arrested for the killing of Brazilian politician and activist Marielle Franco who was gunned down in her car in 2018.  More than half a million people had written letters demanding justice for Franco as part of Amnesty's Write for Rights campaign.

Migrant workers are exploited: AI report

Nepal has been accused for failing to address rampant deception and extortion in the labour recruitment business, putting migrant workers at risk of forced labour abroad and leaving them with crippling debts.
"Unscrupulous recruiters are getting away with destroying lives – all over Nepal – illegally charging aspiring job-seekers exorbitant fees to get jobs abroad, and then abandoning them overseas when things go wrong," deputy director of Amnesty International's (AI) Global Issues programme James Lynch said, speaking at the launch of a new report 'Turning People into Profits: Abusive Recruitment, Trafficking and Forced Labour of Nepali Migrant Workers,' in Kathmandu today.
He also added that it is only when they leave Nepal that migrant workers find out that they have been deceived about everything from salary to working conditions. "By then it is far too late and many end up with debts that may take the rest of their working lives to pay off."
"Migrant workers contribute equal to a third of Nepal's GDP in money they send back home, yet the government spends a tiny fraction of its budget on their needs," he added.
The government has taken some positive steps including 'Free Visa, Free Ticket' policy from July 2015, towards tackling abuse suffered by workers.
It was supposed to limit the amount that recruitment agents and agencies can charge workers, by requiring foreign employers to pay for airline tickets and visa processing costs, and lowering what recruitment agencies can charge workers in service fees to Rs 10,000 ($96).
"Despite some bright ideas lack of political will combined with bureaucratic inertia means businesses are still effectively free to exploit migrants," Lynch said, "It is abundantly clear the Free Visa, Free Ticket policy is not being implemented or enforced properly."