Nepal's letter to UNSC on Karin's briefing about Nepal peace process

The Permanent mission of Nepal would like to state that the parts of the statement made by Ms Karin Landgren, Representative of the Secretary-General for UNMIN, in the 6465th meeting of the Security Council on UNMIN held on 05 January 2010 is highly objectionable and is based on malicious rumors and pure conjecture. There is no basis for such an analysis. The Government of Nepal, therefore, completely refutes such analysis and comments.

The indication of a possible failure of the peace process, President’s rule and army backed coup are not only unthinkable but also wild comments. They do not represent an iota of possibility in Nepal. All these institutions are committed to the Interim Constitution of Nepal which they have also expressed repeatedly in appropriate fora.

Similarly, the Government of Nepal expresses clearly that there will be no purported legal void following the withdrawal of UNMIN from Nepal. The Special Committee, which represents all the stakeholders, is formed on the basis of the provision of the Interim Constitution of Nepal and therefore has a full responsibility to take over all the tasks from UNMIN in a seamless manner.

The Ambassador/Permanent Representative of Nepal to the United Nations H.E. Mr. Gyan Chandra Acharya made a statement in the Security Council yesterday refuting the analysis of Karen Landgren for possible failure of the peace process or the uncertainties in Nepal following the withdrawal of UNMIN.

While speaking before the Security Council Ambassador Acharya said that the Special Committee will supervise arms and Maoist army combatants as per the guidelines laid out in the Directives for Supervision, Control, Direction and Code of Conduct for the Maoist Army Combatants which was adopted unanimously on 17 September 2010. The committee is working hard to finalize the necessary preparation for a smooth takeover of all the responsibilities. The Special Committee itself would be a place to settle disputes and any other issues that may come up in the course of the peace process onwards.

Ambassador Acharya stated that the Government of Nepal has already sent a letter to UNMIN and through it to the United Nations on the issues related to the monitoring of Maoist army combatants and arms, on Nepal army, on Agreement on Management of Arms and Armies (AMMA) and Dispute Resolution Mechanism and on the request for the transfer of the updated records of arms and Maoist army combatants, all the materials, equipment and logistics used by UNMIN for monitoring tasks.

Nepal’s peace process would reach its culmination following the reintegration and rehabilitation of combatants and promulgation of new constitution, Ambassador Acharya stressed. Further, Ambassador Acharya highlighted that High-Level Committee comprising top leaders from major political parties has succeeded in ironing out many of the differences in the thematic reports of the Constituent Assembly. There are a number of issues that need to be settled in the months ahead by the parties at the Constituent Assembly. If it is taking more time, it is only because of the historic task of transformation that the new constitution will usher in the political, social and economic spheres in the days ahead, he said.

Ambassador Acharya stressed that political parties in Nepal would muster a higher level of maturity and understanding and move toward the logical conclusion of the peace process as they have exhibited necessary courage, maturity and flexibility in times of need in the past. He emphasized that Nepal is committed to the path of peace, stability and development and shall remain fully engaged with the international community in the days ahead to ensure a better and prosperous future for all the Nepali people within a more peaceful and secure world.

Ambassador Acharya has further written to the members of the Security Council expressing strong objections to the parts of the statement made by Ms. Karin Landgren, Representative of the Secretary-General as baseless conjecture.

Permanent Mission of Nepal to the United Nations, New York, 06 January 2011


NHRC may be downgraded to status B -- Nepal, Human Rights




Chances are the international accreditation of the National Human Rights Commission (NHRC) may be downgraded for “failing” to meet standards set for national human rights institutions (NHRIs) of UN member states.


The International Coordination Committee (ICC) of NHRIs warned NHRC in March it would be downgraded to B from status A for failure to address major weaknesses, including financial autonomy. A denotes full compliance with the Paris Principles adopted by the UN General Assembly. B denotes noncompliance.


NHRC said the ICC action follows OHCHR Nepal’s biased report about it, a claim OHCHR refutes. “OHCHR Nepal gave biased information about us to ICC portraying us as nonfunctional for getting its own term extension,” said an NHRC member. “We have explained to ICC we are wrongly depicted. We are confident we won’t be downgraded.”

In March, ICC’s Sub-committee on Accreditation had warned NHRC over four main weaknesses: non-transparency in board members’ appointment, the board’s non-inclusive nature, lack of independent status in its new draft legislation, and incapability of partnership with civil society.


NHRC officials trashed all charges. “Members’ appointment is transparent, which includes a parliamentary hearing. Ours is a five-member board, and there is little chance of making it more inclusive,” said NHRC Spokesman Gauri Pradhan. “Also, NHRC is very much capable of partnership with civil society.” Pradhan said the charges, such as on autonomy, are comments on the draft NHRC bill pending with the House. “An organisation can’t be judged according to a law that is yet to be enacted,” he said. The new bill does not recognise NHRC as “independent and autonomous”. It proposes NHRC’s recommendations be not binding on government bodies and that it should not accept foreign funding without government consent.


Officials in the know of accreditation say that the internal war among members has enervated NHRC’s defence and it might be downgraded. OHCHR, a key force influencing ICC decisions, has reported that NHRC has not improved. “We urged the government to implement ICC’s recommendations, including those on the adoption of legislation in full compliance with the Paris Principles,” reads the OHCHR report to the Universal Periodic Review where Nepal will be reviewed on Jan 25. Nowhere does it mention that NHRC has implemented the recommendations.


Anthony Cardon, Officer-in-Charge of OHCHR-Nepal said ICC’s decision is mainly based on the draft NHRC bill, which, according to ICC, is not fully compliant with the Paris Principles. “OHCHR considers the draft legislation inadequate and has said so to NHRC. OHCHR will keep advocating a draft legislation in line with the Paris Principles for a strong and independent NHRC,” said Cardon.



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