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Several attempts have been made to highlight the latest humanitarian and human rights crisis of Nepal in the international fora and to save 26 million human lives who face fear, intimidation, humiliation, torture, rape, injuries, death and violence on a daily basis. All available information demonstrates that innocent civilians are the sole victims of the ongoing conflict and there are grave breaches of international human rights norms, rules and custom of international law of armed conflicts. Prevailing impunity and a lack of true commitment on both sides of the conflicting parties is encouraging further violation of human rights and international humanitarian law. So far, there is no reliable indication of peaceful settlement of the conflict through democratic means, and unfortunately, the situation is faced up with a stalemate without any explanation or clear hope for the people of Nepal. The uncertainty of the situation, prevailing fear, collapse of rule of law, breakdown of law and order machinery of the state, absence of state organs outside Kathmandu valley and suspension of basic services has pushed Nepalese to a human rights and humanitarian catastrophe where an immediate and a collaborative effort by the international community is the only solution. Hence, I argue, that to tackle the stalemate, immediately an opportunity should be given to the domestic political solution facilitated and supported by the international community and the United Nations? Secretary General. Nevertheless, if such credible attempts frustrate, acute humanitarian and human rights crisis of Nepal needs a response through the appropriate United Nations mechanism such as that of intervention and enforcement through the Security Council with the close association of international community, regional powers and neighbouring countries.

Human Rights catastrophe of Nepal after 1st February 2005

After the Royal takeover, which is widely known as Royal Coup d?etat, the security situation has deteriorated further to a level of acute crisis and has become more complex. The latest trends of human rights violations suggest that conflict is intensifying and atrocities are cumulative in nature. The present scenario of human rights can be characterised as marked by murder, fear, destruction, ruthless militarization, rule by arbitrary and unconstitutional decrees, unnecessary military intervention resulting a halt in development work, administration by vigilante groups and plight of internationally displaced persons . A recent report by Amnesty International states that despite publicly announced suspension of arms sales Royal Nepal Army (RNA) continues to acquire arms through some of the prominent countries . It rightly observes that non-lethal weapons are being used against the innocent civilians. In reality, RNA has totally failed, to differentiate between the non-combat unarmed civilians and armed combats, show respect for principles of proportionality and necessity in use of force, and adherence to International Humanitarian Law. Resultantly, Nepal sees death of large number of innocent civilians in fake encounters or clashes as well as unfortunately it holds the first place in the world for disappearances. At this stage, where military solution and use of force has obviously failed, it is very likely that support for a failed military strategy will only perpetrate further atrocities and produce a bruised, tortured, raped, extra judicially killed, summarily executed, disappeared and traumatized population. I stress that we must adopt engagement strategies to reach out to people only after considering all options and opportunities emerging at this difficult time. If not, we might contribute to a collateral damage of highest magnitude. Undeniably, many encounter killings claimed by the security forces are either fake or exaggerated to cover up the unjustified actions or are a way to clean up the military barracks before international community has the opportunity to realize the magnitude of violations of international human rights and humanitarian law. Such trend of mass, sporadic and planned killings by the security forces suggests that Nepal is systematically practicing a ?minimum detainee policy? consistently for past four or more years.

People have disappeared and the grim picture of disappearances produced by the Working Group on Forced and Involuntary Disappearances is still valid and responsible authorities have taken no action to address the recommendations made by them . Most of disappeared victims are from minorities and lower caste groups and thus perpetrators who are mostly from higher castes continuously enjoy full impunity and carryout further atrocities without faltering. Given the reality of a strong caste based culture, it is very unlikely that any local mechanism of accountability and justice is capable of dealing with the facing challenge. The same crowd who is guilty for perpetrating grave human rights atrocities is liable for forging national justice mechanisms. Consequently, principles such as accountability, rule of law and independent judicial oversight have become an academic gesture in current Nepalese context.

The media has not only been forced to portray a misleading picture of the incidents of human rights violation through military press releases, but also vehemently been silenced against atrocious acts of the state security force functioning under a unified command. Journalists are intimidated and harassed when they try to speak of what they witness, and mostly they are barred from reaching out to scenes of violations of international human rights and humanitarian law . It is safe to say that the national media has been banned from discussing the humanitarian and human rights catastrophe by a decree in the pretext of maintaining Royal honour and moral of the security forces. Journalists are being threatened physically and by a proposed amendment in the Media related laws. Royal government has taken the most precious of liberty of speech. In a systematic manner, the royal apparatus have curtailed the freedom of expression, especially the press freedom and denying the right to information to ordinary citizens.

The policy of oppression and control over the masses has generated geography of fear where communities and social groups are increasingly losing social affinity and are suspicious of each other and consequentially, communal tensions are increasing. Social mistrust, state sponsored militarization of society, coupled with the prevailing fear has destroyed the social fabric of the multi-cultural / multi-ethnic Nepal. Resultantly Nepalese context has actually run out of civic space where multi-cultural / multi-ethnic and diverse groups with strong democratic sense could coexist and maintain social harmony in a civilised manner. It is extremely important that the international community realise that Nepali people are not lesser human beings and that they deserve protection and dignity of international standards.

Additionally, suspension of the ICRC visits to the detention centres and military barracks and a constant denial of free access to the National Human Rights Commission, and unnecessary delay of a cabinet ratification of OHCHR- HMGN MoU forecast a serious breach of trust, commitment and disrespect to basic norms of human rights principles and international humanitarian law. In reality, RNA never allowed any international and national mechanism to access its barracks freely and without prior information. Undoubtedly there is an urgent need for the international community to swiftly respond to this issue, especially for the safety and security of detainees in the army barracks as no monitoring and oversight mechanisms has free and unhindered access to them.

Moreover, to complicate the situation further, state apparatus and the RNA openly instigate civilians to take up arms and train vigilante groups in army barracks to fight insurgency as the security concerns and lack of credibility hinder military functioning. Recently, in Navalparasi district, journalists witnessed vigilante leaders carry identity cards issued by the local military commander. In March 2005, in the same district, Ram Kumar Chamar accused of not cooperating with the vigilante group was forced to eat his own flesh before he was shot dead. Such practice of creation of vigilante groups is taking place especially in the flatlands . Hard line royalists who are trying to ensure that communal divisions are ignited by various means including by creation of vigilante groups to initiate a full-scale civil war fill state institutions. The most obvious targets of such strategy could be the victims and witnesses of crimes of war, crimes against humanity and massacres committed in last four years. The purpose of such action is to either kill or force specific targets to flee from their homes to diminish any hope for individual accountability or attempt to challenge prevailing impunity.

Hard built up democratic institutions with international solidarity and assistance are being dismantled or are used for the benefit of despotic regime. Many civilian posts are given to the retired military officers to please the traditional RNA for continuous killings for the monarch. The fresh appointments to the National Human Rights Commission must be seen from that perspectives and the ultimate objective is to undermine its independent and autonomous character. However, future of this institution lies with its own activities, but the appointment process by an executive order; through the committee of handpicked people who serve the royal ambitions have tainted NHRC members? appointments as a possible tool for the executive and is a blatant violation of established international principles.

Because of ongoing conflict, absence of social sense of security, fear of arbitrary actions, breakdown of law and order, absence of basic services such as health, education, law enforcement and access to justice, people in remote villages and districts are leaving their homes at a large scale. Norwegian Refugees Council estimates a number of 200,000 IDPs in the country. In all this, there is no exact figure of Nepalese who have left for India and other countries because of the conflict. A large number of Nepalese are stranded in countries waiting for their asylum cases to be decided by UNHCR offices or respective government around the world. With the state security forces and the Maoists insurgents killing, torturing, abducting, humiliating and raping indiscriminately and on daily basis, hence we witness many villages utterly empty. It is well known fact to Nepalese that there has been a drop of 30-50% in students outside Kathmandu valley.

Internally Displaced Persons (IDPs) who suffered by armed rebellions in their villages and are now mistreated by the government forces for bringing up their legitimate demands to the streets. Government not only neglect them but also state security forces frequently harass these vulnerable people to add into their misery . Their plight is unreported and a matter of least concern for the national and international authorities . The scale of humanitarian needs is yet to be known to the international community. There is a large number of ?liquid population? who travel from place to place and try to find security, food, shelter and stability. It is incumbent upon national and international actors to look at this before it explodes into a large-scale catastrophe. United Nations system increasingly concerned with the humanitarian situation, in particular, the involvement of OCHA in the issue of IDPs and humanitarian briefing to the Security Council of June 2005 indicate that situation is further deteriorating and requires a firm and proactive response .

On the other side, reported atrocities by Communist Party of Nepal (Maoists) and People?s Liberation Army (PLA) are blatant violations of International Humanitarian Law. Especially, villages where CPN (M) claims its control, virtually most of the violations are unreported and even opinions within their own cadres are severely restricted. An inherent right to freedom of movement is relentlessly controlled and therefore none of other political activists can move around for their activities. It is clear that more and more people are fleeing from so-called Maoist controlled areas because of increasing atrocities. Furthermore, recent trends of intensive attacks on the civilians suggest that promises from the side of CPN (M) to respect the human rights and obligation of international humanitarian law are not being respected.

It may not be possible to mentionall the violations of human rights and international humanitarian law in this paper, but it demonstrates that Nepal is in acute crisis. There are frequent reports that killing ratio per day of innocent civilians because of actions from both sides is increasing since the royal take over. Exodus of people to India is alarming and national economy is gradually slowing down. Education system is severely hampered by the conflict and both parties frequently use children and schools as a tool for political gain. Human rights defenders and professionals are under constant threat. Lawyers are under physical and verbal attacks by the government, many human rights defenders have fled the country, and others in the country are under constant threat and live in virtual security vigilance. Human rights defenders are virtually prisoners in their own country and their freedom of movement is effectively controlled. In general, the picture of country is grim and there is no hope of peace and stability without a durable political strategy and an internationally supported solution of the ongoing crisis. Legally state of emergency has been lifted, but it is a reality that the people continue to face all sorts of intimidation and oppression. Unfortunately, as the time passes by, the situation is worsening and state apparatus is becoming a mere tool to kill innocent civilians. It is a routine that the authorities defy the decisions of the Supreme Court and persons released after habeas corpus petitions are repeatedly rearrested from the court premises. Conceivably this is an extreme form of violations of the principles of rule of law, human rights and democratic norms.

The latest session of the UN Human Rights Commission passed a resolution under agenda item 19, which is, suppose to be respected by the government. Seemingly, this resolution is also facing the same fate like the High Level Commitment made by the government on 26 March 2004. The government has also signed a MoU with UN High Commissioner for Human Rights and have agreed to the establishment of a field mission of the OHCHR in Nepal. So far, the government has failed to ratify the MoU in a cabinet meeting, which shows absence of political commitment at the highest levels towards protection and promotion of human rights. The emphasis given to the mission by OHCHR and the UN system is appreciable, but there is a need of the international community to strengthen its activities through various steps including, appropriate funding. It is our hope that this office will be in a position to lay down a foundation stone not only to the peace and stability, but also to culture of respect for human rights and human dignity in Nepal. Undoubtedly, any further involvement of United Nations in Nepal depends on the success of this human rights field operation. Additionally, we must not forget that a solution is possible but only by a political settlement and through democratic means, which include effective steps to bring justice to the perpetrators of the human rights violations. Perhaps this will also pave way for our ultimate dream of a culture of respect for human life and human rights principles.

In an effort to improve the deterring situation, some other measures can also be adopted through the international assistance. However, it must not be considered as a substitute of protection. Somewhat it should go hand in hand with the protection measures. Some time assistance undermines the protection works; hence, the concerned agencies must be careful not to undermine the importance of human rights protection work while performing assistance work. Simply, the assistance must play a role to maximize the protection work and for this, humanitarians must adopt a strategy to incorporate and assist human rights and other protection related works. Additionally, assistance must also play a role in the peace building activities in line with the protection works. I hope that Nepal will see that humanitarian workers are also a part of human rights protectorate. In order to provide protection and service delivery in a real sense, any humanitarian assistance MUST NOT be under the state umbrella or involve RNA. This is the only option available to put an end to continuing cycle of violence.

Conclusion

Today there are not only national democratic forces who are demanding political solution of the on going crisis, but also the some elements of the international community are trying hard on their part. These efforts must join hands to save human lives as a priority and work on a common strategy. The aforementioned situation indicates that if the acute crisis is not solvable by the common political will from within the country, an urgent international response is the last resort for democratic solution.

Latest report of International Crisis Group suggests that solution of the political crisis can be done through the constitutional process. There is no doubt that the election of constitutional assembly is a growing demand and any consensus for the settlement of political crisis would have to consider this issue. Perhaps it is the best time for the royal institution to test its credibility through an election of constituent assembly.

Finally, the attention of international community to address the on-going conflict must focus on the human rights and humanitarian crisis as a package. Human security is under severing threat, and hence, as a precondition, the domestic solution would heavily rely on a possible improvement of the humanitarian situation in the country.

Thus, in my view the international community and the United Nations must support political forces to solve the crisis through a national process. Should any such attempt fail, the ultimate responsibility also lies with the international community to protect the civilians and take necessary urgent steps to intervene and enforce principles of humanity and civility.

The international community must address the situation of Nepal through UN system more seriously and be prepared for provision of basic services to populous suffering from little over a decade. Similarly, international civil society needs to advocate a humane and peaceful resolution to ongoing conflict. Assistance to aggressive tools such as RNA could only lead to the worst. Should this be ignored, undoubtedly we will see further killings and human sufferings followed by instability in the region and to the international peace and security.

* Mr. Sushil Pyakurel is one of Nepal's foremost human rights activists and a member of the Nepal Human Rights Commission (NHRC). He has been one of the key figures responsible for investigating and documenting violations of humanitarian law by both sides in the conflict in Nepal through his work with the NHRC and previously as the founder and director of the human rights organization INSEC. He has been central in initiating dialogue about human rights, and is widely recognized as the central figure in the human rights community in Nepal. The manuscript was submitted in July 2005