Human rights in Nepal
Encyclopedia
Historically, civil liberties
been limited, but Nepal
’s government has not been regarded as among the world’s worst violators of human rights
. Nevertheless, human rights violations have increased substantially since the escalation of civil conflict in 2000, and security forces engaged in substantial numbers of these human rights violations prior to the civil conflict known as the Nepal Civil War
. According to the United Nations
(UN), Nepal leads the world in arbitrary abduction and detention by security forces in large part as a result of the civil conflict. The conflict between the Communist Party of Nepal (Maoist) and government security forces has resulted in numerous allegations of human rights violations by both sides, with most victims being unarmed civilian noncombatants. The Maoists have been accused of unlawful killings, torture, and nearly 36,849 abductions. Security forces have been accused of disappearances, unlawful killings, arbitrary arrests, torture
, and obstructing both courts and human rights investigations—all with impunity
. However, about one-third of those abducted by security forces were released after months in secret detention, and in July 2004 the government created a committee to locate the disappeared.
Outside of the conflict, civil liberties are tenuous, and human rights abuses are common. Discrimination
on the basis of caste
, gender
, ethnicity, and sexuality is ubiquitous, and domestic violence, forced labor, and forced prostitution
are pervasive. However, various organizations have emerged to address the needs of persons suffering discrimination. Still, civil liberties such as freedom of speech
, press, and lawful assembly have been severely curtailed with King Gyanendra
’s suspension of the constitution in February 2005. The government also has been criticized for ratifying human rights treaties and conventions but not incorporating human rights laws into legislation. Indeed, there are no laws against domestic violence or police torture, and the police are accused of excessive force and corruption. Because of poor communication, police outside the capital often have tremendous autonomy and discretion in handling law and order matters and often do so in ways not consistent with the law.
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
been limited, but Nepal
Nepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
’s government has not been regarded as among the world’s worst violators of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
. Nevertheless, human rights violations have increased substantially since the escalation of civil conflict in 2000, and security forces engaged in substantial numbers of these human rights violations prior to the civil conflict known as the Nepal Civil War
Nepal Civil War
The Nepali Civil War was a conflict between government forces and Maoist rebels in Nepal which lasted from 1996 until 2006...
. According to the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
(UN), Nepal leads the world in arbitrary abduction and detention by security forces in large part as a result of the civil conflict. The conflict between the Communist Party of Nepal (Maoist) and government security forces has resulted in numerous allegations of human rights violations by both sides, with most victims being unarmed civilian noncombatants. The Maoists have been accused of unlawful killings, torture, and nearly 36,849 abductions. Security forces have been accused of disappearances, unlawful killings, arbitrary arrests, torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
, and obstructing both courts and human rights investigations—all with impunity
Impunity
Impunity means "exemption from punishment or loss or escape from fines". In the international law of human rights, it refers to the failure to bring perpetrators of human rights violations to justice and, as such, itself constitutes a denial of the victims' right to justice and redress...
. However, about one-third of those abducted by security forces were released after months in secret detention, and in July 2004 the government created a committee to locate the disappeared.
Outside of the conflict, civil liberties are tenuous, and human rights abuses are common. Discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
on the basis of caste
Caste
Caste is an elaborate and complex social system that combines elements of endogamy, occupation, culture, social class, tribal affiliation and political power. It should not be confused with race or social class, e.g. members of different castes in one society may belong to the same race, as in India...
, gender
Gender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...
, ethnicity, and sexuality is ubiquitous, and domestic violence, forced labor, and forced prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
are pervasive. However, various organizations have emerged to address the needs of persons suffering discrimination. Still, civil liberties such as freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, press, and lawful assembly have been severely curtailed with King Gyanendra
Gyanendra of Nepal
Gyanendra Shah was the last King of Nepal. During his life, he has held the title of the King twice: first between 1950 and 1951 as a child when his grandfather Tribhuvan was forced into exile in India with the rest of his family; and from 2001 to 2008, following the Nepalese royal massacre.King...
’s suspension of the constitution in February 2005. The government also has been criticized for ratifying human rights treaties and conventions but not incorporating human rights laws into legislation. Indeed, there are no laws against domestic violence or police torture, and the police are accused of excessive force and corruption. Because of poor communication, police outside the capital often have tremendous autonomy and discretion in handling law and order matters and often do so in ways not consistent with the law.
External links
- Citizens' Campaign for Right to Information (CCRI)
- COCAP- Collective Campaign for Peace
- Censorship in Nepal - IFEXInternational Freedom of Expression ExchangeThe International Freedom of Expression eXchange , founded in 1992, is a global network of around 90 non-governmental organisations that promotes and defends the right to freedom of expression....
- Jagaran Media Center- Supporting Dalit Rights
- Report by the "International Press Freedom and Freedom of Expression Mission to Nepal"
- Democracy at the Crossroads: Opportunities and Challenges for Lasting Peace in Nepal U.S. Institute of Peace, June 2006 (Audio)
- Human rights violations faced by the Dalits in Nepal