Sri Lanka: despite progress more must be done for those displaced by war – UN

Catherine Bragg briefs press on her humanitarian mission to Sri Lanka

26 January 2011 – The Sri Lankan Government has made significant progress in resettling the hundreds of thousands of people displaced by the decades-long war with Tamil separatists but a lot more work still needs to be done, a top United Nations humanitarian official said today.

“It is clear that there are still immediate humanitarian needs that we must address now,” the Assistant Secretary-General for Humanitarian Affairs, Catherine Bragg, told a news briefing in New York on her recent three-day visit to the Indian Ocean island, where the Government crushed the separatist revolt in the north in May 2009.

She noted that only 20,000 of the 300,000 persons displaced at the height of the crisis still remain in Government-run camps. “However, due to the difficulties in clearing land mines and the lack of basic services in the home areas, those remaining in the camps are expected to stay there until at least the middle of 2011 and will continue to require humanitarian assistance,” she said.

Moreover, there are many thousands of people who have left the formal camps but are either in transitional settlements where they still need aid or have returned to areas that lack the basic services and infrastructure needed to allow them to fully restart their livelihoods.

“The Government has committed significant resources to infrastructure in the return areas but there’s so much more that still needs to be done and most of the returnees have limited access to basic services such as shelter, water and sanitation, health care,” Ms. Bragg said.

“These communities remain extremely vulnerable. The future of the north is about investing in people. They need skills, livelihoods and social development to help them move on with their lives.”

During her visit she also visited flood victims in the east, where there has been “overwhelming” damage to livelihoods, social services and infrastructure among a vulnerable population that has already been severely affected by the Indian Ocean tsunami of 2004 and the separatist conflict.

While in Sri Lank Ms. Bragg launched a $51 million appeal for the flood victims. The UN Central Emergency Response Fund (CERF) allocated $6 million to jumpstart key life-saving projects.

http://www.un.org/apps/news/story.asp?NewsID=37389&Cr=sri+lanka&Cr1=

Nepal NGO Coalition Urges the Government to Take Proactive Leadership in Fulfilling Its Human Rights

Wednesday, 26 January 2011

(25 January 2011, Geneva/Kathmandu) Today Nepal underwent its first Universal Periodic Review (UPR), a process which involves a review of the human rights records of all 192 UN member States once every four years under the auspices of the UN Human Rights Council. During the three-hour session, the Deputy Prime Minister and Minister for Foreign Affairs, Sujata Koirala, took the lead in presenting the national report and responding to the questions and concerns raised by other States. The Nepal NGO Coalition for the UPR (NNC-UPR), a coalition representing 235 human rights and civil society organisations in Nepal, notes with appreciation that the government of Nepal at least acknowledged existing and ongoing human rights challenges in the country. However, the NNC-UPR expresses its disappointment at the rhetorical statement by the government delegation and their failure to provide any concrete commitments and timelines for the implementation of Nepal’s human rights obligations. Particularly, the NNC-UPR is troubled by the response of the government delegation who claimed today that “there is no systematic torture in Nepal”, in spite of well documented and credible reports of systematic practices of torture at the hands of State security forces. The NNC-UPR is encouraged by the fact that its issues and concerns were adequately reflected in the interventions of various UN member States, particularly with regards to Nepal’s failure to address the culture of impunity including the investigations into the past and ongoing human rights violations committed by both State security forces and non-State actors. During today’s Review, a number of States made urgent calls to establish transitional justice mechanisms as stipulated in the Comprehensive Peace Accord (CPA), such as the Truth and Reconciliation Commission and the Commission of Inquiry on Disappearances, in accordance with international standards. The wide range of discriminatory policies and practices, specifically discrimination against women, children, Dalits, indigenous peoples, persons with disabilities, refugees as well as religious, sexual and ethnic minorities were often raised as areas of serious concern. Attention was concentrated to situations of the rights to food, health, housing and education faced by marginalized and vulnerable groups such as Dalits, Madhesis, indigenous peoples and persons with disabilities, especially the women and girls within these communities. Many States also shed light on the lack of appropriate action taken by the government of Nepal in responding to gender-based violence committed during and after the armed conflict. Meanwhile, the NNC-UPR regrets that the government delegation avoided answering a number of key questions, particularly with regards to lack of implementation of decisions and recommendations by the courts and the national human rights institutions as well as regarding the steps to ratify the Optional Protocol to the Convention against Torture, the Convention on Enforced Disappearances, the Convention on the Status of Refugees, and the Rome Statue of the International Criminal Court. The Nepal NGO Coalition on the UPR urges the government of Nepal to recognize that the UPR is not a one-time event. Recommendations put forward by today’s Review must be followed up through proactive leadership of the government in ensuring practical and time-bound action plans for actual implementation, upon the genuine consultations with all relevant stakeholders in the country. (ENDS) http://www.forum-asia.org/index.php?option=com_content&task=view&id=2657&Itemid=42

South Korea: Truth but no reconciliation

Published on : 2 February 2011 - 9:36am | By International Justice Tribune (IJT 121)

South Korea’s Truth and Reconciliation Commission in December concluded its historic exploration into the brutality of mass killing by both sides during the Korean War in an atmosphere of frustration and controversy.

By Don Kirk, Seoul

The commission, from its inception in 2005, uncovered the truth about the deaths of tens of thousands of civilians at the hands of South Korean police and soldiers and invading North Koreans. However, it failed in more than five years to bring reconciliation. One reason for this failure is that it ceased functioning before investigating all the reported massacres during the1950 – 1953 war.

“The past remains a political minefield in South Korea,” according to journalist and researcher Choe Sang-hun. “Digging into South Korea’s tumultuous recent history remains a sensitive and painful task riddled with controversy,” said Choe, who won a Pulitzer prize for his reporting on the massacre by US soldiers of South Koreans huddled under a bridge in the village of Nogunri in 1950.

“Pro-democracy activists who struggled against the past military dictators and took power under former presidents Kim Dae-jung and Roh Tae-woo saw the task of peeling back the long-running cover-up as a hallmark of their mandate,” he said. “But conservatives who took pride in defending the nation from communism saw these efforts as a leftist political maneuver to discredit their reputation.”

During liberal rule from 1998 to 2008, in which Kim and Roh served successive five-year presidential terms, Koreans had the chance to uncover what former commission member Kim Dong-choon called “the dark side of the Korean past.” Kim Dae-jung during his presidency encouraged the formation of the commission, formed as a government agency during Roh’s tenure.

The commission’s leadership from the outset was divided among standing commissioners representing liberal and conservative views, but conservatives dominated after the inauguration in February 2008 of Lee Myung-bak.

The commission’s deadline was April 2010, but the investigations were extended until June. Some commission workers stayed on until the end of 2010.

Kim Dong-choon, also a sociologist at Sung Kong Hoe University, believes the commission needed two more years to visit massacre sites that will probably never be excavated. The commission did exhume 13 sites, but “there are many more that we must study and research,” he said.

Kim said the legacy of suffering lives on among the families of victims. “They still have some economic and psychological difficulties. Some communities were totally disorganised.” As for why the commission’s activities were not extended, he points out that conservative officials “don’t want to make this kind of incident known to the Korean people and to other people.”

Estimates vary as to how many civilians were killed. Kim said that between 100,000 and 200,000 people died at the hands of South Korean police and soldiers as North Korean forces moved south in 1950. He believes the total killed by North Koreans was “less than half the number.”

Lee Young Jo, the commission’s last president, disagrees, estimating that South Korean and North Korean forces each killed about 150,000 civilians. Nor does he believe that the commission ended its work prematurely. He pointed out that the body’s mandate was to review petitions of families, and that it completed all 11,000 cases that it was asked to consider.

The courts ordered state apologies in many cases. In the most infamous one, in which eight people were hanged in April 1975 for a plot made up by the Korean intelligence service to form a revolutionary party, a court in January 2007 absolved them all, awarding $67 million to family members.

The investigation also revealed the failure of US officers to stop the executions of South Koreans, though some witnessed and reported what had happened. The US issued just one “regret,” which was for the slaughter of civilians at Nogunri, following a press report revealing the massacre in 1999.

Choe said it was a “disgrace to the South Korean political leaders and media” that the truth came out at so late, though he added that “the fact that South Korea has launched the commission and let it do what it has done, despite all its controversy” is proof that the situation in the country has improved since the era of dictatorship ended in 1987.

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http://www.rnw.nl/international-justice/article/south-korea-truth-no-reconciliation

Nepal's human rights examination

DR DINESH BHATTARAI The United Nations General Assembly Resolution A/60/251 also known as the founding resolution of the Human Rights Council (HRC) mandated it to ‘undertake a universal periodic review (UPR) based on objective and reliable information, of the fulfillment by each state of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States.’ The HRC was established in 2006 in place of the Commission on Human Rights (CHR) which in words of the former UN Secretary General Kofi Annan reached ‘a point at which the Commission’s declining credibility has cast a shadow on the reputation of the United Nations system.’  UPR is an innovative mechanism based on three hours of ‘interactive dialogue and cooperation, with full involvement of the country concerned and with consideration given to its capacity building needs, such a mechanism shall complement and not duplicate the work of treaty bodies.’ This unique tool is a peer review mechanism for every country in four year periodicity, ‘assessing the implementation of international norms and treaties on ground.’  Nepal is among the 16 United Nations member states undergoing UPR – at the 10th session of UPR Working Group of the HRC that started from Jan 24 and will continue till Feb 4, 2011. Deputy Prime Minister and Minister for Foreign Affairs Sujata Koirala formally introduced the National Report of Nepal on Jan 25. The report was prepared with extensive public consultations at various levels in the country. It outlines the achievements Nepal made after the success of the peaceful People’s Movement and discusses in candid manner the challenges and constraints that stand in way of realizing the human rights by the people. The problems that the country faces in the post-conflict situation are also outlined in the report.  The Working Group of UPR of the Council assesses the performance of every member state of the United Nations, big and small, developed and developing and rich and poor. So far nine sessions of the Working Group on UPR have been held and 143 countries have been reviewed. Nepal is the 146th country to be reviewed. The first cycle of the UPR will complete later this year taking up the assessment of the human rights performance of the entire membership of the United Nations. The review is accessible to the general public through the HRC webcast. UPR is based on three sets of information: 1. National Report from the government, 2. Information compiled by the Office of the High Commissioner for Human Rights (OHCHR) from reports of the UN Agencies, Special Procedures and Treaty Bodies and 3. Information compiled by OHCHR from reports of NGOs, NHRIs and other stakeholders. During the three hours interactive dialogue, member/observer states ask questions and make recommendations which form the cornerstone of the UPR process. Recommendations are expected to guide the state under review for the next four years.  Nepali peace process grew out of their commitments to human rights, democratic pluralism and constitutionalism. Nepal is working hard to lay the essential foundation for institutionalizing these commitments. The road to democracy is irreversible, however slow, uneven, long and at times uncertain and arduous it may appear. The assessment of the human rights situation in Nepal comes at a time when the country is making a democratic transition from absolute monarchy to democratic republic after over a decade-long armed conflict during which about 16,000 people were killed, 5,800 were disabled, 71,200 people were internally displaced, public infrastructures including the government buildings, schools, colleges, health posts, roads and bridges were destroyed. The impact of human cost, economic cost, social and psychological cost of conflict on the general public has been incalculable.  The Comprehensive Peace Accord (CPA) of Nov 21, 2006 signed between the Government of Nepal and Communist Party of Nepal (Maoist) formally ended the armed conflict, paving the way for the establishment of the universally accepted concepts of fundamental human rights, multiparty competitive democratic system, supremacy of the people, adult franchise, periodic elections, rule of law, promotion and protection of human rights of people, full press freedom, constitutional checks and balances and independent judiciary based on democratic values and norms. The Interim Constitution of Nepal prepared through political consensus promulgated on Jan 15, 2007 by parliament is a comprehensive catalogue of fundamental rights incorporating the rights set forth in the Universal Declaration of Human Rights of the UN and the rights and obligations enshrined in the international human rights instruments to which Nepal is a party such as the 1966 International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights. The protection and promotion of human rights remain at the center of the peace process.  The election of Constituent Assembly (CA) on April 10, 2008 is a defining feature of the peace process. It established the supremacy of ballots over bullets. Out of 74 political parties registered with the Election Commission, 54 contested the CA elections and 25 of them have a representation in the CA, which stands as an epitome of the inclusiveness and proportionality. The peace process has brought the people to the center of governance from the periphery, exclusion, and disadvantaged zones. Representation of women and marginalized groups in the legislature parliament constitute 33.23 percent and 33.39 percent respectively. Government undertakings including the security forces are taking pro-active affirmative actions to recruit on a priority basis from among the marginalized/underrepresented communities to ensure inclusiveness and equity. They now participate in decisions that shape their destiny and the future of the country.  The peace process has crossed several milestones. CA elections, declaration of the country as the federal democratic republic, release of minors and disqualified combatants from cantonments, and the formal handover on Jan 22 of the command and control of the Maoist combatants housed in the seven cantonments and 21 satellite cantonments to the constitutionally mandated Special Committee with the responsibilities of their supervision, integration and rehabilitation are the major milestones of the home grown peace process. Nepal’s peaceful transformation provides a rare example in the contemporary world history.  Democracy in Nepal has entered into a new phase with human rights and inclusiveness at the center. Nepal is a party to different international human rights instruments and covenants. Government is committed to addressing the past injustices and future challenges as provided in the CPA and the Interim Constitution. The mechanisms for providing transitional justice have been submitted to the parliament for approval. Nepal´s independent judiciary has made landmark judgments in favor of human rights protection. Nepal was among the first least developed countries to establish the National Human Rights Commission. There are other institutions established to investigate abuse of power and improper conduct CHALLENGES & CONSTRAINTS  The government realizes that there is no room for complacency despite remarkable achievements made in the human rights situation since the end of the armed conflict. Nepal is in a transitional phase. Transition is an extremely difficult and highly sensitive period. Institutionalization of peace, social and economic transformation within the democratic framework, and the process of post-conflict reconstruction and rehabilitation and reconciliation are facing daunting institutional and humanitarian challenges. Various economic and social woes from the past and emerging challenges emanating from the global multiple crises including the economic and financial crises and climate change remain as growing threats to the enjoyment of human rights with far-reaching implications.  Consensus building is a tough call in any post-conflict situation and Nepal is no exception. Nepal’s political parties of different ideologies are deeply engaged in forging unity, evolving consensus and concluding agreement on the broader national agendas in relation to political, economic, social transformation and development. Dialogue, cooperation and participation form the core of Nepali peace process. Nepal is facing multi-dimensional challenges of Himalayan proportions on multiple fronts. Lack of resources, capacity and physical, institutional and human rights infrastructures in the country remain as significant constraints in honoring its obligations to provide basic services to marginalized or vulnerable communities or groups. There is an urgent need to seriously address the root causes of conflict and democratic deficits rather than just treating the symptoms.  LEARNING FROM THE PAST & LOOKING TO THE FUTURE Nepal has come a long way in terms of peaceful resolution of armed conflict and political transformation within the overall framework of democratic polity. Nepali peace process, having emerged from a background of violence, and destruction has established the primacy of dialogue, understanding and need for democratic institutions to address the glaring challenges in the country without resorting to violence and use of arms in politics. The peace process has heralded a clear shift from violent activities toward peaceful means. The peace and democratic process has brought former foes together and made them realize that they need each other to resolve their differences in a peaceful manner for the country and the people who have made arduous struggles and unparalleled sacrifices time and again for a democratic pluralistic society that honors human rights in all circumstances.  There have been formations of government and changes of governments on the basis of constitutional provisions in a peaceful manner. Political parties, irrespective of their ideological differences, listen to dissenting voices and recognize the need to solidify the democratic foundations by completing the task of writing a democratic constitution by the CA. The primacy of dialogue as a compromise seeking and deadlock breaking mechanism has been established and this needs to be concretely institutionalized as peaceful means to advance political objectives. There is no denying that at this juncture of democratic transition, Nepal is confronting the severity of challenges, fragility of institutions, enormity of capacity constraints in the process of post-conflict reconstruction, rehabilitation and reconciliation to make the democratic process a success. The long and uphill tasks of institution building are better served by generating local legitimacy, local knowledge and local leadership. As we remain engaged in laying unshakeable and unassailable institutional framework for human rights and rule of law to address the democratic aspirations of our people, we look forward to a constructive interaction and contributions from the international community. Sustained solidarity and support will help democracy take roots, firmly institutionalize peace building efforts, create a web of national democratic institutions, make all concerned honor institutional norms in day to day work, and help make the socioeconomic transformation sustainable within the democratic framework leading to the enjoyment of all kinds of human rights by the Nepali people.  The people of Nepal have set the highest standards in human rights through their arduous struggles and immense sacrifices. They have said NO to undemocratic and unconstitutional rule, and they have said NO to the violent path to political power. Nepali peace process grew out of their commitments to human rights, democratic pluralism and constitutionalism. Nepal is working hard to lay the essential foundation for institutionalizing these commitments. The road to democracy is irreversible, however slow, uneven, long and at times uncertain and arduous it may appear. Therein lies the secure, democratic and prosperous future of the country. As the visionary leader B P Koirala said in an interview to Theodore Jacqueney of Worldview way back in 1978, ‘If Nepal has to exist as a nation or develop as a nation, it must develop democratic institutions’. After a rollercoaster journey throughout its modern history and especially in the recent past, Nepal is firmly on the democratic path shown by the national leadership.  Writer is Ambassador/Permanent Representative of Nepal to UN and International Organizations dineshbhattarai1@gmail.com http://myrepublica.com/portal/index.php?action=news_details&news_id=27572