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 |
Showing posts with label Implementation of recommendations. Show all posts
Showing posts with label Implementation of recommendations. Show all posts
Saturday, February 5, 2011
Nepal NGO Coalition Urges the Government to Take Proactive Leadership in Fulfilling Its Human Rights
Wednesday, January 12, 2011
Truth and Reconciliation Commission Comes to an End, Its Work Unfinished
[BBC News] Thurs., December 30, 2010 1:54 p.m.
The Truth and Reconciliation Commission, launched to reveal the truth about anti-democratic human rights abuses committed since the Japanese colonial era, comes to an end Friday after five years of activity. Through a comprehensive report released yesterday, the Truth and Reconciliation Commission said it investigated 11,175 cases such as civilian massacres around the time of the Korean War and human rights abuses under authoritarian governments, getting to the bottom of 8,450 (85.6%) of them.
In 510 of them (4.6%), they could not learn the truth, and 1,729 (15.5%) were dismissed. The Truth and Reconciliation Commission also revealed cover-ups and fabrications by the state and investigative bodies, such as massacres of civilians during the Korean War like the Bodo League Incident and incidents that took place under the dictatorships like the Spy Case of Five Fishermen Kidnapped to North Korea and Gang Gi-hun's fabricated suicide note.
We cannot help but express regret, however, regarding investigations less thorough than the ones that produced results like these. Firstly, in incidents where those responsible were clear like the Yeosu-Suncheon Incident, the Bodo League Incident and massacres by US troops, the Commission did not clearly name the victimizers.
About civilian massacres by the US military during the Korean War, the Commission called them unavoidable bombings that took place during a chaotic wartime situation. In particular, that the Commission's activities have run counter to its founding goals since the launch of the current administration will go down as a blemish on its record.
Committee chairman Lee Young-jo, who revealed an anachronistic view of history with his use of phrases like "popular rebellion" and "rebellion" to describe the May 18 Gwangju Democratic Movement and the April 3 Jeju Incident, recently designated the case of the US shelling of the Pohang area, which the Commission had voted to investigate, as impossible to investigate, sparking a controversy over the move's legality.
Also problematic is the government's failure to show the will to actively accept the Commission's recommendations as they are non-binding. Through June, the Commission had made recommendations on 289 cases, but the government has executed only eight of those; the recommended measures in the other cases are either currently being pushed under prior consideration.
Also unclear is whether or not other recommendations by the Commission, such as the legislation of a special law regarding restitution and compensation for victims of civilian massacres, the excavation and burial of victims and the establishment of a research foundation to study past incidents, will be executed.
With the dissolving of the Truth and Reconciliation Commission, investigations into the past at the government level cannot help but be suspended for the time being. History shows us, however, that the work of uncovering the past cannot be stopped.
As in the case of the Special Committee for Prosecution of Anti-National Offenders, established after Liberation but soon dissolved, the day will come when we must dig for truth that has been covered-up. For that day, we must organize and store the data on thousands of cases collected by the Commission.
We must also make public for researchers and bereaved family unreleased material, while guarding as much as possible against revealing private information. Moreover, the government must accept the Commission's recommendations and soothe, at least partially, the sense of injustice suffered by the victims and their families. (Ed. Dec 30, 2010)
In 510 of them (4.6%), they could not learn the truth, and 1,729 (15.5%) were dismissed. The Truth and Reconciliation Commission also revealed cover-ups and fabrications by the state and investigative bodies, such as massacres of civilians during the Korean War like the Bodo League Incident and incidents that took place under the dictatorships like the Spy Case of Five Fishermen Kidnapped to North Korea and Gang Gi-hun's fabricated suicide note.
We cannot help but express regret, however, regarding investigations less thorough than the ones that produced results like these. Firstly, in incidents where those responsible were clear like the Yeosu-Suncheon Incident, the Bodo League Incident and massacres by US troops, the Commission did not clearly name the victimizers.
About civilian massacres by the US military during the Korean War, the Commission called them unavoidable bombings that took place during a chaotic wartime situation. In particular, that the Commission's activities have run counter to its founding goals since the launch of the current administration will go down as a blemish on its record.
Committee chairman Lee Young-jo, who revealed an anachronistic view of history with his use of phrases like "popular rebellion" and "rebellion" to describe the May 18 Gwangju Democratic Movement and the April 3 Jeju Incident, recently designated the case of the US shelling of the Pohang area, which the Commission had voted to investigate, as impossible to investigate, sparking a controversy over the move's legality.
Also problematic is the government's failure to show the will to actively accept the Commission's recommendations as they are non-binding. Through June, the Commission had made recommendations on 289 cases, but the government has executed only eight of those; the recommended measures in the other cases are either currently being pushed under prior consideration.
Also unclear is whether or not other recommendations by the Commission, such as the legislation of a special law regarding restitution and compensation for victims of civilian massacres, the excavation and burial of victims and the establishment of a research foundation to study past incidents, will be executed.
With the dissolving of the Truth and Reconciliation Commission, investigations into the past at the government level cannot help but be suspended for the time being. History shows us, however, that the work of uncovering the past cannot be stopped.
As in the case of the Special Committee for Prosecution of Anti-National Offenders, established after Liberation but soon dissolved, the day will come when we must dig for truth that has been covered-up. For that day, we must organize and store the data on thousands of cases collected by the Commission.
We must also make public for researchers and bereaved family unreleased material, while guarding as much as possible against revealing private information. Moreover, the government must accept the Commission's recommendations and soothe, at least partially, the sense of injustice suffered by the victims and their families. (Ed. Dec 30, 2010)
Monday, January 3, 2011
Gov't ordered to pay 2 bln won compensation for fabricated spy case
Gov't ordered to pay 2 bln won compensation for fabricated spy case
GWANGJU, Jan. 2 (Yonhap) -- A local court has ordered the government to pay 1.9 billion won (US$1.7 million) in compensation to the surviving family members of a South Korean victim in a fabricated spy case in the 1970s, court officials said Sunday.
Kim Bok-jae had been charged in 1971 with smuggling himself into Japan to join the pro-North Korean residents league and spying for the organization. He confessed to his espionage charges during an investigation and was given a 10-year jail term for violating the national security law. After being released from prison, he died in 1986 after suffering from the aftereffects of torture.
Fourteen of his family members applied for a retrial in May last year at the recommendation of the Truth and Reconciliation Commission, a special committee established in 2005 to investigate past human rights atrocities, and filed a suit against the government seeking reparations after being acquitted of the charges.
"Kim was arrested by authorities without a warrant and was not given the opportunity to defend himself," the Gwangju District Court said in a ruling. "The court acknowledges that Kim, unable to endure beatings, electric shocks and water torture, confessed to false charges that officers read to him."
Even after being released on parole shortly before completing his term, the victim was monitored by law enforcement agencies, and his family was stigmatized as having a convicted spy as the head of the household, the court said.
"This is illegal conduct in which the state violated the Constitution to infringe upon people's basic rights," the court added.
South Korea's National Security Law prohibits its citizens from contacting North Koreans without government approval or engaging in activities benefiting the North. The two Koreas are still technically at war because the 1950-53 Korean War ended in a truce.
ejkim@yna.co.kr
(END)
Kim Bok-jae had been charged in 1971 with smuggling himself into Japan to join the pro-North Korean residents league and spying for the organization. He confessed to his espionage charges during an investigation and was given a 10-year jail term for violating the national security law. After being released from prison, he died in 1986 after suffering from the aftereffects of torture.
Fourteen of his family members applied for a retrial in May last year at the recommendation of the Truth and Reconciliation Commission, a special committee established in 2005 to investigate past human rights atrocities, and filed a suit against the government seeking reparations after being acquitted of the charges.
"Kim was arrested by authorities without a warrant and was not given the opportunity to defend himself," the Gwangju District Court said in a ruling. "The court acknowledges that Kim, unable to endure beatings, electric shocks and water torture, confessed to false charges that officers read to him."
Even after being released on parole shortly before completing his term, the victim was monitored by law enforcement agencies, and his family was stigmatized as having a convicted spy as the head of the household, the court said.
"This is illegal conduct in which the state violated the Constitution to infringe upon people's basic rights," the court added.
South Korea's National Security Law prohibits its citizens from contacting North Koreans without government approval or engaging in activities benefiting the North. The two Koreas are still technically at war because the 1950-53 Korean War ended in a truce.
ejkim@yna.co.kr
(END)
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