Nepal Under Military Rule: The Undermining of Democracy and the Constitution of Nepal

7th Public Appeal from the Nepalese Human Rights Community

May 11, 2005

In response to the ongoing violations of human rights in Nepal after the King's invocation of Article 27-C to usurp all state power, which is a fraud on the Constitution of the Kingdom of Nepal - 1990, we, the members of the Nepalese human rights community, issue this 7 th public appeal to the international community to continue their actions against the new regime in order to establish democracy, freedom and political rights in Nepal.

We express our sincere gratitude to the UN High Commissioner for Human Rights Louise Arbour for establishing an Office of the High Commissioner for Human Rights (OHCHR) thru the signing of the Memorandum of Understanding (MOU) on 11 April 2005 and the appointment of Mr. Ian Martin as Head of Mission in Nepal on 29 April 2005. We would also like to convey our great appreciation to the members of the 61 st session of the UN Commission on Human Rights (UNCHR) for adopting a resolution under "Agenda Item 19" on April 20, 2005 in response to the increase of human rights abuses in Nepal since the February 1, 2005 assumption of all executive powers by King Gyanendra.

We are deeply concerned by the recent decision of the Government of India to resume military supplies to Nepal. We believe that the resumption of military aid will support the King's move and encourage the regime to continue using their military might to engage in undemocratic practices and suppression of civil and democratic rights of the people. Therefore, we urge leaders of India, the largest democratic country, to review their decision and continue suspending military aid in all forms.

As the King was given a 100-day deadline by the US government that has passed, we request with the US to review the King's anti-democratic acts and put pressure on the government to establish democracy and freedom in Nepal, which are core values set forth by the current US administration. We also urge the government of Russia to denounce the King's regime by expressing solidarity with the Nepalese people in establishing democracy and freedom, and stall all forms of military aid.

The human rights situation remains grave even after the expiry of "state of emergency." It has further deteriorated as a result of the regime's apparent involvement in carrying out administrative and legal measures against national human rights protection mechanisms. The Terrorist and Disruptive Activities (Control and Punishment) Ordinance has been reintroduced. Reminiscent of the panchayat system, regional and zonal administrators have been appointed to carry out royal ordinances and proclamations that ultimately suppress democratic rights and freedoms, and the movement of human rights defenders continue to be restricted and their activities monitored. The media continues to be severely censored and journalists have been arrested and interrogated for publishing news reports.

The announcement of municipal elections was meant to confuse the international community. These elections undermine the basic norms of participatory elections by allowing votes only in urban areas under the security forces control. The "rule of law" continues to be challenged thru the creation of parallel organizations to those mandated in the constitution, and terror in the countryside has increased due to the regime's creation of armed militias who are encouraged to carry out violent attacks in the name of resisting the Communist Party of Nepal (Maoists). Therefore, we urge the international community to pressure the current regime to allow the independent functioning of judiciary and constitutional bodies, and to condemn the creation of civilian militias.

We condemn the actions of the state to send security forces on May 9 th to forcefully raid the legitimate office of the student political group All Nepal National Free Students Union and force them from their offices in order to illegally arrest the leaders. We are appalled by the raid by security forces of Siddhanath Multiple Campus in Kanchanpur District in which they illegally detained a group of student leaders and subsequently shot them, causing serious wounds. Both of these incidents indicate the violent measures the state is taking to suppress democratic voices and intimidate political activists.

As the "100 days" passes and the King continues his direct and undemocratic rule, we, the human rights community of Nepal, call upon the international community to undertake the following measures.

• To condemn the increasing arrest and harassment of political leaders and their cadres, journalists, lawyers and human rights activists, as well as the immediate arrest of Supreme Court-ordered released persons, and put pressure for their unconditional release.
• To pressure Nepal's judiciary to act independently towards guaranteeing the basic rights of the people.
• To publicly condemn the actions of the King, suspend military aid, and publicly support full multi-party democracy in Nepal.
• That member states of the United Nations take immediate measures to suspend the Nepalese military's participation in UN Peacekeeping Operations, considering their poor human rights record.
• To pressure the King's regime to halt the arming of civilians and stop propaganda that will only decrease the chances for a political solution to the ongoing conflict.
• To pressure the King's regime to ensure the safety of human rights defenders, journalists, and lawyers so they may carry out their legitimate activities without any form of interruption.
• To resume all forms of communications services to the political and rights activists, and allow them to use communications without being monitored.
• To pressure the Nepalese authorities to reinstate all fundamental human rights of the citizen and immediately lift all forms of media censorship.
• To take immediate measures to stop the new regime's attempt to control and regulate the activities of national and international nongovernmental organizations as per the decision of the Security Sub-Committee.
• To pressure the regime to disclose the whereabouts of the illegally detained, to refrain from torture, and initiate immediate measures for their unconditional release.
• For the international media to continue reporting on the situation in Nepal, to better inform the international community at large.
• Finally, we ask concerned citizens of all nations to express their solidarity with the Nepalese people and for them to call upon their own governments for the above-mentioned actions.

We thank for your continuing efforts to establish democracy and freedom to Nepal.

On behalf of 25 Human Rights Organizations,

Subodh Raj Pyakurel
Dr. Gopal Krishna Siwakoti
Shobhakar Budhathoki