A/HRC/7/3/Add.2
page 96
from peacekeeping missions. Comments to the last report included a critical analysis of
and serious concerns about an army list of personnel excluded from peacekeeping
missions on the grounds of having violated human rights. Virtually the same list was
included in a November 2007 document provided by the Army to OHCHR, indicating that
the NA has not progressed in identifying or punishing those responsible for systematic
and serious human rights violations during the conflict.
496.
According to the Government, security personnel are vetted against their record
of human rights violations and violations of international humanitarian laws. Since 15
May 2005, the Nepal Army has implemented the policy that those who are found guilty
of human rights violations are disqualified from participating in the UN peacekeeping
missions. Nepal police and the Armed Police Force have also implemented similar
policies. (see A/HRC/4/33/Add.2, para. 479). Similarly, human rights have become an
integral part of the pre-deployment training package for personnel to be deployed as UN
peace-keepers.
497.
Recommendation (s) stated: The Special Rapporteur calls on the Maoists to
end torture and other cruel, inhuman or degrading treatment or punishment and to
stop the practice of involuntary recruitment, in particular of women and children.
498.
According to OHCHR , CPN-M cadres themselves have been responsible for a
number of abductions or assaults on journalists, members of political parties or others,
as well as one disappearance. Of the five alleged killings by CPN-M cadres since the
CPA, one of the victims was a journalist and another was a member of a political party.
Although the number of abductions, assault, ill-treatment and other abuses by CPN-M
dropped significantly immediately after the signing of the CPA, there has been a
resurgence since April 2007 and particularly in October/November, against the
backdrop of the political crisis.
499.
Abductions were primarily but not exclusively reported in the context of “law
enforcement” activities, or enforcement of the CPN-M’s social norms, for example with
regard to “illicit” sexual relations. Some also occurred during the disruption of political
activities described above. In many cases, those abducted appear to have been
interrogated – and sometimes severely beaten. The period of captivity usually lasts for a
few hours or several days although some have been held for up to a week or more, with
the victims either then being handed over to police or released. It should be noted that
since the CPA, CPN-M cadres have more frequently handed individuals suspected of
crimes to the police and in some places police have described the collaboration as
positive. Nevertheless, taking individuals to undisclosed locations for interrogation and
sometime ill-treatment or torture violates the most basic of human rights principles. In
several cases, individuals have been handed over to the police with visible injuries
allegedly due to beatings without any action being taken to sanction the ill-treatment or
torture. Disappearances and killings are the worst consequences of these practices,
which undermine the commitments of the CPN-M to uphold human rights.
500.
With regard to children under-18 associated with the People’s Liberation Army,
2973 were verified as being present in the PLA (Peoples´ Liberation Army) cantonment
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