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allegations of such recruitment have been received including up to late November 2006. While
many of the recent recruitments appear to have been “voluntary”, the recruitment has often been
facilitated by promises of payments. Large- scale abductions which had been prevalent before
the ceasefire have more or less ceased. Prior to the ceasefire, cases have been documented of
children being involved in hostilities, and actively monitored the cases of children in detention
accused under TADO.
486.
The precise number of children currently in CPN-M, either in the PLA, militias or
groups which provide support to one or the other is unknown, but could amount to several
thousand. Monitoring of the presence of children has been stepped up in the context of SC
Resolution 1612. In view of the plans to canton PLA and the possibility of children being
present in the cantonment sites, organizations are putting together strategies, including advocacy,
for separating the children out and reintegrating them into their families and communities.
However, CPN-M repeatedly denies that it has a policy of recruiting children under 18 and it is
unclear how far it will cooperate with child protection agencies in separating children associated
with e CPN-M.
487.
Recommendation (t) stated: The Special Rapporteur recommends that the
Government continue to cooperate with relevant international organizations, including
OHCHR, including by requesting assistance with the follow up to the above
recommendations.
488.
Although in many ways, the current Government has shown itself to be receptive and
cooperative with Office of the United Nations High Commissioner for Human Rights-Nepal,
including acknowledging the role it played in helping to restore democratic rights through it’s
monitoring, the Office has been consistently disappointed with the Government’s lack of
responses to its reports, letters and recommendations, both before and since April 2006,
including on issues relating to torture and disappearances. In addition, NA’s persistent refusal
to provide OHCHR-Nepal with any documentation relating to courts of inquiry and courts
martial has been unacceptable and can only lead to the conclusion that there is a lack of
transparency and even attempts to cover up its involvement in human rights violations.
489.
Likewise, although CPN-M has reiterated commitments to punish those responsible for
ill-treatment and torture, the continuation of abuses and also the lack of detailed responses to the
cases submitted to it by OHCHR has been disappointing.
490.
Although in most cases, access to those in captivity has been granted promptly, at
times, OHCHR-Nepal has had to resort to requesting the intervention of the national leadership
in order to have access to some individuals held by CPN-M in Kathmandu Valley, with delays
of up to a week occurring in at least five cases as recently as December 2006.
491.
The 21 November CPA mandates the Office of OHCHR in Nepal to monitor the
implementation of the human rights provisions of the agreement, and requires both parties to
accept its reports, provide all information requested and implement recommendations. The
Office of OHCHR in Nepal has conducted a training of trainers programme for the Nepal Police
and is helping to develop a curriculum with the Human Rights Cell, which will incorporate the
issue of preventing and punishing torture for a programme to be conducted throughout the
country. OHCHR-Nepal has also conducted training of some APF personnel, which included
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