even the Commission does not have easy approach to the security agencies, the Commission
experienced great difficulties in its work to protect human rights. The Commission receives
reports that most of the persons who have been arrested under suspicion of being involved
in Maoist activities are in military custody.When the necessary lawful process is not initiated
against a person who has been arrested for a crime but is kept in detention for an extended
period without even informing the family, a situation is created whereby people disappear.
The fact that the Royal Nepal Army is involved to a great degree with the question of
human rights violation in the present context is also reflected in the reports received at
the Commission. Since the Commission maintains contact with His Majesty’s Government,
there is no doubt that the proper way would be to correspond with it regardless of the
government agency that has violated human rights. However, whenever the subject has
concerned the army, the action taken by other government agencies has not been very
effective. The Commission cannot stand as a mute spectator to such a instances either. It is
the legal duty of the Commission to work for the protection of the human rights by using
all available ways and means. However, the truth stands before us that the Commission
faces immense hurdles in its efforts to protect human rights even when being in direct
contact with the Royal Nepal Army.
In this connection, the Commission has presented to His Majesty’s Government a set of
recommendations regarding the minimum steps that need to be respected even in times of
conflict in order to safeguard human rights. The government responded by issuing a
declaration on 26 March 2004 stating its commitment to the implementation of human
rights and international humanitarian laws. The Commission has taken this positively, and
has also prepared and sent to the government a separate set of recommendations regarding
the minimum steps that need to be taken to translate this pledge into effective practice.
The Commission is waiting to see that implementation.
As in the past years, the Commission has persisted with its duties by conducting spot
investigations wherever human rights violations have been reported. It has monitored the
human rights situation in different districts, besides working for the promotion of human
rights. The Commission has also provided suggestions and recommendations concerning
various subjects to the government. The problem regarding their effective implementation,
however, remains.
The Commission has been steadfast in its stand that the Maoists should respect human
rights. It has maintained a record of Maoist atrocities, and has always condemned any act
committed by them against human rights. The Commission has also sent separate
recommendations regarding the actions they need to take to show their respect for and
safeguarding of human rights. However, the Commission has received no information about
any effort made by them to demonstrate their respect for human rights.
The Commission acknowledges the tremendous support it has been receiving from NGOs
involved in the human rights sector. They have been a big help to the Commission by
providing inspiration, aiding it with investigations, providing information about instances of
human rights violations and so forth. The Commission has also been providing regular
training on varied aspects of human rights to their staff. The training on human rights