ANNUAL REPORT 2004 As in the past, there has been an increasing number of complaints at the Commission relating to disappearances, abduction, torture and illegal arrests. If the Maoists are continuing to kill ordinary citizens on charges of being informers, the state, too, has not been embracing the legal procedures as required by the rule of law, leading to incidents of arrests, killings and torture. All this has resulted in the growing number of incidents related to human rights violation. Ordinary people have been badly affected by the use of children as shields, abductions, torture, confiscation of property, closure of educational institutions and blockades on vehicular traffic. The killings, violence and destruction have complicated the conflict situation. Although the state and the Maoists have verbally committed themselves to human rights and humanitarian laws, their activities do not show this in practice. Investigations carried out by the Commission on the incidents that took place at Doramba, Nagi and Siraha during the second cease-fire show that both the state and the non-state actors are not committed to human rights and humanitarian laws. If the present armed conflict cannot transform itself through peaceful means, there could be a major rise in serious human rights violations such as killings, arbitrary arrests, inhumane torture, abductions and disappearances. Since this could lead to a point where the whole human rights situation becomes unteneble, it is essential that all those concerned become sensitive to the issue.The Commission is of the opinion that the conflict should be managed through peaceful means. The state, non-state actors and the civil society should, thus, cooperate with the Commission. If the help is not forthcoming, the Commission’s initiative at peacefully transforming the present conflict so that there is respect for, protection and preservation of and adherence to human rights will face grave challenges. 7.2.2. Human rights protection For the protection of human rights, the Commission has been, as per the Human Rights Act 2053, taking action on various cases of human rights violations brought to the fore either at the initiative of the Commission itself or reports appearing in various newspapers or petitions filed by different organisations.The Commission has also been seeking punishment for the violators of human rights and compensation for the victims. Regarding these petitions, the Commission has been writing to the different agencies and departments of HMG to notify as well as to seek the necessary assistance. However, inability to get the desired response and an uncooperative attitude towards the Commission have posed a big challenge in the protection of human rights. Given the growing number of incidents related to human rights violations as a result of the more than eight-year-long conflict, the limited resources, materials and access are inadequate for human rights protection activities. In view of this grave situation, if the government is unable to provide the necessary assistance to the Commission, protecting human rights will be extremely challenging. The Commission has been moving ahead despite the numerous challenges it faces in carrying out its responsibilities as granted by the Nepal Human Rights Commission Act 2053. During this report period fraught with incidents of killings, violence and declaration of a state of emergency which has resulted in the suspension of all human rights granted by the Constitution, the Commission had to pass through a testing time to identify its appropriate 75