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| Elections in Nepal 2013 |
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| Constituent Assembly Election 2013: Monitoring Reports |
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| National Human Rights Commission |
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Compliance of Comprehensive Peace Accord urged
Today, the Comprehensive Peace Accord (CPA) has completed its 7th year since its landmark singing upon the conclusion of decade long armed conflict in the country and yetthere are many human rights related issues awaiting their meaningful address. In this regard, enthusiastic accomplishment of the 2nd Constituent Assembly election held on November 19th, 2013 has sent across a ray of hope among all the Nepalese citizens. The Commission is confident about the making of human rights friendly constitution via Constituent Assembly leading to full respect towards human rights in the country.
Despite the fact the CPAsignedthough the Interim Constitution of Nepal - 2007 and the provisions laid out therein has been materialized with the integration of Maoist combatants of the then CPN Maoists into Nepal Army, the incidents related to the transitional justice such as killing, torture and enforced disappearance have not beenaddressedeffectively.
The Office of the Commission, therefore, urges all concerned parties to address the issues related to the transitional justice with priority to garner respect towards human rights of the conflict victims through the would-be framed constitution as per the spirit and values of the CPA.
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| Source: National Human Rights Commission Nepal, Nov. 20, 2013 |
Respect People's Mandates
The Office of the National Human Rights Commission has carried out monitoring on the candidature nomination process in 31 different districts. The pre-election monitoring also took to various districts of the country followed by the monitoring inmore than 850 polling booths of 66 districts during the CA election held on November 19, 2013.
The election was held peacefully and in an environment free from fear as per the reports submitted by high level monitoring team and other teams deployed by the Office of the Commission.
In this regard, to thrust aside the election verdict upon having participated in the election including the votes counting process is indeed disregard towards the people's mandates. This is against the democratic norms and values. Such a tendency is going to be against the norms and values of the Universal Declaration of Human Rights ( UDHR ) - 1948, International Covenant on Civil and Political Rights ( ICCPR) - 1966, Covenant on Economic, Social and Cultural (ESCR) - 1966, other human rights related internationalcore conventions to which Nepal is a party including the Interim Constitution of Nepal - 2007. The Commission, therefore, urges all concerned parties to uphold the democratic norms and values including human rights thereby respecting the people's mandates.
Similarly, the Commission also urges all the political parties to engage in democratic and human rights friendly constitution making process to lead the nation towards sustainable peace as per the spirit and values of the historical people's movement of 2005/06, the Comprehensive Peace Accord and the Interim Constitution of Nepal - 2007.
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| Source: Source: National Human Rights Commission Nepal, Nov. 22, 2013 |
National Human Rights Commission's Monitoring report
The Office of the National Human Rights Commission, with a viewto ensure the CA election to be held in free and fair environment from human rightsperspectives,has instituted the special missions to expedite the monitoring activities on all three phases of electioneering process nationwide. The teams comprising the NHRC staff deployed in various districts have been conducting monitoring on the poll processes in accordance with the plan laid out to carry out monitoring in all seventy fives districts of the country.
The Office of the NHRC has accomplished the following activities:
• The Commission has carried out on-the-spot monitoring during the CA Member nomination registration in 31 districts.
• With the objective to urge the concerned to hold the election in free and fair manner, 9 press releases (including press notes) have been issued till date.
• During the nationwide monitoring accomplished ahead of the CA election, the NHRC teams have collected the information on the human rights situation in 70 (excludingSankhuwasabha, Solu, Dailekh, Jajarkot and Surkhet) districts of the country.
• The office of the NHRC has been working in due collaboration and coordination with various national and international organizations in order to ensure that election observation activities are performed in effective manner.
Facts collected by the Commission till date:
• The incidents of attack on the vehicles used by contesting parties and their candidates including arson, vandalism are rampant as per the NHRC monitoring report.
• Likewise, following the incidents of attack including bomb attacks perpetuated on the meetings and party cadres during the poll campaigns and also the general strike bandh called by the poll.opposing parties have infused doubtful situation among the general public looking forward to exercising their fundamental voting rights in free and fair environment.
• Despite the factthat the security arrangement is effectively stepped up across the country, state of panic among the general people is pervasive.
• Incidents of killing of political party leader and the candidates, arson and bomb hurled at their houses altogether have left impact on their election related activities. The doubt looms large as to whether their right to be elected in peaceful environment could be guaranteed amidst general citizens being in a state of shock and terror.
• At few parts of the country, the poll-protesting allies have been reportedly involved in looting of election publicity materials of the contesting parties.
• Most of the female voters mainly from the Tarai-Madhes districts have not beenprovided with voter education, report says.
• Though the political parties and their candidates evaded the use of children in the poll campaigns as compared to the past, the children are found used deliberately at few places. The children are used in poll campaigns in the districts including Dhading, Dhankuta, Doti and Mugu, as per the monitoring report. The NHRC has drawn the attention of the concerned parties towards this.
• The serious attention of the Commission has been drawn towards the incidents of Terhthum and Taplejung during the poll canvassing and the incident of bomb attack at Kumaripati of Lalitpur district injuring the children during the bandh called by the 33 party alliance.
• Despite the fact that there are more female voters than male across the country as opposed to their very low candidacy. If the report is anything to go by,the representation of women in the Constituent Assembly is likely to be lower thanit is expected.
• Following the first snow fall in few Himalayan regions including upper Mustang, the voters have descended to the lower plains to avoid chillness. Those people are most likely to be deprived of exercising their franchise in the CA election scheduled to be held in November 19, thus.
• The voters in two VDCs of Sindhupalchok have to cover a distance of four hour walk in order to reach the polling booth, the report says.
• The cadres of the political parties participating in the election are found fanatical with no tolerance spared for each other following the sporadic incidents of clashes between them in various parts of the country.
• Bombs and explosives are placed and abandoned at various program locations targeting to disperse the participants of the poll campaigns organized by the various political parties.
• Reports have poured in about the widespread breach of election codes of conduct by the major political parties. Reportedly, the election campaigns by most parties are held in schools. Not to mention, the poll campaigns are found extravagant and the excessive number of vehicles is used for campaigns contrary to the limitations specified by the Election Commission.
• The report has it that even people holding jobs like VDC secretary andteachers of various educational associations are found involved in election publicity campaigns of political parties in some districts. Similarly, journalists and poll observers are also found in the publicity campaigns organized by different political parties.
• The rights of general citizens to cast their votes infree and fair environment has been put into jeopardy due to the bandh program including the barring of vehicular movement by the 33 party alliance to shatter the holding of election.
• The Commission has time after time drawn the attention of all concerned including the political forces of the country and urged them to create an environment for dialogue and consensus to put an end to the activities including general strike and to pave way for the participation of citizens in the CA election.
• The complaint has been registered at the Commission with regard to the withholding of the arrest warrant notice to poll-opposing arrestees even after 24 hours of their arrest.
• No complaint has been submitted to the Commission with regard to the personnel of Nepal Army and Nepal Police deployed to discharge their poll duty. This shows the sensitivity of security agency about the respect towards human rights.
Analysis, Conclusion and Appeal
The preliminary monitoring reports received from across the country have revealed that there have been numerous obstructions faced by the general citizens to participate in the election in peaceful, free and fair environment. Mainly, self indulgence of the parties participating in CA election in ongoing violent activities including the activities of the party alliance opposing the election are, ipso facto, responsible for the emergence of such situation. In this concern, it is the duty of the government to hold the election in a peaceful environment and the political parties including other stakeholders should extend their support to the government in achieving that. It is the matter of rights of freedom of a person that guarantees whether to elect the person of his/her choice or to evade this process as per his/her wish. Similarly, it is the vital obligation of the state to create an environment in which the person is ensured of both of these rights. However, it is deemed necessary for rights holders to bear in mind to ensure that no rights of others are in any way violated while enjoying their own.
It is deemed necessary that all the parties ought to participate in such significant democratic process as Constituent Assembly election. Also, itis unfortunate from human rights perspective that amidst the deepening crisistaking about circumstantial turning point for a few political parties to have evaded their participationin such historically significant process as CA election which has apparently let in a space to the emergence of situation of uncertainty. Also, the program like general strike called in the name of boycotting the election has hit hard the daily life of general citizens and also affected their right to participate in the CA election in peaceful, free and fair environment. In such circumstances, it is urged to all the parties concerned to create the environment for dialogue and consensus and to put an end to the legacy of violent activities among the political parties, episodes of placing allegations against each other and prohibition of politics but follow the path leading to safe political journey.
The Office of the NHRC urges all the political parties to pledge support for the protection of human rights of the Nepalese citizens by creating an environment for holding the CA election in peaceful, free and fair manner and also to stop the perpetuation of activities such as attack and obstruction but to participate in healthy political rivalry that ultimatelyensures the respect for human rights of all citizens.
The NHRC also urges concerned parties not to bring the program such as bandh and strikes but to embark upon seeking solutions to the problems through dialogues and consensus.
The NHRC also urges the government and all concerned parties to enhance the peace and security arrangement and book those involved in criminal activities including those involved in flouting the election codes of conduct.
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| Source: Source: National Human Rights Commission Nepal, Nov. 13, 2013 |
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