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Nepal: Overturning the Legacy of War - priorities for effective human rights protection

Mon, 12 May 2008 13:16:19 +0100

As Nepal's new Constituent Assembly (CA) members prepare to take their seats following the 10 April elections and with the formation of a coalition government expected within weeks, Amnesty International calls on the CA members to fulfil their election pledges to build a “New Nepal”, seizing the historic opportunity to place human rights protection at the heart of their work.

The mass people’s movement of April 2006, the Jana Andolan, precipitated high expectations of renewed respect for human rights in Nepal. However within a climate of persistent impunity, these expectations are yet to be fulfilled.

Amnesty International recognizes the enormous economic and social challenges that the new CA and future coalition government faces, but believes that now is the moment to commit in earnest to the delivery of effective human rights protection for all in Nepal.

Based on the findings of an extensive and wide-ranging visit in February and March 2008, Amnesty International sets out a selection of key priorities for action by the future government and incoming CA, including accountability for past abuses, human rights-based security sector reform, protection and inclusion of minority groups, and urgent steps to stop violence against women.

1. Time to Renew Commitment to Human Rights

The successful holding of elections for the CA is an important milestone for Nepal. The new Assembly is charged with drafting a new Constitution and has an opportunity to ensure the process of constitutional change in Nepal is inclusive, participatory and aimed at the realisation of the human rights of all Nepali people.

Amnesty International calls on the new Constituent Assembly and Government to ensure:

women and marginalized groups are adequately consulted in the Constitution-drafting process;
the Constitution must ensure that human rights principles are implemented in law, policy and practice, including through training of officials, the establishment of human rights monitoring mechanisms and cooperation with international human rights monitoring bodies.

2. Accountability for Past Abuses

Amnesty International calls on CA members to create a comprehensive national accountability Plan of Action to ensure that the truth is told, that justice is done, and that reparation is provided to all the victims of human rights abuses and violations of international humanitarian law that occurred during and after years of prolonged armed conflict.

The current draft Bill to establish a Truth and Reconciliation Commission (TRC) should not be submitted to Parliament until it is consistent with Nepal’s obligations under international law. Amnesty International is gravely concerned by initiatives to establish an amnesty for serious human rights violations which threatens to reinforce impunity and undermine the rights of victims. International law clearly prohibits the granting of amnesties for crimes against humanity, war crimes, torture, extrajudicial executions and enforced disappearances.

The CA has an opportunity to widen national consultation on the establishment, mandate and powers of the future TRC. The new CA needs to listen to victims’ groups who have identified their central need as accountability for past human rights violations. There is a continuing risk that without wide national consultation the TRC members will be appointed and their work defined without the transparency and independence necessary to guarantee an independent process.

Amnesty International calls on the new Constituent Assembly and Government to:

ensure national law is reviewed and amended to enable national authorities to investigate and prosecute, in accordance with the highest standards of international law, crimes under international law, including crimes against humanity, war crimes, torture, extrajudicial killings and enforced disappearances;
grant all victims of serious violations of international human rights and humanitarian law full reparations, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, in accordance with international law and standards;
ensure that any legislation and related regulations for the establishment of a Truth and Reconciliation Commission are only adopted following a comprehensive process of consultation with all those concerned, including civil society organizations, both Nepalese and international, victims, human rights defenders, persons belonging to minorities and vulnerable groups, and others.They should be able to suggest names and conduct a careful evaluation of the qualification and experience of each candidate being considered;
ensure that legislation establishing a Truth and Reconciliation Commission does not include any amnesties for international crimes whereby perpetrators may avoid justice;
ratify the Statute of the International Criminal Court without delay.

2. Security Forces and Human Rights

In order to address Nepal’s legacy of armed conflict and the causes of systematic and widespread human rights abuses, the CA should undertake a comprehensive review of Nepal’s security forces.

The review should ensure firm control of all security forces by civilian authorities. The future of combatants of both sides of the internal conflict requires careful discussion. There are currently two armies in Nepal; the Nepal Army (NA) and the Maoist People’s Liberation Army (PLA). Given the fact both the NA and the PLA committed human rights abuses during the armed conflict accountability of these institutions under a civilian oversight body is urgent.

The Armed Police Force (APF) was set up in early 2001 by the state as a counter insurgency force. As such the APF is poorly trained for civilian policing and its function requires careful review. The security forces, in particular the Armed Police Forces (APF), responded to anti-state demonstrations in Terai in February 2008 with excessive use of force. Amnesty delegates met victims’ groups in Nepalgunj who shared their eyewitness accounts of the policing of a demonstration on 17 February 2008 when at least one person was killed and over 27 people were injured when the police fired at crowds using metal bullets.

Maoist forces include the Young Communist League (YCL). The YCL acts as a parallel justice system; there are also reports of the YCL intimidating political opponents and targeting critical journalists.

In the course of 2007, the failure of state institutions, including the police, to protect the lives and security of people has become increasingly apparent. The new members of the CA must prioritize the strengthening of the Nepal police service in recruitment, selection and training.

Marginalized groups have raised demands for better representation in the Police. An agreement between the Madhesi groups and the government in August 2007 laid out the principles that the Police should be representative of the community according to key criteria, including race or ethnic group, women and men, language and religion. Minority communities must be adequately represented, and individuals from these groups must be able to pursue their careers fairly and without discrimination. According to Saferworld, at the time of the signing of the CPA in November 2006, the Nepal Police consisted of approximately 50,000 officers; of this only 0.2 percent were drawn from the Dalit community or other underrepresented caste/ethnic groups.

The redeployment of the national police since the internal conflict has failed to reassure the public about security as the police continue to lack adequate communications, transport, arms, offices and accommodation. The security vacuum that has emerged in the Terai as a result of poor public security has allowed armed groups to commit human rights abuses with impunity. The presence of over a dozen armed groups has now been reported in the Terai including the Janatantrik Terai Mukti Morcha (JTMM) led by Jaya Krishna Goit (JTMM-G) and the Jwala Singh (JTMM-J) faction. Human rights activists told Amnesty International delegates who visited the region in February that political interference in the release of detainees particularly members of criminal armed groups is the norm and that in many areas of the Terai local police chiefs will not take action against suspects of armed group activity without the approval of the Seven Party Alliance Committees.

Amnesty International calls on the new Constituent Assembly and Government to:

ensure that the Army, police and all other security forces are accountable to civilian authorities;
establish an independent complaints authority as a measure to ensure public accountability of the police. Such a body should be able to function at the local level and be given the powers to carry out continuous assessments of the police’s own measures to ensure compliance with national and international regulations on the use of force, to prevent torture and corruption; to record complaints; investigate incidents on its own volition and carry out research into issues related to policing. It should ensure vetting of new and current recruits to ensure adherence to, human rights and professional standards within the Police;
ensure any recruitment into the security forces, including of former members of the Young Communist League (YCL), must involve extensive training in international human rights standards and their application to policing;
ensure that Nepal Police and the Armed Police Force (APF) are representative of the community; that working conditions are non-discriminatory; and that career development and other opportunities are based on merit;
ensure that the Police only use force when strictly necessary and only to the minimum extent required under any circumstances;
ensure that independent inquiries into the police response and use of excessive use of force in the context of the Madhesi Andolan are conducted and any police officers who are suspected of having used excessive force against protesters should be prosecuted.

3. Marginalized groups: a need for protection and inclusion

Long-standing discrimination on the basis of caste, gender and ethnicity emerged as a critical issue in the peace process. The Comprehensive Peace Accord (CPA) of November 2006 commits all parties to a spectrum of civil, political and economic rights including ending discrimination. This commitment inspired a range of identity based movements demanding better inclusion in state structures particularly in the Terai in southern Nepal. The Madhesi Andolan (Uprising) of January and February 2007 was perhaps the most significant in terms of raising concerns of persistent political and social exclusion, but there have also been similar demands for better representation in state institutions by Tharus (mostly in Western Terai) and Limbus (Eastern Terai) amongst others.

Nepal has obligations under international law with regard to non-discrimination. The United Nations High Commissioner for Human Rights (OHCHR) in her second report to the Human Rights Council in January 2007 highlighted the right of individuals to participate in the conduct of public affairs directly or through chosen representatives.

A human rights activist told Amnesty delegates; “the Comprehensive Peace Agreement, the Interim Constitution and the 22-point agreement with Madhesi Janadhikar Forum (MJF) have guaranteed proactive compensatory measures to ensure proportional representation of various marginalized communities including Madhesis, at all levels of the three state organs - executive, legislature and judiciary”. However a number of interviewees complained of the gap between this promise and delivery blaming the inability of mainstream political actors to bring marginalized groups into the peace process as a factor fuelling conflict.

The issue of political participation and representation precipitated an indefinite strike by the United Democratic Madeshi Front (UDMF) in the Terai on 13 February 2008. The strike closed government offices, disrupted public services, and led to the imposition of curfews in certain districts. Clashes between Madeshi protestors and the security forces resulted in at least 5 deaths. Both international and domestic human rights organisations have raised concerns about the excessive use of force in the policing of demonstrations in the Terai.

The Citizenship Act adopted in 2006 enabled more than 2 million people to obtain citizenship certificates, including many in the Terai. This was a welcome move but long-term measures to address ongoing concerns about discriminatory provisions for women and certain Madhesi, Dalit and Muslim communities who were unable to gain certificates need to be addressed.

Amnesty International calls on the new Constituent Assembly and Government to:

create enabling legislation to ensure that discrimination on the basis of race, sexual orientation or ethnic group is not being promoted and to improve legislative effectiveness in eliminating such discrimination;
ensure the right of traditionally marginalized groups to participate in State mechanisms;
urgently consider legislation to resolve the rights of non-citizens.

4. Violence Against Women: a human rights scandal

Violence against women is a serious problem across Nepal. Many women and girls are afraid to report rape and other forms of violence, not only because of hostility and stigma from their community, but also due to state inaction in ensuring the investigation, prosecution and punishment of perpetrators through the justice system.

Women’s human rights defenders face particular risks when they defend the right to life and freedom from sexual and other violence. Amnesty International delegates were told by a number of women human rights defenders that due to the lack of security in the Terai women are extremely vulnerable to gender based violence. Reported violations include rape by members of armed groups; violence in the family including battering by intimate partners; rape; dowry deaths; and other violent and discriminatory cultural practices against women.

The state’s duty to protect women from violence is explicitly stated in the UN Declaration on the Elimination of Violence against Women. States should pursue by “all appropriate means and without delay a policy of eliminating violence against women" (Article 4). Under international human rights law, the state has an obligation not only to ensure that its agents and officials do not commit violence against women, but also to protect women from violence committed by private individuals and bodies including members of their own families and communities.

Amnesty International calls on the new Constituent Assembly and Government to:

recognize and protect women's human rights including the right to life, the right to be free from discrimination and all rights that protect women from gender-based violence;
implement all international and regional treaties, declarations, resolutions and recommendations aimed at condemning, prohibiting and preventing all acts of violence against women;
ensure that law enforcement personnel and other government agents are made fully aware that rape of women in their custody is an act of torture and must not be tolerated under any circumstances;
encourage and support the establishment of shelters and other facilities for women survivors of violence, in consultation with women’s rights organizations.

Nepal threatens Olympic protesters

Tue, 22 Apr 2008 16:14:30 +0100

Nepal's threat to use violence to prevent anti-China protests when the Olympic torch reaches Mount Everest has been condemned by Amnesty International.

The Nepali Home Ministry has pledged to use "force, including gunfire… to prevent anti-China protests" when the Olympic torch relay arrives on Mount Everest in early May. The threats follow earlier crackdowns on peaceful pro-Tibetan protesters, which were unconstitutional. Since 10 March over 2,000 people have been arbitrarily detained.

The Nepali government is extending illegal police actions against Tibetans in Nepal and systematically violating their fundamental rights to liberty, due process and freedom of movement, assembly and expression.

"Members of the Tibetan refugee community have in recent days faced increasingly punitive police measures designed to muzzle free speech, including threats of arbitrary deportation to China. Statements threatening the use of lethal force represent an unacceptable escalation," said Amnesty International.

The Nepal authorities must ensure that its officers are adequately equipped and trained to employ non-violent means of crowd control before resorting, where strictly necessary, to the use of force. Firearms may only be used as a last resort where lives are at risk. The government must also ensure that its officers are subject to strict regulations regarding the use of such methods and are tied to a strict system of accountability.

Amnesty International has called on the Nepali government to police demonstrations in line with the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force.

Nepal: Amnesty International urges authorities to ensure security as more deaths reported before national elections

Wed, 09 Apr 2008 12:56:26 +0100

Amnesty International expressed grave concern at the escalation of killings and arrests in Nepal in advance of national elections tomorrow, Thursday, 10 April.

Amnesty International said: "The last two weeks have been marked by growing violence, including attacks by armed groups, intimidation of political candidates and reports that the Young Communist League and others have harassed voters in several districts. Supporters of all major political parties have been involved in a number of street demonstrations leading to, at times, violent confrontations.

"This election is a turning point for Nepal. It is an opportunity to put an end to years of violence and work towards a new kind of political future. We urge the authorities to ensure public safety and security for the elections and call for all parties to abide strictly by the Election Commission code of conduct," said Amnesty International.

Seven Maoist cadres are reported to have been killed by security forces during clashes between rival party supporters in Dang district, and another Maoist cadre was killed in Surkhet district this morning (9 April), again reportedly by security forces.

On 8 April Rishi Prashad Sharma, a candidate for the Communist Party of Nepal (United Marxist Leninist) was shot dead by unknown gunmen near the south eastern town of Nepalgunj.

These are the first national elections in Nepal since 1999. Many Nepalese have been looking forward to voting into power a new assembly which they hope will write a new constitution for the country and turn the 240 year old monarchy into a federal republic.

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For more information please call Amnesty International's press office in London, UK, on +44 20 7413 5566 or email: press@amnesty.org

International Secretariat, Amnesty International, 1 Easton St., London WC1X 0DW, UK www.amnesty.org

Hundreds of Tibet protesters arrested in Nepal

Mon, 24 Mar 2008 19:22:17 +0000

Over 400 people were arrested in Nepal on Monday as the authorities clamped down on peaceful demonstrations against Chinese human rights abuses in Tibet.

"Nepal is sending a message of no-tolerance of dissent by arresting peaceful demonstrators," said Amnesty International, cautioning that the latest wave of repression extends beyond Tibet-related protests. "This is the latest in a series of clampdowns on peaceful demonstration as elections approach."

In one incident in the capital Kathmandu, activists were detained ahead of an Amnesty International Nepal vigil on Tibet. At 13:55 local time, 17 activists were detained in Maitiyala Mandala and taken to Singha Durbar Police Station. No reason has been given for their arrest.

Those arrested included: Rameshwar Nepal, Director of Amnesty International Nepal; Sushil Pyakurel, former Commissioner of the National Human Rights Commission; Govinda Bandi, lawyer and member of the International Commission of Jurists; and other activists, including four from the Tibetan community and a number of Amnesty International members.

"The authorities' interference in peaceful protests by Tibetans and other human rights activists is unconstitutional," said Amnesty Inetrnational. "The move by the District Administration to prevent a peaceful demonstration from taking place is against Article 12 of the Constitution of Nepal. There are also no legal grounds to pre-ban demonstrations."

Amnesty International has reiterated its call for the Chinese government to allow an independent UN investigation into the events in Tibet which prompted demonstrations in Nepal. It also called on the Chinese government to address the underlying grievances of the Tibetan people and long-term policies that have generated such resentment.

Nepal: Clampdown on Tibet demonstrators must stop immediately and protesters released

Mon, 24 Mar 2008 16:42:24 +0000

Amnesty International called on the Nepalese authorities to immediately and unconditionally release all those arrested in connection with demonstrations on Tibet.

It is estimated that more than 400 people have been arrested today in connection with a number of protests on Tibet around Nepal.

In one incident, activists were detained ahead of an Amnesty International Nepal vigil on the human rights situation in Tibet. At 13:55 hrs local time, 17 activists were detained in Maitiyala Mandala, Kathmandu and taken to Singha Durbar Police Station. No reason has been given for their arrest.

Detainees included: Rameshwar Npal, Director of Amnesty International Nepal; Sushil Pyakurel, former Commissioner of the National Human Rights Commission; Govinda Bandi, lawyer and member of the International Commission of Jurists; and a other activists, including four from the Tibetan community and a number of Amnesty International members.

"The authorities' interference in peaceful protest by Tibetans and other human rights activists is unconstitutional," said Amnesty International.

"The move by the District Administration to prevent a peaceful demonstration from taking place is against Article 12 of the Constitution of Nepal. There are also no legal grounds to pre-ban demonstrations."

Amnesty International reiterated its call for the Chinese government to allow an independent UN investigation into the events in Tibet which prompted demonstrations in Nepal. It also called on the Chinese government to address the underlying grievances of the Tibetan people and long-term policies that have generated such resentment.

Note to editors

To arrange an interview with Yolanda Foster, AI's researcher currently in Kathmandu and eye-witness to the arrests in Maitiyala Mandala, please contact +44 7778 472 126.

According to official figures, over 14,000 exiled Tibetans reside in Nepal (the figure is estimated to be closer to 20,000). Many have restricted rights.

Nepal: need for respect for human rights in policing

Wed, 20 Feb 2008 18:19:29 +0000

Amnesty International is concerned that Nepal’s police are using excessive and lethal force during ongoing demonstrations by members of the Madhesi community. Yesterday the police were reported to have fired at a group of protestors in Siraha district in the Terai, killing a 22-year-old protester.

Amnesty International calls on the Nepali Police and Armed Police Force to only use force when absolutely necessary to save lives.

“We recognize that the Nepali police are trying to contain what in some cases have been violent protests. However, by firing live ammunition into crowds and beating demonstrators after their arrest, the police have gone beyond what is acceptable use of force in situations such as this,” said Tim Parritt, Deputy Director of Amnesty International’s Asia-Pacific programme. “At times the police showed restraint when faced with crowds throwing stones, but in other cases the police appear to have used disproportionate and excessive force despite assurances from the Home Ministry that security forces had been instructed to show maximum restraint,” he said.

Under international standards, law enforcement officials are required as far as possible to apply non-violent means before resorting to the use of force and firearms.
If the use of force and firearms is unavoidable, Principle 5 of the UN Basic Principles states that officers must exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved.

The government must immediately send clear instructions to the police only to use proportionate force, conduct an independent and impartial inquiry into the police killing and beatings, and prosecute any police officers who are suspected of having used excessive force against protesters.

Amnesty International calls on the organizers of the protests, including the United Democratic Madhesi Front, to ensure their members and supporters show due restraint and responsibly exercise their right to peaceful protest.

Public Document
****************************************
For more information please call Amnesty International's press office in London, UK, on +44 20 7413 5566 or email: press@amnesty.org
International Secretariat, Amnesty International, 1 Easton St., London WC1X 0DW, UK
www.amnesty.org

Nepal police target protesters

Wed, 20 Feb 2008 18:33:41 +0000

Nepal’s police are using excessive and lethal force during ongoing demonstrations by members of the Madhesi community. On Tuesday, the police were reported to have fired at a group in the Siraha district in Terai, killing a 22-year-old protester.

Amnesty International has called on the Nepali Police and Armed Police Force to only use force when absolutely necessary to save lives.

“We recognize that the Nepali police are trying to contain what in some cases have been violent protests. However, by firing live ammunition into crowds and beating demonstrators after their arrest, the police have gone beyond what is acceptable use of force in situations such as this,” said Tim Parritt, Deputy Director of Amnesty International’s Asia-Pacific programme.

“At times the police showed restraint when faced with crowds throwing stones, but in other cases the police appear to have used disproportionate and excessive force despite assurances from the Home Ministry that security forces had been instructed to show maximum restraint.”

Under international standards, law enforcement officials are required as far as possible to apply non-violent means before resorting to the use of force and firearms.

If the use of force and firearms is unavoidable, Principle 5 of the UN Basic Principles states that officers must exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved.

The government must immediately send clear instructions to the police only to use proportionate force, conduct an independent and impartial inquiry into the police killing and beatings, and prosecute any police officers who are suspected of having used excessive force against protesters.

Amnesty International has called on the organizers of the protests, including the United Democratic Madhesi Front, to ensure their members and supporters show due restraint and responsibly exercise their right to peaceful protest.

Nepal: Solidarity brings prospect of permanent peace

Tue, 27 Nov 2007 11:32:00 +0000

by Dikshya Thakuri (human rights correspondent at The Himalayan Times, an English daily in Nepal)

The Nepalese people finally got an "historic victory" after a nineteen-day mass movement for democracy that claimed many lives. Having witnessed a decade-long armed conflict between the Communist Party of Nepal (Maoist) and previous governments, the entire nation is now holding its breath for the crisis to permanently resolve.

The reinstated House of Representatives announced its Proclamation on a Parliamentary session on 18 May, thereby acknowledging the people’s victory and stating that its declaration was written with the blood of the martyrs who sacrificed their lives in the movement. The Proclamation stripped the Monarchy of its executive power, declared Nepal a secular state and brought the Royal Nepal Army (RNA), which was enjoying unbridled freedom and emboldened by its direct affiliation with the all-powerful palace, under the Parliament’s control. RNA is now called Nepal Army and His Majesty’s Government of Nepal has been replaced by the Government of Nepal.

The Parliament also announced that there would be an election to the Constituent Assembly, a key demand of the CPN (Maoist), who have been waging a war for a decade now. The election to the Constituent Assembly is expected to decide the fate of the monarchy depending on the people’s wishes -- whether they want a republican state or a democracy with a ceremonial monarch. This particular step taken by the Parliament is of great significance, since the Maoists have made no bones about getting rid of the Monarchy and going for a republican state since their inception in February, 1996. The decade-long conflict, also known as the "People’s War", has claimed over 13,000 lives in the country.

King Gyanendra dissolved the House of Representatives in May 2002 and assumed executive powers on 1 February, 2005, an action that further deepened the country’s crisis and forced Nepal’s seven prominent political parties and the Maoists to align against the King, whose rule history will undoubtedly judge as a repressive one. Their 12-point agreement (a Roadmap for peace and democracy), agreed on 22 November, 2005, played a crucial role in their fight against what they described as autocracy.

Although ten years of war is not a short time by any standards, the Maoists’ and seven political parties’ willingness to give in to the people’s wishes could forecast a sound political climate. However, the present political development was not an overnight achievement, although the people’s movement for democracy forced King Gyanendra to relinquish his direct rule on 24 April, 2006.

There was a much bigger force than the seven political parties and the Maoists behind the success of the movement for democracy. The nationwide strike from 6 to 9 April, 2006, led by the political parties and backed by the Maoists, which transformed into a massive people’s movement, was just a part of the bigger picture.

Solidarity, at a critical juncture, among all factions of society -- from the civilians, civil society, media, judiciary, political parties, Maoists and the international community’s pressure made the movement a success. However, the movement was merely a catalyst for change. Awareness campaigns advocated by the civil society, local and international human rights bodies and the media helped educate people at the grassroots level about their rights.

On a similar note, the international community played a crucial role in exerting pressure and criticism on both the previous governments and the Maoists for human rights abuses such as extra-judicial killings, excessive use of torture, abduction, illegal detentions and disappearances. The global community’s pressure on the Royal regime during the movement was equally striking. Subsequently, Nepalese people’s awareness of fundamental rights and human rights consciousness during the insurgency played a key role in their fight for justice, peace and freedom.

Thus, the collective roles of all sections of society and the international community during the insurgency and the movement cannot be undermined. Had it not been for their consolidated roles, the awareness level among the people would have been negligible and the movement at this stage would have been unthinkable.

Following the movement and the revival of the House of Representatives, the government formed a Commission for Inquiry headed by former justice of the Supreme Court Krishna Jung Rayamajhi to probe human rights violations, abuses of power and misappropriation of state funds by the former government functioning under the King Gyanendra’s regime. The commission was formed to investigate abuses from February 2005 through April 2006 and make recommendations to the government to take appropriate legal action against the violators.

On May 12, 2006, the government detained five former ministers and suspended three security forces’ heads on allegations of abuse of authority and excessive use of force and human rights violations to suppress the movement. On 4 June, former Foreign Minister Ramesh Nath Pandey, former Information and Communications State Minister Shrish Shumsher Rana and former Assistant Health Minister Nikshya Shumsher Rana were released following a Supreme Court order terming their arrests illegal. The two others detained -- former Home Minister Kamal Thapa and former Local Development Minister Tanka Dhakal -- filed habeas corpus petitions before the Supreme Court on 5 June challenging the legality of their detention.

The government, however, came under flak for the preventive detention of former ministers. The international community including international rights watchdogs came down heavily on the government for following in the footsteps of the Royal regime by using the Public Security Act to keep political opponents in preventive detention.

Heads of security bodies who were suspended from service include former Inspector General of the Nepal Police Shyam Bhakta Thapa, former Inspector General of the Armed Police Force Sahabir Thapa, and former National Investigation Department head Devi Ram Sharma. Surprisingly, the government has not taken any action against the Nepalese Army Chief Pyar Jung Thapa who is still enjoying his tenure.

As a mark of tribute, 21 people who lost their lives during political demonstrations this year were officially declared martyrs on 4 June 2006. This gesture has been well received in Nepal.

However, there are many challenges lying ahead. The government of Nepal, Parliament, Maoists and civil society -- all have a task in hand to maintain the equilibrium and take the country to a new direction. The road to success does not end with stripping King Gyanendra of his power, empowering the Parliament, removing the "terrorist" tag from the Maoists, announcing the much demanded election to the Constituent Assembly and declaring Nepal a secular state. It lies in the new government's ability to capitalise on the ripe political climate, a window of opportunity, available now. Much needs to be done and the country has a long way to go.

The declaration of truce by both the government and Maoists and the ongoing peace talks have been welcomed by all concerned. The outcome of the first round of peace talks held on May 26 was the 25-point code of conduct signed by government negotiation team leader and Home Minister Krishna P Sitaula and Coordinator of the Maoist negotiation team Krishna Bahadur Mahara.

Allowing national and international teams to monitor the ceasefire, cessation of armed activities and hostilities during ceasefire, a pledge to publish the whereabouts of those who have “disappeared” and to release political detainees are some of the key elements of the pact.

On the other hand, the Maoists have strongly been demanding the dissolution of Parliament and the formation of an interim government. Their argument is that the House of Representatives neither enjoys the people’s current mandate nor does it represent a majority of those who made the movement successful. Maoist leadership Prachanda’s warning that the conflict will intensify if the House is not dissolved should not be ignored. However, his stance that his party does not even want to think about the failed peace process and his optimism concerning the negotiations reflect the Maoists’ commitment for peace.

Nepal could indeed set an example to all the war-ravaged countries throughout the world if both the parties collectively end the war and make their Roadmap for peace and stability a success. All are hopeful that the much talked peace process will not crumble like the failed peace talks in 2001 and 2003.

Permanent peace in Nepal, once a far fetched dream, cannot be brushed aside going by the recent turn of events. Everybody, including the international community, had been demanding an end to the decade-long conflict in Nepal, but no one had expected that the efforts for peace by the civilians, political parties and the Maoists would be so swift.

This article was written by an outside contributor and does not necessarily reflect Amnesty International views. Copyright remains that of the author who is willing to allow free republication in the media.