European Parliament

Total Page:16

File Type:pdf, Size:1020Kb

European Parliament EUROPEAN PARLIAMENT 2004 2009 Session document 21 February 2005 B6-0130/◄2005 MOTION FOR A RESOLUTION with request for inclusion in the agenda for the debate on cases of breaches of human rights, democracy and the rule of law pursuant to Rule 115 of the Rules of Procedure by Nirj Deva, Charles Tannock, Thomas Mann, Geoffrey Van Orden and Simon Coveney on behalf of the EPP-ED on ◄Nepal PE 356.281 B6-0130/2005 European parliament resolution on Nepal The European Parliament, A. whereas in May 2002 HM King Gyanendra of Nepal dissolved Parliament on the recommendation of the then Prime Minister Deuba, requesting the Prime Minister to hold a general election by November 2002, whereas a European Parliament delegation was nominated to observe the elections scheduled for November 2002, whereas,however, these elections could not be held owing to a lack of security caused by the activities of the self- professed Maoist guerrillas, B. noting that the Prime Minister, whose sole mandate as per the Nepalese Constitution had been to create a stable environment conducive to holding general elections and to bringing the guerrillas into a restricted settlement, asked that his caretaker government's tenure be extended for a further 14 months and that the King was compelled to dismiss him in October 2002 owing to his inability to carry out this mandate, subsequently, according to a provision in Article 127 of the Nepalese Constitution, appointing Prime Minister Chand, later Prime Minister Thapar, and then re-appointing Prime Minister Deuba to fulfil this same mandate, C. noting that the guerrillas had 9 seats in the first Nepalese Parliament after the restoration of the multi-party system in 1990, yet in the second general election in 1994, they failed to secure a single seat in the House of Representatives, D. having regard to King Gyanendra's unconstitutional assumption of sole and absolute power in Nepal in February 2005 and his suspension of basic human rights such as the freedom of movement, assembly and of the press, jailing hundreds of political opponents, including Prime Minister Deuba, all other senior political figures, students, lawyers, journalists and human rights activists, in breach of the International Convention on Civil and Political Rights, to which he is a signatory, causing grave concern amongst human rights organisations as to their safety, E. having regard to King Gyanendra's recent actions encapsulated in his statement that "democracy and progress contradict one another" and whereas it is clear that the King has erroneously played into the hands of guerrilla rebels and may have driven democratic politicians and guerrillas closer together, whilst politicians and the King should have been working together to bring these rebels to justice, F. noting that the average annual income in Nepal is $240 with 42% of the population living below the poverty line and that the governments of Britain, US and India, concerned that the King's recent takeover of power is a coup, are reconsidering all foreign aid to Nepal; G. concerned that, following nearly a decade of guerrilla insurrection, neither the Army nor HM King Gyanendra acting together with politicians have been capable of destroying the Nepalese guerrilla, who appear, through extortion, intimidation and violence, to have extended their influence over two thirds of the country, although in reality they number no more than ten thousand terrorists, PE 356.281 1. Is gravely disappointed that successive Governments and political leaders could neither secure the stability of the country, nor, provide the conditions for holding elections and considers the three-year wait before elections as too long; urges the King and all the political parties in Nepal to work together to carry out free and fair general elections before this point; 2. Welcomes the release of seven political prisoners from house arrest, however, urges King Gyanendra to cooperate with the international community to restore basic human rights, the rule of law and democracy, by ceasing the detention and house arrest of political opponents, restoring the freedom of the press, preventing the 'disappearances' of his subjects, bringing to justice all those responsible for human rights violations in Nepal and offering jobs and security to its people, with an emphasis on combating corruption; 3. Calls upon politicians to place human rights and democracy for Nepal ahead of their respective political agendas, ultimately putting Nepalese interests first and acting to establish the much needed cooperation between themselves and the King and to launch a sustained media campaign to publicise human rights progress and renewed political co-operation, whilst exposing the insurgents brutality in order to win the support of their sympathisers; 4. Urges the United Nations Commission on Human Rights to appoint a Special Rapporteur to monitor the human rights situation in Nepal at its Geneva meeting in March 2005; 5. Calls upon the European Union to continue funding Conflict Resolution programmes in Nepal but to review the rest of its aid programme in the event of continuing human rights abuses; 6. Urges the guerrillas to stop their violence and come to the negotiating table, as favoured by 96% of the Nepalese public, and urges the Nepalese King to strive to regain control of the key villages around Kathmandu, offering amnesty to insurgents who renounce the rebellion; 7. Urges the Chief District Officer (CDO) of the Kathmandu district to reverse his instruction to close immediately the Tibet Refugee Welfare Office (TRWO) and the representative office of the Dalai Lama in Kathmandu, both indispensable institutions for Tibetan refugees escaping from their homes and crossing Nepal in order to find refuge in India; 8. Instructs its President to forward this resolution to the European Commission, the Council of Ministers, King Gyanendra of Nepal, the Government of India, the Secretary General of the United Nations Organisation. PE 356.281.
Recommended publications
  • Nepal – Without a Parliament and Laws on Torture and Forced Disappearance, the Office of the OHCHR in Nepal Cannot Fulfil Its Work for Human Rights
    December 7, 2005 Ms Louise Arbour High Commissioner for Human Rights OHCHR-UNOG 8-14 Avenue de la Paix 1211 Geneva 10 SWITZERLAND Fax: +41 22 917-9012 Open letter to the UN High Commissioner for Human Rights to mark International Human Rights Day 2005 Dear Ms. Arbour, Re: Nepal – without a Parliament and laws on torture and forced disappearance, the Office of the OHCHR in Nepal cannot fulfil its work for human rights On the occasion of the December 10, 2005 International Human Rights Day, the Asian Human Rights Commission (AHRC) wishes to highlight the continuing flagrant abuses being perpetrated in Nepal and request your intervention regarding specific issues. AHRC welcomes the establishment of the Office of the High Commissioner for Human Rights in Nepal and commends you for your commitment and efforts in brining about this much-needed development. AHRC was involved in efforts to lobby for the establishment of this office and notes with satisfaction that it is now functioning and well staffed. The reported agreement between the CPN-Maoist insurgents and an alliance of seven opposition political parties presents new opportunities for the resolution of the country’s internal conflict through a democratic process. AHRC appreciates the intervention of the High Commissioner in a press release issued on December 1st, 2005, urging the Maoists to extend their unilateral ceasefire (which they have now reportedly done) and respect human rights, and for the Government of King Gyanendra and the security forces to also call a ceasefire and respect the rights to the freedoms of expression and peaceful assembly.
    [Show full text]
  • From Transition to Defective Democracy: Mapping Asian Democratization
    From Transition to Defective Democracy: Mapping Asian Democratization AUREL CROISSANT This article undertakes a systematic inquiry of democratic development in Asia. It shows two main trends of democratization in south, south-east and north-east Asia. First, in most of the democracies the institutionalization of political rights exists side by side with stagnation or decline of the rule of law and civil liberties. Second, the quality of democracy in the different countries is growing further apart. While new democracies in north-east Asia are on the track to democratic consolidation, democracy in south Asia is on the edge or has already fallen victim to authoritarian renewal. In south-east Asia, democratic consolidation is stagnating. The article also provides for a systematic analysis of why and how defective democracies originate. It argues that not a single primary cause but a set of interconnected variables influences the track of democratic development. While ‘Asian values’, the type of colonial rule and ethnic heterogeneity give only weak support for democracy in Asia, socio-economic development, political institutions, stateness and political party systems are more important determinants. In the last section the article offers a sceptical outlook on the prospects for further liberal democratic development in Asia, arguing that for most young democracies in the region remaining a defective democracy is the most likely prospect in the near future. Key words: Pacific Asia; democratization; defective democracy; consolidation; ethnicity This inquiry undertakes a systematic review of democratic development in Asia. It draws on the concept of defective democracy developed by Wolfgang Merkel and others.1 The analysis will proceed as follows: first, it outlines an empirical map of democratic regimes in Asia.
    [Show full text]
  • European Union Democracy Promotion in Nepal
    From Monarchy to the Republic: European Union Democracy Promotion in Nepal Robot Limbu Dissertation submitted as a partial requirement for the conferral of the degree of Master in international Studies Supervisor: Doctor Luís Nuno Rodrigues, Full Professor ISCTE-Instituto Universitário de Lisboa Co-Supervisor: Doctor Diogo Bernardo de Penha Lemos, Guest Assistant ISCTE-Instituto Universitário de Lisboa October, 2020 Resumo O estudo avaliou o papel desempenhado pela União Europeia na facilitação da rápida transição do Nepal de uma monarquia para uma república democrática onde o povo exercia o controle sobre a liderança e governança do país por meio de seus representantes eleitos. O Nepal vinha tentando mudar do poder absoluto centralizado de um reino para o poder distributivo descentralizado do povo por meio de uma democracia por algum tempo, mas falhou na maioria das tentativas, pois a liderança do reino não permitiria a integração de ideologias democráticas na governança do país. O estudo utilizou análises secundárias qualitativas, com um enfoque particular em estudos de caso, para identificar e estabelecer a importância do envolvimento da UE na facilitação da democratização do Nepal. Os resultados obtidos neste estudo indicaram que a União Europeia esteve ativamente envolvida no processo de democratização do Nepal, através do qual prestou assistência humanitária e financeira, além de interferir como membro da comunidade internacional na denúncia das injustiças do governo, especialmente as injustiças de direitos humanos. Os resultados estabeleceram que a UE começou formalmente a apoiar o processo de democratização do país no ano de 2006, durante o II Movimento Popular, que resultou em uma mudança de regime bem-sucedida no Nepal, e uma transição no estilo de governança, com preferência por uma democracia sobre uma monarquia, pois esta era a melhor solução política para proteger os direitos humanos no Nepal, ao mesmo tempo em que promove o crescimento e o desenvolvimento econômico.
    [Show full text]
  • King Gyanendra and the Destruction of Democracy in Nepal
    KING GYANENDRA AND THE DESTRUCTION OF DEMOCRACY IN NEPAL: Extrait du Le Journal des Alternatives http://journal.alternatives.ca/spip.php?article1773 KING GYANENDRA AND THE DESTRUCTION OF DEMOCRACY IN NEPAL: - EN - Our organisation - Archives - National Projects - Alternatives Newspaper - 2005 - Vol. 9 No 7 - Date de mise en ligne : Monday 4 April 2005 Description : On 1 February 2005, King Gyanendra of Nepal usurped all executive powers of State through a proclamation of Emergency in the country that has been precipitously descending into bloody chaos since his anointment as the king following the inexplicable massacre of the royal clan on 1 June 2001. Copyright © Le Journal des Alternatives - All rights reserved Copyright © Le Journal des Alternatives Page 1/5 KING GYANENDRA AND THE DESTRUCTION OF DEMOCRACY IN NEPAL: On 1 February 2005, King Gyanendra of Nepal usurped all executive powers of State through a proclamation of Emergency in the country that has been precipitously descending into bloody chaos since his anointment as the king following the inexplicable massacre of the royal clan on 1 June 2001. The king justified the proclamation by citing the failure of the political parties in taking a unified approach against terrorism, their inability to hold elections in time and also their betrayal of the people's aspirations for social, political and economic justice. The accusations are uncanny for the reason that the monarchical manipulations, as enumerated below, have directly contributed to these failures of the multiparty system in Nepal. A FRAUD ON THE CONSTITUTION: In his televised addressed, King Gyanendra promised that the council of ministers being appointed under his chairmanship "will give utmost priority to reactivating multiparty democracy in the country within three years..." The king referred to Article 27(3) of the 1990 Constitution to claim legitimacy for his takeover.
    [Show full text]
  • Nepal One Hundred Days After Royal Takeover and Human Rights Crisis Deepens February 1– May 11, 2005
    Nepal One Hundred Days after Royal Takeover and Human Rights Crisis Deepens February 1– May 11, 2005 12 May 2005 Published by Asian Forum for Human Rights and Development (FORUM-ASIA) This report is a compilation of contributions coming from different organizations and individuals, both within Nepal and outside. Due to security reasons, the names of the contributors, editors and their institutional affiliations are not disclosed. 2 Table of Contents EXECUTIVE SUMMARY 4 1.0 INTRODUCTION 7 1.1 General overview of the country 7 1.1.1 Socio-political development 7 1.1.2 Human rights regime 9 1.1.2.1 Constitution of the Kingdom of Nepal 1990 9 1.1.2.2 International human rights instruments 12 2.0 GROSS VIOLATIONS OF HUMAN RIGHTS 14 2.1 An overview of the violation of human rights after the royal-military takeover 14 2.1.1 Restrictions on media 15 2.1.2 Restrictions on travel 16 2.1.3 Violations by the Maoists 16 2.2 Constitutional and legal issues 17 2.2.1. Accountability 17 2.2.2 State of emergency 17 2.2.3 Legal standing of Government 19 2.2.4. Suppression of dissent 19 2.3 State of emergency and international obligations 19 2.3.1 Pre-conditions for declaring a state of emergency 20 2.3.2 Notification under ICCPR Article 4 21 2.4 Judiciary and constitutional institutions under trial 22 2.4.1 Royal Commission for Corruption Control (RCCC) 23 2.4.2 Violation of Economic, Social and Cultural Rights 24 2.4.3 Torture in detention 26 2.4.4 Judicial reluctance to engage in human rights protection 26 2.4.5 Militarization of the governance system
    [Show full text]
  • 30Main Edition-Pg15-0.Qxd (Page 1)
    Mumbai, Mon, May 1, 2006 p15 weather... world Cities in degree centigrade max min max min max min Bangkok 35 28 Hong Kong 29 24 Moscow 10 0 Beijing 20 15 Islamabad 38 23 New York 14 5 Colombo 30 29 Karachi 36 28 Paris 15 6 Chicago 16 4 London 16 5 Singapore 34 26 Dubai 34 24 Los Angeles 24 14 Tokyo 20 8 Blair fights to put scandals behind him — p16 ... short stories... Iran playing games: Rice Washington: US Secre- tary of State Condoleezza ‘They are killers’ Rice on Sunday accused Iran of “playing games” in the dispute over its nu- Manama, Bahrain. “Suryanarayana clear program and called Who are Taliban? Suryanarayana’s was in Bahrain for training and then on Tehran to come clean he also worked in Maldives for us. He Afghanistan was invaded by employers have and halt uranium enrich- was a simple and kindhearted person. the Russians in 1979. Ten ment. Speaking on ABC He was part of our family.It is a freak years later Afghan fighters announced a Rs 20 lakh television, Rice dismissed Iranian offers to tragedy that he was taken by the Tal- allow spot inspections of its nuclear facili- sent them packing with the compensation help of US and the iban as he was very familiar with the ties and to reopen discussions on a Russian local situation and security hazards,” proposal to conduct sensitive fuel cycle Mujahedeen. But the country soon fell into disarray. It was KSR Menon. Dubai Ahmed said. work for Tehran. —AFP then the Taliban came to the As a mark of respect, the Head he was a US spy and pleading Pak releases A Q Khan’s aide fore.
    [Show full text]
  • BRITAIN-NEPAI.J SOOIETY JOURNAIJ NO.Ll
    BRITAIN-NEPAI.J SOOIETY JOURNAIJ NO.ll 1987 BA CLAYS EDD Corporate Finance Capital raising. Secondary offerings. Flotations. Mergers, acquisitions and disposals. Corporate advice. Market making and Distribution UK gilts and fixed income securities. VK and international equities, margin instruments, futures and options. International Capital Markets Fixed and floating rate securities. US Government bonds. Note issuance facilities. Euro-commercial paper. Sterling commercial paper. Interest and currency swaps. Commercial Banking Syndicated loans. Off-balance-sheet financing. Treasury and Foreign Exchange A comprehensive range of treasury and security-related foreign exchange facilities. Research Investment research and economic analysis covering a wide range of markets, industries and companies in the UKand internationally. Private Client Services Private client investment management service both on a discretionary and non-discretionary basis. Unit trust fund selection service. Institutional Fund Management Investment and property management for institutions conducted through separately incorporated subsidiaries to ensure complete independence. DeVelopment ,,-""'k-"'""U Equity and loan development capital for the growing company. Manageinent and employee buy-outs. London· Hong Kong· Tokyo· New York· Amsterdam· Canberra· Sydney· Melbourne Birmingham· ManchesteJr THE INVESTM ENT BANKING A RlVi OFTH E BARCLAYS GROUP HEAD OFFICE: EBBGATE HOUSE,2 SWAN LAN E, LONDON EC4R 3TS.TELEPHONE: 01-623 2323.TELEX: 8812124 BZ\,\' G Performance. It's the most important word in the mind of any shrewd investor. But while unit trusts are quick to tell you how they perform in relation to other unit trusts, they never mention how they- measure up to Investment Trusts. THE FIGURES Over the years Investment Trusts have performed extremely well. And many of those managed by Flemings have consistently beaten the industry average.
    [Show full text]
  • Samjhana Inclusiveness in Nepalese Civil
    Inclusiveness in Nepalese Civil Service: Perception Analysis from Gender Perspective. By Samjhana Rayamajhi MPPG 5th Batch December 2016 Inclusiveness in Nepalese Civil Service: Perception Analysis from Gender Perspective. By Samjhana Rayamajhi MPPG 5th Batch Supervisor Dr. Narendra Raj Poudel Thesis Submitted to be Public Policy and Governance (PPG) Program in the partial fulfilled for the award of Master in Policy Public and Governance (MPPG) December 2016 i Dedication Dedicated to my Late Father who is my source of Inspiration. I miss you. ii Declaration I declare that the dissertation entitled “Inclusiveness in Nepalese Civil Service: Perception Analysis from Gender Perspective” submitted to the PPG Program of North South University, Bangladesh for the Degree of Master in Public Policy and Governance (MPPG) is an original work of mine. No part of it, in any form, has been copied from other sources without acknowledgement or submitted to any other university or institute for any degree or diploma. Views and expressions of the thesis bear the responsibility of mine with the exclusion of PPG for any errors and omissions to it. Signature Full Name: Samjhana Rayamajhi ID No. 1511228085 iii Acknowledgement First and foremost, I am grateful to partner institution of MPPG program; Department of Administration and Organization Theory, University of Bergen (UoB); Norway, Central Department of Public Administration (CDPA), Tribhuvan University (TU), Nepal; North South University (NSU), Bangladesh; and University of Paradeniya (UoP), Sri Lanka. I highly acknowledge to “The Norwegian Programme for Capacity Development in Higher Education and Research for Development (NORHED) by providing financial support throughout the study. It is a great pleasure for me to express my gratitude to my respected supervisor Dr.
    [Show full text]
  • FINAL Annual Report 2006.Qxd
    INDIA SRI LANKA PAKISTAN SAARC MALDIVES HUMAN RIGHTS REPORT 2006 NEPAL BHUTAN BANGLADESH ASIAN CENTRE FOR HUMAN RIGHTS HUMAN RIGHTS REPORT 2006 S A R C ASIAN CENTRE FOR HUMAN RIGHTS edited by: Suhas Chakma SAARC Human Rights Report 2006 Edited by: Suhas Chakma Director, Asian Centre for Human Rights Published by: Asian Centre for Human Rights C-3/441-C, Janakpuri, New Delhi 110058 INDIA Phone/Fax: +91 11 25620583, 25503624 Website: www.achrweb.org Email: [email protected] First published 2006 © Asian Centre for Human Rights, 2006. No part of this publication can be reproduced or transmitted in any form or by any means, without prior permission of the publisher. Photos: Courtesy - India (The Tribune, India, 26 April 2005 at http://www.tribuneindia.com/2005/20050426/punjab.htm) Sri Lanka (http://img406.imageshack.us/img406/1469/r28473599251cy.jpg) Pakistan (BBC News, 3 March 2005 http://news.bbc.co.uk/2/hi/south_asia/4315491.stm) Maldives (Minivannews.com; http://www.minivannews.com/photos/12-13/pages/bf%20(24)_jpg.htm) Nepal (Kantipur Online, Nepal at http://www.kantipuronline.com/admin/nepfrontimg/kpr2005-7-25.jpg) Bhutan (http://ec.europa.eu/echo/images/photos/nepal/nepal_01.jpg) Bangladesh (http://www.albd.org/newsletter/2004/hartal_women_torture.jpg) ISBN : 81-88987-15-8 Price Rs. 745/- SAARC Human Rights Report 2006 iii Table of Contents Preface . .1 1. SAARC Human Rights Violators Index 2006 I. Indicators for ranking . .3 II. Explanation about ranking . .3 II. SAARC Human Rights Violators Index . .4 Bangladesh: Rank 1st . .4 Bhutan: Rank 2nd . .6 Nepal: Rank 3rd .
    [Show full text]
  • Political Violence in South and Southeast Asia
    United Nations University Press is the publishing arm of the United Nations University. UNU Press publishes scholarly and policy-oriented books and periodicals on the issues facing the United Nations and its peoples and member states, with particular emphasis upon international, regional and transboundary policies. The United Nations University was established as a subsidiary organ of the United Nations by General Assembly resolution 2951 (XXVII) of 11 December 1972. It functions as an international community of scholars engaged in research, postgraduate training and the dissemination of knowledge to address the pressing global problems of human survival, development and welfare that are the concern of the United Nations and its agencies. Its activities are devoted to advancing knowledge for human security and development and are focused on issues of peace and governance and environment and sustainable development. The Univer- sity operates through a worldwide network of research and training centres and programmes, and its planning and coordinating centre in Tokyo. Political violence in South and Southeast Asia Political violence in South and Southeast Asia: Critical perspectives Edited by Itty Abraham, Edward Newman and Meredith L. Weiss © United Nations University, 2010 The views expressed in this publication are those of the authors and do not neces- sarily reflect the views of the United Nations University. United Nations University Press United Nations University, 53-70, Jingumae 5-chome, Shibuya-ku, Tokyo 150-8925, Japan Tel: +81-3-5467-1212 Fax: +81-3-3406-7345 E-mail: [email protected] general enquiries: [email protected] http://www.unu.edu United Nations University Office at the United Nations, New York 2 United Nations Plaza, Room DC2-2062, New York, NY 10017, USA Tel: +1-212-963-6387 Fax: +1-212-371-9454 E-mail: [email protected] United Nations University Press is the publishing division of the United Nations University.
    [Show full text]
  • An Exceptional Kind of Courage
    An exceptional kind of courage ‘People who never know when they get up in the morning, what the day will bring and if they will still be alive that night and yet still be willing to put their lives on the line for others, display an exceptional kind of courage’ Testimonies from Human Rights Defenders at The Third Dublin Platform for Human Rights Defenders 13-15 October 2005 Dublin Castle Foreword On October 13-15, 2005, 100 human rights defenders from 70 countries met for three days in Dublin Castle, for the Third Dublin Platform for Human Rights Defenders. The meeting was organised by Front Line, with interpretation in Arabic, English, French, Spanish and Russian. The meeting welcomed a number of distinguished speakers, including Hina Jilani, the UN Secretary General's Special Representative on Human Rights Defenders; Mr Dermot Ahern TD, Minister for Foreign Affairs of the Government of Ireland; Mr Conor Lenihan TD, Minister of State for Overseas Development and Human Rights of the Government of Ireland; Mr. Michael Matthiessen, Personal Representative for Human Rights of Javier Solana, EU Secretary General/High Representative for the Common Foreign and Security Policy; Marit Gjelten, Human Rights and Democracy Section, Norwegian Ministry of Foreign Affairs; Piet de Klerk, Ambassador at large for Human Rights, Dutch Ministry of Foreign Affairs; Michel Doucin, Ambassador for Human Rights, French Ministry of Foreign Affairs; and Jonathon Wolstenholme, Head of Public Policy, Human Rights Unit, UK Department of Foreign and Commonwealth Affairs. There is something in all of us that responds to the bravery of those who are willing to risk their lives and freedom in defence of the rights of others.
    [Show full text]
  • Last Hope RIGHTS the Need for Durable Solutions for Bhutanese Refugees in Nepal and India WATCH May 2007 Volume 19, No
    Bhutan/Nepal HUMAN Last Hope RIGHTS The Need for Durable Solutions for Bhutanese Refugees in Nepal and India WATCH May 2007 Volume 19, No. 7(C) Last Hope The Need for Durable Solutions for Bhutanese Refugees in Nepal and India I. Executive Summary............................................................................................... 1 II. Recommendations .............................................................................................. 8 III. Background.......................................................................................................12 IV. Life in the Refugee Camps in Nepal ...................................................................18 Cuts in Essential Services .................................................................................18 Sexual and Gender-Based Violence...................................................................23 V. Life for Ethnic Nepalis in Bhutan.........................................................................27 No Objection Certificates ..................................................................................27 Education .........................................................................................................30 Compulsory labor..............................................................................................30 Land ownership ................................................................................................ 31 Democratization ...............................................................................................34
    [Show full text]