E-Kantipur

DEC 06 -

It has come to light that the government has already agreed to give the Office of the High Commission for Human Rights in Nepal (OHCHR-N) a six-month “automatic extension” and then a short “wrap up” time in case the term is not officially extended beyond December 8.

Given a pact with the government one year ago, any extension for less than a year “does not make sense” to the UN body, which has already proposed an “exit strategy” to leave Nepal by December 2012. Sources also said the government has not ruled out the possibility of accepting the exit strategy and extend the mandate by a year.

Multiple sources, including from the government, confirmed that the government has agreed in writing a year ago that in case of no further extension, the UN rights body would be allowed a “six-month automatic extension” followed by a short “wrap up” time from the date its mandate expires.

According to the agreement, which has not been made public so far, the UN rights body will stay active in Nepal as far as June 8, 2012 and then wrap up in case its December 8 mandate is not extended.

Earlier on Sunday, Maoist leaders, including Chairman Pushpa Kamal Dahal, had said the OHCHR-N could be given a “last extension” for a maximum of three to six months.

“It is agreed that after a notification of termination of contract by any party, the UN office will continue for another six months and then it will wrap up,” said OHCHR-N Chief Jyoti Sanghera. “Essentially, any extension for less than a year does not make sense.”

UN High Commissioner for Human Rights Navi Pillay had presented an “exit strategy” to Prime Minister Baburam Bhattarai in New York in September.

The strategy had fixed December 2012 as an exit point, expecting that the government will meet some human rights benchmarks, including the promulgation of the constitution and holding of general elections. Sanghera said she was hopeful that the government would extend the UN body’s mandate for a year as per the exit strategy. “It would be premature to leave at this time as the entire peace process is not over yet,” she said.

‘No-extension flouts peace pact’

 Any refusal by the government to extend the mandate of the OHCHR-N would be tantamount to flouting the commitment made in the Comprehensive Peace Agreement (CPA), the US-based Human Rights Watch (HRW) and International Commission of Jurists (ICJ) said on Monday.

Article 9 of the CPA states that OHCHR-N is mandated to monitor the implementation of human rights commitments expressed by the parties.

Frederick Rawski, the Country Representative for the ICJ in Kathmandu, said the CPA itself makes it clear that the UN human rights office should remain in Nepal to monitor rights issues until the peace process concludes. “For the government to refuse to extend OHCHR’s mandate would be flouting the commitments made in the CPA.” The UN still has an important role to play as the country moves towards adopting a new constitution and establishing transitional justice mechanisms, said Tejshree Thapa, a South Asia researcher at HRW. (PR)

Posted on: 2011-12-06 09:11

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