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Allegations of Human Rights Abuses by the Young Communist League (YCL)
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The Comprehensive Peace Agreement (CPA) signed between the Communist Party of Nepal (Maoist) (CPN-M) and the Seven-Party Alliance (SPA) on 21 November 2006 mandates OHCHR to monitor the implementation of the human rights provisions of the accord. In that context, OHCHR has been monitoring the conduct of the state security forces, particularly with regard to legality of detention, treatment of detainees in police custody (including that of members of the Young Communist League (YCL)) and conditions of detention in police offices and prisons. OHCHR continues to monitor the capacity of the police to respect human rights in maintaining law and order. OHCHR has raised its concerns on these issues directly with the authorities at national and local levels, as well as in public statements. In the context of its monitoring of the CPA, OHCHR has also issued comments and statements on disappearances, on impunity and accountability for state violations and those abuses committed by the CPN-M. An overview of human rights concerns related to the peace process was included in the High Commissioner for Human Rights’ report to the Human Rights Council in March. OHCHR also issued a report on the findings of its investigations into the killing of 27 CPN-M members in March 2007 following violence which broke out when the Madheshi Janadhikar Forum (MJAF) and CPN-M organized simultaneous rallies in Gaur, Rautahat District, Central Region on 21 March.
Following numerous reports of human rights abuses by the YCL since it was re-established in December 2006, OHCHR has carried out extensive monitoring and investigations in the regions. Though the types and levels of abuses by YCL vary from district to district, those documented by OHCHR include abuses related to the rights to freedom of opinion, assembly and association as well as the rights to personal liberty, security and physical integrity.
OHCHR’s investigations included interviews with a wide range of sources to corroborate information, including witnesses, victims, CPN-M leadership, YCL representatives, political parties, human rights defenders, members of the Nepal Police (NP), Armed Police Force (APF) and others. In general, OHCHR was able to access information and individuals as requested. However, in a few cases, the Office had to resort to contacting the CPN-M leadership in order to access individuals held by the YCL. It should be noted that a number of victims of YCL abuses have requested that OHCHR does not raise their cases publicly because of a fear of reprisals, especially individuals who were abducted. At times also, while some sources alleged YCL involvement, the YCL denied this. In some of these cases OHCHR confirmed the involvement nevertheless, but in others, its investigations have so far been inconclusive.
As part of the CPN-M, the YCL must respect human rights commitments made under the CPA and in other agreements made in the context of the peace process to which the CPN-M is a party. Additionally, as part of the Government, the CPN-M has a duty to ensure that the human rights provisions of the Interim Constitution as well as international human rights treaties to which Nepal is a party are respected.
The report begins by looking at context and background, including the role of the YCL. It also looks at patterns of abuses, the CPN-M/YCL response to allegations and the state response. It ends
with conclusions and a set of recommendations specifically related to the YCL, as well as to the Government and parties to the CPA
Design by Laurent Boucher | Concept SPIP by Rainer Müller
Copyleft 2006 PBI BEO | With the support of
