Disappearances issue remains neglected - families

For the last four years, Shanta Bhandari has pleaded with the government’s security forces to reveal the whereabouts of her 21-year-old son Bipin, a student activist who disappeared following his arrest on suspicion of supporting the Maoist rebels in 2002. But the security authorities deny detaining him whenever Bhandari asks.

“Even the new government has failed to take action against those who illegally detained thousands of people over the last few years,” said Bhandari, who is also member of the Society of Families of the Disappeared.

According to National Human Rights Commission (NHRC), following the breakdown of two ceasefires in 2001 and 2003 between the government and Maoist rebels, who have been fighting a 10-year battle against the state, scores of people disappeared at the hands of the security forces, which arrested many of them on suspicion of working as rebels. The Maoists were also responsible for many disappearances by abducting people who they alleged were working as government spies or who had refused to pay donations and support the rebels.

Now, despite the start of a peace process in April this year and the installation of a new interim government following the ousting of absolute ruler King Gyanendra, little has been done to look into the issue.

In 2004 alone, there were around 1,600 cases of disappearances at the hands of the security forces, according to the United Nations (UN) Working Group of Enforced or Involuntary Disappearances.

The numbers of disappearances still vary from one human rights organisation to another, but NHRC alone has a record of over 700 cases of confirmed disappearances - 152 of which are attributed to the Maoists.

“The full clarification of all cases of those missing after abduction or arrest must nevertheless remain a high priority for the government, and for the Maoists,” said Sandra Beidas, chief of protection at OHCHR-Nepal. She explained that there should be a credible, impartial and fully independent investigation to determine the full circumstances of the disappearances and those responsible.

Human rights activists alleged that most of those who disappeared after their detentions were brutally tortured and killed during interrogations by both sides.

“Families of the disappeared have the right to know the fate or whereabouts of their loved ones, and to see those responsible held accountable. They should not be made to wait any longer,” Beidas maintained.

OHCHR-Nepal has been constantly pressing the Nepalese authorities to carry out investigations into the past serious violations, including exhumation and forensic work.

“We are also prepared to offer technical support to the investigations for cases of disappearances or killings,” said Beidas.

However, although OHCHR has called on both the rebels and government to treat this issue as a priority, both have failed to make much effort, the families of the disappeared maintained.

All the government has done is to form a one-member commission to investigate, collate information and prepare reports about the status of the disappeared, said officials from NHRC. They said that the Maoists have also failed to act responsibly despite constant requests by the NHRC to reveal the whereabouts of people they had abducted.

In September, OHCHR delivered a summary of human rights concerns to Maoist leaders, noting that it had yet to receive an adequate explanation about any of the disappearances.

“Resolving the issue of disappearances is critical to the ongoing peace process,” said Shyam Babu Kafle, a protection officer with the NHRC’s Disappearance and Abduction Unit. “But there is a lack of seriousness on the part of both the Maoists and government,” he claimed.

Despite requests by the NHRC to form a high-level commission to deal with the issues, there has been no response from the rebels or the government.

NN/JL/DS