a-7569-2 (ACC-NPL-7569-2)

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Die folgenden Ausschnitte aus ausgewählten Quellen enthalten Informationen zu oben genannter Fragestellung (Zugriff auf alle Quellen am 13. April 2011):
 
·      USDOS - US Department of State: Country Reports on Human Rights Practices 2010 - Nepal, 8. April 2011 (verfügbar auf ecoi.net)
https://www.ecoi.net/local_link/158198/275132_de.html  
„There were no reports of the government forcing civilians to resettle. Some persons who had resettled to escape Maoist extortion, recruitment, or retaliation could not return home.” (USDOS, 8. April 2011, Section 1f)
 
„Police were unable fully to promote law and order. Members of the Maoists, the Maoist-affiliated YCL [Young Communist League; Anm. ACCORD], and other ethnically based splinter groups in the Terai frequently committed acts of violence, extortion, and intimidation throughout the year.” (USDOS, 8. April 2011, Section 1g)
 
„Maoists and Maoist-affiliated organizations continued to commit abuses during the year in contravention of the CPA [Comprehensive Peace Agreement, Anm. ACCORD]. Maoists regularly extorted money from businesses, workers, private citizens, and NGOs. When individuals or companies refused or were unable to pay, Maoists retaliated violently or threatened violence.
Maoists attacked political opponents on several occasions. On May 6 [2010, Anm. ACCORD], according to the OHCHR [Office of the United Nations High Commissioner for Human Rights; Anm. ACCORD], YCL members allegedly attacked the president of the Nepal Teachers' Union and member of political party the Nepali Congress (NC), Rup Narayan Jabegu, in Panchthar District. While he took refuge in the district headquarters, the armed group reportedly vandalized his house, assaulted him with a knife, and shot at him. The group left when villagers gathered to protest. On May 7, approximately 100 to 150 NC members surrounded the houses of the YCL cadres who were allegedly involved and vandalized one of the houses. There were no developments in the May 2009 case in which a group of 27 YCL cadres allegedly attacked the NC's Kalikot district president, Mukti Prasad Neupane. In preparation for its May protests, the UCPN-M [Unified Communist Party of Nepal, Anm. ACCORD] increased its collection of funds from local residents and provided combat training to its cadres in Dang and Baglung districts. YCL members in Dang District trained using lathis (sticks) and khukuris (knives). The OHCHR received information that in several instances UCPN-M cadres forced people to make monetary contributions before, during, and after the nationwide May protests. Throughout the protest there were reports that Maoists vandalized and destroyed property, including shops and other businesses, that did not comply with Maoist orders to remain closed. The threat of violence by protesters armed with sticks intimidated many to make ‘donations.’ On May 10 and 12, UCPN-M cadres in Megu and Achham districts forced local teachers and businessmen to pay money to the party, while in Surkhet District, Maoists solicited ‘support’ from VDC [Village Development Committee; Anm. ACCORD] secretaries and government staff.” (USDOS, 8. April 2011, Section 1g)
 
„There were frequent reports that Maoist protesters threatened and attacked journalists during the nationwide protests in May [2010; Anm. ACCORD]. The government promised action against those targeting journalists; however, it failed to identify and punish the perpetrators. This impunity encouraged others to resort to threats of violence to silence critics in the media. […] The Maoists also influenced media outlets through their powerful trade unions. […] On May 9, Maoists attacked photojournalist Prabin Maharjan in Kathmandu and harassed several media representatives who were covering a Maoist protest program in front of Singha Durbar, the government complex where the prime minister's office and most ministries are located. Maharjan received 13 stitches for skull injuries. Similarly, Maoist cadres harassed Shruti Niroula, a reporter for Sagarmatha Radio, for an hour. Maoists also attacked Rabindra Shrestha, a reporter for Avenues Television, hitting him with metal rods and sticks, and destroyed his camera.
On May 28, UCPN-M cadres torched copies of Nagarik and Republica, reportedly over prior unfavorable reporting. Maoist cadres later called local journalists to take responsibility for the torching. On May 29, Maoists cadres in the southern Terai district of Chitwan set fire to a van along with 9,500 copies of the same two dailies, allegedly over the same matter.” (USDOS, 8. April 2011, Section 2a)
 
„In May [2010; Anm. ACCORD] the Maoist party held a nearly week-long nationwide strike during which Maoist protesters blocked roads, limited vehicular movement, and forced businesses to remain closed during much of the day. Although the government allowed the protests, there were some confrontations between business owners, private citizens, and protesters. Security forces largely stayed away from the protesters.” (USDOS, 8. April 2011, Section 2b)
„Middle- and lower-caste IDPs [Internally Displaced Persons, Anm. ACCORD] faced severe problems in obtaining adequate shelter and food. According to UN agencies and international NGOs, the main obstacles preventing most IDPs from returning to their homes continued to be fear of Maoist reprisal, local Maoist commanders' noncompliance, and conflict with those occupying the houses and lands of the IDPs. According to the Nepal IDP Working Group, most of the IDPs in the country were unwilling to return to their homes, due not only to a lack of security but also to economic concerns, primarily involving property, housing, and employment opportunities. Children of people who were killed or displaced during the conflict were often unable to access government benefits because they were unable to register with local authorities because of fear of retribution by Maoists or inability to confirm the death of a family member who disappeared during the conflict. According to Caritas, the government made little effort to aid or monitor the movement of postconflict IDPs.” (USDOS, 8. April 2011, Section 2d)
 
„According to OCHA [United Nations Office for the Coordination of Humanitarian Affairs; Anm. ACCORD], there were occasional credible claims that Maoists interfered with the operations of international NGOs. On June 26 [2010; Anm. ACCORD], Agni Sapkota, a senior Maoist leader, was denied participation in a leadership training program due to serious and specific human rights allegations associated with his conduct during the insurgency. The UCPN-M party publicly castigated some lawyers and human rights defenders for their possible role in informing the decision to exclude Sapkota. Members of the Maoist party made threats against specific human rights defenders. On July 16 [2010; Anm. ACCORD], the OHCHR released a press statement that stressed the importance of respecting the professional freedoms of lawyers and human rights defenders.” (USDOS, 8. April 2011, Section 5)
·      HRW - Human Rights Watch: World Report 2011 - Nepal, 24. Jänner 2011 (verfügbar auf ecoi.net)
·      https://www.ecoi.net/local_link/153356/269292_de.html
„The government and political parties still fail to show the will to establish accountability for human rights violations committed during the war. No one from the security forces or among the Maoists has been held criminally responsible for abuses committed during the conflict. In many cases, those accused of violations actively receive protection from the security forces or political parties. […]
The Unified Communist Party of Nepal (Maoist) (UCPN-M) leadership has likewise failed to cooperate with criminal investigations into alleged crimes committed by Maoists during and after the conflict. Although the Comprehensive Peace Agreement does not provide a broad amnesty for serious crimes, the government continues to discuss the withdrawal of cases deemed ‘political,’ including cases of murder. In January the Supreme Court upheld the conviction of Maoist Constituent Assembly member Balkrishna Dhungel for the 1998 murder of Ujjwal Kumar Shrestha. However, police have failed to arrest him, and Maoists claim the case is against the Comprehensive Peace Agreement and interim constitution.” (HRW, 24. Jänner 2011)
·      UNHRC – United Nations Human Rights Council: Written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organization in general consultative status, 14. Februar 2011 (verfügbar auf ecoi.net)
https://www.ecoi.net/file_upload/1930_1301950222_g1111219.pdf
„Allegations of threats against HRDs [Human Rights Defenders; Anm. ACCORD], including journalists and lawyers, by the Maoists and their youth wing, the Young Communist League, have also been reported in 2010. Lawyers defending victims in conflict-related crimes committed by non-state actors, such as torture, murder or enforced disappearances, have faced threats, intimidation and the refusal to cooperate by the Maoists. The case of a secondary school manager who was killed by the Maoists during the conflict illustrates this point. After the US embassy in Kathmandu's decision to refuse a visa to one of the main accused in the case, members of the Maoist party threatened the lawyers involved in the defence of the victim's widow, and the head of the Maoist party publicly accused international and local human rights organisations working on this case of trying to discredit the party. Such public accusations coming from the highest level of the Maoist hierarchy is of particular concern as it incited threats and intimidation against lawyers working on conflict-related abuses. At the local level, political parties have also been involved in threatening lawyers and HRDs working on cases which do not, at first sight, appear to be politically sensitive. Lawyers defending victims of violations in cases in which the perpetrators had a link, however slight, with the Maoists or other groups, have been at risk of receiving threats not to pursue the case. In a number of cases the lawyers were even physically manhandled. Threats against such HRDs may result in the perversion of the course of justice. This has been seen in cases of rape, caste-based violence or child abuse, and has even lead the police to give in to pressure and act contrary to the interests of victim, for instance by placing a child in the custody of a person who threatened to expose that child to torture. over the guard of a child to an abusive employer.” (UNHRC, 14. Februar 2011, S. 2-3)
·      AI – Amnesty International: World Report 2011, 24. Jänner 2011 (verfügbar auf ecoi.net)
https://www.ecoi.net/local_link/153356/269292_de.html
„The government and political parties still fail to show the will to establish accountability for human rights violations committed during the war. No one from the security forces or among the Maoists has been held criminally responsible for abuses committed during the conflict. In many cases, those accused of violations actively receive protection from the security forces or political parties. […] The Unified Communist Party of Nepal (Maoist) (UCPN-M) leadership has likewise failed to cooperate with criminal investigations into alleged crimes committed by Maoists during and after the conflict.
Although the Comprehensive Peace Agreement does not provide a broad amnesty for serious crimes, the government continues to discuss the withdrawal of cases deemed ‘political,’ including cases of murder. In January the Supreme Court upheld the conviction of Maoist Constituent Assembly member Balkrishna Dhungel for the 1998 murder of Ujjwal Kumar Shrestha. However, police have failed to arrest him, and Maoists claim the case is against the Comprehensive Peace Agreement and interim constitution.” (AI, 24. Jänner 2011)
·      The Kathmandu Post: Maoist activists attack school students in Gorkha, 12 injured, 1. Februar 2011
http://www.ekantipur.com/the-kathmandu-post/2011/02/01/nation/maoist-activists-attack-school-students-in-gorkha-12-injured/217934.html
„A group of UCPN (Maoist) activists wielding iron rods and batons launched an attack on students and teachers of the Gorkha district-based Mahendrajyoti Higher Secondary School on Tuesday, injuring at least 12 people. […] Chudamani Khadka, Maoist district secretary, said Nepali Congress-backed students disrupted the exam. Witnesses said that some 50-odd Maoist cadres stormed the school and began lashing the students and teachers. Ramesh Pokharel, district chair of the Maoist youth wing YCL, Dipak Timalsina and local Maoist leaders Dipak Timalsina, Krishna Rana and Gobardhan Shrestha were among the attackers. Maoist affiliated students from the Drabya Shah Multiple Campus were also present.” (The Kathmandu Post, 1. Februar 2011)
·      IFEX - International Freedom of Expression Exchange: Journalists threatened and assaulted, 7. Februar 2011
http://www.ifex.org/nepal/2011/02/07/rayamajhi_death_threat/
„Freedom Forum is seriously concerned about the recurring violations of press freedom in Nepal as two separate incidents took place on 3 February 2011.
Dharmasheela Chapagain, a Constituent Assembly (CA) member representing the Unified Communist Party of Nepal-Maoist (UCPN-Maoist), verbally attacked Mohan Kaji Neupane, the editor of the daily ‘Janasambad’. Neupane is also the chairperson of the Federation of Nepali Journalists (FNJ) Jhapa Chapter. Using offensive language, Chapagain threatened to assault the journalist, accusing him of writing news against her and the UCPN-Maoist.
In another incident, four or five unidentified individuals attacked Radio Buddha Awas journalist Baburam Rayamajhi as he was returning home from the station. Rayamajhi was chased and assaulted. He sustained injuries as a result of the assault.” (IFEX, 7. Februar 2011)
·      IFEX - International Freedom of Expression Exchange: Young Communist League members attack programme host, burn copies of newspaper, 3. Februar 2011
http://www.ifex.org/nepal/2011/02/03/daraudi_daily_burned/
„Freedom Forum is seriously concerned about the ongoing violations of press freedom in Nepal following two separate incidents on 1 February 2011. Cadres of the Young Communist League (YCL), the youth wing of the largest political party in the constituent assembly of Nepal, were directly involved in both incidents. YCL cadres attacked Nepal Television programme host Hari Ghimire, without providing any reason for their actions. Ghimire hosts the ‘Our Kathmandu’ radio programme via Nepal Television.
In a separate incident, YCL cadres burned copies of the ‘Daraudi’ newspaper in the western district of Gorkha. Their actions were connected to a story the newspaper published about irresponsible decisions made by a local school management committee.” (IFEX, 3. Februar 2011)
·      AI – Amnesty International: Zur weltweiten Lage der Menschenrechte 2010, 28. Mai 2010 (verfügbar auf ecoi.net)
https://www.ecoi.net/local_link/143372/258245_de.html
„Die Junge Kommunistische Liga, der Jugendflügel der KPN-M (Maoisten), war ebenfalls verantwortlich für Tötungen, Übergriffe und Entführungen.“ (AI, 28. Mai 2010)
·      HRW - Human Rights Watch: World Report 2010 – Nepal, 20. Jänner 2010
http://www.hrw.org/en/node/87397
„The failure to hold people accountable for serious human rights abuses has provided an impetus to ongoing abuses and impunity by political groups. Groups like the Young Communist League (YCL, the Maoists' youth wing), the Youth Force (the youth wing of the CPN-UML), and the youth wing of the Nepali Congress, committed serious abuses in 2009. The YCL was particularly abusive, though attacks by all the youth groups decreased in the second half of the year.” (HRW, 20. Jänner 2010)
·      USDOS - US Department of State: Country Report on Terrorism 2009 - Chapter 2 - Nepal, 5. August 2010 (verfügbar auf ecoi.net)
https://www.ecoi.net/local_link/150049/265720_de.html
„While Nepal experienced no significant acts of international terrorism, several incidents of politically-motivated violence occurred in the country. Maoist -affiliated Young Communist League (YCL) criminal activity continued, including intimidation and extortion. In response to the YCL violence, other political parties condoned the use of violence by their youth wings. […] Competing factions clashed with each other, with the Maoists, with hill-origin Nepalese, and with police, instigating numerous strikes, demonstrations, and Indo-Nepal border road closures.” (USDOS, 5. August 2010)
·      FH - Freedom House: Countries at the Crossroads 2010, 6. April 2010
http://www.freedomhouse.org/modules/publications/ccr/modPrintVersion.cfm?edition=9&ccrpage=43&ccrcountry=203  
„Space for free expression in Nepal has also expanded dramatically since the king's departure, and the country is now home to a vibrant press that reports on a wide variety of political and social issues. Nevertheless, violence against journalists, Maoist intolerance of criticism, and the use of public media to disseminate propaganda restrict press freedom. […] Beginning in May 2009, Maoists organized a nationwide protest movement over the failed sacking of army chief Katawal. The demonstrations lasted through the year, included blockades of roads and government buildings, and sometimes ended in violence by both protesters and police. […]
Although the interim constitution guarantees the presumption of innocence, in practice, suspects are often presumed guilty and tortured to elicit confessions. Inconsistent sentencing, arbitrary arrest, prolonged detention, and erratic trial proceedings are hallmarks of the criminal justice system. Access to counsel is limited and Maoist cadres have been known to intimidate lawyers and witnesses. More positively, authorities began outfitting courtrooms in the Kathmandu Valley with closed circuit recording in May 2009 to reduce trial irregularities. Though officially disbanded following the CPA, Maoist-controlled parallel courts continue to operate in some rural districts. Few due process protections or opportunities to appeal exist in the processes overseen by party cadres, though some experts have remarked on their effectiveness in providing prompt and inexpensive dispute resolution.” (FH, 6. April 2010)
·      Zimbio: Six killed in Maoist attack in Bihar, 18. Februar 2010
http://www.zimbio.com/Nepal/articles/nEBBOHq-Q1a/Six+killed+Maoist+attack+Bihar
„At least six people were killed in a Maoist attack in Bihar's Jamui district, police said Thursday. According to a police official, more than 100 armed Maoists late Wednesday attacked Phulwaria village in Jamui, about 150 km from here, and shot dead six villagers. The rebels also set several houses in the village ablaze and abducted more than half a dozen villagers.” (Zimbio, 18. Februar 2010)
·      ICG - International Crisis Group: Nepal’s Political Rites of Passage, 29. September 2010 (verfügbar auf ecoi.net)
https://www.ecoi.net/file_upload/1226_1285847226_194-nepals-political-rites-of-passage.pdf
„The euphoria of the April 2006 people’s movement that promised peace, democracy and change has given way to renewed violence. The Maoists are out of government and on the streets, threatening ‘a decisive revolt’. In April 2010, the embattled government, which commanded a parliamentary majority (just), prepared to call the army out in its defence. The peace process is in tatters, with its signatories questioning its rightness and relevance. The main parties’ youth groups engage in almost daily clashes. The Maoists continue to murder opponents or critics. The Nepali Congress’s (NC) activists kill one rival and their student leaders chop off the fingers of another in Kathmandu’s main campus. The Communist Party of Nepal (Unified Marxist-Leninist), UML, Youth Force (YF) carries khukuri knives and uses the force of arms to protect its leaders and muscle in on contracts. Armed groups in the Tarai plains kidnap, murder and loot. Ethnic activists warn they will take up arms to secure autonomous states. The elites retrench, turning against secularism, federalism and republicanism. Fear and loathing stalk the capital when the Maoists descend for May Day demonstrations. Youth are disillusioned. With more jobseekers than jobs on offer, most dream of opting out by migrating overseas. The people are close to breaking point, betrayed by politicians who promised the paradise of New Nepal but have delivered only dysfunction and disorder. Critics claim that the Maoists, for some the harbingers of change, still threaten to become the next Khmer Rouge. In the same breath they accuse them of being just like the old parties, only more so.” (ICG, 29. September 2010, Introduction)
 
„The Maoist capacity for and use of violence has reduced and changed, but not vanished. The cantonment of the PLA was a symptom of its already diminished relevance. Almost simultaneously, the Maoists started establishing the YCL. Although built on the former ‘people’s militia’, the new organisation differed significantly in set-up and purpose. It was initially bolstered by PLA commanders and combatants who never entered the cantonments, and later took in large numbers of young people regardless of previous affiliation with the party. Different from the PLA, the purpose of the YCL was not to fight the security forces, but to provide the Maoists with muscle in everyday politics. Organisation and deployment vary widely. In some areas, YCL cadres live together in rented or captured buildings and are involved in parallel policing. But it is difficult to describe the YCL as paramilitary. Camps still appear to be few and far between and in many districts YCL cadres are far less organised.” (ICG, 29. September 2010, S. 9-10)
 
„Continued Maoist and state militarisation is a worrying reminder that both former belligerents remain prepared for a possible return to conflict. […] However, neither the Maoists nor the army are likely to go back to war easily. The Maoists do not have a reason to. They are well entrenched in local politics and are likely to fare well in future elections.” (ICG, 29. September 2010, S. 12)
 
„The UML reacted to new competition from the Maoists by setting up the YF. There are strong indications that both Maoists and UML have recruited young gang members into their respective youth wings. In the eastern and central Tarai, different parties started supporting armed groups to counteract the Maoists. The increased use of youth gangs has heightened the dependence of parties on them, which itself increased pressure on parties to protect their involvement in illegal activities. While this was already the case earlier, the competition between YCL, YF and other groups has escalated the dynamic. A YF leader in a midwestern district said: ‘The YCL recruited many gundas. They feed them in a way that other parties can’t; they do this by getting in on tenders’”. (ICG, 29. September 2010, S. 21)