[Congressional Record (Bound Edition), Volume 154 (2008), Part 15]
[Senate]
[Page 20752]
[From the U.S. Government Publishing Office, www.gpo.gov]




                                 NEPAL

  Mr. LEAHY. Madam President, I have closely followed developments in 
Nepal for several years, and have been encouraged by the progress that 
tiny Himalayan country is making to end a divisive, bloody conflict and 
become a more peaceful, just and democratic society.
  An enormous amount of work remains to be done, including the writing 
of a new constitution, demobilization and reintegration of Maoist 
combatants, restructuring and reform of the Nepali Army, policies and 
programs to address the legacy of discrimination against women and 
minority groups, programs of assistance for the millions of 
impoverished rural Nepali people who are illiterate and lack basic 
services, and justice for victims of atrocities committed by both sides 
of the conflict.
  As chairman of the State and Foreign Operations Subcommittee I have 
included additional assistance for Nepal, above the amounts requested 
by the White House, for these efforts, and I commend the U.S. 
Ambassador, Nancy Powell, for the way that she has represented our 
country there. The United States has a strong interest in a democratic, 
peaceful Nepal, and although the situation remains fragile and the 
future unpredictable, Ambassador Powell and her staff have worked hard 
in an even-handed, diplomatic way to help keep the peace process on 
track.
  I have also urged the leaders of Nepal's political parties, including 
the Maoists, to put partisan and personal interests aside for the 
greater good of their country at this critical time in Nepal's history. 
For too long, politics in Nepal have been equated with cronyism, 
corruption and neglect. The Nepali people who courageously took to the 
streets and risked their lives--some of whom lost their lives--to oust 
an abusive monarch, deserve a government that represents them and works 
to address their needs.
  There are three specific issues I want to mention briefly today. The 
first is the treatment of Tibetan refugees in Nepal. There are 
disturbing reports that the Nepali Government is taking steps to 
forcibly return to China, in violation of international law, Tibetan 
exiles in Nepal, presumably in an effort to curry favor with the 
Chinese Government. These people have risked their lives to escape 
Chinese repression, and in the past the Nepali Government has, with 
rare exceptions, provided them refuge. The Nepali Government has a 
legal and moral responsibility to continue to respect the rights of 
Tibetan refugees, and this is an issue that the United States and 
others will be watching closely.
  The second issue is justice, which is fundamental to any democratic 
society, and that means an independent judiciary and the rule of law. 
In Nepal, government officials who abuse their authority have too often 
escaped justice. Impunity has been the rule, including for members of 
the Nepali Army and Maoist forces.
  Recently, the Advocacy Forum and Human Rights Watch jointly published 
a report entitled ``Waiting for Justice: Unpunished Crimes from Nepal's 
Armed Conflict.'' The report describes the impunity that continues to 
shield those who have been credibly alleged to have violated human 
rights. The report includes a number of recommendations for the Nepali 
Government to ensure that the perpetrators of these heinous crimes are 
brought to justice. I urge the Nepali authorities to study the report 
and implement its recommendations. For the rule of law to prevail in 
Nepal, it must be demonstrated that human rights crimes are 
investigated and prosecuted and that no one is above the law.
  Finally, I want to mention the issue of the implementation of the 
Leahy amendment in Nepal. This law, which I sponsored a decade ago, 
requires, among other things, thorough vetting of candidates for U.S. 
military or police training to ensure that they have not been involved 
in violations of human rights. This is important because we do not want 
to afford the benefits and legitimacy of U.S. training to individuals 
who have engaged in such crimes, and we want to encourage their 
governments to bring them to justice. I am concerned with reports that 
the Leahy amendment is not being adequately implemented in Nepal, and 
that some Nepali military officers who have been credibly implicated in 
human rights violations have been approved for U.S. training. This is a 
matter that must be effectively addressed by the U.S. Embassy.
  During the war, the Maoists and the Nepali Army were responsible for 
widespread atrocities, including arbitrary detention, torture and 
extrajudicial killings. This eventually led to a suspension of U.S. 
military assistance to Nepal. After the collapse of the monarchy and 
the end of the fighting, that suspension was lifted, but any U.S. 
training of Nepali military officers should be conducted with the 
utmost caution and only after thorough vetting.
  In the past year, the focus has shifted to military reform. The U.S. 
can assist in this effort, particularly through our expanded 
international military education and training program, but we need 
assurance that the Nepali Army command recognizes the need for reform 
and to be accountable under the law.
  Madam President, I ask unanimous consent that the key recommendations 
in the Advocacy Forum-Human Rights Watch report be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

   Waiting for Justice: Unpunished Crimes From Nepal's Armed Conflict


                          Key Recommendations

       The new government of Nepal needs to ensure that 
     perpetrators of grave human rights violations are brought to 
     justice. Human Rights Watch and Advocacy Forum call on the 
     Nepali government to:
       Vigorously investigate and prosecute all persons 
     responsible for abuses, including members of the security 
     forces, in the 49 FIR cases highlighted in this report, as 
     well as other cases of human rights violations.
       Suspend all security forces personnel named in the 49 FIRs, 
     or in other complaints, against whom there is prima facie 
     evidence of criminal activity until the investigations and 
     any prosecutions are complete.
       Reform the criminal justice system, including by reviewing 
     the role of the Nepal Police and Attorney General's Office to 
     improve their effectiveness in investigations of serious 
     crimes.
       Criminalize ``disappearances'' and torture--whether 
     committed by the security forces, Maoists or other actors--
     and ensure these offenses when committed by the army will be 
     subject to investigation and prosecution by civilian 
     authorities and courts.
       Amend the Police Act, Army Act, and Public Security Act to 
     remove all provisions that grant security forces and 
     government official's immunity from prosecution for criminal 
     acts.
       Establish an independent, external oversight body for the 
     Nepal Police.
       Strengthen the NHRC by giving it the necessary powers to 
     carry out credible investigations, including the power to 
     require the attendance of witnesses and the production of 
     evidence. The government should ensure that all the NHRC 
     recommendations are speedily implemented by the relevant 
     state authorities. The NHRC should be given clear powers to 
     refer cases for prosecution and to seek legal redress against 
     unlawful acts by state authorities.
       Establish a Truth and Reconciliation Commission that does 
     not grant amnesty for serious human rights abuses.

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