In 2009 the ICAED (International Coalition Against Enforced Disappearances) started a new action: the "Country by Country Ratification Campaign". Each month a specific country is targeted with campaign activities to appeal for ratification of the Convention. These activities include:

— Activities organised by the ICAED members and other organisations inside the country of the month. For instance a visit to the Ministry of Foreign Affairs or Minstry of Justice, a manifestation, press conference, articles in newspapers and letter writing.

— Activities of organisations outside the country of the month. All the members of the ICAED will organise campaing activities that target the country of the month. For instance a joint letter of all ICAED members, individual letters of members, press release of ICAED and visits to embassies of the country of the month.

— A letter that you can send to the government calling for ratification of the Convention.

This month Nepal is in the focus of the campaign.

BACKGROUND INFORMATION

In the course of the decade-long armed conflict between the security forces and the Communist Party of Nepal (Maoist) (CPN (M)), at least 900 people disappeared after they were detained by the security forces. The CPN (M) was also responsible for several hundreds of killings, abductions and torture of people seen as opposed to their cause. Hundreds of families still anxiously await news of their missing relatives.

Notwithstanding the Comprehensive Peace Accord (CPA) of 21 November 2006 which ended the conflict, and the election of a Constituent Assembly which promised to bring a ‘New Nepal’, the process of delivering truth, justice and reparations for violations committed during the conflict has not progressed, a climate of impunity persists and there is a real danger of Nepal's recent tragic history repeating itself.

Local and international NGOs continue to raise serious concerns that a draft bill establishing a Truth and Reconciliation Commission contains a proposal to grant the power to recommend amnesty for perpetrators of serious human rights violations.

ACTIONS OF GOVERNMENT ON CONVENTION

Nepal has not signed the Convention. The process of signing/ratifying has not yet started. Nepal was not among the sponsors of the UN resolution on the adoption of the Convention.

The Supreme Court of Nepal in 2007 ordered the government to enact legislation that would criminalise enforced disappearances and take into account the new International Convention for the Protection of all Persons from Enforced Disappearance.

The draft Nepalese Bill on Disappearances (Crime and Punishment) Act, 2065 does not comply with several provisions of the Convention.

WHAT WE WANT FROM THE GOVERNMENT OF NEPAL

Nepal should sign and ratify the Convention at the earliest opportunity as a signal that it is committed to prevent future enforced disappearances.

The most positive achievement in the near future would be a statement by the government of Nepal committing to ratifying the Convention within a given timeframe.

YOU CAN TAKE ACTION

We ask you to write a letter to the Prime Minister of Nepal before 19 June. The letters will be collected by the secretariat of the ICAED and -will be presented to the Prime Minister of Nepal on 1 July, which marks the third anniversary of a landmark decision by the Supreme Court of Nepal requiring the government to take action against enforced disappearances.

We want to thank those who have already taken action. The action has been extended to 19 June and the delivering of the letters - originally planned for 27 April - has been moved to 1 July.

The letters will be collected by the secretariat of the ICAED.

Send your letter to: Mail: d.hardy@aimforhumanrights.org

Fax: + 31 302367104

Example letter:

H.E. Pushpa Kamal Dahal, Prime Minister of Nepal

Dear Prime Minister,

I am writing to you with regard to the International Convention for the Protection of All Persons from Enforced Disappearance. As you know, the Convention was adopted by the UN General Assembly by consensus on 20 December 2006 (A/RES/61/177) and it represents the culmination of a long effort by many families of disappeared persons, non-governmental organizations and governments to address the continuing problem of enforced disappearance through international law.

The Convention will be an effective way to help prevent enforced disappearances, establish the truth about this crime, punish the perpetrators and provide reparations to the victims and their families. As countless persons continue to be “disappeared” throughout the world, the prompt entry into force of the Convention and its ratification and effective implementation in all countries must be a priority for the international community and particularly for countries that have a legacy of enforced disappearances, such as Nepal.

In the course of the decade-long armed conflict between the security forces and the Communist Party of Nepal (Maoist) (CPN (M)), at least 900 people disappeared after they were detained by the security forces. The CPN (M) was also responsible for several hundreds of killings, abductions and torture of people seen as opposed to their cause. Hundreds of families still anxiously await news of their missing relatives.

Notwithstanding the Comprehensive Peace Accord (CPA) of 21 November 2006 which ended the conflict and the election of a Constituent Assembly which promised to bring a ‘New Nepal’, the process of delivering truth, justice and reparations for violations committed during the conflict has not progressed, a climate of impunity persists and there is a real danger of Nepal's recent tragic history repeating itself.

The ratification of the Convention would constitute an unmistakeable signal that your government is committed to ensuring that enforced disappearances will not happen again in Nepal.

I therefore urge you to ensure that your government:

— sign and ratify the Convention at the earliest opportunity without any limiting reservations;
— make the declarations required under Articles 31 and 32 of the Convention, thus recognizing the competence of the Committee on Enforced Disappearances to consider communications from individuals and states parties; and
— take the necessary steps effectively to implement the Convention at national level soon after ratification.

By taking action without hesitation, Nepal would be among the first 20 countries to ratify the Convention and thus instrumental to its entry into force.

I thank you for your attention to this important matter and look forward to your response.

Yours sincerely,

[Name, City, Country]

http://www.icaed.org

On the photo: Wife of a disappeared person in Badia district, Nepal - © "Dixie"