PBI- Nepal. Annual Report

Transcription

1 PBI- Nepal Annual Report 2011 The police used to think that I work against them. Thanks to PBI s presence they realize that I m only working for human rights Tika Ram Pokharel, Lawyer, Center for Victims of Torture (CVICT) 1

2 Political and Human Rights Context in 2011 Constitution Writing and Peace Process Dragging On As in previous years, the political parties have failed to deliver on the constitution. They continued to play power games by extending the constitution deadline three times (May, August, November). The decision in November to extend the Constituent Assembly (CA) term for yet another 6 months caused dissatisfaction and protests from ethnic organizations and parties. A worrying sign was sent by the Supreme Court (SC), whose verdict stated that the Constituent Assembly will be dissolved if it fails to produce a constitution by May Nevertheless significant headway was made in late 2011 on the peace process. In November the main political parties - Unified Communist Party of Nepal-Maoist (UCPN-M), Communist Party of Nepal- Unified Marxist Leninist (CPN-UML), Nepali Congress (NC) - and the alliance of Madheshi parties United Democratic Madheshi Front (UDMF) signed a 7 point agreement on several key contentious issues such as numbers, roles, and modes of rehabilitation and integration of Maoist People s Liberation Army (PLA) combatants. Also, it was decided to implement past agreements such as the return of land and property captured by the Maoists during the conflict. Impunity and Transitional Justice Mechanisms Impunity for conflict-era and post conflict human rights violations has become more pervasive than ever. Political parties have protected influential individuals from prosecution and in some cases even promoted them, in a sheer denial of justice: indicted or convicted Maoists leaders have been nominated as Ministers or have remained Constituent Assembly members while the party sought amnesty; two different coalitions (UML/UCPN-M and then UCPN-M/UDMF) have launched a massive withdrawal of cases against their cadres on the grounds that the cases were politically motivated ; all the three security agencies (Nepal Police, Armed Police Force and Nepal Army) have promoted officers who are accused of involvement in gross human rights abuses to higher ranks. One worrying sign is an agreement signed by both the UCPN-M and the NC in support of blanket amnesty within the transitional justice mechanisms. Hence, the government is making efforts to amend the bills of the Truth and Reconciliation Commission (TRC) and the Disappearances Commission (DC) extending amnesty for gross violations, including murder and rape. Such provisions are a serious breach of international human rights standards and have triggered an outcry among victims, Nepali Human Rights Defenders (HRDs) and the international community. Limit on Operational Space of International Actors In September the Home Ministry passed a policy that requires local level authorities (Chief District Officer, Superintendent of Police) to seek its authorisation for any meetings with international actors: including internationals working for INGOS, embassies and UN agencies. The non-extension of OHCHR-Nepal s mandate in December was a blow for the human rights community in Nepal, because there is no longer a direct link to UN protection mechanisms. These issues all contribute to limiting the scope of international presence throughout the country and undermining the support for Nepali civil society. 2

3 Mandate and Strategy Mandate PBI s mandate is : To work with and for Civil Society Activists and Human Rights Defenders to increase their protection and maintain or expand the political space available for their work in favour of peace and human rights in Nepal. Strategy In pursuit of this mandate, PBI Nepal developed and began implementing the following strategy in 2011: To strengthen our support and protection of HRDs, including those working on combating impunity and promoting the rule of law, WHRDs, and grassroots level HRDs from marginalized groups Activities The strategy designed by PBI Nepal is achieved through a whole range of activities described below: 3

4 Key Accomplishments Support and Protection of Local Activists Physical Accompaniment to Tika Ram Pokharel Mr. Pokharel is a lawyer at Centre for Victims of Torture (CVICT), an NGO providing medical and legal support to torture victims. Fearing intimidation and interference, he requested PBI to accompany him to a court hearing in Kavre district, regarding a case of child torture by police personnel. The presence of a team of international PBI volunteers deterred the alleged perpetrators from harassing Mr. Pokharel. It also gave him the confidence to enquire at the District Police Office about how the police would implement the internal inquiry ordered by the judge. Since the investigators are the colleagues of the accused, it is thanks to PBI s presence that Mr. Pokharel requested a meeting with the head of the local police immediately after the hearing. Risk Assessment for Devi Sunuwar The mother of Maina Sunuwar, Devi is fighting for justice after her teenage daughter was tortured and killed by the Royal Nepal Army during the conflict. Devi represents one of the most emblematic cases of war-time human rights violations. In March she informed PBI that she had received several threatening phone calls and that unknown men had been looking for her at her home. PBI gathered information on the events, analysed what might have triggered the threats and assessed the level of risk Devi was facing. The in depth risk assessment enabled PBI to adapt its level and forms of protection to meet the actual level of risk, and conducted meetings and a roundtable with various stakeholders (NGOs, INGOs, OHCHR) to further strengthen her safety and security. Check-in Calls with Advocacy Forum One of the major human rights NGOs in Nepal, Advocacy Forum (AF) has offices across the country. PBI meets AF lawyers and staff regularly in Kathmandu and in Bardiya district (where our offices are), and when we are on field trips in other districts. To keep the partnership alive in between field-trips PBI regularly calls AF staff in about districts (Parbat, Kaski, Jhapa, Kapilvastu, Dhanusha, Morang, Surkhet, Dolakha). Over the year more than 150 check-in calls are made, which makes it possible for local AF offices to keep PBI updated about their work, successes, challenges and any security concerns, thus strengthening the partnership between both organisations. Engaging Local Authorities on Behalf of WOREC Women s Rehabilitation Centre (WOREC) is a leading NGO promoting women s rights and has local branches all over the country. Their office in Dang district in the mid-west region of Nepal requested PBI to meet with authorities to raise concerns regarding the difficulties WHRDs are facing with authorities during their work and to emphasis the importance of the work of WHRDs in general. PBI fulfilled this request by raising this issue during meetings with the police at the village and district levels, and presenting our partners and our international support network. 4

5 Support and Protection of Local Activists (continued) Physical Accompaniment for a lawyer from Advocacy Forum in Bardiya district Security Training with DAFUO Dalit Feminist Upliftment Organisation (DAFUO), one of our partner organisations, is a local NGO from Bardiya district in the mid-west region of Nepal, which aims at upholding women s rights, with a special focus on Dalit ( untouchable ) and other marginalized communities. Upon their request PBI conducted a one day workshop on security to 15 DAFUO members, during which the WHRDs gained a basic knowledge on how to carry out a risk analysis, draw up a security plan and reduce risks linked to their work. This empowers these women and enhances their work by developing their skills, and increasing their knowledge and level of confidence. Monitoring a WHRD Rally On the International Day on the Elimination of Violence Against Women, a dozen local NGOs staged a rally in Bardiya district to celebrate the event and highlight the issue. Two of the organizing groups (Dalit Feminist Upliftment Organisation, Feminist Dalit Organisation) requested PBI to monitor the event. The rally was peaceful and PBI s international presence and observation symbolized at the local level the support of the international community to the local HRDs. This enhances the legitimacy of their work in the eyes of both the authorities and their local communities. 5

6 Engaging the International Community Cooperation with Embassies to Organize a Field-trip of the EUWG on HRDs The EU Delegation and the European embassies coordinate with national NGOs, international organisations (PBI) and UN agencies (OHCHR) through the EU Working Group on Human Rights Defenders. The group is mandated to implement the EU guidelines on HRDs, monitor the situation of local activists and lobby the Government of Nepal on key related issues. In April the EUWG went on a field visit to Dhanusha district to display diplomatic support to local activists, assess the situation and follow up with the state accordingly afterwards. Fulfilling its role as a link between grassroots human rights organisations and diplomats, PBI coordinated with the EUWG and HRDs in Dhanusha to organise the field trip and to show strong support to our partners. Coordination to Protect LAFHUR Lawyer Jitman Basnet In 2011, PBI was deeply involved in providing security to LAFHUR (Lawyers Forum For Human Rights) lawyer Jitman Basnet. After he received two threatening phone calls and was followed by a motorbike in Kathmandu, PBI provided physical accompaniment and check in calls on a daily basis for Jitman and his family members. PBI also reported his deteriorated security situation and coordinated with key actors in and out of country: the German Embassy, the European Union Working Group on Human Rights Defenders in Kathmandu, OHCHR-Nepal, the National Human Rights Commission, TRIAL and Front Line Defenders, who sent out an urgent appeal to the UN Special Rapporteur on HRDs. Advocacy on the Universal Periodic Review through PBI Country Groups Nepal s first Universal Periodic Review was held in Geneva in January PBI developed five recommendations related to challenges faced by HRDs and promoted these through a briefing paper and a thematic publication. PBI lobbied states in-country, and out of country through PBI Country Groups in order to encourage governments to raise our recommendations during the UPR session. The UPR is one of only few moments when the international community s focus is on Nepal, usually a low-priority country for most states. Despite persistent pressure from the international community, the Government of Nepal officially rejected three recommendations related to the protection of HRDs but stated that it was considering adopting a special program in order to ensure further protection of human rights defenders. (see the website UPR Watch recommendation 107) 6

7 Expand the Support Network of HRDs Advocating Key Stakeholders on Behalf of MAHURI Home Based in the central Terai, Madheshi Human Rights Home (MAHURI Home) is a local NGO building contact with central level organisations and with the international community. They sought our support to advocate on their behalf and link them with key stakeholders. As a result of MAHURI Home s investigation into abuses committed by security forces, the local police have often criminalized them, accusing them of being linked with criminal groups to undermine their legitimacy. To counter this, PBI has raised their profile by presenting their work and challenges to different European embassies. Besides, PBI enabled MAHURI Home to attend important programs such as the National Consultation on Human Rights Defenders and a roundtable organized by the French Embassy. This strategy aims at giving credibility to MAHURI Home and links them with key stakeholders who can support them. Human Rights Defender Speaking Tour in Europe with Manika Jha Manika Jha is a female journalist from Dhanusha district with whom PBI has been working closely since As she is a strong representative for the WHRD community in her district and embodies the challenges faced by women stepping outside of the traditionally conservative role of women in Nepal, PBI invited her to go on a speaking tour to Europe. During two weeks in Europe Manika visited Switzerland, France, the Netherlands and the UK where she gave talks, met with journalists and conducted advocacy meetings with a wide range of stakeholders. For Manika it was a great opportunity to raise awareness and advocate on the rights of women and the challenges faced by WHRDs in Nepal. She also expanded her support network, which has subsequently enhanced her work upon her return. PBI conducting a security workshop for women from DAFUO at our mid-west office Networking and Roundtable Events with Local NGOs in Bardiya Feeling a lack of coordination between the grassroots level organizations in Bardiya district, our partner Awaaj requested PBI to organize an interaction program with human rights organisations to encourage greater coordination. PBI organised the roundtable, and invited more than a dozen local human rights NGOs. The participants drew upon this dynamic and set up the Bardiya Human Rights Network which now meets regularly, giving local activists a forum to share information on their work, their challenges and the opportunity to design a common strategy to address these together. 7

8 Field operations in 2011 PBI has supported its partners with 30 days of physical accompaniment and 420 check-in calls. In addition to this the project has hold 130 meeting with its partners. PBI has also hold numerous meeting with a whole range of stakeholders: 100 meetings with actors of the civil society, 40 with INGOS and the OHCHR, 10 with the NHRC, 40 with the authorities, 30 with political parties and 25 with embassies. PBI monitored 20 protests across Nepal, organised by activists on a range of issues, including Tibetan issues, impunity, and the delays in the promulgation of the constitution. From PBI s offices in Kathmandu and in Bardiya district, Mid-west region, PBI has carried out 27 field-trips in 17 districts. In 2011, PBI had a team out in the field for over 125 days. 8

9 Mapping of Field Trips 9

10 PBI Nepal: The People Training In 2011, PBI-Nepal conducted a ten-day training for potential field volunteers, selected to be deployed to Nepal throughout Fourteen potential volunteers from eight countries participated in the training, held in Mas Franch, Spain. The participatory sessions were geared toward building their understanding of PBI and their political analysis of Nepal, and enhancing the basic skills required for deployment in Nepal, including nonviolent working methods, security analysis, multi-level diplomacy, communication and teambuilding. Training materials were updated with new content, workbooks, tools and scenarios to better prepare potential volunteers for the current situation in the field in Nepal. PBI-Nepal Volunteer Field Officers Kathmandu team Kristin Cain (Netherlands) Neil Horning (USA) Janina Hotze (Germany) Aaron Robinson (UK) Adele Morreale (Germany/Italy) Cecilia Deme (Romania) Bernhard Emmerich (Germany) Yannick Creoff (France) Grainne Kilcullen (Ireland) Emilie Aubert (Switzerland) Tracy Baumgardt (USA) Mid-west team Maria Westerlund (Sweden) Jill Greene (Ireland) Patrick Robbins (USA) Stasa Banic (Slovenia) Bernde Emmerich (Germany) Roman Gnaegi (Switzerland) Mong Marma (Bangladesh) Veronica Miranda (Colombia) Tessa Pariyar (Germany) Elizabeth Morrissey (Ireland) Volunteer field officers are deployed to Nepal in staggered groups throughout the year to keep the numbers constant on both teams. Staff to support both teams : Kathmandu based: coordinator, protection officer, human resources officer, finance officer, administrator, interpreter, cook, house keeper, gardener. Bardiya based: interpreter, cook, driver. Governance and Operations Volunteer members from around the world make up the PBI Nepal Project Committee (6 external representatives, 2 volunteer representatives, 1 staff representative) and Subcommittees (Strategy Subcommittee, Finance Subcommittee, Human Resources Subcommittee, Advocacy and Awareness Subcommittee). The Project Committee is responsible for the governance of the project (overseeing strategic focus, resource management, personnel, risk management) and its subcommittees are 10

11 responsible for a variety of operational matters. The triennial General Assembly of PBI globally was held in Switzerland in October 2011, during which the mandate and strategy for PBI Nepal for the next three years was approved. Organisation of PBI Nepal Advisory Sub-committees Field Operations Group Staff. 1 Coordinator, 1 Protection Officer, 1 Human Resources Officer. 1 Finance Officer, 1 Administrator Mid-west Office. 5/6 Human Rights Field Volunteers. 1 interpreter. 1 cook/house keeper Kathmandu Office. 6/7 Human Rights Field Volunteers. 1 interpreter. 1 cook, 1 house keeper, 1 garde ner 11

12 2011 Accounts 12

13 PBI-Nepal gratefully acknowledges the generous financial support of institutional and individual donors, without whom we could not carry our work forward: PBI Germany (Misereor), PBI Germany (Civil Peace Service), PBI UK (Sigrid Rausing Trust), PBI Switzerland (Federal Department for Foreign Affairs), PBI Switzerland (Fribourg Solidarity), PBI Switzerland (Solidarity International), PBI Italy, PBI Canada, PBI Canada (Ontario Public Service - OPSEU), PBI France, PBI France (French Agency for Development), PBI France (Non Violence XXI Foundation), British Embassy Kathmandu. PBI is a uniquely cost-effective organisation; much of our work is carried out by volunteers within and outside Nepal. PBI s financial statements do not represent the remarkable value of time invested and skills provided by volunteers at every level of PBI s work. PBI Nepal would like to thank our field volunteers, who spend a year or more in Nepal, as well as volunteers on project and international committees, technical working groups and in country groups, for their invaluable gifts of time and energy. Further details on project accounts are available upon request from the project office in Kathmandu. Contact Details: PBI Nepal PO Box 8975, E.P.C Kumari Pati, Lalitpur Kathmandu, Nepal info@pbi-nepal.org Phone: +977 (0)