Kathmandu, August 25

Human Rights Watch today said the government should order an independent and impartial investigation into all protest-related deaths while ensuring that security forces deployed to restore order remain disciplined and respect basic human rights.

The New York-based HRW’s appeal comes in the wake of increased violence across the country, especially in Kailali. It has urged political leaders of all sides to refrain from further violence over autonomy.

“Nepal government is fairly at fault for its failure to engage with local communities and address their concerns, which led to this horrific escalation of violence. However, violent attacks on police can only be deplored,” said Brad Adams, Asia director at HRW.

“The government needs to take immediate steps to restore order and prevent retaliation by the police.”

Various parts of the country were affected by violent protests over the last few weeks, as indigenous and disenfranchised groups took to the streets to demand that the new draft constitution address their longstanding grievances. Their demand is to be included in an equal and participatory democratic state.

According to HRW, at least four protesters died in previous protests when police responded with seemingly disproportionate force, although the security force maintained that they were responding in self-defence. After the protests turned violent, the government responded by deploying army across Kailali and two neighbouring districts.

“The violence and deployment of army in Kailali could further increase tensions in an already charged situation. It is crucial for the leaders to urge their supporters to act peacefully,” Adams said.

Army and police personnel are required to abide by the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which says that security forces shall, as far as possible, apply non-violent means before resorting to the use of force. Whenever the lawful use of force is unavoidable, the authorities should use restraint and act in proportion to the seriousness of the offence.

Lethal force may only be used when strictly unavoidable to protect life, it said.

Under the basic principles, in cases of death or serious injury, appropriate agencies are to promptly conduct a review and send a detailed report to the competent administrative or prosecutor authorities.

The government should ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offence.