Archive ref no: NCA-20167
Commitment to Human Rights and Humanitarian Principles
The Communist Party of Nepal (Maoist) reiterates its fundamental respect and commitment to the principles and norms of international humanitarian law and international human rights enshrined in the Universal Declaration of Human Rights and in the Geneva Conventions and their additional protocols. In areas under its control and influence the Party, the People’s Liberation Army, and the People’s Regime continue to make progress by protecting, implementing and bringing about the implementation of the rights of individuals, and by refining and developing these rights among the people without any sort of discrimination based on factors such as ethnicity, color, caste, gender, language, religion, politics, ideology, national, ethnic and social origins, disability, property, birth or status. Our party is serious towards and very conscious of the basic principles and values of human rights and upholds the view that to rebel against or oppose any type of injustice, exploitation, victimization, suppression, and excess is a matter that falls within the realm of human rights. Based on these principles and norms, and in order to ensure the guarantee of people’s rights among the people, our party expresses its commitment to the points below.
(A) As guaranteed by the Public Legal Compendium 2003-2004 of the People’s Republic of Nepal, the Directives of the People’s Regime 2003-2004, and by directives concerning legal procedures that have been made at a local level, with respect to the Great People’s War the fundamental rights, individual rights, and legal rights are as follows:
- 1. All individuals shall be equal on the basis of religion, caste, ethnicity, gender and ideology. There shall be no discrimination of any kind.
- 2. Everyone shall have freedom of opinion and expression.
- 3. Everyone shall have freedom to exercise their political, social, economic and cultural rights.
- 4. There shall be freedom to hold peaceful assemblies, hold conferences, conduct meetings and form organizations. There shall be freedom of movement, of residence, and of pursuing one’s occupation, profession, or employment.
- 5. There shall be freedom to publish newspapers and magazines.
- 6. No one shall be forced to speak against him or herself no matter what the charge. No one shall be arrested and obstructed without cause. If there is cause for anyone to be arrested, he or she shall be presented to the relevant court within 24 hours of his or her arrest, excluding time spent on the road in relation to the war, and shall not be placed in detention unless the detention order also states the cause. Those in detention shall be treated humanely.
- 7. Those who are in jail, receiving their punishment in accordance with the law, shall be reformed according to the methods of corrective punishment and shall again be made into worthy citizens of society
- 8. No one’s property shall be confiscated except as provided for by law.
- 9. Everyone shall have the right to receive education in the subject he or she chooses.
- 10. Everyone shall have the right to follow the religion and culture he or she wishes on the basis of the principle of religious neutrality.
- 11. The right of each individual to rebel against exploitation and suppression of any kind shall be ensured.
- 12. No one shall be exiled.
- 13. Everyone shall have the right to privacy and the right to confidentiality.
- 14. If there is a violation of anyone’s fundamental rights, basic human rights, or legal rights, everyone shall have equal rights to receive appropriate remedies.
(B) While again expressing our commitment to the laws and rights noted above which are being implemented in the base areas, in regard to the Great People’s War we express our commitment to the human rights and individual rights listed below.
- 1. No individual shall be detained or arrested except as provided for by law.
- 2. The lives of unarmed individuals who have been seized in the course of the war shall be defended. Medicine and treatment shall be provided according to their needs and they shall be treated in a fundamentally humane manner.
- 3. Any individual who is in detention shall be treated according to law. Any type of torture shall be prohibited. Secret and incommunicado detention shall be prohibited. Any individual who has been seized or who is in detention shall be allowed to meet with and to correspond with his or her relatives.
- 4. Child rights shall be respected and no one younger than 18 shall be recruited for the army. Those who are younger than 16 years old shall not be put to work. International humanitarian laws and principles relating to the rights of children and of women shall be respected.
(C) We announce once again the welcome that CPN (Maoist) expressed towards the establishment of the United Nations Office of the High Commissioner for Human Rights in Nepal, and the wish we expressed to assist the United Nations Office of the High Commissioner for Human Rights in Nepal and other human rights workers and institutions, and we also pledge to fulfill the points listed below.
- 1. The Representative and officials of the United Nations Office of the High Commissioner for Human Rights shall have freedom to come and go to any location freely and without obstruction. The Representative and officials shall have the freedom to meet and speak with detainees or any other necessary individuals without obstruction. Any necessary assistance shall be provided to the Representative and to these officials. The Representative and the officials should keep their ID cards securely on their person and show them if necessary.
(D) The CPN (Maoist) shall make this announcement public among the Party, the Army, the People’s Regime, and the general community using all means it has available.
16 April 2006