Identity, Recognition and Resilience of Human Rights Defenders: Strengthening the Security and Protection Mechanisms

25-26 November, 2010
Kathmandu, Nepal
Proceedings of the National Consultation with the UN Special
Rapporteur on the situation of Human Rights Defenders
Margaret Sekkagya on
“Identity, Recognition and Resilience of Human Rights
Defenders: Strengthening the Security and Protection
Mechanisms”
Prepared by: Jyotsna Maskay, Giovanna Gioli Layout: Ramesh Bhandari
Edited by: Dr. Binayak Rajbhandari Published Year: 2011

Identity, Recognition and Resilience of Human Rights Defenders:
Strengthening the Security and Protection Mechanisms
2 3
LIST OF THE ACRONYMS AND
ABBREVIATIONS
BDS: Blue Diamond Society
CPA: Comprehensive Peace Accord
ESCR: Economic Social and Cultural Rights
EU: European Union
GoN: Government of Nepal
HRDs: Human Rights Defenders
INSEC: Informal Sector Service Center
IPs: Indigenous People
LGBTI: Lesbian, Gay, Bisexual, Transgender and Intersex
NAWHRDs: National Alliance of Women Human Rights Defenders
NDC: National Dalit Commission
NHRC: National Human Rights Commission
NWC: National Women Commission
OHCHR: Office of the High Commissioner for Human Rights
UNSR: United Nations Special Rapporteur
UPR: Universal Periodic Review
VAW: Violence Against Women
WHRDs: Women Human Rights Defenders
WOREC: Women's Rehabilitation Center
List of The Acronyms And Abbreviations 3
Acknowledgement 4
Introduction: Defenders on the Frontline 6
Proceedings: Day 1 11
Open Forum Discussion - Day 1 22
Proceedings: Day 2 28
Open Forum Discussion - Day 2 32
Conclusions 34
Annex 37
List of Participants 40
Songs by WHRD participants 41
Table of Contents

4 5
Thank to Sudha Uprety, Andrew Palmer, and Bikram Tuladhar
from the Office of the High Commissioner for Human Rights for
the efforts in putting this event together.
I am highly indebted to Dr. Renu Rajbhandari, Program Advisor
of WOREC Nepal, and Chairperson of the National Alliance
of Women Human Rights Defenders, for her vision and her
encouragement to organize this event. I praise her continuous
struggles and efforts in highlighting the need to recognize women
as Defenders and in interlinking their different movements are
highly appreciated.
Special thanks to all the WOREC Nepal team members for their
relentless efforts, passion, translation support, and for pushing
through late night working hours, showing commitment, patience,
and cooperation.
I owe my deepest gratitude to Shaun Kirven, Human Rights
Defender and crucial member of the Defenders movement in
Nepal. This consultation would not have been possible without
their moral and technical support, and their belief in the Human
Rights Defenders of Nepal
Jyotsna Maskay
Executive Director,
WOREC Nepal
Acknowledgement
I would like to express my gratitude to all those who encouraged
and supported WOREC Nepal in the organization of this National
Consultation.
We salute all the Human Rights Defenders, the Women Human
Rights Defenders, LGBTI Defenders, Marginalized Defenders,
and Journalists for their resilience and their daily struggle to
defend Human Rights for us all. Without their persistent efforts
and their strong voices, this event would have been unthinkable.
This event would not have been successful without the moral
and technical support from INSEC, the Blue Diamond Society,
Advocacy Forum, and Protection Desk Nepal, who supported
the designing of this consultation since the beginning.
I would like to thank the EU Working Group on Human Rights
Defenders for their support in the attempt of negotiating a formal
visit of the United Nation Special Rapporteur on the situation of
Human Rights Defenders;
I would like to thank International Service for Human Rights
(ISHR, Geneva) for their financial and technical cooperation.
Special thanks to Clement Nyaletsossi Voule for his commitment
in promoting the rights of Human Rights Defenders.
Big thanks to all our resource persons and panelists for their
time and cooperation;
I am grateful to all the NGOs, INGOs, Networks, Alliances, and
Associations, for active participation and support in this event.
My sincere appreciation goes to the National Human Rights
Commissions, first of all for recognizing themselves as Defenders,
and for their support and commitment to protect and promote the
rights of Defenders.
Acknowledgement

6 7
Defenders on
the Frontline
INTRODUCTION
On the 21st of November 2006, the Seven
Party Alliance (SPA) and the CPN- Maoist
signed the Comprehensive Peace Accord
(CPA) and entered the Peace process, ending
more than a decade long political conflict, and
establishing the Federal Democratic Republic
of Nepal. All the parties involved in the peace
process have expressed their commitment
to uphold human rights and to prioritise the
rights of marginalized communities. However,
change has been very slow and the situation
has not improved substantially.
Even after 4 years of peace process, the
state of human rights in the country is very
fragile. The unwillingness of the government
to address impunity in the past has created a
situation of lawlessness and chaos.

8 9
and conviction, being deprived of proper legal
assistance and denied a fair trial. HRDs work
on the frontline, and this exposure opens
avenues of insecurity not only for them but
also for their families and colleagues. In fact,
family members are often used as a tool to
pressurise the defenders to withdraw from
their work.
WHRDs in Nepal have aimed at breaking the
well established culture of silence, responsible
for perpetuating their lack of access to rights.
The proactive stand of WHRDs defies the
feudal and patriarchal structures, relying on
unequal gender power relations and structural
inequalities. WHRDs are discriminated
against twice, for being women and for being
defenders. Similarly, LGBTI defenders often
face double discrimination: on the one hand
for defying the predominant heteronormativity,
and on the other hand for being defenders.
According to the documentation provided by
INSEC online, in 2009 the number of HRDs
victims of violence ranged up to 145, (Table
1). According to the data provided by WOREC
Nepal and BDS, the victims were respectively
69 and 106 (Table 2 and 3).
Table 1: Incidence of Violation of the Rights of Human Rights Defenders
(Jan 1- Dec 30, 2009)
Victims(Professionals) No. Incidence No. Victims Male Female
Teachers 49 71 66 5
Journalists 40 57 47 10
Health Workers 6 7 7
Human Rights Activists 6 8 6 2
Law Practitioners 2 2 2
Total 103 145 128 17
Source: Inseconline, 2009
There are evidences of police personnel
collaborating with criminals in abductions,
murders and other forms of crimes. Similarly,
there are data of abductions, killings and
extortions from members of different political
groups and youth wings of political parties;
however, these perpetrators are not/cannot
be arrested and prosecuted, as they are
being de facto granted amnesty by different
political parties.
Human Rights Defenders (HRDs) who dare
to defy the status quo are exposed to various
risks such as executions, torture, beatings,
arbitrary arrest and detention, death threats,
harassment and defamation. Besides, they
suffer from major restrictions to their freedom
of movement, expression, association and
assembly. HRDs face discrimination on
the basis of race, ethnicity, geography,
economic status, class, caste, access to
education, sexual orientation, ability and
age. In particular, WHRDs and Lesbian,
Gay, Bisexual, Transgender and Intersex
defenders (LGBTI) are subjected to specific
risks and vulnerabilities due to their gender
and sexual orientation. Many evidences reveal
that WHRDs and LGBTI Defenders have
been constantly victim of false accusations
The data revealed that
there is an increasing
number of abduction,
killing and abuse
on journalists and
professionals who dare
to raise issues related
to the criminalization of
politics and to political
crimes. HRDs who
are working on issues
such as violence
against women (VAW),
Economic, Social
and Cultural Rights
(hereafter, ESCR),
Sexual Rights, bonded
labour and caste-based discrimination become
the target for violence, WHRDs and LGBTI
defenders being the most vulnerable ones.
Due to the absence of rule of law, the security
of Nepali citizens, and in particular of HRDs,
WHRDs and LGBTI defenders, has been put at
risk. Impunity for the crimes committed against
HRDs, and in particular against WHRDs and
LGBTI defenders, continues to present a
major challenge for the peace process and for
the security of marginalised groups.
The data further show that WHRDs
became victims of marginalization,
face harassment from private actors,
and from both state and non-state
actors. WHRDs face specific threats to
their work and capacity to contribute to
the human rights movement in Nepal.
Often, their own loved ones, male
colleagues, community members and
family members have been cited as
the main source of discrimination and
harassment. The lack of recognition
of the legitimacy and credibility of
women's work, even when they are operating
in the most difficult and risky settings, adds
to the risk faced by WHRDs. In the Nepali
society, even temporarily claiming a space
other than the domestic sphere may lead to
physical violence, threats or even murder.
The State's response to HRDs
The state bears primary responsibility in
respecting and protecting the rights of
individuals within its jurisdiction, including,
Table 2: Violation on WHRD from 2007 to 2009 – WOREC Nepal
S.No. Typology of Violation,
Risks and Constraints
Type of Incident Number
of case
1 Attacks on life, bodily and
mental integrity
Acid burn, Murder,
Attempted murder,
Mass rape, Beating
25
2 Physical and psychological
deprivation
Kidnap 2
3 Attacks against personhood
and reputations
Mental torture,
Threaten, Verbal abuse
39
4 Violations of women's
freedom of expression
Social violence, Loot 3
Total 69 104
Source: WOREC Nepal, 2004-2009
Table 3: Violation on LGBTI defenders
Types of incidents Number
of Case
N u m b e r
of Victim
Rape 2 3
Torture and illegal detention - 85
Killing 1 1
Restriction on movement 1 1
Threat ( Right to life) - 16
Total 106
Source: Blue Diamond Society, 2010

10 11
of course, those of HRDs. The state
responsibilities and obligations towards HRDs
have been rightly incorporated in the UN
Declaration on the Right and Responsibility
of Individuals, Groups and Organs of
Society to Promote and Protect Universally
Recognized Human Rights and Fundamental
Freedoms, which was adopted in 1998. Every
state has the responsibility to guarantee the
implementation of the rights enshrined in the
Declaration under the articles 2, 9, 12, 14 and
15. The Declaration emphasises the state's
responsibility to ensure effective remedy for
those who claim to have suffered from human
rights violation. The Nepali Interim Constitution
(2007) guarantees right to constitutional
remedy (corresponding to the rights enshrined
in the declaration), according to which a victim
can pursue judicial remedy. However, the
reality is that, in spite of the constitutional
guarantee of the right to justice, most of
the cases of HRDs are dismissed without
proper investigation. Some of the cases have
indeed been addressed by the judiciary, yet
deficiencies in the implementation can be
observed. During the people’s war, HRDs who
were struggling for rights and democratisation
of the state structures faced various forms
of violence and attacks. However, no inquiry
committee has been formed to investigate
the past human rights violations, nor have the
reported perpetrators been penalized. In this
scenario, it can be concluded that the people’s
right to remedy and reparations has been
largely ignored or not yet prioritised.
Despite the grim situation, some positive steps
have been taken by the government with the
adoption of the Domestic Violence Act, 2009
and the Declaration of the Prime Minister to
end all forms of Gender Based Violence are
two recent exemplary efforts to address VAW.
Also the Supreme Court directives to the
Government of Nepal (GoN) for developing
security policies for HRDs have to be
welcomed. The GoN receives large funding
support from the European Union (EU) for
sustainable peace and reconstruction. This
support obliges the GoN to implement the EU
Guidelines on HRDs and the EU guidelines
on VAW; regrettably, this obligation has been
de facto largely ignored.
In the light of the present scenario, this
consultation has been planned during the
'International 16 Days of Activism to end
Gender Based Violence', in order to shed
light on the situation of HRDs, in particular of
WHRDs and LGBTIs defenders, as well as of
defenders advocating for ESCRs. It aims at
creating a platform to make the work of HRDs
visible and to advocate, in collaboration with
the United Nation Special Rapporteur on the
situation of HRDs (UNSR), for a mechanism
to develop strategies for integrating the
security and protection of women and LGBTI
defenders into the mainstream agendas.
Furthermore, it intends to create and
strengthen the national, sub-regional and
regional coalitions and networks to enhance
the protection of defenders and to develop
proper policy suggestions and strategies in
order to guarantee the rights of HRDs.
T he 2-day National Consultation
comprised of three separate thematic
panels on the situation of HRDs, and on the
emerging and existing security and protection
mechanisms for HRDs.
1. Welcome remarks by Ms. Dev Kumari
Mahara, Women Human Rights Defender,
Terai, Nepal
Ms. Dev Kumari Mahara in her opening
remarks has outlined the main challenges
faced by WHRDs in the Terai region, with a
special focus on the situation of Dalit. The
human rights situation in Terai is particularly
difficult, as the region is infested by violent
armed groups, affiliated to different ideological
parties.Thesegroupshavelargelyaugmented
the violence in the region, as small arms have
been made readily available, thus increasing
the rates of killings, and murders in the region.
Many WHRDs have lost their lives in the past
years and they are constantly subjected to
various forms of assault, including rape and
threats of abduction and/or murder.
2. Mr. Subodh Raj Pyakurel, Chair, INSEC
Mr Subodh Raj Pyakurel stressed that the
very presence of the UNSR who represents
the HRDs worldwide, marks her interest in
addressing the issues and concerns of HRDs
in Nepal.
Pyakurel informed that, despite his persistent
request to the Ministry of Foreign Affairs,
the Ministry of Law, and other relevant
ministries to invite the UNSR on the situation
Proceedings
25 November 2010DAY 1

12 13
of HRDs for an official visit, they declined
on the ground that Nepal does not have the
technical capacity and the resources to host
her. Pyakurel also highlighted the immediate
and pressing need for a separate and
comprehensive law on HRDs in Nepal—a law
focusing on the security and protection of the
defenders.
I. 3. Launch of Anbeshi
An important milestone in addressing
the issue of VAW has been the launch of
WOREC Nepal's report "Anbeshi - Violence
Against Women Year Book 2009-2010". The
report was launched by UNSR Ms Margaret
Sakkagya, and by the Hon. Kedar Nath
Upadhaya (Chairperson, NHRC), in the
presence of over hundred HRDs, WHRDs,
LGBTI defenders, different organizations,
and journalists.
The major objectives of Anbeshi are as
follows:
• To map the scenario of VAW in Nepal
and to exert pressure on the government
for formulating relevant laws, policies and
action plans for the elimination of VAW.
• To identify key areas for ensuring access
of VAW survivors to justice, and lobbying
the government to effectively address
these issues.
• To identify the needs of VAW survivors,
and advocate for the creation of relevant
support mechanisms.
3. His Excellency Morten Jespersen, Embassy
of Denmark in Nepal
His Excellency Morten Jespersen thanked
WOREC Nepal for making this event possible,
despite the resistance from the Nepali
government in issuing an official invitation to
Ms. Margaret Segkkaya.
He praised HRDs, and
especially WHRDs,
acknowledging their pivotal
importance as agents of
change. They put their lives
at risk to defend fundamental
rights; they are providing
vital support to Nepal to
ensure that the state fulfills
its international obligations.
Full support to HRDs
is one of the major EU
priorities, as stated in the
EU Guidelines for HRDs, and on behalf of
the international community, Mr. Jespersen
expressed willingness and commitment to
protect HRDs. He explained how the EU
Guidelines have been implemented in close
collaboration with the Nepali chapter of the
EU Working Group on HRDs. It focuses on
the support and protection for HRDs, and on
the creation of networks for HRDs. Moreover,
they are currently working at facilitating an
official visit of the Rapporteur. Mr. Jespersen
clarified how their work is focused on different
issues, such as the protection and support to
HRDs, and the follow up on cases of attack
on HRDs. They also work for the support,
strengthening and broadening of the human
rights network. Field visit are also on the
agenda, to encourage HRDs operating in
rural areas.
As Nepal will be shortly reviewed under UPR,
on the 25th January 2011, Mr Jespersen had
suggested to use the UPR to raise questions
not only on the challenges faced by HRDs,
but also to provide recommendations to the
international community on how to ensure the
protection and security of HRDs.
4. Mr. Roberto Ricci, Officer in charge,
OHCHR, Nepal
Mr. Ricci expressed his gratitude for being
part of the Consultation. He said that whilst
much progress has been achieved in the past
few years, much still remains to be done to
strengthen the security mechanism for HRDs.
Mr. Ricci recalled the moment, in February
2005, when HRDs came under severe attack.
In the wake of that difficult moment, a political
space was created for OHCHR to open
an office in Nepal, in May 2005. He further
stressed on the importance of the initiatives of
various UN agencies in providing protection
to HRDs, such as David Johnson, his friend
and colleague, senior human rights advisor
to the UN Resident Coordinator. Since then,
the OHCHR has been trying to work closely
with the defenders for the improvement of
the human rights situation in Nepal. In fact,
it is fair to say that the OHCHR is in Nepal
because of HRDs and for HRDs.
The question is why a protection mechanism
now, when the peace process is slowly taking
place? Is the government failing to protect
you? Is the situation worse than before?
HRDs are, by definition, actors of change.
HRDs are challenging justice to promote
social transformation. They meet resistances,
as change always meets resistance. Nepal's
constitution is based on human rights, though
it accepts certain forms of discrimination.
Mr. Subodh Raj Pyakurel
Launch of Anbeshi
His Excellency Morten Jespersen
Mr. Roberto Ricci

14 15
Resistance shall be overcome. Even
national census, if participated, can become
challenging, as minorities would be exposed.
The NHRC, The National Dalit Commission
and the National Women Commission are
crucial for ensuring the protection of HRDs,
likewise the international community can play
a role (e.g. the EU Working Group on HRDs).
Mr. Ricci reported the OHCHR plan to launch
a tool kit for HRDs next year. The OHCHR
will organize its work around two thematic
priorities: impunity and discrimination. He
further added that they will continue to work
with the defenders on capacity-building,
monitoring and protection. He showed
concern, as in the current year high numbers
of VAW and violence against HRDs have
been recorded by OHCHR. The tool kit will
also address issues related to WHRDs. For
instance, it contains practical guidelines on
the monitoring of sexual and gender -based
violence. This kit should be ready early next
year. Finally, OHCHR will take further its
engagement and cooperation with all the
National Human Rights Institutions, and in
particular, with the NHRC.
5. Hon. Kedar Nath Upadhaya, Chairperson,
National Human Rights Commission
Raising the names of noted human rights
defenders such as Prakash Shah, Uma Singh,
Tika Bista, Laxmi Bohra, the Hon. Kedar
Nath Upadhaya, shed light on the precarious
situation in which HRDs and especially
WHRDs are forced to work. Rapes, murders,
threats, sexual harassment, are just some of
the abuses suffered by WHRDs. He pointed
out that WHRDs are subjected to ‘double
discrimination’, as a consequence of their
status as women, on the one hand, and as
HRDs, on the other. Because of this situation,
stringent laws should be formulated for
punishing the perpetrators. Special laws are
needed to defend HRDs, as they are doing a
very special work. HRDs should have a sense
of security, so that they can continue their
work. However, Nepal is now in a transitional
phase, and as a result of the delayed peace
process, defenders are exposed to higher
risks. Mr Upadhaya stressed the importance
of learning how other countries have tackled
similar problems, and he expressed its
gratitude to Ms. Margaret Sekkgaya and to
the organizers for making this event possible.
However, he conveyed his disappointment in
the GoN failure to formally invite Ms. Margaret
Sekkagya to Nepal, despite its attempt to
discuss this issue with the Prime Minister and
with the Finance Minister.
He finally added that HRDs are always on the
frontline, operating at the local level. Because
of this, the society recognizes and trusts them.
It has to be always kept in mind that HRDs
are citizens too. They need to be protected
and in order to achieve this goal, politicians
have to become accountable; they have to
learn the philosophy that all the citizens of the
state are equal.
5. Ms. Margaret Sekkagya, United Nations
Special Rapporteur on the situation of Human
Rights Defenders
Ms. Sekkagya expressed her gratitude and
empathy for the suffering of HRDs. She
highlighted the similar situation faced by
HRDs in different countries, such as Brazil,
Fiji, Congo, Sudan, and Colombia where
she recently was on an official visit. She
further mentioned the specific context faced
by HRDs in Nepal: discrimination, arrests,
abductions, killings, rape, sexual abuse,
bondage, politicization of the work of HRDs,
poor protection mechanisms, HRDs being
terrorized by groups and being accused of
witchcraft.
She added that HRDs still struggle despite 12
years have passed since the passing of the
UN Declaration on Human Rights Defenders.
However, this declaration must be promoted
in Nepal. The state must investigate human
rights violation, and impunity must be
removed.
She concluded with a pledge to act in her
maximum possible capacity to end violations
and crimes against HRDs in Nepal. She
committed to raise the plights and concerns of
HRDs at the United Nations Security Council
and reiterated her pledge to the WHRDs
hoping that they would advocate for making
the government of Nepal extend an official
invitation to the UNSR.
6. Dr. Renu Rajbhandari, Chairperson,
NAWHRDs
Dr.RenuRajbhandarifocusedherpresentation
on two phenomena that are increasingly
affecting today’s Nepal, the Politicization
of Crime and the Criminalization of Politics.
She shared her concerns on the limitation
currently imposed on freedom of expression
in the country, supporting her speech with
Hon. Kedar Nath Upadhaya
UN Special Rapportuer
Ms. Margaret Sekkagya

16 17
recent figures showing increasing number
of abductions, killing and abuse perpetrated
on journalists and professionals who dared
to raise crucial and hot issues related to the
situation of human rights. The scenario is
even darker for HRDs working in the Madesh
region, due to the emergence of 109 armed
groups. The presence of these groups has
resulted in an escalation of violence against
HRDs, which continue to receive threats and
to suffer from violence.
Dr. Rajbhandari further elaborated that unless
the human rights movement proceeds in a
cohesive and integrated manner, massive
violence and human rights violations will
continue on a daily basis. She identified the
human rights movement as the major possible
actor in contrasting the rising militarization
of Nepal. Nevertheless, state commitment
is pivotal, and a crucial step would be the
development of a specific law to ensure the
protection of HRDs.
7. Ms. Bindu P. Gautam, Researcher,
WOREC Nepal
Ms. Gautam presented the result of the
joint research conducted by WOREC Nepal
and Isis WICCE, "Redefining Justice:
Research findings on Access to Justice
for Rape Survivors". The purpose of the
study was to inform policy makers, activists
and organizations enabling them to access
appropriate information in order to effectively
address VAW. Ms. Gautam highlighted as
major objective of the study, the identification
of gaps and challenges in existing response,
and the drafting of policy and action
recommendation for establishing effective
mechanisms and ensuring the survivors’
rights to justice.
Ms. Gautam explained the method and the
sources of the research, which included in-
depth interviews with Survivors (55), and
interview with key Informants (112). The
surveyinvolvedalsoFocusGroupDiscussions
(33), interaction with community women (14),
WHRDs(10), Paralegal Committee (4), and
Others (5). Secondary Source such as media
Survey (201) and case collection and analyses
from different organizations (723) were also
used. The concerned areas are the Terai:
Morang, Dhanusha, Kailali (Eastern, Central,
Far-Western), the Hilly belt: Udayapur (inner-
Terai), Dailekh, Baglung, Kathmandu, Kavre
(Eastern, Western, Mid-Western,, Central),
and the High Hills and Mountains belt:
Dolakha, Darchula (Mid-Western and Far-
Western).
Ms. Gautam shared that women in the
concerned areas are facing different forms
of violence, such as verbal abuses against
WHRDs, witchcraft accusations, polygamy,
domestic violence, sexual violence, marital
rape, rape and murder, vilification and slander.
The victims of rape resulted to be prevalently
women, disabled, sexual minorities, WHRDs,
conflict affected people and boys. Women
bodies are commonly used to seek revenge,
to silence voices of protest, to show power, to
humiliate/defame the family and community,
to prove a male’s masculinity and to fulfill
sexual hunger.
Finally, Ms. Gautam explored the existing
response mechanisms. Family proved to be
disempowering in most cases. As for the
community, organized groups/networks and
(W)HRDs are the most effective in addressing
rape and other violence, however they are
facing major challenges (e.g. abuse, assault,
humiliation, threat), and they are neglected
both by the state and non-state actors.
Paralegal Committees are resent but they
need assessment.
Responses from NGOs/civil society feature
a limited coverage and scope for immediate
support to victim. Some positive steps have
been taken by the government, however
their scope and effectiveness has to be
questioned. No support mechanism is
envisaged at the community level, and NHR
Institutions have limited resources and limited
access. Legally, the major gaps highlighted
by Ms. Gautam are the absence of a clear
definition of rape, and the narrowness of
its, the discriminatory provisions pertaining
punishment; the exclusive focus on the right
of the Criminal, and the absence of legal
provisions ensuring victim’s rights (protection,
recovery/ rehabilitation, reintegration into
society).
9. Subodh Raj Pyakurel, Chair, INSEC
Mr. Subodh Raj Pyakurel, highlighted that
despite the amount of energy spent by NGOs
for the upholding of human rights, the situation
will not significantly improve, unless these
activities are included within the National
Action Plan of the government. Culture,
property, dowry, in Nepal, this is all in the
hands of males. In the villages, widespread
practices need to be changed, and economic
discrimination should be challenge. To
succeed, a holistic solution is needed.
He explained that the only institutions which
have the ability to reach every household are
the political parties. If they plan to impart the
• PANEL 1: The contemporary issues and challenges faced by Human Rights Defenders
• (Moderator: Mandira Sharma, Executive Director, Advocacy Forum).
• Objective: The objective of this discussion was to identify the major risks and challenges
faced by different groups of HRDs, such as WHRDs, LGBTI Defenders, marginalized
defenders, and victims groups, active in the promotion and protection of human rights.
The panel will also provide a preview of the specific risks and vulnerabilities faced by
defenders.
Dr. Renu Rajbhandari Ms. Bindu P. Gautam

18 19
message of human rights and HRDs during
their election campaign, then they will be able
to bring about pronounced changes in the
country within a single campaign.
Mr. Pyakurel also highlighted the fact that
those defenders who litigate a case of violation
are the most at risk; therefore, it is extremely
important to raise the issue of their protection.
However, Pyakurel pointed out that Nepal
seriously lacks a meaningful decision-making
process and effective decision-makers. He
further stressed the importance of discussing
with the stakeholders in order to develop law
from the perspective of the victims.
10. Ms. Manisha, Blue Diamond Society, on
the situation of LGBTI defenders
Speaking on behalf of the LGBTI community,
Manisha explored some of the key challenges
faced by the group. She stressed the urgent
need to make provisions for LGBTIs and
defenders to fully entitle them to citizenship
rights and to prevent sexuality-based
discrimination.
She explained that LGBTIs are often facing
stigmatization, even from their own families.
They are also severely discriminated against
in the job market, as they encounter major
difficulties in finding employment and are
often forced to leave their jobs. Sometimes,
as a consequence of this lack of opportunities
in the job market, LGBTIs are left with the
only option of entering the sex market.
This situation is fuelled by the widespread
prejudice according to which, all LGBTIs are
sex workers and eunuchs.
On the issue of citizenships, Manisha
highlighted the challenges faced by
transgender people, whose gender identity is
not recognized on the passport. She shared
her recent experience on this issue. While
travelling to Geneva to attend a meeting at
the Human Rights Council, she was treated
with respect by the Nepali officers, but she
encountered problems while transiting in
Doha. As the gender declared on her passport
did not match her physical appearances, she
was stopped and her passport was checked
all over again. After a long time she was
released but the officials kept a photocopy of
her passport. Manisha further stressed that,
despite their huge contribution to the human
rights movement, LGBTI defenders are often
discriminated against by other activists.
Besides, the NHRC has failed into seriously
dealing with the LGBTI community, especially
in the protection of LGBTIs defenders. She
further added that there should be a specific
campaign on sexual health rights. Finally she
added that issues related to LGBTIs remain
unaddressed also in the interim constitution.
Currently, there is no mention of LGBTIs in
any of the committee reports submitted by the
CA.
11. Mr Chandra Singh Kulung, Founder of
the Durban Review Committee (DRC)
Mr. Singh Kulung, pointed out the most
important challenges faced by marginalized
defenders. He first focused on the situation
of indigenous people. They are marginalized,
and their right to preserve their distinct
identity and representation (e.g. respect to
their dress, ornaments, appearance) must be
protected. Indigenous women are even more
discriminated against, and they are more
subjected to trafficking and to HIV/AIDS. In
ordertochangethestatusquo,thegovernment
should implement the ILO 169, UNDRIP, and
other international human rights instruments.
Moreover, the state should recognize all the
indigenous ethnic communities meeting the
characteristics of indigenous nationalities.
It is also necessary to develop a common
understanding about the rights of Indigenous
Peoples (IPs) between/among IPs, non-IPs
and the government. He added that in the
Terai/Madesh region, the situation of IPs is
even more difficult, as they are facing political
pressure form identitarian movements, such
as "One Madhesh One Pradesh".
Mr. Singh Kulung had then addressed the
situation of Dalit in Nepal. The challenge
here would be obtaining a change in the
mind of the feudalists, making room for the
implementation of pro-Dalit law. Moreover,
the government must implement the
Convention on Elimination of All kinds of
Racial Discrimination (CERD), as well as
other relevant human rights treaties.
Common Challenges of HRDs (by State and Non-State actors)
Personal Insecurity (During Profession) Personal Insecurity
(In Custody)
Killing Harassment: Ill-treatment
Abduction • Arrests and Fines Incommunicado
Disappearance • Restriction on Movement Intimidation
(frightening sb)
Attacks/Physical Destruction • Raids Repression
Threatening • Eviction (being evicted) Confiscation (loosing
ownership)
• In person • Refraining (stop doing the
work)
Retaliation
• Family/Beloved ones
• Family/Beloved Ones • Arbitrary Detention Mental Torture
Physical Torture
Ms. Manisha
Mr Chandra Singh Kulung

20 21
Mr. Singh finally touched on the measures to
be taken for integrating differently able people,
and LGBTIs. As for the first group, it is central
to ensure friendly means of transportation,
housing, apartment and office, as well as
the proper equipment for education (such
as brail script, sign language etc). Means for
livelihoods - employment, entrepreneurship
and economic activities - have to be provided
too. As for the LGBTI community, a deep
change in the prevailing mindset of society
is required. LGBTIs’ rights must be ensured
through the proper implementation of the
concerned laws.
12. Ms. Rita Thapa on the situation of
Women Human Rights Defenders
Ms. Rita Thapa presented the case study of
Nirmala Thapa, a WHRD who disappeared
in April 2009. After 4 days, her body was
found in the Dhading River. All her jewellery
had been removed, and her underpants had
been stripped off. Her 12 years old son said
that she had been victim of domestic violence
for the past 2 years. WOREC Nepal stepped
in to bring the case to justice, providing
documentation and legal assistance. As a
result of this, Nirmala’s husband was jailed.
After an appeal to the Supreme Court, the
case is currently waiting for the final hearing.
Ms.Thapathensummarisedthecurrentissues
of WHRDs. First of all, there is a dramatic
ineffectiveness of state’s structures, which
need to be reorganized and empowered.
Besides, a heightened state of impunity is
present in the country, facilitating other two
dangerous processes which are currently
increasing: the criminalization of politics, and
the political protection of criminals. This state
of affair has led to increasing rates of violence
(both in the domestic and public sphere),
often resulting in attempts to silence WHRDs
(e.g. Uma Singh, Suntali Dhami, Tika Bista
and many others).
Ms. Thapa shared that due to the patriarchal
values and norms embedded in the Nepali
society, women defenders are relegated to
inferior and subservient positions and roles.
Because of the political instability, rampant
impunity is widespread in the country. As
a consequence, there is no conducive
environment for defenders to exert their right
to defend. Women’s defenders are defying
this situation putting their life at serious
risk. Nevertheless, their action is not at all
recognized as work by both the society and
the state.
Ms Thapa has then provided some
recommendationstoendVAW.Shehighlighted
the pivotal role of the government in ensuring
WHRDs’ protection. Structures, networks
and mechanisms should be developed and
all perpetrators shall be held accountable
(including those under state protection).
Nepal is in a post-conflict, “transitional
phase”, and the government should seriously
take into account the implementation of UN
Security Council Resolution 1325 and 1820.
The other preventive measures should be the
establishment of an Early Warning System,
and the systematic documentation of cases.
Mr. Shaun Kirven (Researcher and
consultant)
Mr. Kirven wanted to ask some questions
about why we are here and what we are
trying to accomplish. He said that despite
the morning being spent speaking about
violence, the core issues concerning what
constitutes violence against women have not
been touched yet.
In Nepal, women cannot inherit
property, they have no access to
economic market, and they are traded
between families, just to mention some
of the major issues. These things need
to be tackled. If perhaps they had
economic status, violence would not
happen. It seems as if we are treating
the symptoms and not the cause.
Discrimination, however, does not
stop there. There is sexuality-based
violence, ethnic-based violence and
many other forms of discrimination, all
leading to violence.
Ms. Rita Thapa
Mr. Shaun Kirven
How to tackle these discriminations? First of
all, a question should be asked: How do we
deal with our own prejudices? We all have
them, but most of the times we do not deal
with them. Maybe even in this consultation.
The state has to protect us, it is its obligation,
but when violence is coming from families and
from the community, the state is not likely to
intervene. Therefore, we have to find ways to
convince the public that our work as HRDs is a
proper job, which benefits everyone. We can
do that only by being inclusive, which means,
in the first place, working on our prejudices.

22 23
The floor was open to the participants to
raise their questions, concerns and to
share their experience.
a. Manica Jha, Journalist & WHRD,
Dhanusha. district
Manica Jha, a journalist and WHRD from
Dhanusha district, had expressed serious
concerns over her safety as a WHRD working
in the Terai region. She shared her fear of
being murdered in the same way as her friend
and colleague, Uma Singh (a noted WHRD
journalist).
b. Sanjay Sharma, Eastern Region
Coordinator, Blue Diamond Society (BDS)
Sanjay shared that recently a lesbian was
raped by the cadres of a political group. The
case was filed at the local police station. The
police tried to silence the victim by offering
NRs. 60,000 as compensation. When the
local BDS group went there to investigate
OPEN
FORUM DISCUSSION
on the incident, Sanjay Sharma was beaten
up by a group of people in front of the Senior
Superintendent Police office, in Biratnagar.
ThelackofrecognitionLGBTIdefenders’work,
along with the absence of support systems
for marginalized defenders, greatly enhances
the chance of secondary victimization by the
local or state authorities.
c. Narayan Subedi, INSEC, Nepalgunj
Mr. Subedi shared that HRDs cannot exert
their right to freedom of mobility while
exercising their right to defend human rights
in the mid western region. They face risks and
vulnerabilities such as fear of being attacked
while trying to travel from one part of the
region to another during monitoring of human
rights violation, implementation of activities.
d. Ms. Lata joshi, WHRD network, Doti
Ms. Joshi shared that on the past 8th of
March, one girl was taken to Silguri, in the
attending this Consultation.
f. Mandira Sharma, Executive Director of
Advocacy Forum
Ms. Sharma highlighted how HRDs have
been reacting to the challenges they face
in their work on a daily basis, by organizing
themselves through the creation of networks
at both the central and the district level.
However, no protection mechanism for
ensuring the security of HRDS has been
established yet. There is no national law
addressing the issue. At the international
level there is the UN Declaration, however, in
order to ensure its efficacy, this fundamental
instrument has to become legally binding.
The legal context is very important, but our
strategies as HRDs are equally important. Ms.
Sharma said that HRDs are aware of many
cases, and there is a very active participation
aimed at helping the victim to get justice.
Thanks to their work, HRDs understand the
gravity of the culture of impunity in Nepal,
which has to be addressed and analyzed.
When an incident occurs, HRDs are there,
documenting and supporting, however, over
the time, it evaporates. We shall address
the root causes of such ineffectiveness, by
fighting for justice till the end. We might have
different hats, but as defenders we shall all
follow the principles of HRDs.
Doti Districts by the staff working in a health
post, to work as a domestic helper. Until
April 10th, the girl was sexually abused
by the man. The police then alerted the
WHRDs network. She shares her story with
us and subsequently some members of the
WHRDs network, Mahila Adhikar Manche
and a couple of other organizations brought
the case forward. They went to the police
and submitted a First Information Report,
demanding for the perpetrator to be arrested.
However, due to political protection granted
to the perpetrator by the local political parties,
he was granted amnesty. Ms. Joshi said that
this is very sad, as the very parties which are
supposed to help the movement of HRDs are
actually working against them.
Also many HRDs changed their mind on the
cases, as a result of the pressure exerted
by the political parties they were attached
to. The same thing happened to some of
the perpetrators' colleagues, working at
the health post, who protested blocking the
streets when the Court issued the order to
arrest the perpetrator. On top of this, a case
was filed against us for defamation against
the perpetrators.
e. Woman from the WHRDs network
A WHRD has raised the issue of disability:
disabled women encounter an unfriendly
environment in aircrafts, buses and public
transportation and services. We, as women
and as disabled women, feel discriminated
against. Although the government has ratified
the UN Convention on the Rights of the
People with Disabilities, its implementation
is still rather weak or nonexistent, as it is
illustrated by our experiences. The last
recent examples of this are the difficulties we
had to face in order to reach Kathmandu for
DAY 1

24 25
1. Ganga Thapa, Protection Desk-Nepal
Protection Desk-Nepal (PD-N) has been
conducting capacity building and security
training for HRDs across the country since
2006, and has specific programs for WHRDs,
victim groups, and LGBTI defenders and
organizations
PD-N also aims at supporting local defenders,
victims and other vulnerable groups to
integrate their protection into the agendas of
state authorities. National and international
organizations have encouraged an active
role of all stakeholders in the protection of
defenders. As a result, the EU working group
on HRDs was established as a part of the
EU local implementation strategy for the
EU Guidelines on HRDs, of which PD-N is
also a member. Within this working group, a
sub-group has been formed to monitor and
document human rights violation, compile
and analyze information from reliable
sources, generate recommendations, and
work on selected emblematic cases. As a part
of the local implementation strategy, the EU
Working Group organized a trip to Eastern
and Far western Region for assessing the
situation of HRDs.
PD-N organized a regional consultation
(supported by the German Embassy) on
protection mechanism for HRDs in all the
five development regions of Nepal. These
consultations brought together, 1000 people
including WHRDs, LGBTI defenders, trade
unions, religious groups, journalists and
political parties to discuss the diverse
needs of the defenders, who made specific
recommendations for their protection. These
recommendations were directed to the state,
the EU embassies and the national human
rights institutions, as well as to the civil
society.
PANEL 2: Coping mechanisms and strategies
developed by Human Rights Defenders in
the context of impunity, political impasse
and non-recognition of their work—linking
the movement. Moderator: Mr. Ganesh BK,
Human Rights Alliance
Objective: The objective of this discussion
was to understand and analyze the different
mechanisms and strategies developed by
diverse defenders to enforce and protect
human rights. This panel also showed
how defenders have developed collective
strategies to guarantee their security and
protection.
PD-N continuously meets with human rights
organizations and HRDs in the region to
monitor their situation and provide counselling
on security measures. PD-N has been
working closely with WOREC, INSEC and
BDS to implementing the recommendations
of the regional consultation.
2. Mr. Kosh Raj Neupane, Deputy Director,
National Human Rights Commission
Mr. Neupane shared that there is lack of
state policy on the protection and security
of HRDs. Due to geographical disparities,
defenders operating outside the Kathmandu
valley can access limited information and
resources. Likewise, the lack of cohesion and
coordination amongst the defenders prevents
them from accessing effective protection. He
further stressed the need to establish an Early
Warning and Rapid Response Mechanism
for defenders at risks, and the responsibility
of the government to develop specific laws
on HRDs, along with the upholding of the UN
Declaration on HRDs.
Open discussion
a. Mr. Manoj Bachhan, Lawyer and
Secretary, Madeshi HRDS Network, Jagrit
Mr. Bachhan highlighted the situation in
the Madhesh area, where his organization
operates. He said that they have been
experiencing many problems; in particular,
the most worrying are the rampant impunity
and the proliferation of armed groups,
together with the rising of criminal groups.
Given the situation, HRDs are often forced to
work with criminal groups and with corrupted
police personnel.
He explained the nature of the work
performed by its organization, stressing their
collaboration with women’s organizations
and CBOs. He stressed that CBOs (whose
working area is confined) work closely with
WHRDs at the local level.
He further identifies some of the core
issues they are addressing: the issue of
‘untouchability’, domestic violence, witchcraft
accusations, and incestuous rape. Another
major problem in the Terai region is extra
judicial killings: as Nepal shares a border with
India, both border forces are often involved in
cases of VAW.
b. Sunil Kumar Sah, Samagra Jana Uthan
Kedra, Chairperson, Siraha District
Mr. Sah explained that his organization works
in close collaboration with the WHRDs network
in the Siraha district. They provide support for
cases of violence against WHRDs, or for the
relocation of WHRDs from the Siraha and

26 27
Saptarai districts. These WHRDs still fight,
irrespective of the attacks and the torture they
have been inflicted. Mr. Sah and its association
recognize the huge contribution to peace and
democracy given by WHRDs and stresses that
they are trying their best to ensure justice for
the victims. HRDs work in close collaboration
with WHRDs, and regular meetings are held.
Mr. Sah shared that recently a 7-year-old girl
was raped by a 35-year-old man. The girl
was saved by his organization. The parents
of the girl did not own enough money to have
her treated adequately at the hospital, so
they prioritized the necessity of protecting
the honour of the family, neglecting the
importance of her treatment. The parents
were stopped in Lahan, by the HRDS network,
which fundraised for the treatment of the girl.
Mr. Sah further elaborated that the network
received support also from the police. The girl
was taken to Rajbiraj for receiving treatment,
and she had to undergo two major operations.
Luckily she was able to return home. This is
just an example of how the HRDs networks
work collaboratively together.
c. Shivamaya Thumbahamphey, member
of the NAWHRDs
Ms. Thumbahamphey shared that WHRDs do
not get any form of support from the police.
Therefore, they mainly work in coordination
with government agencies, and with NGOs,
as they are interested in upholding and
protecting women’s rights. She said that
WHRDs face major challenges, and they try
to cope by sitting together with government
agencies and NGO to discuss possible
remedies. She further added that, when
discussing about the rights of WHRDs, they
should not be the only part concerned. It is in
everyone’s best interest to raise the issue of
human rights.
d. Kasala, WHRDs network, Bardiya
district
Ms. Kasala responded to the presentation of
Mr. Manoj Bachhan, who said that often, HRDs
have to work in close relation with criminal
groups and with the police. She shared that
recently, in the Bardiya district, two children
were killed. They witnessed that government
bodies, such as the security forces and the
investigation section, as well as some HRDs,
were supporting the criminal groups. As a
result of this, the whole definition of HRDs
comes under question. During the conflict,
irrespective of where we work, we worked
as defenders. However, the situation has
changed, and today many HRDs are close to
either criminal groups or political parties.
How do we define a HRD? The universality
of human rights has to be ensured by HRDs,
throughaneutralaction,freefrompartypolitics
and hidden agendas. However, especially in
the Terai region, criminal activities are often
done in the name of human rights. In such
situation it is very difficult to work.
e. WHRD, WHRDs network, Solukhumbu
district
Women across Nepal have become aware of
the budget allocated by the government for
the advancement of women and of gender
equality. Subsequently, they have come to
realise the importance of discussing about
women's issues in order to be able to submit
a consistent proposals to the government.
However, the political parties tend to interfere
in matters of gender budget, not respecting the
fact that the budget is meant to be allocated
for the empowerment of women.
f. Sarita KC, WHRD, Chitwan District
Ms. KC shed lights on the situation of WHRDs,
sharing a case she has been recently involved
in. A woman was raped in her district. After 3
days the perpetrators' families came to her.
The perpetrators had fled away and they were
willing to pay compensation (200.000 rupees)
to the victim. She refused the deal and the 4
perpetrators were imprisoned by the police.
The big political parties exerted pressure
on her, asking why she was getting their
cadre imprisoned. Even members of the CA
were pressuring the police, saying that the
perpetrators should have been released.
HRDs were present too, lobbying the CDO
and the police in order to get justice and avoid
the release of the perpetrators. In the evening,
they received a phone call saying: "Get out of
your house, we are going to vandalise your
property". She replied that she was not a
coward, and she did not run away. After 2-3
days she was stopped by two boys but when
they saw her face, they let her go. This is due
to the fact that she is a recognized HRD and
political leader, so that she could stand for her
own rights, without being violated. However,
had it been another woman, she would have
been raped. Those are the kind of risks faced
by defenders.
WHRD, WHRDs Network, Baglung District
She stated that the situation of women in Nepal
is not homogenous, as, even within women,
Dalit women and women from marginalised
community are disproportionately suffering
from human rights violation.
Mr. Ganesk BK, Human Rights Alliance
Mr. Ganesh BK said that there have not been
significant political changes in the country, in
spite Nepal being declared as a Democratic
FederalRepublicin2007.Hesharedhisrecent
experience in the Dailekh and Baitadi districts,
where he managed to meet with some Haliya
women. They expressed their understanding
of Nepal through a song. The song mentioned
the fact that their landlords are still referred
to as masters, as they were called before the
people's movement. This might be seen as
an irrelevant issue of terminology, but these
women wanted to explain how the feudal
attitude of their master has not changed yet,
and major discriminations are still taking
place. Mr. BK further added that HRDs face a
lot of challenges, which need to be prioritized
in the government agenda.

29
DAY 2
1. Mr. Shiva Bhandari, Contact person for
the European Working Group on Human
Rights Defenders
Mr. Bhandari introduced himself as the contact
person for the EU Working Group on HRDs,
shedding light on the existing security and
protection mechanisms for HRDs as foreseen
by the EU Guidelines on HRDs. He further
elaborated on the scope and nature of the
activities of the EU Working Group, focusing
on Gender Specific provisions for WHRDs.
PANEL 3: Emerging and existing mechanisms for the protection and security of
human rights defenders.
Objective: The objective of this discussion is to reflect on the emerging and existing
mechanisms that has been developed and designed for the protection of Human Rights
Defenders by different agencies. This will also discuss how those mechanisms have been
implemented.
He said that issues related to WHRDs shall
be taken into serious consideration, and that
the concerns raised during the first day of the
present National Consultation with the UNSR
must be given the highest attention and
priority. Economical and technical support
shall be provided.
Mr. Bhandari also informed the audience of
the EU Action Plan 2010-2015 on HRDs,
which contains a set of instructions for EU
member states to work on this issue. Finally,
he invited the crowd to directly contact the EU
for further information, e.g. by contacting the
forum of the EU
2. Mr. Kosh Raj Neupane, Deputy Director,
NHRC
Speaking on behalf of the NHRC, Mr.
Neupane said that the mandate of the NHRC
is to promote and protect human rights,
to investigate and monitor human rights
violations, and to provide recommendations
to the government for the improvement of
the human rights situation in the coutry. To
a certain extent, he said, the NHRC mandate
can be assimilated to that of a court.
MrNeupanefurtherelaboratedthattheNHRC,
in case of a violation being committed, follows
a two-step process: 1. Make the perpetrators
accountable; 2. Ensure compensation and
reparation to the survivors and/or their
dependents. As a preventive measure, the
NHRC has established a Rapid Response
Mechanism (RRM), to deal with human rights
violation more effectively.
The NHRC is also responsible for developing
guidelines for HRDs. In addition, the NHRC
also builds the capacity of HRDs through
Mr. Hari Phuyal
Mr. Kosh Raj Neupane
Mr. Shiva Bhandari
training programmes, working in close
collaboration with the civil society.
3. Mr. Hari Phuyal, Human Rights Lawyer
Mr. Phuyal highlighted the legal procedures
28

30 31
that can be followed in case of human rights
violation. In the case of criminal offences,
the following actions are envisaged: File the
First Information Reports (FIRs) at the Police
after any occurrence of violence; if the Police
refuse to file the case, the victim can then
approach the Chief District Officer (CDO);
once the case has been endorsed by the
CDO, it can be taken to the Appellate Court.
Mr. Phuyal explained that in incidence of
domestic violence, the victim can approach
the District Court for demanding justice. He
further added that the victims can also lodge
complaints to the National Human Rights
Institutions, such as the NHRC, the NWC and
the NDC, in case of specific types of violation.
He then added that different human rights
organizations can also play a pivotal role
in addressing the redress demand of the
victims. Besides, they are central for raising
the victim’s voice and disseminating it through
the media.
Mr. Phuyal further explained that international
mechanisms are also available, in
conjunction with the national ones. When
national mechanisms fail to provide justice,
international instruments, such as diplomatic
missions and the International Criminal Court
can be approached.
4. Kamal Pathak, Advocacy Forum, on
international and regional mechanisms
Highlighting the fact that there are no regional
security mechanisms in South Asia for
Human Rights Defenders, Mr. Pathak briefed
on the existing regional and international
mechanisms for the protection of (W)HRDs.
He stressed that the South Asian Association
of Regional Coorpearation (SAARC), as a
regional body, lacks separate strategies or
protection mechanisms on human rights.
He explained that there are 5 international
mechanisms and 1 regional mechanism for
South East Asia. The international regional
mechanisms comprises of a) The African
Commission on Human and Peoples’ Rights,
b) The Inter-American Commission for
Human Rights, c) The Council of Europe and
its Commission for Human Rights, d) The
Office for Democratic Institutions and Human
Rights for the Organization for Security and
Co-operation in Europe and e) The 2004 EU
Guidelines on HRDs.
Mr. Pathak, stressed the fact that South
Asia is lacking a regional instrument on
HRDs, despite such a possibility has been
explored during the regional consultation,
held in Kathmandu in 2009. During this event
HRDs from all over South Asia met and
discuss various options to establish such a
mechanism.
Mr. Pathak elaborated on the necessity of
a regional instrument. He said that HRDs
are always on the frontline in the promotion
and protection of human rights. However,
despite their efforts to uphold human rights,
governments, national laws, police forces,
etc., fails to provide adequate protection, thus
reducing the scope of HRDs’ action.
5. Ms. Sudha Uprety, OHCHR
Ms. Uprety shared on the implementation
of the UN Declaration on HRDs linking it
with treaty bodies. She explained that the
international human rights mechanisms can
be divided into two, Treaty-based mechanism
(CEDAW; CESCR; HRC; CERD; CAT;
CRC; CMW; CRPD) and Charter-based
mechanism (UPR; human rights council and
Special Procedures). She further elaborated
that national, regional and international
mechanisms are available for the protection
and security of HRDs. Amongst the
international mechanism, the UN Declaration
of HRDs is a legally binding instrument, and
its adoption by the state would strengthen its
potential as a support tool for human rights
and human rights defenders. Its inclusion
within a State’s domestic legislation would
facilitate its application by the judiciary and
respect for it by State authorities.
Ms. Uprety highlighted the importance of a
correct implementation of the Declaration by
the state. This process involve implementing
the Declaration’s provisions, monitoring
the progress made, and publishing a report
indicating what steps have been taken and
those articles in relation to which concerns
remain. Further developing, in consultation
with civil society, shall be considered, and
a plan of action for the implementation
of the Declaration must be published.
The state must also disseminate the
Declaration through information and training
programmes targeting, for example, HRDs
themselves, state officials, intergovernmental
organizations and the media.
Ms. Uprety concluded by stressing on
the importance of linking the three level
of mechanism (national, regional and
international) together. She added that the
international and regional norms require
national implementation to be effective, and
national norms should be consistent with
international and regional standards. Finally,
international and regional judicial protection
shall be used only when national remedies
have been exhausted internationally.
6. Ms. Iona Liddell, Communication Officer,
Peace Brigades International
Ms Liddell explained how the main goal of
PBI is to ‘make space for peace’. Such a
goal is pursued by protecting HRDs and
the space in which they can work. PBI aims
at increasing both the recognition and the
protection of HRDs. In the first place, this is
possible by physically accompanying HRDs
on the field. This has a deterrence effect
against potential perpetrators. Moreover, PBI
builds connections and networks with otherMs. Sudha UpretyMr. Kamal Pathak
Ms. Iona Liddell

33
organizations (e.g. WHRDs Network, WOREC
etc.). PBI supports HRDs on the ground with
an established protection mechanism, and
gets their message across and outside Nepal.
PBI also runs a pilot project in Dhanusa, and
community projects in Bardyia and Dafuo.
a. Member of INSEC
A question has been addressed to the NHRC
representative from an INSEC member.
Impunity and other weak legal implementation
have put HRDs at risk. Despite the harsh
situation, there is a remarkable lack of
unity amongst organizations in the districts.
The NHRC could play a catalyst role and
bring together various organizations. So
far, which steps in this direction have been
taken? Recently, there has been an attempt
to disintegrate the human rights movement
in the name of caste, religion, gender and
specific rights. Defenders face additional
risks, due to the geographical disparities too.
Another problem that should be addressed by
the NHRC is the presence of a widespread
culture of self-censorship.
b. Mr. P.B Gautam, INSEC, Rautahat
district
Mr. Gautam raised the problem of the lack
of coordination between human rights
organizations. It is not clear who should
intervene and when. If the OHCHR is asked
to intervene in the Terai, they say that they
don’t have the mandate, but when INSEC
is reporting cases of rape and extra judicial
killings in the Terai, it often does not have the
OPEN
FORUM DISCUSSION DAY 2
mandate too. Moreover, as the OHCHR talks
to armed groups directly, armed groups look
at INSEC and other organizations negatively.
He further shared his experiences about the
mandate of the NHRC on the investigation of
human rights violations. The NHRC claims
that they need approval from their office
to conduct investigation, but the challenge
here is that , by the time that the NHRC gets
the consent to act, the victim can either be
disappeared, or in detention, or even dead.
So what can the NHRC do about it?
c. Member of the WHRD Network
The NHRC is an authoritative body, similar
to the judiciary system. So, how many cases
have been recommended to you and how
many cases have you solved? Can you
please clarify your mandate? What work has
the NHRC done for the capacity building of
WHRDs?
d. WHRD, Kapilvastu district
The NHRC forms task forces to conduct
investigation on human rights violation. Are
these reports public? If not, can the NHRC
lobby to ensure that these reports are made
public?
e. WHRD, Solukhumbu
How can WHRDs get in contact with the
European Union?
f. Mr. Shiva Bhandari shared that the EU has
its partner organizations in various parts of
the country, so that immediate demands can
be met. Protection International is one of such
organization,whichcanbedirectlycontactedin
case of emergencies. In addition, emblematic
cases can be immediately forwarded to EU
focal person. He further added that the EU
delegation is committed to implement the
Action Plan 2010-2015 at the regional level,
in coordination with the NHRC, the OHCHR
and other like-minded organizations and
institutions, to address the current status
quo. Although the EU does not have a direct
implementation mechanism, ambassadors
of the various EU states visit districts as a
gesture for pressurizing the government to
assess, monitor and implement its laws and
policies.
Ms. Margaret Sekkagya, United Nations
Special Rapporteur on the situation of Human
Rights Defenders
Responding to the presentations, queries and
questions presented during the Consultation,
Ms. Margaret Sekkagya highlighted the
following important points on the mandate of
the Special Rapporteur. She shared that it is
not necessary for the national mechanisms to
be exhausted, in order to send the cases to
the UN Special Rapporteur. The cases can be
directly sent to the Special Rapporteur. The
mandate of the UNSR is limited in its scope,
covering only cases of violations against
HRDs. She added that Special Rapporteurs
are independent actors, and they have the
power to recommend governments to address
HRDs’ cases. The UNSR on the situation of
HRDs has the responsibility to promote the
UN Declaration on HRDs
Ms.Sekkagyaavowedandpledgedtoaddress
the issues presented during the consultation
in her report to the UN Human Rights Council
and requested the audience to advocate for
an official invitation from the government of
Nepal to the UNSR.
32

34 35I n the context of Nepal, HRDs have
played a recognizable role for the
political transformation of the country from
an autocratic to a federal, democratic state.
Their efforts in denouncing the human rights
violation during the time of the people’s war
have cost immense sacrifices and, often, their
own lives.
In the current political instability, which
has catalyzed the institutionalization of
impunity in the country, HRDs and especially
WHRDs and LGBTI defenders face severe
discrimination and are vulnerable to multiple
violations. There are no security mechanisms
for HRDs, and existing provisions are often
ineffective. There is an urgent need for the
state agencies to develop such mechanisms.
A conducive environment for the protection
of human rights must be created in order to
allow HRDs to do their work.
Existing laws have to be reviewed in the
wake of newer and more unconventional
challenges being faced by WHRDs on a daily
basis. WHRDs have to undergo dual risk: they
are vulnerable as women and as defenders.
Stigmatization has crippled the identity of (W)
HRDs, and consequently enhanced the non-
recognition of their invaluable contribution.
Defending the rights of the LGBTIs,
indigenous minorities, differently able
individuals, Dalits and of other discriminated
minorities, WHRDs are working to the best
of their abilities and capacities so that others
can live a just and meaningful life, free from
threats and violence. Because of the fact that
they challenge the orthodoxy of the society,
WHRDs bear the major brunt— facing
murder, domestic violence, kidnapping, and
threats. Let’s remember that cases such as
that of Laxmi Bohra are still languishing in the
court.
This National Consultation provided a
CONCLUSIONS
platform for over 200 (W)HRDs from all the
five development regions of Nepal to come
under one roof and express their concerns
to the UNSR. Ms. Sekkagya, upon hearing
the poignant accounts of the (W)HRDs,
avowed to include the cases presented
in the consultation in her report to the UN
Security Council. This, we sincerely believe,
will definitely help in making the international
community aware of the professional hazards
of the (W)HRDs, and their impact on their
personal lives; Moreover, it will pressurize
the GON to develop an effective security and
protection mechanisms for the defenders as
well as for the survivors and witnesses.
This National Consultation is also a gesture
of thankfulness towards these heroes who
are putting their lives at stake to promote
and protect the rights of others. We salute
the sense of duty and responsibility of these
magnificent and distinguished individuals,
who are braving all odds to make lasting
changes in the society.
Overall Challenges
Lack of regional security and protection
mechanisms for HRDs in Asia
Many of the speakers reiterated that the
existing political instability in Nepal has lead
to a culture of rampant impunity, still not
addressed by the state. There is lack of
state’s accountability in enforcing justice to the
victims, so that the current justice system can
be defined as highly dysfunctional. Moreover,
this unreliability has discouraged citizens, who
have lost faith in the judicial system, and make
often use of informal justice mechanisms
(e.g. women’s court). The political parties
have infringed the Comprehensive Peace
Agreement (Art. 7), by providing amnesty for
the perpetrators of violence against HRDs. In
fact, the politicisation of the cases occurs on
a daily basis.
Despite the strength of the human rights
movement, many speakers have highlighted
that identity politics based on gender,
ethnicity, religion and political affiliation are
fragmentising the human rights movement,
thus reducing its power.
The participants reiterated the need of
decentralising information from the central
region to the districts. Given the topography
of Nepal, information and resources tend to
be concentrated in the central region, so that
HRDs operating in the districts have scant
access to them. There is impellent need
to create a mechanism so that information
and resources can flow to the districts,
strengthening the capacity of the local HRDs.
As for the root cause of the challenges faced
by HRDs in Nepal, most of the participants
have pointed out that the existing feudal and
patriarchal social structure play a central
role in fostering discrimination in all its
forms. Therefore, discrimination has to be
considered.
Overall Recommendations
 Advocate to develop a separate
protection strategy and mechanisms
for HRDs in Asia;
 Strengthen local networks with special
focus ion those working in the districts;
 Strengthen cooperation between all
organizations working together in a
coordinated manner;

36 37
 Conceptual clarity on the universality
and indivisible nature of human rights
and the role and responsibilities of the
defenders;
 Enhance the access to information of
community-based defenders
 NGOs and the civil society should
campaign on the issue of pressurizing
the government to extend a formal
invitation to the UNSR;
 There should be systemic and
systematic documentation of the
cases of rights violations of HRDs.
Recommendations to the State
 Implement the EU guidelines on
Violence Against Women in all the
government programs;
 Develop protection mechanisms for
HRDs, along with a Rapid Response
and Early Warning Mechanism;
 Enact laws for the protection of the
HRDs, survivors and witnesses
(witness protection);
 Build the UN Declaration on HRDs
into a binding instrument;
 Adopt laws reflecting the GON’s
responsibility to protect defenders.
Recommendations to the UNSR on HRDs
 Take up the issues highlighted in the
Consultation during her meeting with
the GON;
 To address the issues raised in her
Report to the UN Security Council.
Declaration of the National Consultation
of Women Human Rights Defenders with
the United Nations Special Rapporteur on
the situation of Human Rights Defenders
On November 25-26, 2010, over 200 Human
Rights Defenders, including the activists
working for women’s rights, LGBTI rights,
and marginalized communities gathered
in Kathmandu to discuss issues related to
the security and the protection of defenders
while celebrating the International Day for the
Elimination of all Forms of Violence Against
Women (November 25th).
Given that the commitments to human rights
and to ending impunity for past and present
violations still remains rampant and largely
ignored.
Was the ongoing instability in the country,
lead to increased violence against women,
food insecurity, lack of access to health
care, to justice and support in case of natural
disaster, and to other difficult situations,
creating additional risks for human rights
defenders (HRDs).
Given that HRDs are the targets of physical
assaults, torture, beatings, arbitrary arrest and
detention, death threats, harassment, and
restrictions on their freedom of movement,
expression and opinion, association and
assembly.
Given that Women Human Rights Defenders
(WHRDs) and lesbian, gay, bisexual and
transgender and intersex (LGBTI) defenders,
face specific risks and threats because
of the gender, gender identity and sexual
orientation, and the issues that they work on.
Whereas the absence of the rule of law
has aggravated the security situation of all
Nepali people, and especially that of HRDs
(in particular WHRDs and LGBTI defenders),
no legal and formal support mechanism
has been designed for HRDs which remain
vulnerable to the threats they face.
Given that there is a Supreme Court Directive
to the Government of Nepal aimed at
developing policy to protect HRDs working in
situation of great risk, and specially WHRDs.
Given that the adoption of the Domestic
Violence Act (2009), and the Declaration of
the Prime Minister to end all forms of Gender
Based Violence are two recent progressive
efforts that contribute to ending violence
against women.
Given that the NON RECOGNITION
of the work of WHRDs leads to further
marginalisation and increase the insecurity
faced by women defenders.
Given the imminent need for the creation
of specific mechanisms for the protection of
HRDs.
We, the Human Rights Defenders of Nepal,
call for the following actions to different
agencies to bring an end to impunity
and to promote and protect the rights of
Human Rights Defenders:
ANNEX

38 39
To the State
1. Focus efforts on the full realization of the
principle that women’s rights are human
rights as expressed in the Universal
Declaration on Human Rights, Vienna
Declaration and Programme of Action
and the Beijing Platform for Action (BPFA)
and other international human rights
instruments. All State action must work on
a policy that the human rights of women
are inalienable, integral and indivisible
part of universal human rights. The full
and equal enjoyment of all human rights
and fundamental freedoms by women
must be a priority for States;
2. Ensure constitutional recognition of the
rights to defend human rights. Immediately
develop national protection mechanisms
for HRDs in line with the decision of the
Supreme Court on HRDs, with special
consideration of gender issues;
3. Recognize that women are defenders and
are entitled to the full exercise of the right
to defend;
4. Address impunity by ensuring
accountability for past and present human
rights violations through establishing
gender sensitive transitional justice
mechanisms;
5. Ensure and strengthen the capacity and
independency of the National Human
Rights Commission;
6. Sensitize and raise the awareness of the
community and of public opinion on the
right to defend and the value of the work
of HRDs, and, in particular, acknowledge
the legitimacy and credibility of WHRDs;
7. Enact, and train security agencies on the
implementation of laws for the protection
of victims and survivors and witness
protection;
8. Actively lobby for transforming the UN
Declaration on HRDs into a binding
instrument;
9. Advocate to develop a separate protection
strategy and mechanism for HRDs in Asia;
10. Ensure special protection measures for
protecting the rights of HRDs, especially
WHRDs, LGBTIs, indigenous minorities,
differently able individuals, Dalits, and
marginalized defenders.;
11. Extend an official invitation to the UNSR on
HRDs, in order to advice the government
on how to best implement the previous
recommendations;
12. Ensure proper implementation of the EU
Guidelines on Human Rights Defenders
and the EU Guidelines on Violence
Against Women;
13. Provide education on women’s rights at
all levels, in order to counter patriarchal
norms that impede gender equality and
women’s full enjoyment of their rights;
14. Extend the term of the Office of the High
Commissioner for Human Right (OHCHR)
s to stay in Nepal until the political impasse
comes to an end;
To the Human Rights Defenders:
1. Develop conceptual clarity on the
universalityandindivisiblenatureofhuman
rights and the role and responsibility of
human rights defenders;
2. Creation and strengthening of the national,
sub regional and regional coalitions and
networks to enhance the protection of
HRDs and development of proper policies
and strategies in order to ensure the
respect of HRDs;
3. Be accountable to provide information
and access to information for community
level defenders;
4. Campaign to lobby the government to
send an Official invitation to the SR HRD
5. Develop Systematic documentation of the
cases and develop capacity of community
defenders to document violations of
human rights;
To the International Community
1. Lobby for the official visit of UNSR HRD;
2. Support the establishment of protection
mechanisms for HRDs that includes the
strengthening of contacts and networks
between defenders;
3. Follow-up on diplomatic missions to
other parts of Nepal with the Government
highlighting the situation of local human
rights defenders;
4. Advocate for developing constitutional
provisions and subsequent legislation
protecting the rights to defend human
rights;
5. In line with continued international
support for the protection of defenders
and promotion of human rights actively
engaged South Asian governments on the
creation of a regional human rights body
with an individual complaints procedure;
6. Ensure that the European Guidelines
on Violence Against Women becomes
an integral part of any European Union
Funding provided for the government of
Nepal;
7. Ensure translation and implementation
of the European Guidelines on Human
Rights Defenders , European Guidelines
on Violence Against Women and
European EU toolkit on the rights of LGBT
persons
To the United Nations Special Rapporteur
on the situation of Human Rights
Defenders;
1. To lobby with the Nepal Government and
other Missions to extend an invitation for
an official visit to Nepal;
2. To lobby with the different agencies to
formulate specific recommendations on
recognition and security of Human Rights
Defenders for Nepal during the UPR
review in January 2011

40 41
Dev Kumari Mahara, WHRD,
siraha.worec@gmail.com
Mr. Subodh Raj Pyakurel, Chairperson, INSEC,
subodh@insec.org.np
Ms. Margaret Sekkagya, UNSR,
urgent-action@ohchr.org
Dr. Renu Rajbhandari, NAWHRDs,
suchana.renu@gmail.com
His Excellency Morten Jespersen, Embassy of
Denmark in Nepal, ditbje@um.dk
Roberto Ricci, Officer in charge, OHCHR Nepal,
rbennett@ohchr.org
Hon. Kedar Nath Upadhaya Chairperson, NHRC
nhrc@nhrcnepal.org
Mandira Sharma, Executive Director Advocacy
Forum, msharma@advocacyforum.org.np
Ganesh BK, President, Human Rights Alliance,
alliance.humanrights@gmail.com
Manisha, Blue Diamond Society,
bluediamondsociety@yahoo.com
Mr. Chandra Singh Kulung
Ms. Rita Thapa, Founder TEWA, Naagarik
Awaaz, WAPPDCA, ritathapa.patan@gmail.com
Monika Jha, Journalist & WHRD, Dhanusha
district
Sanjay Sharma, Blue Diamond Society,
bluediamondsociety@yahoo.com
Narayan Subedi, INSEC insec@insec.org.np
Shiva Maya Thumbahamphey, Member,
NAWHRDs; shiva_tumba@yahoo.com
Sunil Sah, HRDs Network, District,
sunil.rights@gmail.com
Suraj Bhattarai, Federation of Journalists,
suraj.bhattarai@live.com
Manoj Bachan, Manoj Bachan, Madheshi HRDs
Network, mk.bachchan@gmail.com
Ganga Thapa, Protection Officer, Protection
Desk Nepal, pdnepal@protectiondesk-nepal.org
Shaun Kirven, Consultant and Researcher,
shaun.kirven@gmail.com
Dr. Netra Prasad Timsina, President, NGO
Federation, nptimsina@gmail.com
Shiva Bhandari, Contact person for European
Working Group on HRDs,
Shiv.bhandari@ec.europa.eu
Kamal Pathak, Advocacy Forum, Programme
Coordinator, kpathak@advocacyforum.org.np
Advocate Hari Phuyal, Human Rights lawyer,
hariphuyal@yahoo.com
Sudha Uprety, OHCHR,
suprety@ohchr.org
Ms. Iona Liddell, Peace Brigades International,
communication officer,
communications@pbi-nepal.org
Kosh Raj Neupane, Deputy Director, NHRC,
kosh.neupane@nhrcnepal.org
List of Participants Songs by WHRD participants
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