MOTION FOR A RESOLUTION on Nepal
15.6.2010
pursuant to Rule 122 of the Rules of Procedure
Jean Lambert, Heidi Hautala, Barbara Lochbihler, Raül Romeva i Rueda on behalf of the Verts/ALE Group
See also joint motion for a resolution RC-B7-0383/2010
B7‑0387/2010
European Parliament resolution on Nepal
The European Parliament,
– having regard to the Statement by the spokesperson of the EU High Representative Catherine Ashton of 30 April 2010 on the political situation in Nepal,
– having regard to Rule 122(5) of its Rules of Procedure,
A. whereas on 21 November 2006 a Comprehensive Peace Agreement (CPA) between the Seven party Alliance and the Maoists (CPN-M), which controlled large parts of the country, terminated a 10-year civil war, which had resulted in some 13 000 deaths,
B. whereas this historic agreement showed what can be achieved when political forces negotiate in good faith, paving the way for elections to a constituent assembly, the creation of an interim government, including the Maoists, the disarmament and cantonment of the Maoist fighters as well as the confinement of the Nepalese army to the barracks,
C. whereas after the elections to the Constituent Assembly (CA) on 10 April 2008, assessed by the EU EOM as meeting many, if not all, international standards, in which the CPN-M gained close to 40 % of the votes, the CA decided to terminate the 240-year old monarchy and to transform Nepal into a Federal Democratic Republic,
D. whereas in May 2009 Prime Minister Pushpa Kamal Dahal (Prachanda) resigned and his party, the CPM (M) withdrew from government in a dispute with the President (Nepali Congress) over the dismissal of the army chief, who had been at odds with the Maoists regarding the reintegration of the former fighters of the People's Liberation Army (PLA) into the Nepali army,
E. whereas in the resulting political instability, aggravated by Maoist civil and parliamentary disruption campaigns, a fragile 22 party anti-Maoist alliance under Prime Minister Madhav Kumar Nepal (CPN-UML) has been unable to deliver the two key expectations: a broadly acceptable new constitution for the federal republic, within the foreseen two-year deadline of 28 May 2010 and an agreement on the reintegration / rehabilitation of the approximately 20 000 former PLA combatants,
F. whereas the Shaktikhor video, which appeared to substantiate charges of deception over combatant numbers and plans to use “democratisation” to politicise the national army, does raise legitimate questions which the CPN (M) has not yet clarified,
G. whereas on 28 May 2010 the relapse of Nepal into crisis with an uncertain outcome was prevented by a last-minute three-point agreement, foreseeing the extension of the constitutional assembly by one year, the formation of a national consensus government and the resignation of the prime minister of the present coalition government "as soon as possible" together with "progress on the peace agreement",
H. whereas since then dispute has erupted over different interpretations of the orally agreed timeframe for the resignation of the Prime Minister which threatens to prolong the stalemate in Nepal's political system,
I. whereas Nepal, being located in the middle between India and China, the world's fastest growing major economies, needs political stability in order to capitalize on its strategic location,
J. whereas Nepal continues to suffer from serious economic and social underdevelopment, whereas over 30% of the population fall under the absolute poverty line, 16% of the population are severely malnourished, the illiteracy rate remains the highest in South Asia and development is crippled by nationwide shortages in basic fuels, causing power cuts, restriction in transport and increases in food prices,
K. whereas Nepal will be at the forefront of countries immediately affected by climate change due to the melting Himalaya ice cap which predictably increases glacial lake outbursts, flash floods, land slides, droughts, heat waves and in its wake crop failure, malnutrition, endemics, hydropower shortages and other disasters,
L. whereas accountability for past and present human rights abuses and the struggle against the culture of impunity is perceived by many as an essential element for a lasting peace in Nepal, whereas no member of the state security forces or the PLA has so far been held criminally responsible for the grave and systematic abuses of the laws of war committed during the conflict,
M. whereas a mission of the European Parliament’s Delegation for relations with South Asia took place in Kathmandu during the crucial period of 23-29 May 2010,
1. Welcomes the last-minute decision reached by the political parties on 28 May 2010 to take the necessary steps to extend the tenure of the Constituent Assembly, to the extent that this decision allowed avoiding constitutional vacuum, and commends notably the important influence of the Women's caucus;
2. Believes that political consensus is essential to the peace process and calls on all political parties to implement without further delays nor preconditions the 28/5 agreement; deplores that while its first aim, which was the extension of the CA, has already been achieved, prevarication seems to be continuing as to the much needed formation of the national unity government;
3. Strongly appeals to the main political parties and the members of the Constituent assembly to act in the national interest and to use this possibly crucial opportunity to address outstanding peace process issues without further delay;
4. Welcomes the white book promised to explain to the population the progress achieved so far in drafting the constitution of the federal republic; commends the three thematic committees out of a total of eleven, which have completed their work;
5. Calls on the political parties, and notably on the CPN-M, to rein in their militant youth wings and to stop recruiting children; calls on the CPN-M to ensure unhindered access to the rehabilitation packages for minors discharged recently from their cantonments;
6. Calls on the EU and the Member States to support all efforts of the Nepalese government and the parties to find a solution to the integration of former Maoist combatants into the National Army or other security forces and viable alternative solutions for those who cannot be integrated into these organisations;
7. Calls directly on the UN, ideally in cooperation with the government, to establish procedures to vet potential members of the security forces to exclude clear cases of human rights violators from any UN peacekeeping positions; reminds the Nepali Army that, sadly, its known professionalism and reputation are already at stake and will very clearly remain so as long as long-standing and well-documented impunity issues within its ranks continue not to be addressed objectively, i.e. by the judiciary;
8. Is concerned about reports of new recruitments to the national army; recalls that the Supreme Court has ruled them compatible with the CPA insofar they involve only technical personnel; notes, nonetheless, that such a recruitment drive can exacerbate the difficulties faced in the transition process;
9. Remains deeply convinced that, two years after the demise of the monarchy, the Army should be brought under full democratic oversight, including budgetary aspects; affirms its solidarity with the Constituent Assembly in any steps it may take in this respect;
10. Re-iterates to the EU Member States that lethal weapons exports to Nepal remain prohibited under the CPA and calls on them to lend financial and technical support to creative solutions for the restructuring of the Nepalese army;
11. Expresses its full support for the crucial role the UNMIN plays and believes that its mandate should be extended at least until the peace process has entered a consolidated phase;
12. Is concerned about the reports over increasing incidences of torture and violent aggression; applauds, in this context, the work of the National Human Rights Commission of Nepal; regrets, however, that its status as an independent body has not been enshrined in law;
13. Expresses its concern that the Government of Nepal extended the mandate of the UNHCR by one year with a revised mandate gradually shutting down the body's regional operations, which runs counter to hopes that its human rights monitoring function could be stepped up;
14. Calls for the establishment of the Commission on Disappearances, the Truth and Reconciliation Commission and the Commission on National Peace and Rehabilitation as specified in the CPA;
15. Deplores strongly that, so far, there has not been a single prosecution in civilian courts for any of the serious crimes committed during the conflict by both sides;
16. Urges the parties and the government to end political interference in criminal proceedings, to create a politically independent judiciary within the constitutional process and to foresee in the same instance the ratification of the Statutes of the International Criminal Court;
15. Expresses its concern over the continuing practice of bonded labour, notably in Kamaiya, Haruwa and Charuwa, in addition to the worrying situation of the millions of landless which risks to degrade further under the effects of climate change and calls on the government and the parties to encourage the functioning of the Revolutionary Land Reform Commission;
16. Recognises the problems facing Nepal in dealing with refugee communities and welcomes the possibilities to give access to the territory and in the framework of the 'Gentlemen's Agreement' with the UNHCR and provide for more durable solutions;
17. Instructs its President to forward this resolution to the President of the Constituent Assembly of Nepal, the Secretaries General of the CPN-M, the CPN-UML and the NC, the Government of Nepal, the Chief of Army staff of the NA, l, the EU HR on Foreign Affairs, the Parliaments of the Member States, the UN Secretary General and the Member States of SAARC.