The Asian Centre for Human Rights (ACHR) in its report, “2013 Proposed Elections in Nepal: An agenda for international ommunity” released today, has stated that the continuance of Khil Raj Regmi as the Chief Justice of Nepal is harming the independence of the judiciary, which is indispensable to conduct free and fair elections in that country.
“The consequences of not holding or not being able to hold elections are more anarchy. The impatience with Khil Raj Regmi government including by four big political parties will grow while Regmi’s tenure as Chief Justice will expire in June 2014. If elections cannot be held, direct rule by President Ram Baran Yadav might be within the realm of possibilities but President Yadav must avoid any temptation or trepidation for direct governance,” said Suhas Chakma, Director of the Asian Centre for Human Rights.
Outlining the obstacles for holding elections, the ACHR stated that the Interim Election Council (IEC) faces many challenges to conduct free and fair elections, including questionable mandate of the four big political parties in the light of the vehement opposition by 33 political parties led by Communist Party of Nepal (Maoists), which is led by Mohan Vaidya.
The ACHR also claimed that the credibility of the IEC itself is questionable in the light of writ petitions pending before the Supreme Court of Nepal on the appointment of Chief Justice Regmi as the Chairman of the IEC.
“Despite the existence of High Level Political Mechanism, the spectre of violence especially in the rural areas shall remain the most critical challenge for holding free and fair elections. Further, access to illegal funds by the political leaders and use of the same to determine outcome of the CA-Parliament elections remains another obstacle to holding free and fair elections,” asserted Chakma.
The ACHR has asked the Interim Election Council and the Election Commission to:
(i) Hold elections in five phases for the development of Nepal
(ii) Deploy the Nepal Armed Police and the Nepal Army to ensure free and fair elections
(iii) Provide all civil officers and security forces for election duty
(iv) Issue guidelines by the Election Commission of Nepal to ensure respect and compliance with instructions
(v) Conduct vulnerability mapping to identify sensitive and vulnerable areas, including the number of police stations affected by highly pronounced rivalry between political parties in every district.
(vi) Ensure that nomination forms, inter alia, provide for declaration of income tax returns filed by the candidates and information as to whether any case of corruption or human rights violations pending before the Courts, Ant-Corruption Commission and/or National Human Rights Commission.
(vii) Develop and notify Code of Conduct for political parties 120 days before elections
(viii) Develop election expenditure monitoring mechanism, including monitoring day to day expenses to control abuse of money and power
(ix) Develop dedicated flying squads to each assembly constituency for tracking illegal cash transactions or any distribution of liquor or any other items suspected of being used for bribing voters
(x) Create a static surveillance team to put check posts and keep watch on movement of large quantities of cash, illegal liquor, or any other item of suspicion
(xi) Develop measures for prevention of intimidation of voters or vulnerable sections of the electorate
(xii) Develop 24×7 complaint monitoring control room and call centres at the district level to operate from the date of announcement of election
(xiii) Issue guidelines for vehicles to be used for campaign by candidates and political parties
Asian Centre for Human Rights recommended to international community to provide all necessary assistance to Nepal for holding phase-wise elections and movement of the security forces prior to the elections. (ANI)