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Background

INHURED International is Nepal's first international human rights organization with Special Consultative Status to the Economic and Social Council (ECOSOC) of the United Nations. It is registered under the Nepali Association and Organization Registration Act. Its history goes back to the dark era of absolute monarchy under the Panchayati dictatorship and the restoration of multi-party system in 1990.

International Conferences

In the past 10 years, INHURED International has organized and co-ordinated several national and international meetings and conferences. They include:

• First International Conference on Human Rights Law-Making and Transition to Democracy in July 1991 for the newly elected Members of Nepali Parliament.

• Asia-Pacific NGO Conference on Human Rights in Bangkok in March 1993 which adopted a historic document called the Bangkok NGO Declaration on Human Rights and Plan of Action. This process led to the most effective participation of NGOs in the Second UN World Conference on Human Rights held in Vienna in June 1993.

• Public Hearing on Human Rights and the International Financial Institutions in Vienna in June 1993 to influence the above UN World Conference.

Fighting against IFIs and TNCs

INHURED International has also been active in monitoring the violations of human and environmental rights in development projects, particularly some destructive dams and other hydropower projects. In late 1993, it initiated, co-ordinated and won a major campaign against the Government of Nepal and the World Bank on the Arun III Hydroelectric Project. The project was unilaterally canceled by the World Bank President in August 1995 after critical findings of the Bank's Inspection Panel. INHURED International was one of the main claimants of the first-ever-filed case against the World Bank's Inspection Panel with a clear victory. In another public interest litigation co-filed by INHURED International, the Supreme Court of Nepal had delivered a landmark judgment on the right to information to be applicable also in the case of development projects and related environmental impacts.

Public Interest Litigation

After this victory at national and international levels, INHURED International has been continuously active in monitoring the policies and programs of the international financial and trade institutions, and transnational corporations. They include:

• Victory against the privatization of telecommunications from the Supreme Court of Nepal in 1997.

• Recently, the Supreme Court has asked the government to appear before the Court with justification for the denial of information and documents relating to the Structural Adjustment Programs and other secret deals with the International Monetary Fund. The case has asked for the constitutionality test, legal effects and human rights aspects of the SAP and any other similar agreements.

• There are also several cases pending in the Supreme Court for the cancellation of or reforms in various treaties completed with India and Australian Snowy Mountain Engineering Corporation (SMEC) relating to the construction of the world's some of the largest, destructive and anti-Nepal dam projects such as Pancheshwar and West Seti.

• It is also preparing for a major legal and human rights campaign against the World Trade Organization (WTO), particularly in opposition to Nepal's membership which is being planned now.

Human Rights Monitoring and Maoist Peoples' War

INHURED International is also monitoring the compliance with Nepal's obligations under the various international human rights instruments, including the International Covenants on Civil and Political as well as Economic, Social and Cultural Rights, and other conventions relating to women, children, slavery, racial discrimination, torture and migrant workers.

At present, INHURED International very much concerned with increasing human rights violations in the context of the "Peoples' War" launched by the Communist Party of Nepal (Maoist) in 1996. The government has recently submitted an anti-terrorist draconian bill for its adoption in the Winter Session of the Parliament. INHURED International and human rights groups are opposing it. If it becomes a law, all basic human rights guaranteed under the 1991 multi-party Constitution and over 16 major human rights instruments of the United Nations are going to be significantly curtailed and anyone who is critical of the government policies and the innocent people of insurgency-affected areas will be the main victims of the police and the local administration. Unfortunately, some Western countries, the international financial institutions and transnational corporations are also behind it to secure their free-market interest, privatization and dam-building in Nepal.

Its main concerns are related to the full respect of international human rights norms and the provisions of the 1949 Geneva Conventions relating to the Armed Conflicts as applicable to the situation by the both sides. It also deals with refugee rights issues, particularly of Bhutanese and the Tibetans in Nepal.

Political Harassment and Challenges

The past five years have been very difficult for INHURED International, for example:

• There has been a systematic character assassination campaign against INHURED International and its activists through the government-controlled as well as the private media, particularly after the cancellation of Arun III by the World Bank. Some of its office staff who had been fired from their positions after the abuse of the office were also manipualted politically and financially later on. During this time, many campaign-related information and documents were stolen and given to the government and/or foreign agencies. The office was vertually hijacked and an attempt was made to set up a parallel organization with the help of the Home Ministry, pro-dam and pro-West political leaders and some vested-interest party-affiliated human rights groups. Some Western NGOs and individuals, particularly those based in New York (who were misusning the image of the Arun III Campaign among the donors and raising funds for their benefits with no knowledge to us) also launched a massive character assassination and misinformation campaign in Europe and in the US among its campaign partners, supporters and friends. Several well-wishers of INHURED International also remained silent or neutral in this state of confusion, but some unilaterally decided to pass on negative judgment, misinterpret the facts or cut-off working relations without any understanding of the ground reality, but on the basis of hear-say information. It was a sad experience. The World Bank, Asian Development Bank and some dam-building transnational corporations were also active against INHURED International as a revenge to its opposition to their anti-people and anti-environment policies and activities.

• INHURED International survived all of this. It postponed all of its foreign-funded human rights activities and returned their money as far as it was possible. It immediately stopped asking for funds from outside. It secured its full registration in 1997 and legal status from the Appellate Court in 1998. But, the Home Ministry again tried to illegally cancel its registration without any prior-notice or consultation, and in contrary to the verdict of the Court of 10 April 1998. The Ministry and other culprits are now facing the contempt of court charge in the Appellate Court, and another case in the Supreme Court for the recovery of its remaining property from the old office.

• In June 1998, the police prevented a human rights discussion forum organized in its office premise and arrested its founding Executive Director and Arun III/dam campaigner Gopal Siwakoti 'Chintan' and put him in solitary confinement for 11 days. He was charged for a crime that he did not commit under the Crimes against the State and Punishment Act. But, the case was withdrawn by the Attorney-General's office upon series of concerns expressed from within and outside, particularly by Amnesty International, the Office of the UN High Commissioner for Human Rights and the World Organization against Torture as well as the expatriate Nepali community.

Current Situation

• INHURED International has been continuing its research, training and campaign activities without any funding support from outside for the past four years. It has accumulated some debt that it has to pay.

• It has seven staff and volunteers who are either unpaid or low-paid. They do part-time teaching and law practice for their basic earning and give free time for the organization.

• In June 1997, after his release from police custody, Its founding Executive Director, Gopal Siwakoti 'Chintan' has made public all his parental and personal property which is hardly US $20,000 after series of fake and ill-motive allegations by one of his former colleagues in the media and among his friend-circle of millions of earning from the Western environmentalists and foundations, and decided to donate all his left-over present and future savings to INHURED International and National Concerns Society. He also has made all the past accounts of the organization known to the public.

• In terms of activities, it is now focusing more on research on alternatives, training of local and international activists and their exchange, internship, litigation, campaign and advocacy.

Networking

INHURED International is a part of several human rights and environmental organizations worldwide, particularly those who are active against the capitalist Globalization and in the monitoring of or opposition to the World Bank, IMF, WTO and other regional banks and multinational corporations, including the Peoples' Global Action (PGA). It actively participated in the Inter-Continental Caravan organized in Europe in May-June this year and the Second PGA Conference in Bangalore in August. It also maintains a strong network with local groups and movements in Nepal.

Current Strength

The main strength of INHURED International is:

• use of existing laws before domestic courts through public interest litigation;

• bringing complaints and petitions before the UN human rights bodies on the basis of the various conventions and declarations relating to human rights, environment and development; and

• filing claims before the Inspection Panel and the Inspection Function of the World Bank and Asian Development Bank based on their Operational Policies and Procedures relating to investment in different sectors.

Final Commitment: Opposition to IFIs and WTO

However, INHURED International firmly believes in the immediate abolition of the policy of the capitalist Globalization, the World Bank and regional banks, the IMF and the WTO. The transnational corporations must be sent back home and the social and economic affairs have to be left in the hands of the people and the communities in each country. The only international organization that is needed is a strong, independent, representative and truly democratic United Nations. In any case, the international financial and trade institutions as well as the TNCs must be brought under the control of the reformed United Nations, and there must be obligatory human rights and environmental code of conducts for them, including criminal courts in punishing their crimes during the period of alternative global transition.

October 21, 1999