PLAN OF ACTION
FOR THE IMPLEMENTATION OF KATHMANDU DECLARATION (1999) AND OTHER LEGAL AND HUMAN RIGHTS MECHANISMS RELATING TO HUMAN RIGHTS VIOLATIONS AS WELL AS DISCRIMINATORY TREATMENT AGAINST THE BRITISH ARMY GURKHAS AND THEIR FAMILIES

March 11, 2001, Kathmandu, Nepal

United Nations and Its Specialised Agencies

1. United Nations General Assembly, New York:

Continuous appeal for the adoption of appropriate resolutions and the study on the plight of British Army Gurkhas by the UN Secretary-General. GAESO can also lobby the Nepali delega­tion to the General Assembly that meets every September for several months.

2. UN High Commissioner for Human Rights, Geneva:

Request for urgent attention and/or intervention of the High Commissioner at diplomatic level and study of the plight of the British Army Gurkhas and their families, including letter of con­cerns to British and Nepali governments.More…

3. UN Commission on Human Rights, Geneva:

Regular participation in the annual sessions of the Commis­sion. Written and oral interventions, including briefings, semi­nars and press conferences to update the NGO and diplomatic community. This governmental body meets for six weeks from March-April every year and pass resolutions, decides about in­dependent study of the situation, and appoints Special Rapporteurs. GAESO can also file a special case under 1503 confidential procedure against UK for consistent pattern of gross violation of human rights.

4. Working Groups and Special Rapporteur under the Commis­sion, Geneva:

GAESO can also approach the Commission’s Working Group on Rights and Responsibility to Promote Human Rights and Funda­mental Freedoms. Regular information can also be supplied under thematic mandates on: a) elimination of violence against women; b) Internally Displaced Persons; c) Freedom of Opin­ion and Expression; d) Racism, Racial Discrimination and Xeno­phobia; e) Enforced or Involuntary Disappearances; f) Torture and Cruel, Inhuman or Degrading Treatment; g) Mercenaries; and h) Religious Intolerance.

5. UN Sub-Commission on Protection and Promotion of Human Rights, Geneva:

The Sub-Commission is the subsidiary body of the Commission. It is composed of independent experts from different coun­tries. Similar issues can be dealt with at the Sub-Commission through written and oral statements and other lobbying and publicity activities as in the Commission. The Sub-Commission meets for three weeks every August.

6. Working Groups and Special Rapporteurs under the Sub-Com­mission, Geneva:

Regular information can be supplied to the Working Groups on: a) Contemporary Forms of Slavery; b) Indigenous Populations; and c) Minority Rights, and to Special Rapporteurs.

7. Commission on the Status of Women, New York:

Issues and problems of discrimination and violence relating to women can be supplied to this Commission on a regular basis.

8. Committee on the Rights of the Child, Geneva:

Information relating to the violations of children’s rights to sur­vival, protection, participation and development can be sup­plied to this Committee any time. Alternative information can also be supplied to the Committee Members during the consid­eration of the UK’s country reports.

9. Committee on the Elimination of Racial Discrimination, Geneva:

Any information relating to racial discrimination can be sup­plied to this Committee, including alternative information dur­ing the consideration of the UK’s country reports.

10. Committee on Elimination of Discrimination against Women, New York:

As in the case of children, information relating to the viola­tions of women’s rights can be sent to the Committee any time, including alternative information during the consideration of UK’s country reports.

11. Human Rights Committee, New York:

Information relating to violations of civil and political rights can be supplied to this Committee at any time, including alter­native information during the consideration of the UK’s coun­try reports.

12. Committee against Torture, Geneva:

The Committee can also receive information relating to tor­ture, cruel, inhuman or degrading treatment against the Gurkhas and their families, including alternative information during the consideration of the UK’s country reports.

13. Committee on Economic, Social and Cultural Rights, Geneva:

Information relating to violations of economic, social and cul­tural rights can be supplied to this Committee on a regular basis, particularly during the consideration of the UK’s country reports.

14. The ILO Committee on Conventions and Recommendations, Geneva:

Depending on the nature of a case and the UK’s obligations under a particular Convention, complaints can be made by GAESO as a trade union against the British government, par­ticularly on the issue of equal remuneration for equal work and the right to organise.

15. UNESCO Conciliation and Good Offices Commission, Paris:

Information and complaints relating to discrimination in edu­cation by the United Kingdom can be supplied to this Commis­sion.

Within the United Kingdom

16. Various complaints and cases can be filed against the British government within the United Kingdom depending on the na­ture of cases and grievances. They include: a) Employment Tribunal under the Human Rights Act (1998); b) Army Board and Defence Council under the Army Act, (1955) and the Armed Forces Act (1996); c) Industrial Tribunal under the Race Rela­tions Act (1976); d) British courts for appeal and judicial review; and e) Petition to the Queen.

17. European Court of Human Rights, Strasbourg, France:

Cases can also be brought before this Court against the British gov­ernment upon the exhaustion of all available domestic rem­edies, mainly on the ground of violation of general civil rights such as discrimination, degrading treatment, slavery, denial of family rights, freedom of speech and expression, freedom of religion, etc.

18. International Committee of the Red Cross (ICRC), Geneva:

GAESO can seek the help of ICRC in locating the whereabouts of those “disappeared”, killed and those who were prisoners of war during World War I and II.

In addition, the issues of Gurkhas and their families can also be presented before the:

a) SAARC Summits and other regional forums;

b) Forthcoming Asia regional meeting of NGOs active in preparation for the UN World Conference against Racism, to be held in April in Kathmandu;

c) UN World Conference against Racism to be held in Au­gust-September in South Africa;

d) The Commonwealth Conferences; and

e) International Peoples’ Tribunal, etc.

Note: Depending on the involvement and responsibility of His Majesty’s Government of Nepal in the violation of the rights of the British Army Gurkhas and their families, similar mechanisms and proce­dures can be used at the level of the United Nations and ILO as well as the National Commission on Human Rights and domestic courts.