The law passed on December 16 says the Nepal Army will be entitled to funds under the US Foreign Military Financing Program only if it fulfills certain criteria including full cooperation on human rights violations.
The clauses are:
- It is cooperating fully with investigations and prosecutions by civilian judicial authorities of violations of internationally recognized human rights.
- It is working constructively to redefine the NAF´s mission, implement reforms including establishment of a civilian ministry of defense to support budget transparency and accountability, and facilitate the assimilation of former rebel combatants into the NAF consistent with the goals of reconciliation, peace and stability.
The law, however, says such conditions shall not apply to assistance to support the deployment of members of the NAF in international peacekeeping and humanitarian relief and reconstruction operations.
The US decision comes in the wake of widespread pressure to arrest and hand over Nepal Army Major Niranjan Basnet to the Nepal Police to be tried at Kavre District Court for his alleged role in the torture and subsequent murder of a teen-age girl, Maina Sunar. The court last September issued an order to the Nepal Army to suspend Major Basnet from duty.
The UN´s peacekeeping mission in Chad expelled and sent back Basnet to Nepal last Saturday, accusing him of serious human rights violations.
Leahy draws Senate attention
Senator Patrick Leahy, speaking at the Senate floor on December 17, said, "In large measure, and as others have pointed out, Maina´s death will decide whether a civilian, democratic government and the rule of law will determine Nepal´s future, or it will remain dominated by the interests of the Nepal army."
He further told the Senate, "When he (Major Basnet) arrived back at Kathmandu airport the army took him under its control and apparently, despite initial promises and requests from the police and orders from the Prime Minister, has still not handed him over to the police."
Directly addressing Nepal Army chief Chhatra Man Singh Gurung, Senator Leahy said, "I urge the new army chief to seize this opportunity to demonstrate that the army is reforming, that it recognizes in a democracy its members are answerable to the civilian courts, and that it will no longer perpetuate the impunity that has undermined the rule of law in Nepal for far too long."
kiran@myrepublica.com
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