Under the Optional Protocol to the International Covenant on Civil and Political Rights to which Nepal is a party since 1991, victims can petition the Human Rights Committee, an independent body of experts, if they have exhausted all domestic remedies.

On the night of 11 April 2002, eight young persons - Dhaniram Tharu, Soniram Tharu, Radhulal Tharu, Prem Prakash Tharu, Kamala Tharu, Mohan Tharu, Lauti Tharu and Chillu Tharu - all of Tharu ethnicity, disappeared from their homes in Nauranga village, Ward No.8, Manau Village Development Committee (VDC), Bardiya District. They were aged between 14 and 23; two among them were girls; and five of them were thoughts to be below 18 years old. The disappearances were allegedly committed by a group of 60-70 soldiers who came to the village, with groups of two to five soldiers breaking into the targeted houses between midnight and 2am, carrying torches and weapons. In each house they asked for the disappeared person by name, sometimes even seeming to know the location of that person’s bed.

Having exhausted all available and effective domestic remedies as well as administrative remedies, the families of those disappeared are now submitting a communication to the United Nations Human Rights Committee. The families ask that the Committee find that the state committed violations of the International Covenant on Civil and Political rights ratified by Nepal, and, to declare in particular that the victims were arbitrarily arrested and disappeared by the State and recommend prompt, impartial and thorough investigations into the fate of the victims and prosecute those against whom there is sufficient evidence.

Padam Lal Tharu, father of Radhulal Tharu said: “We have been waiting for the last 9 years to know the truth. We could get neither truth nor justice... I have some new hope now Advocacy Forum and REDRESS have assisted us to take our voices to the Committee.”

Mandira Sharma, Executive Director of Advocacy Forum-Nepal said: “These victims represent many other victims from Bardiya with whom we have been working for years. Sadly, for these victims, the rights enshrined in human rights treaties remain a dream and the mechanisms established for their enforcement inaccessible. By helping these families to bring a communication to the Human Rights Committee we are trying to increase the possibilities of the victims getting truth, justice and reparation.”

Similarly, Carla Ferstman, Director of REDRESS Trust, said: “Enforced disappearances are recognised as among the worst international crimes. We hope that this petition and the eventual response of the UN encourages the Government of Nepal to address the devastating consequences of disappearances once and for all - the families of the disappeared deserve to know the full truth of what happened, and those responsible for the disappearances should be held accountable”.

A joint press statement issued by AF and REDRESS has called upon the government of Nepal to fully comply with its obligations under the ICCPR and its additional protocol, by fully implementing the recommendations of the Human Rights Committee in the Yashoda Sharma case, and by responding promptly and in full to the other cases currently before the Committee and the new case filed by the families of the eight young people disappeared from Manau.

This is the sixth case in which Advocacy Forum and REDRESS assisted victims from Nepal to file communications before the Human Rights Committee.