Hundreds of people including children have been forcibly disappeared in Nepal but the authorities take no action to stop the situation and the perpetrators have absolute impunity. More innocent lives will be lost and the country could record one of the worst cases of massive disappearance in human history if nothing is done to arrest the problem.

Nepal's use of a new draconian law on terror is also posing threats to the people as it opens to abuses. The introduction of the Terrorist and Disruptive Activities (Control and Punishment) Ordinance - 2061, which empowers security officials to detain a suspect for up to a year without trial, shows that the army is completely above the law. "This legislation is a clear indication that the government of Nepal has surrendered its authority to the military and given it a green signal to continue with gross human rights violations including arbitrary detentions, disappearances and extrajudicial and summary executions," the Asian Human Rights Commission (AHRC) said in a statement.

"Most of the victims of the abuses committed by the state security forces working under the Joint Command from the Royal Nepal Army (RNA)-as well as those committed by the Maoists-are ordinary people innocent of any crimes," the regional human rights group said.

Nepalis-men, women and children-are reported to be disappearing within the country, especially from the villages and places outside the capital, Kathmandu. At least 1,430 cases of disappearance have been documented by the National Human Rights Commission of Nepal. Of that, the AHRC has the details of 897 individuals, aged between 13 and 58. The actual number of disappearances is expected to be several times higher than the official figure.

In the coming months, the AHRC fears, there is a strong chance for the ongoing armed conflict to become severe and intensified, which could result in heavy losses of lives, much worse than that recently reported from any part of the world.

"The possibility of a lack of will and presence by the international community to help the country would spawn an atmosphere of gross violation of humanitarian norms," the AHRC said in a separate urgent appeal.

The RNA and the Maoists, which are entangling in the military conflict, are said to be responsible for the disappearances in Nepal. Of the reported cases, most are allegedly involving the RNA. "The perpetrators of these disappearances are protected by the systemic impunity extending over the security forces in Nepal," the rights group said. 

Many families or relatives of the victims do not lodge a complaint because of fear, while others cannot seek any redress even when a complaint or a court case is made. "The police fail to register the cases, the courts fail to intervene, and the authorities give a closed door approach to the cases brought before these bodies," the AHRC said. Supporters for the victims' families, including human rights activists, have reportedly been threatened and intimidated by the RNA or the Maoists.

Collapse of Rule of Law

"Disappearance at this scale is a firm indicator of an absolute collapse of the rule of law in the country," the AHRC said. 

Earlier, families of 125 disappeared persons staged a hunger strike at Ratna Park to protest against the disappearance and loss of life of their dear and near ones. But the protest was halted due to intervention. The protest was originally held at Bhadrakali, in front of the RNA headquarters. The protesters were compelled to shift from Bhadrakali to Ratna Park by the army.

Urgent action is of utmost importance to put an end to this uncontrolled loss of human life, the AHRC said. 

Although Nepal is one of those few countries that is party to almost all international conventions, it has failed to discharge its obligation to its citizens. The government completely lacks sincerity to resolve the catastrophic human rights situation in the country, the rights group charged.

The Nepali government should make genuine efforts to end the abuses as the judicial system in the country has collapsed and there is no way to address the human rights problems, it said.

The AHRC has appealed to Prime Minister Sher Bahadur Deuba, Attorney General Mahadev Yadav, Inspector General of Police Shyam Bhakta Thapa and Lieutenant Colonel Raju Nepali of the RNA Human Rights Cell to take immediate actions.

The highest levels of government have been denounced for believing brute force could bring all parties in the conflict to talks. "The blind, unnecessary and blatant use of force coupled with the impunity of state security officials will continue to result in mass disappearances and other serious violations of human rights," the AHRC warned.

The rights group also called on the international community to help put an end to the rights abuses and impunity enjoyed by the security forces in Nepal as such practices are in violation of the country's international obligations, especially under the International Covenant on Civil and Political Rights.

The United Nations, including its senior human rights adviser in Nepal David Johnson, the Working Group on Enforced or Involuntary Disappearances, the special rapporteur on the question of torture, and the Working Group on Arbitrary Detention, have also been asked to intervene into the situation. "We urge you to take immediate action so that those people protesting against disappearance in Nepal are protected from all threats or intimidation and that all reported cases of disappearance are immediately investigated by an impartial authority and that perpetrators are brought to justice," the AHRC said.

The U.N. should "under no circumstances" engage the RNA for any peacekeeping operations in view of its proven lack of professionalism and respect for human rights and humanitarian principles in its own country, the rights group said.