Mr. LEAHY. Madam President, I have closely followed developments in Nepal for several years, and have been encouraged by the progress that tiny Himalayan country is making to end a divisive, bloody conflict and become a more peaceful, just and democratic society.

An enormous amount of work remains to be done, including the writing of a new constitution, demobilization and reintegration of Maoist combatants, restructuring and reform of the Nepali Army, policies and programs to address the legacy of discrimination against women and minority groups, programs of assistance for the millions of impoverished rural Nepali people who are illiterate and lack basic services, and justice for victims of atrocities committed by both sides of the conflict.

As chairman of the State and Foreign Operations Subcommittee I have included additional assistance for Nepal, above the amounts requested by the White House, for these efforts, and I commend the U.S. Ambassador, Nancy Powell, for the way that she has represented our country there. The United States has a strong interest in a democratic, peaceful Nepal, and although the situation remains fragile and the future unpredictable, Ambassador Powell and her staff have worked hard in an even-handed, diplomatic way to help keep the peace process on track.

I have also urged the leaders of Nepal's political parties, including the Maoists, to put partisan and personal interests aside for the greater good of their country at this critical time in Nepal's history. For too long, politics in Nepal have been equated with cronyism, corruption and neglect. The Nepali people who courageously took to the streets and risked their lives--some of whom lost their lives--to oust an abusive monarch, deserve a government that represents them and works to address their needs.

There are three specific issues I want to mention briefly today. The first is the treatment of Tibetan refugees in Nepal. There are disturbing reports that the Nepali Government is taking steps to forcibly return to China, in violation of international law, Tibetan exiles in Nepal, presumably in an effort to curry favor with the Chinese Government. These people have risked their lives to escape Chinese repression, and in the past the Nepali Government has, with rare exceptions, provided them refuge. The Nepali Government has a legal and moral responsibility to continue to respect the rights of Tibetan refugees, and this is an issue that the United States and others will be watching closely.

The second issue is justice, which is fundamental to any democratic society, and that means an independent judiciary and the rule of law. In Nepal, government officials who abuse their authority have too often escaped justice. Impunity has been the rule, including for members of the Nepali Army and Maoist forces.

Recently, the Advocacy Forum and Human Rights Watch jointly published a report entitled ``Waiting for Justice: Unpunished Crimes from Nepal's Armed Conflict.'' The report describes the impunity that continues to shield those who have been credibly alleged to have violated human rights. The report includes a number of recommendations for the Nepali Government to ensure that the perpetrators of these heinous crimes are brought to justice. I urge the Nepali authorities to study the report and implement its recommendations. For the rule of law to prevail in Nepal, it must be demonstrated that human rights crimes are investigated and prosecuted and that no one is above the law.

Finally, I want to mention the issue of the implementation of the Leahy amendment in Nepal. This law, which I sponsored a decade ago, requires, among other things, thorough vetting of candidates for U.S. military or police training to ensure that they have not been involved in violations of human rights. This is important because we do not want to afford the benefits and legitimacy of U.S. training to individuals who have engaged in such crimes, and we want to encourage their governments to bring them to justice. I am concerned with reports that the Leahy amendment is not being adequately implemented in Nepal, and that some Nepali military officers who have been credibly implicated in human rights violations have been approved for U.S. training. This is a matter that must be effectively addressed by the U.S. Embassy.

During the war, the Maoists and the Nepali Army were responsible for widespread atrocities, including arbitrary detention, torture and extrajudicial killings. This eventually led to a suspension of U.S. military assistance to Nepal. After the collapse of the monarchy and the end of the fighting, that suspension was lifted, but any U.S. training of Nepali military officers should be conducted with the utmost caution and only after thorough vetting.

In the past year, the focus has shifted to military reform. The U.S. can assist in this effort, particularly through our expanded international military education and training program, but we need assurance that the Nepali Army command recognizes the need for reform and to be accountable under the law.

Madam President, I ask unanimous consent that the key recommendations in the Advocacy Forum-Human Rights Watch report be printed in the Record.

There being no objection, the material was ordered to be printed in the Record, as follows:

Waiting for Justice: Unpunished Crimes From Nepal's Armed Conflict

KEY RECOMMENDATIONS

The new government of Nepal needs to ensure that perpetrators of grave human rights violations are brought to justice. Human Rights Watch and Advocacy Forum call on the Nepali government to:

Vigorously investigate and prosecute all persons responsible for abuses, including members of the security forces, in the 49 FIR cases highlighted in this report, as well as other cases of human rights violations.

Suspend all security forces personnel named in the 49 FIRs, or in other complaints, against whom there is prima facie evidence of criminal activity until the investigations and any prosecutions are complete.

Reform the criminal justice system, including by reviewing the role of the Nepal Police and Attorney General's Office to improve their effectiveness in investigations of serious crimes.

Criminalize ``disappearances'' and torture--whether committed by the security forces, Maoists or other actors--and ensure these offenses when committed by the army will be subject to investigation and prosecution by civilian authorities and courts.

Amend the Police Act, Army Act, and Public Security Act to remove all provisions that grant security forces and government official's immunity from prosecution for criminal acts.

Establish an independent, external oversight body for the Nepal Police.

Strengthen the NHRC by giving it the necessary powers to carry out credible investigations, including the power to require the attendance of witnesses and the production of evidence. The government should ensure that all the NHRC recommendations are speedily implemented by the relevant state authorities. The NHRC should be given clear powers to refer cases for prosecution and to seek legal redress against unlawful acts by state authorities.

Establish a Truth and Reconciliation Commission that does not grant amnesty for serious human rights abuses.

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