GENEVA: A UNcommittee has ordered Nepal to compensate a man blocked from seeking justiceafter suffering years of forced labor, as well as alleged torture in custody asa child. In a decision published yesterday, the UN Human Rights Committee alsocalled on Nepal to remove all existing obstacles hindering victims of forcedlabor and torture from filing complaints.
The ruling camein response to an individual case brought by a Nepali man, using the pseudonymBholi Pharaka, who from the age of nine had worked as a domestic worker inKathmandu to help provide for his impoverished, indigenous family. When he wasaround 12, he moved to a new family, headed by an officer in the Nepali army,where he says he was forced to work from 4:00 am until 10:00 pm each day. Hemaintains he was subjected to physical and psychological abuse and neverreceived compensation for his labor.
After two years,he escaped back to his home village in 2012, but was soon arrested, after hisemployer filed a police complaint accusing him of theft. While in custody,Pharaka, who was 14 at the time, says he suffered beatings and other torture toforce him to confess. With his family unable to pay bail or legal fees, he washeld in a severely overcrowded adult jail for months, where he says the torturecontinued, before being transferred to a juvenile facility.
The UN committeefaulted Nepal's judiciary for failing to investigate the boy's claims in courtthat he had been tortured, and for failing to protect him as a minor and amember of a recognized vulnerable minority. It also decried that authoritieshad ignored multiple complaints filed by the boy's family regarding histreatment in custody and the forced labor he was subjected to. The committeecalled on Nepal to provide Pharaka with an "effective remedy",including "adequate compensation, proportional to the violationssuffered."
It also urged thecountry to remove "legal, practical and administrative obstacles"blocking victims of torture and child and forced labor from accessing justice."It is our hope that Nepal will take all necessary measures to protect andhelp victims of such acts regain their lives," committee member HeleneTrigroudja said in a statement. Thecommittee has given Nepal six months to report back on measures it is taking torectify the situation. The team of 18 independent experts monitors whethercountries adhere to their human rights commitments, but does not haveenforcement powers.- AFP