Nov 25, 2019 | News
Nepal has made no real progress on questions of justice, truth and reparations for victims of gross human rights violations and abuses during its 10-year conflict, the ICJ, Amnesty International, Human Rights Watch (HRW) and TRIAL International said today.
The Comprehensive Peace Agreement to end the war was signed on November 21, 2006.
While two commissions have been set up to address conflict-era atrocities, they have not been effective and impunity and denial of access to justice to victims remain prevalent. The four human rights organizations are particularly concerned about the recent moves that suggest that the government will go forward with the appointing of commissioners without making necessary reforms to the legal framework.
“Last week marked the 13th anniversary of the Comprehensive Peace Agreement that ended the conflict in Nepal. It is astonishing that so little progress has been made in responding to the clearly articulated concerns and demands of conflict victims,” said Frederick Rawski, ICJ’s Asia-Pacific Director. “These demands have included a transparent and consultative process for the appointment of commissioners, and a genuine good-faith effort by political leaders and lawmakers to address serious weaknesses in the existing legal framework.”
On November 18, a five-member committee formed by the government to recommend names for commissioners to be appointed to the Truth and Reconciliation Commission and the Commission on the Investigation of Enforced Disappearances published a list of candidates. Concerns have been raised by victims and civil society that the government will simply re-appoint past commissioners or make political appointments that will not be adequately impartial and independent.
“It is deeply disappointing that the government has repeatedly attempted to appoint the commissioners without adequate consultation and transparency . The commissions will not gain the trust of the victims and the international community if the political parties continue to interfere in the appointment process,” said Biraj Patnaik, South Asia Director at Amnesty International.
Importantly, the move suggests that the commissions will be re-constituted without amending the legal framework governing the transitional justice process and ensuring its compliance with Nepal’s international human rights law obligations, as directed by Nepal’s Supreme Court and demanded by civil society and victims.
Victims and civil society organizations have issued public statement making it clear that they oppose any appointments prior to the amendment of the legal framework. Notably, the National Human Rights Commission, in its statement commemorating 13th Anniversary of CPA, stated that “…the commission will not support any decision, work or activities that might hurt the sensitivity of the conflict victims…”.
“The government’s move has not only undermined victims’ role in the transitional justice process, but has also once again brought into question its commitment to uphold its international law obligations and ensuring justice for conflict-era crimes,” said Tomás Ananía, TRIAL International’s Nepal Program Manager.
The ICJ, Amnesty International, Human Rights Watch and TRIAL International have repeatedly expressed concern that effective transitional justice mechanisms require strong legal foundations consistent with international law and good practices, and the political will to address the concerns of victims of the conflict. All four organisations reiterated their calls to amend the the 2014 Transitional Justice Act to make it consistent with the Supreme Court’s rulings and international human rights standards, as well as for the initiation of a genuine consultative and transparent process for the appointment of commissioners.
Concerns raised about the existing, and proposed, legal frameworks include: disparities between the definitions of specific crimes under international law and human rights obligations and violations under national, and international law; inadequate provisions to ensure that serious crimes under international law are subject to criminal accountability (including punishment proportionate to the seriousness of the crimes); and a reliance on compensation at the expense of other forms of reparation and remedy for conflict survivors and their families.
Under the principle of universal jurisdiction states may make it possible for their domestic criminal justice system to investigate and prosecute crimes such as torture, committed by any person, anywhere in the world.
This means that a citizen of any country, including Nepal, suspected of such crimes faces the risk of arrest and prosecution for these crimes in countries that apply universal jurisdiction. This is more likely if the Nepali authorities do not appear able and willing to prosecute those responsible for such crimes, the organizations said.
“After initial pledges to ensure truth, justice, and reparations for conflict victims, it appears that the government is once again determined to protect those responsible for the crimes,” said Meenakshi Ganguly, South Asia director at Human Rights Watch. “The international community should remind Nepal that whitewashing egregious crimes will not help to dodge universal jurisdiction.”
Contact:
Download the complete press-release in English and Nepali. (PDF)
Aug 30, 2019 | News
On the occasion of the International Day of the Victims of Enforced Disappearances, Advocacy Forum-Nepal, the Terai Human Rights Defenders Alliance (THRD), and the ICJ voiced their concern about the Government’s failure to provide justice for the victims of the country’s decade-long armed conflict, including victims of enforced disappearance.
The organizations also remembered the victims of enforced disappearances in Nepal and recognized the unceasing efforts of victims and their families and others advocating and campaigning for truth and justice for serious human rights violations in Nepal for over a decade.
Nepal faced a protracted internal armed conflict from 1996 to 2006. In the decade-long conflict, serious human rights violations and abuses were committed by both sides: the Government, including the Royal Nepal Army; and the Communist Party of Nepal (Maoist). Approximately 1,300 people were “disappeared” during the conflict. The fate of many of “disappeared” is yet to be known.
The Comprehensive Peace Agreement (CPA) put an end to the conflict on 21 November 2006, with both sides agreeing to hold perpetrators of human rights violations and abuses accountable and provide access to effective remedies and reparation to victims, including a commitment to publicize the fate or whereabouts of “disappeared”. However, nearly 13 years after the signing of the Comprehensive Peace Agreement in November 2006, these promises remain unfulfilled.
The Truth and Reconciliation Commission and Commission on Investigation of Disappeared Persons, both established in February 2015, have failed to resolve the many thousands of complaints brought to them by victims and their families, and have yet to publicize their findings. Furthermore, in 2015, the Supreme Court ruled the 2014 Act creating the legal framework for the Commissions to be unconstitutional, due in part to the inclusion of provisions that could be used to grant amnesty to perpetrators. In February 2019, the tenure of the commissions was extended to 2020, but the terms of the commissioners expired on 13 April 2019. As of August 2019, no formal replacements had been announced, though a committee to recommend appointments has been established. The ICJ and other organizations have called for a suspension of the current appointment process until amendments to the legal framework are made, and a more consultative and transparent process is initiated.
Nepal has also enacted a new Penal Code, with effect from August 2018. For the first time, the Penal Code recognized enforced disappearance as a distinct crime. While the intent behind this measure is commendable, the law does not meet Nepal’s obligations concerning crimes under international law. In particular, the definition of enforced disappearance falls short of international standards; the crime of enforced disappearance is not absolutely prohibited; provisions related to superior and command responsibility are inadequate; and the penalties for enforced disappearance are inconsistent with international standards. The provisions will apply retroactively to the more than 1,300 conflict era cases.
The organizations urged the Government of Nepal to:
- Amend the 2014 Transitional Justice Act to ensure it is consistent with international human rights standards and Supreme Court rulings, including removing amnesty for perpetrators;
- Revise the criminal code to bring it in line with international standards. At the minimum, this should include:
- amending the definition of enforced disappearances to bring it in line with Nepal’s international obligations and the Convention on the Protection of All Persons from Enforced Disappearance (CED)
- revising the penalty provisions in the Criminal Code Bill to comply with relevant provisions of the CED and other international law and standards
- removing the statute of limitations for enforced disappearance cases
- Ratify International Convention for the Protection of All Persons from Enforced Disappearances;
- Publicize the findings of the CIEDP; and
- Ensure that in Nepal’s legal system, the victims of enforced disappearance, including family members of “disappeared” persons, have the right to obtain reparation and prompt, fair and adequate compensation; and they can effectively exercise that right in practice.
Contact:
For the ICJ: Frederick Rawski, ICJ Asia-Pacific Director, t: +66 64 478 1121; e: frederick.rawski(a)icj.org
Background:
The International Day of the Victims of Enforced Disappearances falls on 30 August every year. Nepal is bound by international legal obligations under the International Covenant on Civil and Political Rights (ICCPR) and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) – both of which it has acceded to – to investigate, prosecute, punish and provide remedies and reparation for the crimes of torture, other acts of ill-treatment, and enforced disappearance.
Nepal-International Day Enforced Disappearances-Press releases-2019-NEP (Story in Nepali)
Jul 29, 2019 | News
The Government of Nepal has failed to fulfill its commitment to provide justice for the victims of the country’s decade-long armed conflict, the ICJ, Amnesty International, Human Rights Watch, and TRIAL International said today.
The organizations echoed statements by victims and human rights groups about the Nepal government’s inaction on addressing conflict-era human rights violations, and a lack of transparency in the appointment of commissioners to the Truth and Reconciliation Commission and to the Commission on the Investigation of Enforced Disappearances.
“The lack of progress in holding perpetrators accountable for the suffering inflicted upon victims, their families and Nepali society as a whole, is appalling,” said ICJ Asia-Pacific Director Frederick Rawski.
“Nearly 13 years after the signing of the Comprehensive Peace Agreement, political leaders inside and outside of government are still playing games by politicizing the process. It is about time that they showed some courage, and took action to ensure access to justice, instead of continually looking after their own short-term self-interests,” he added.
“We have seen no evidence so far that the authorities of Nepal are serious about fulfilling their obligation to investigate conflict-era violations and bring all those suspected of criminal responsibility to justice in fair trials before ordinary civilian courts,” said Raju Chapagai, South Asia researcher at Amnesty International. “If the commitment to human rights obligations was as unflinching as claimed by Prime Minister KP Sharma Oli, the government would have acted diligently to deliver on its transitional justice responsibilities.”
After being elected in 2018, Prime Minister Khadga Prasad Oli renewed promises that the legal framework governing the transitional justice process would be brought into conformity with Nepal’s international human rights law obligations, as the Supreme Court had repeatedly directed. However, the government never amended the law, and instead pushed forward – without adequate consultation – with the establishment of a committee to recommend appointments to the transitional justice bodies.
“The failure of the government to deliver on its commitment to ensure truth, justice and reparations for the victims of conflict-era abuses shows a dismaying disregard for the protection of human rights,” said Meenakshi Ganguly, South Asia Director at Human Rights Watch.
The organizations called on the government to: 1) suspend the current process, and initiate a consultative and transparent process for the nomination and appointment of commissioners; 2) follow through on commitments to amend the 2014 transitional justice law to ensure that the legal framework is consistent with international human rights standards and Supreme Court rulings; and 3) adopt and publicize a plan for taking the transitional justice process forward.
“The legitimacy of Nepal’s transitional justice process lies both on a transparent and consultative appointment process for commissioners, and a strong legal foundation to allow the commissions to fulfil their mandate,” said Helena Rodríguez-Bronchú, Head of TRIAL International’s Nepal program. “Societal consensus is crucial for both factors.”
Amnesty International, ICJ and TRIAL International had previously submitted their analysis of the draft transitional justice legislation circulated in 2018 and had made recommendations on ensuring compliance with international human rights law. Human Rights Watch had also alerted for reform of the transitional justice law before appointing the commissioners. In April 2019, United Nations experts also wrote a joint letter to the foreign minister reminding the government of its commitment to amend the law and calling for a transparent process for appointing new commissioners after the terms of the previous commissioners expired.
Contact
Frederick Rawski, ICJ Asia-Pacific Director, t: +66 644781121 ; e: frederick.rawski(a)icj.org,
Nepal-trans just-News-Press releases-2019-NEP (story in Nepali, PDF)
Apr 13, 2018 | Multimedia items, News, Video clips
In 2017, Nepal held its first local-level elections for almost 20 years and the first ever conducted under the new federal state structure established under the 2015 Constitution. They were significant because of the unprecedented number of women who stood as candidates and won.
Women in Nepal have experienced systemic discrimination for decades, especially those in rural areas, among ethnic minorities and marginalized groups.
These elections presented the women of Nepal with the opportunity to break through barriers that have prevented them for decades from participating in political and public life.
The Local Level Governance Act lays out the mandate and functions of newly formed local bodies.
If the recently elected women are allowed to meaningfully participate in local governance, the new law could empower them further so that they can take the lead in addressing key human rights issues, especially the human rights of women.
This video documents the campaign of Rikam BK, a Nepalese politician, belonging to the Communist party of Nepal-Maoist (CPN-M).
In the Nepal Legislative Election held on 26 November 2017, she was elected as a Sub-Mayor (NCP Maoist) of Lahan Municipal Council winning 5000 votes.
She is the chairperson of the Dalit Preservation Abhiyan Forum, in Siraha. She has been advocating the issue of land certificates in the names of both husband and wife.
She continues to call for those deprived of land rights to have equal access to land. She is also the member of National Alliance for Women Human Rights Defenders (NAWHRD).
Many of the women featured in this video are women human rights defenders who have been working to promote and protect human rights in Nepal for decades.
Many of them participated in the Regional Conference on Women Human Rights Defenders as Political Actors, which was organized by the ICJ, with the cooperation of NAWHRD.
The conference was held from 28 to 29 August 2017 in Kathmandu.
The ICJ recently released a briefing paper laying out the key points of the conference and offering a set of future actions aimed at supporting WHRDs in their role as political actors pursuing a human rights agenda.
Watch the video
Oct 5, 2010 | News
The ICJ today urged the Government of Nepal to take swift action to enforce pending judicial orders regarding serious crimes allegedly committed by members of both the Nepal Army and the Maoist Party.
These include the 2004 murder of 13-year-old Maina Sunuwar while detained at the Army’s Peacekeeping Training Centre and the 1998 murder of Ujjan Kumar Shrestha by Constituent Assembly (CA) Member Balkrishna Dhungel.
Nepal-cease obstruction justice-press release-2010 (full text in English, PDF)
Nepal-cease obstruction justice-press release-2010 (full text in Nepali, PDF)
