The systematic practice of enforced disappearances during Nepal’s civil war was among the worst anywhere in the world. The whereabouts of more than 1,000 people are still unknown.
To date not a single perpetrator of past human rights violations has been brought to justice and impunity remains widespread.
The Government has taken a crucial step by introducing a law to address the problem of enforced disappearances. The Ordinance, promulgated by the President on 12 February 2009, criminalizes the act of enforced disappearance, establishes a commission to investigate past cases from 1996 to 2006, and provides for prosecution of perpetrators and reparations for victims.
However, these positive steps could be undermined by the failure of certain provisions to meet international human rights standards. The ICJ paper reviews international law and best practices on enforced disappearances and makes a number of recommendations to improve specific provisions of the Nepali law in key areas and to strengthen the independence and effectiveness of the Commission on Disappearances.
Nepal-Briefing paper on Enforced Disappearances-Analysis briefs-2009 (full text, PDF)
Nepal-CJ calls for amendments-Press releases-2009 (full text, PDF)