'Transitional Justice bill needs to be amended'
Published: 10:15 am Jul 22, 2022
KATHMANDU, JULY 21
At a press briefing held today at Indreni Foodland, victim groups and civil society organisations said the Bill for the Amendment of the Investigation of Enforced Disappeared Persons, Truth, and Reconciliation Commission Act, 2071 (2014) needed to be amended immediately.
Dr Mandira Sharma, lawyer, human rights defender and founder of Advocacy Forum Nepal said, 'This bill does not match international laws and treaties that Nepal government has signed with various organisations. So, there is no doubt other countries can raise questions on the bill.'
She further said the bill contradicted the constitution too, so if it is moved to the Supreme Court, it will give verdict in favour of the victims' group'.
In the briefing, Suman Adhikari director at NDFN said the bill has several cluttered provisions which may contradict the existing law of the country. It has not been addressed from the perspective of victim groups.
He further added that commission had not done its duty. The chairperson got appointed politically and only served the tenure.
A joint press statement issued by 39 victim groups and human rights organisations said, 'We believe that despite positive provisions including reparations, the amendment Bill contains many provisions that violate the victim's right to effective remedy'
'Amnesty to those involved in serious violations of human rights and international crimes including murder, torture, rape, and other forms of serious sexual violence, war crimes, and crimes against humanity is not acceptable under national and international law. Thus, the categorisation of violations in the Bill is not acceptable.'
'Earnest effort is required from the government and political parties to prevent explicit or implicit immunity from criminal accountability for those involved in serious violations of human rights and intentional crimes.'
A version of this article appears in the print on July 22, 2022, of The Himalayan Times.