Kathmandu, July 9

Accountability Watch Committee has appealed to the government to amend the Transitional Justice Act before appointing members of two transitional justice mechanisms, Truth and Reconciliation Commission and Commission of Investigation on Enforced Disappeared Persons.

The government has formed a committee led by former chief justice Om Prakash Mishra to appoint members and chairpersons of the commissions. Issuing a statement, the AWC said the commissions would remain ineffective if they were formed without the amendment of the act, in line with the Supreme Court verdicts and by incorporating suggestions from international community.

The AWC said commissions formed without wider consultations, following a transparent process and putting necessary legal framework in place would not be effective, trustworthy, victim-friendly and credible. They undermine the rule of law and will further strengthen impunity rampant in Nepal.

The AWC also reminded the government of key UN documents that expressed its inability to support the TJ mechanisms of Nepal established under the existing Act as it violated Nepal’s international human rights obligation.“AWC once again appeals to the government to expedite the process of consultation and amendment of the legal framework, ensuring its ownership by the conflict victims and human rights community, without further delay. It also appeals to the recommendation committee not to recommend names to the TJ bodies prior to the amendment of the TRC Act, 2014, in line with the decision of the Supreme Court and international standards,” read its statement.

The AWC also made its position clear that it would not support and engage with the commissions if they were established without the amendment of the Act.

It appealed to all stakeholders, including international partners, not to be a part of the TJ process that undermines international human rights obligation of Nepal and contributes to further erode rule of law and promote impunity in the country.