Victims' network welcomes the bill
KATHMANDU, AUGUST 15
The Accountability Watch Committee (AWC), a key human rights organization, has issued a press statement expressing dissatisfaction over the provisons of Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act (Third Amendment) Bill also known as the TRC bill that was passed by the House of Representatives yesterday.
AWC which is led by Advocate Raju Prasad Chapagai regretted that the HoR missed a historic opportunity to establish a robust legal foundation to conclude the transitional justice process, which has remained stalled for 18 years.
Although some improvements have been made in the legal provisions regarding reparations, the TRC bill passed by the House still contains significant flaws that severely undermine the victims' right to justice, AWC said in its press statement.
AWC said the definitions and classifications of human rights violations and serious human rights violations are not consistent with international human rights and humanitarian law standards. The provision allowing a 75 percent "non-judicial reduction" in the sentence for perpetrators of serious violations is regressive. It disregards the fundamental principle that punishment should correspond to the gravity of the crime, AWC stated. Furthermore, it undermines the Supreme Court's established precedents, which have made it clear that amnesty, pardon, or any other form of impunity for serious crimes are unacceptable under any circumstances.
AWC said the narrow statute of limitations for filing cases based on the Commission's recommendations, the provision allowing perpetrators to remain in public office without being suspended during investigations, and other similar arrangements seem designed to shield perpetrators from criminal accountability by hook or crook.
AWC stated that deterrence through punishment is necessary to prevent the recurrence of destructive violence, serious human rights violations, and atrocities. Failing to establish effective legal provisions to break the cycle of impunity is therefore an injustice to future generations and undermines their right to peace, AWC stated in its statement.
AWC said all relevant stakeholders must remain vigilant to prevent the political manipulation of the commission formation process, as has occurred in the past. The AWC also calls upon stakeholders including the United Nations, international human rights organisations, and development partners including diplomatic missions that have supported Nepal's transitional justice efforts, to actively monitor this critical process.
Meanwhile, National Network of Victims and Survivors of Serious Human Rights Abuses led by Debi Khadka issued a press release welcoming the TRC bill passed by the Lower House.
"Give quick truth, justice and reparation", as a historic achievement, the victims' network stated. It said the consent of the victims must be obtained while choosing the officials of the commission. Psychosocial counseling must be provided to the victim and the victim's family when the commission begins its work to investigate and dig out the truth. The international community should be called upon for necessary assistance. The victims' network said in the management and operation of the fund, the participation of the victims and a victim-centered approach are necessary. The support of the international community is important in the fund. However, the operation of the fund should be Nepali led and Nepal owned, the victim's network said.
Immediate reparation should be done as a right for the majority of victims of social security and welfare.
