Kathmandu, February 5

Amid failure of the transitional justice mechanisms — The Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons — to completely investigate even a single case of conflict-era human rights violations over the past three years, the National Human Rights Commission today made public its opinion on the status of transitional justice in Nepal.

Making public its opinion, the NHRC said major issues mentioned in the Comprehensive Peace Accord — such as arms management, integration of combatants, election of Constituent Assembly, and promulgation of the constitution —had been settled and the country had entered the phase of constitution implementation after successful completion of the three phases of election.

“However, the work of addressing issues related to conflict-era killings, disappearances, torture, rape and sexual violence, physical attacks, maiming, extra-judicial custody, kidnapping, injury, property capture, displacement, and distribution of reparation and ensuring justice to conflict victims through the transitional justice mechanisms still remain,” stated the NHRC.

Stating that justice, if delivered untimely, might be meaningless, the NHRC said that there should not be any delay in addressing conflict victims’ emotions and sentiments.

NHRC Chairman Anup Raj Sharma said if the country failed to proactively work to address these issues, conflict victims might be forced to seek justice beyond the borders and the international community might be active. “This will put at risk the entire peace process,” he said.

On the occasion, Nepali Congress leader Narayan Khadka underscored the need for concrete discussions along with agenda on how to resolve issues related to transitional justice at the earliest, keeping the international community  in confidence.

Khadka conceded that delay in addressing conflict-era violation was also due to politicisation of society and the TRC and CIEDP were not immune to politicisation. “Parties have their own definitions of transitional justice,” he said, adding that if the process was delayed, international community would be active and more Nepalis would be arrested in foreign lands. He was referring to the arrest of Nepali Army Colonel Kumar Lama by the UK government in 2013.

NHRC’s official position

• There should not be any provision of pardon, annulment of case and blanket amnesty in cases related to serious human rights violations

  such as disappearances,

  extra-judicial killings, kidnapping, rape and sexual

  violence.

• Enforced disappearances should be brought under criminal justice
• Immediately start hearing cases recommended by the TRC and the CIEDP
• Criminalise disappearances and torture by formulating necessary laws
• Dignified and respectable reparation to conflict victims
• Reconciliation should be done only after taking consent from the victims and

  as per accepted justice

  principles

• Amendment of the act governing the TRC, and the CIEDP in line with the Supreme Court Verdict and international standards
• Removal of statute of limitation for prosecuting those involved in war crimes and crimes against humanity
• Security and protection of victims, witnesses, and evidences
• Avoid a situation wherein victims might opt for alternative ways to seek justice
• All provincial and local units should give top priority to conflict victims and provide them employment and involve them in rehabilitation programmes