Implement recommendations, NHRC tells govt

Kathmandu, November 21

The National Human Rights Commission today warned that the culture of impunity had been institutionalised in the country as its recommendations to the Government of Nepal to take legal action against those involved in incidents of human rights violation during the conflict were not duly implemented.

A brief report on ‘Twelve Years of Comprehensive Peace Accord: Human Rights Situation’ released by the rights watchdog paints a dismal picture of the implementation status of NHRC’s recommendations to the government for justice to conflict victims.

According to the report, NHRC made 810 recommendations to the government for necessary action from 2000 through to mid-July 2017. Of the recommendations, 12.5 per cent were fully implemented and 48.3 per cent partially. Similarly, 39.2 per cent of the recommendations are still under consideration of the government.

The fully implemented recommendations are just related to providing compensation to conflict victims. The recommendations for legal action against the perpetrators of human rights violation have yet to be implemented. “Even after the CPA, there was loss of lives due to the use of maximum force by security agencies during various political movements. The government has not been able to bring to book the guilty. Crime graph is rising while the condition of respect and protection of human rights has worsened,” the report stated.

“Though most of the mandates assigned to the government have been fulfilled, the issues of human rights violation during the armed conflict have yet to be addressed. The government’s failure to make public the status of forcefully disappeared persons and deliver justice to the kin of persons killed during the conflict pose serious challenge to implementation of the CPA. The lack of records of cases related to sexual violence and torture are another matter of concern. This clearly shows that the CPA is awaiting its full implementation,” it added.

The NHRC warned that the growing dissatisfaction of conflict victims with two commissions formed by the government for transitional justice was not a good sign.

Meanwhile, the NHRC has urged the government to implement its recommendations, and orders and judgements delivered by the courts to put an end to impunity. It has recommended action against the perpetrators of human rights violations during and after the armed conflict, education and employment of discharged child soldiers, rehabilitation, and recovery of persons rendered physically and mentally disabled during the conflict.

The decade-long armed conflict had formally ended with the singing of the CPA on November 21, 2006. During the armed conflict, the country witnessed incidents of serious violations of human rights such as murder, enforced disappearance, sexual abuse, abduction, enforced displacement, confiscation of properties, use of children as soldiers and forceful involvement of persons in armed conflict.

The report has also expressed serious concern about increasing cases of crime against women and children, human trafficking, negligence and lack of sense of responsibility in criminal investigation.