KATHMANDU, AUGUST 04
Conflict victims have sought amendment to the Transitional Justice Bill pending in the Parliamentary Committee.
Organising a peaceful rally in front of Kathmandu District Court today, they sought amendment to the TJ bill. They have also demanded that the voices of victims be incorporated with utmost priority in the Transitional Justice Amendment Bill. Further, they want the subcommittee formed by the Law, Justice, and Human Rights Committee of the Lower House to furnish a report on the amendment to the Investigation of Enforced Disappeared Persons, Truth and Reconciliation Commission Act, 2014.
The conflict victims have repeatedly expressed their concerns to the subcommittee, political parties, government, and other agencies regarding flaws in the TJ bill amendments. "Despite various assurances and commitments, we doubt the extent to which the committee will take into account the concerns of the victims' community during the amendment process," they stated.
"The parliamentary committee has to be responsible for incorporating the conflict victims' issues with utmost priority in the amendment bill and form a competent, independent, and reliable commission through a trustworthy and transparent process to ensure justice to the victims' community. They must carry out their historical responsibility of bringing the transitional justice process to a successful end," said Suman Adhikari. "The Act, in its current form, has the potential to pardon grave human rights violations and be partial and have political inclinations," he added.
They have also submitted a memorandum to the parliamentary committee office at Singha Durbar at the central level and also through the provincial governments. It includes the demands, rights and concerns of the victims.
"In the bill, the definition of 'human rights violation' and 'serious violation of human rights', amnesty, judgments and punishments, and prosecution, and the provisions of jurisdiction and appeals of the special court, among others, are seriously flawed. We call upon the lawmakers to pass the bill only after amending these seriously flawed provisions and pave the way for completion of the transitional justice process, which has been in limbo for a long time," reads the memorandum.
It has recommended the formation of the commission and its working process with a victim-centred approach that is reliable, transparent, victim-friendly, gender sensitive, confidential, and safe.
Conflict victims also stressed that provision should be made for protection, confidentiality, treatment and other provisions of women and victims of sexual violence. Furthermore, they have requested the committee to pass the bill by immediately incorporating/addressing the victims' issues with due priority and to form a competent, independent and reliable commission through a trustworthy and transparent process and ensure justice for the victims' community and carry out their historical responsibility/ duty of bringing the transitional justice process to a successful end without fear.
The rally was attended by various organisations that have been working with conflict victims. The campaign is supported by human rights organisations with the hope that it will put pressure on the subcommittee to ensure that the bill is revised in compliance with the rulings of the Supreme Court of Nepal, international human rights laws, and the commitment of the Comprehensive Peace Accord signed in 2006 and that it will provide a judicial review of cases of serious violation of human rights committed by both sides during the conflict.
A version of this article appears in the print on August 5, 2023, of The Himalayan Times.
