Kathmandu [Nepal], October 31 (ANI): United Nations Secretary-General Antonio Guterres during his address to the joint house session of Nepal’s Federal Parliament has called the government to complete transitional justice keeping the victims at the centre. It is the first time since the adoption of federalism that a foreign delegate has addressed a joint session of the Federal Parliament of Nepal.
Transitional justice has long been pending in Nepal since the Maoists entered mainstream politics, ending a decade-long insurgency that claimed thousands of lives, with the whereabouts of many victims still unknown.
The peace accord signed by the government after the restoration of democracy in 2006, following a centuries-long monarchy, also promised to expedite the transitional justice process, but significant progress has yet to be made. Guterres suggested measures to ensure that efforts are centered on the victims and extended his support to drive progress and find solutions
“You are preparing the final stages of your peace process – healing the wounds of war through transitional justice; a process that must help to bring peace to victims, families and communities haunted by questions, and scarred by injustice; and help put the past to rest,” the UN Secretary-General said.
“Transitional justice can play a vital role in securing lasting peace. But it is not easy. By nature, it is a delicate and complex process. We know that transitional justice has the greatest chance of success when it is inclusive, comprehensive, and has victims at its heart. When it centres on truth and reparations but also justice. When women participate fully. And when all victims of human rights violations can find meaningful redress. I welcome efforts here in Nepal to drive progress and find solutions. I want to tell you you’re not alone. The United Nations respecting the Nepali leadership of this process stands ready to support you with your victim-centred process and its implementation in line with International standards, your Supreme Court’s rulings,” Guterres added further.
Guterres noted that the new republic, with a new Constitution, has the UN Charter at its core. Nepal has been quick to embrace the Sustainable Development Goals and has made substantial progress toward achieving them.
However, the subcommittee of the Law, Justice, and Human Rights Committee of the House of Representatives has been unable to reach a consensus on a bill proposing amendments to the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act.
The subcommittee has encountered differences among parties on four key issues. These include categorizing murder as a serious violation of human rights and making it non-amnestiable. The present bill lists only ‘cruel murder’ as a serious violation of human rights, which has drawn criticism from various quarters.
The sub-committee hasn’t been able to decide whether to categorize arbitrary killings or all killings except those that occurred in clashes as serious violations of human rights.
The subcommittee has also been unable to decide whether to categorise arbitrary killings or all killings, except those that occurred in clashes, as serious violations of human rights. Agreement has not been reached over cases of human rights violations when victims do not agree to reconcile. The subcommittee has also failed to find a solution to address the concerns of those affected by the conflict who were not directly involved in it.
Despite landmines planted during the insurgency causing loss of lives and injuries, the transitional justice process has failed to accommodate these victims. The 11 committee member, comprising representatives from different parties, has also not reached a consensus to reduce sentencing. Although there is an agreement that the penalty for perpetrators who cooperate during the investigation can be reduced, the specific amount of reduction remains undecided.
Incumbent Prime Minister Pushpa Kamal Dahal, who led the decade-long insurgency before entering the peace process, and the Chairman of the opposition party CPN-Unified Marxist Leninist, KP Sharma Oli, held a round of meetings which also failed to reach an agreement.
The subcommittee has addressed some concerns regarding survivors of rape and sexual violence. Under the agreed provisions, survivors can register their complaints within three months from the date of the amendment’s enactment.
Out of the total 63,718 complaints registered at the Truth and Reconciliation Commission (TRC), only 314 are related to rape and sexual violence from the insurgency era. Advocates for the rights of such victims suggest that rape victims number around 1,000, and those facing sexual violence are in the thousands.
The proposed bill has incorporated provisions for appealing with the to-be-formed special court for cases of rape, sexual violence, and human atrocities and coordinating with the victims.
Nepal’s Supreme Court ordered revisions of the Act eight years ago, which is yet to be amended. In 2015, the court struck down around a dozen amnesty provisions in the Act, directing the government to amend it in line with international standards and practices.
The court called for the categorisation of violence as ‘serious’ and ‘non-serious’ and ‘worthy of amnesty’ and ‘unworthy of amnesty’ based on their severity. Though the bill has two categories of human rights violations, it lists murder as a non-serious violation. (ANI)
