Kathmandu, August 23
United Nations Human Rights Chief Volker Turk has urged for victim-centred implementation of new transitional Justice legislation in Nepal ensuring accountability and reconciliation.
"Eighteen years since the end of the decade-long conflict, and after several previous attempts to finalise such legislation, victims of human rights violations are now closer to knowing the truth, accessing justice, and obtaining reparations," Turk said in a statement.
He added, "This process will also help strengthen guardrails to prevent anything like this from ever happening again."
The amendment bill on the Investigation of Enforced Disappeared Persons, Truth, and Reconciliation Commission Act, which was passed by the National Assembly on Thursday, aims to ensure truth and accountability for serious human rights violations committed by all parties during Nepal's civil war.
The commission will also oversee mediation and reconciliation efforts, and make recommendations to the Government to provide reparations, relief, and support to the victims and their families.
At least 13,000 people were killed and 1,300 went missing between 1996 and 2006 during the internal conflict between the Royal Nepal Army and the Communist Party of Nepal.
The UN Human Rights Office also documented unlawful killings, enforced disappearances, torture, arbitrary arrests, sexual violence, war crimes and crimes against humanity by both parties.
The conflict ended with a peace agreement, in which the parties committed to establishing the truth and ensuring the victims receive both justice and reparations.
"I welcome the adoption of this revised law as an important step forward, even if some provisions leave gaps and ambiguities. It is imperative that the legislation is interpreted and implemented in a manner that upholds victims' rights, including to truth, justice and reparations and that guarantees accountability in full compliance with international human rights standards," said Turk.
"It will be essential for the Nepalese authorities to ensure the full and meaningful participation of the victims and affected communities at every stage of the process," he added.
The High Commissioner also called for transparency and inclusivity in the appointment of the new commission's members, to ensure their independence, impartiality and competence.
"Nepal has become a regional and global example of a successful peaceful transition towards democratic, constitutional, and federal governance," Turk said. "My Office stands ready to assist the Government and people of Nepal in taking this crucial phase of the peace process forward. Transitional justice is a powerful instrument to break cycles of violence and impunity, and a unique opportunity to revisit some of the rooted inequalities and discrimination that led to the conflict," he added.
Soon after the lower house of Nepal's Federal Parliament endorsed the bill on August 14, 2024, victims of the decade-long insurgency claimed that reduced sentencing aims to provide amnesty to the guilty after symbolic action as well as they claim the transitional justice process cannot be complete without providing justice to former Maoist child soldiers.
A panel formed to give suggestions and draft the bill had excluded minor child soldiers in the bill as the Maoist Centre would strongly oppose any such inclusion.
Among the 4,008 Maoist combatants who did not qualify for integration into the Nepal Army, 2,973 were verified as minors by a United Nations mission. They are yet to get substantial support, except for a few thousand rupees given by the UN while they were discharged.
In addition, activists claim that the new bill also doesn't address crimes against humanity and war crimes. The former warring parties--the Maoists and the state security forces--maintain that no acts of crime against humanity or war crimes ever happened in Nepal.
The Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons have been paralyzed for over two years in the absence of chairpersons and members. Their appointment process will commence with the Act's endorsement.
In its verdict on a writ petition jointly filed by dozens of conflict victims, the Supreme Court in February 2015 had turned down several provisions in the Act as they allowed amnesties in serious violations of human rights. Nine years after the ruling, the Act is yet to be amended despite several attempts to do so.
Records show that as many as 3,223 complaints of enforced disappearances implicating either security forces or the Maoists have been lodged at the Disappearances Commission. It has picked for investigation 2,494 cases falling under its jurisdiction. Similarly, 63,718 complaints have been registered with the Truth Commission.
The TRC Bill is now being deliberated in the Upper House of the Federal Parliament- the National Assembly.