10 countries welcome authentication of Transitional Justice Bill by Nepal President
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total of 10 countries have welcomed the progress made in Nepal over the Investigation of Disappeared Persons, Truth and Reconciliation Commission Act 2071 (Amendment) Bill passed with consensus by both houses of the Federal Parliament of Nepal.
Issuing a joint statement on Thursday late afternoon, USA, UK, Switzerland, Australia, Norway, Japan, Finland, EU, Germany and France welcomed the progress made over the TRC Act.
"As the Government outlines a path forward, the undersigned will explore possible mechanisms for support to the Government of Nepal for the benefit of the victims. The continued participation of the victims in decision making processes will aid the effective implementation of the TRC Act," the joint statement states.
But the statement also states that Nepal is in early stage of resolving and addressing the war-era issues the signing countries would keep an eye on the proceedings of the Government of Nepal while resolving the issues.
"Now is the time for all stakeholders to band together in support of bringing this segment of Nepal's history to a successful conclusion," the statement reads.
The joint statement comes hours after Nepal President Ram Chandra Paudel authenticated the bill to amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act on Thursday in accordance with Article 113 (2) of the Constitution of Nepal.
The amendment bill on the Investigation of Enforced Disappeared Persons, Truth, and Reconciliation Commission Act, which was passed by the National Assembly on 22nd August, 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 had 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.
But the transparency and inclusivity in the appointment of the new commission's members, to ensure their independence, impartiality and competence has always been the concern when it comes to the address of the crimes committed back then.
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.
✔️ 10 countries welcome authentication of Transitional Justice Bill by Nepal President
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