Nepal endorses landmark transitional justice amendment amidst human rights concerns News
glorioushimalaya / Pixabay
Nepal endorses landmark transitional justice amendment amidst human rights concerns

Nepal’s National Assembly on Thursday unanimously passed a bill to amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, according to local media sources.

The amendment bill aims to address serious human rights violations committed during Nepal’s decade-long civil war that began in 1996. The legislation includes provisions for the establishment of commissions to investigate enforced disappearances and oversee truth and reconciliation efforts, and it outlines mechanisms for victim reparations and potential reductions in sentencing for perpetrators who demonstrate cooperation and remorse.

The bill was endorsed by the House of Representatives earlier in the week, and the National Assembly passed the legislation without revisions.

Proponents of the bill say the decision marks a significant step in the nation’s long-stalled transitional justice process. Despite the legislative success, the bill has sparked considerable debate among conflict victims, human rights activists and international observers.

A section of conflict victims, particularly those represented by the Conflict Victims National Network, have criticized the bill as being overly lenient towards perpetrators, especially due to provisions allowing up to a 75 percent reduction in sentencing for serious human rights violations excluding cases of rape and severe sexual violence. The network’s chairperson, Gopal Shah, expressed deep dissatisfaction with the decision, labeling the bill as “perpetrator-friendly” and incapable of delivering justice to the victims.

Human rights organizations Amnesty International, Human Rights Watch and the International Commission of Jurists also voiced concerns about the bill in a joint statement. The organizations argued that the bill’s classification of serious human rights violations is inconsistent with international law and fails to adequately address crimes such as torture, which are considered inhuman and cruel by nature. The organizations urged the Nepalese government to amend the bill to better align with international human rights standards and to ensure that those responsible for wartime crimes are held fully accountable.

Critics further argue that the bill’s failure to classify war crimes and crimes against humanity as serious violations of human rights could deprive victims of their right to full justice. The bill does not list these as non-amnestiable offenses, which has raised fears that perpetrators could evade full accountability.

Despite these criticisms, the bill has been hailed by some as a progressive step towards concluding Nepal’s peace process, which has been in limbo for nearly two decades. UN Human Rights Chief Volker Türk welcomed the legislation as an important milestone, emphasizing its potential to bring victims closer to truth, justice and reparations. He also stressed the importance of transparency and inclusivity in the appointment of commission members to ensure their independence and competence. Türk acknowledged the progress made with the bill but emphasized the need for its implementation to fully comply with international human rights standards.

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