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OHCHR concerned about Truth and Reconciliation Commission Bill

The Office of the High Commissioner for Human Rights in Nepal (OHCHR-Nepal) has raised serious concern over the draft of the Truth and Reconciliation Bill prepared by the government.

"With regard to the provisions of the draft TRC bill, OHCHR-Nepal is deeply concerned about provisions which would amnesty the perpetrators of gross human rights violations and violations of international humanitarian law (IHL), including extra-judicial execution, torture and disappearances. Amnesty provisions, which prevent prosecution for these offences, are inconsistent with Nepal’s obligations under international law," an OHCHR-Nepal release said Friday.

The OHCHR-Nepal further stated that UN Secretary General had this week reaffirmed the UN’s policy of not endorsing or condoning amnesties for genocide, crimes against humanity, war crimes or gross violations of human rights, nor undertaking or encouraging activities that might foster them.

The UN rights body had on Thursday handed over to the government a document detailing its comments on the first draft of the TRC Bill. The comments were presented at a workshop organised by the Ministry of Peace and Reconstruction, which was attended by the Attorney General, Members of Parliament, senior legal advocates and representatives of civil society.

The bill proposes the creation of a TRC with a mandate to investigate the facts surrounding the commission of gross violations of human rights and crimes against humanity committed during the course of the armed conflict between 13 February 1996 and 21 November 2006. The Commission, which will consist of up to seven commissioners, will have two years, with a possibility of a 12-month extension, to complete its work. It will then submit its findings to the governments with recommendations on reconciliation, prosecutions, amnesty and reparations.

"Among the other main concerns regarding the bill is the lack of safeguards regarding the independence, impartiality and diversity of the Commission, both in relation to the selection of commissioners and in relation to operational and financial matters. According to the bill, the commissioners will be selected by a government-appointed body that may consist of political actors, rather than a diverse group that is representative of society," OHCHR-Nepal said calling upon the government to take into account the concerns raised by human rights organisations and civil society.

It also pointed out the absence of provisions to ensure diversity based on ethnicity, gender, caste, geographic region and religion.

“In making its own comments public at this stage, OHCHR-Nepal wishes to contribute constructively to discussions on the nature and timing of a truth and reconciliation commission, and thereby contribute to the creation of a timely, credible, impartial independent commission which will address the victims’ rights to truth, justice and reparation” said Sandra Beidas, Acting Representative, OHCHR-Nepal. nepalnews.com mk Aug 03 07