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House committee to discuss TRC bill with UN reps on Aug 19; British envoy talks with Poudel

The meeting of the Parliamentary Special Committee on Monitoring of Implementation of Comprehensive Peace Agreement held on Thursday morning has decided to invite representatives of UNMIN, OHCHR and National Human Rights Commission to confer over the provisions of Truth and Reconciliation Commission (TRC) Bill on August 19.

Likewise, the committee has also decided to invite Home Minister Krishna Sitaula and Peace and Reconstruction Minister Ram Chandra Poudel on August 21 to discuss the situation of implementation of peace agreement and issues related with the TRC bill.

Malla K. Sundar, a member of the House committee, told Nepalnews that on Thursday morning the committee held a 'preparatory meeting.'

The committee's decision to consult with the UN rights bodies has come after the latter issued statement raising concerns over some provisions of the TRC bill.

Meanwhile, British ambassador Dr Andrew Hall met with Minister Poudel on Wednesday to discuss the EU's concern on TRC bill.

According to the press statement issued by the British embassy, that holds the EU presidency in Nepal, ambassador Dr Hall welcomed the proposal to establish a TRC even as expressing concerns on some provisions.

Chargé d'affaires of France was also present during the meeting. "Addressing the past on the basis of truth, justice and reparation allows the country to look forward and build a society where violence is unacceptable and the rule of law is respected," the statement quotes Dr Hall as saying.

The statement further says, "But the EU is concerned by some of the provisions in the bill which do not meet international standards and will not advance democratic principles. This is of particular concern in regard to the granting of amnesty for human rights violators, including those guilty of the grave crimes of torture and murder. This is not the basis on which lasting peace can be built".

The EU has expressed willingness to support OHCHR's and civil society's call for a TRC to be established only after extensive and inclusive consultation with others including victim groups, and only once there is an environment that allows a credible commission to function.

Dr Hall said "I urged the Minister to consider carefully the next steps on the TRC, taking into account international law and experience and keeping in view the opportunity a sound process of truth and reconciliation represents to heal the wounds of the past."

Minister Poudel assured that the TRC would operate in full compliance with international law and that the bill would only be passed after wide consultation.

A few days ago, Office of High Commissioner for Human Rights (OHCHR-Nepal) had sent a document to the government detailing its comments on draft TRC bill.

"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 extrajudicial execution, torture and disappearances. Amnesty provisions which prevent prosecution for these offences are inconsistent with Nepal's obligations under international law," the OHCHR-Nepal said in a statement.

The OHCHR-Nepal has stated that its other concerns include 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.

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 provide the Government with a report of its findings, and recommendations as to reconciliation, prosecutions, amnesty and reparations. nepalnews.com sd/ia Aug 09 07