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Disappearances Commission and TRC should meet int'l human rights standards: ICJ tells govt

The International Commission of Jurists (ICJ) has urged the Nepal government to ensure that laws related to a Truth and Reconciliation Commission and a Disappearances Commission are adopted through regular democratic legislative processes and are not adopted by ordinance. The ICJ also reiterated that adoption of such legislation should follow broad based national consultation and should meet Nepal's human rights obligations.

"In a democratic country, legislation of national importance should only be adopted following public debate, including by the country's legislature", said the ICJ in a release issued on Wednesday.

"The introduction of laws related to a Truth and Reconciliation Commission and a Disappearances Commission via ordinance violates Nepal's Supreme Court directives and the Interim Parliament's instructions."

While the ICJ welcomed steps taken by the government to begin consultation with civil society, including victims, it however expressed concern that "the consultation process has been insufficient in several areas including: the range and depth of issues discussed, the broadness of participation in the consultations, and the number and the geographical location of consultations."

"To ensure national legitimacy legislation establishing transitional justice mechanisms requires broad based national consultation with all stake holders, particularly victims of the conflict and their families, during the drafting process", the ICJ said, adding, "To combat the culture of impunity in Nepal it will be essential that the legislation addresses past gross violation of international human rights and humanitarian law including crimes against humanity and that the Commission has the necessary powers to recommend that Nepal's criminal justice system bring the perpetrators identified by the Commissions to justice." nepalnews.com ag Feb 21 08