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VOL. 28, NO. 25, April 03, 2009 (Chaitra 21 2065)
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UN-Do The Mistakes
A senior UN Official asks the government to amend the disappearance ordinance to guarantee full justice to victims
By SANJAYA DHAKAL
Wrapping up her five-day visit to Nepal last week, the UN High Commissioner for Human Rights Navanethem Pillay urged the government and the parliament to reconsider the ordinance on formation of commission of inquiry on disappearances terming its current form as being ‘full of gaps.’
“It must not be a token body. There are numerous gaps in the current ordinance. I have urged that parliament should consider complete protection and full powers for the commission to be meaningful,” she said addressing a press meet held at the end of her visit to Nepal.
The winter session of the parliament beginning from March 29 is slated to discuss the ordinance. She said the ongoing peace process in the country could be affected if the government does not account the incidents of human rights violation.
She stated that during her meeting with several families whose loved ones were victims of serious human rights violations, both during and after the conflict and by the acts of both parties to the conflict, she found their stories were similar and painfully reminiscent of the dozens that she heard during her eight years working with the International Criminal Tribunal for Rwanda.
Her appeals for the amendment in the disappearance ordinance have come even as the main opposition Nepali Congress (NC) has indicated it will call for changes in the ordinances that the government will present in the parliament.
“The families want the truth so they can have a sense of closure; they need reparations so they can start rebuilding their lives; and, most of all, they want justice. I want to emphasize that human rights were violated in these cases in Nepal, and under international law the State has a responsibility to ensure that the families obtain truth and justice. The demands of victims’ families are not mere wishes; they are supported by law. And until these demands for justice are fulfilled and accountability for past, and in particular ongoing, violations is ensured, a truly new Nepal will not emerge, and indeed, the peace process could be jeopardized,” she said.
She expressed her belief that Prime Minister's pledge regarding the end of impunity and protection of human rights will be implemented. “I welcomed his stated commitment to end impunity and discrimination, and ensure respect for the human rights of all Nepalis. I told him that the Human Rights Council is also following closely the progress his Government is making to fulfill that commitment and to uphold the trust of the people of Nepal. As I say in my report to the Council, which will be discussed in Geneva next week - Nepal has the real possibility to grasp the historic opportunity to prove itself as a leader in implementing its human rights commitments. Above all, the Nepalese people, who have suffered long years of deprivation and denial as a result of the conflict, are entitled to have their human rights respected and fulfilled.”
Underscoring the security situation in the country as a challenge, Pillay urged the government to take solid steps for the protection of human rights.
She also informed that the PM will take the decision regarding the extension of OHCHR's term in a couple of weeks.
“We have requested the existing mandate be renewed for three years when it expires in June. I believe the work of my Office will support Nepal’s efforts to address the remaining challenges of the peace process and the human rights issues that were both a cause and a consequence of the conflict. The Prime Minister assured me that discussions were taking place on the mandate extension, and that he would communicate a decision to me in two weeks. The leaders of the Nepali Congress, UML and MPRF all assured me of their support for the extension of this mandate. We are also confident that we have the support of civil society,” she said.
