Organizing a press conference to present their 11-point position paper on the proposed TRC, AWC President Sushil Pyakurel alleged that the provisions incorporated in the TRC ordinance, which was made a part of the "opaque political deal", aim at granting general amnesty even to those involved in serious cases of human rights violations during the Maoist conflict. [break]
“Our meeting held yesterday [Sunday] has decided not to accept the proposed TRC and boycott all its processes,” he said.
The four major political forces -- UCPN (Maoist), Nepali Congress, CPN-UML and United Democratic Madhesi Front (UDMF) -- had not involved victim parties while inking a deal on the TRC. Pyakurel said the decision to boycott all the processes of the proposed TRC was made after holding consultations with the victims of both the state and the Maoist rebels during the insurgency.
“We had recognized the TRC bill presented in the erstwhile parliament as a workable document. But after the dissolution of parliament, the Baburam Bhattarai-led government included both the TRC bill and the Disappearance Commission bill in a single ordinance with a provision to grant general amnesty,” Pyakurel said.
AWC said the TRC being formed without holding consultations with victim parties, concerned stakeholders, and even the National Human Rights Commission, has many controversial provisions that go against the spirit of the Comprehensive Peace Accord and the Interim Constitution and the basic principles of international laws and international humanitarian laws despite its optimistic preamble.
The TRC is empowered to facilitate reconciliation in the application of either the "perpetrator" or the "victim" and also recommend amnesty to even those involved in cases of serious human rights violations.
Likewise, the TRC is made to work under the Ministry of Peace and Reconstruction, instead of making it directly answerable to the government or the president. AWC has concluded that the three different layers created in the TRC for prosecuting perpetrators -- first at TRC, then at the peace ministry and then finally at the Office of Attorney General -- is aimed at denying justice to the conflict victims.
Also, use of wording such as the commission "may", instead of "must", seek the consent of the victims prior to making reconciliation has given rise to the possibility of denying justice to the victim concerned.
Also addressing the press meet, transitional justice lawyer Gobinda Bandi said who is also a member of AWC, said those involved in cases of serious human rights violations cannot be given amnesty.
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