In a press statement issued on Saturday, the OHCHR-Nepal says, "OHCHR shares the concerns of the National Human Rights Commission, as well as national and international civil society organizations, that the bill be consistent with international law and the requirements set out by the Supreme Court in its June 2007 judgment on disappearances."
It has urged the parliament to take into account the concerns raised by the civil society, human rights community and the victims´ groups.
"This will ensure that the criminalization provisions of the bill are consistent with international law and that the proposed commission can act effectively and with broad-based public support," the statement says.
The OHCHR has recommended the government to increase the penalty for disappearances to reflect the seriousness of the crime. It has also asked the government to amend the definition of disappearances to ensure consistency with internationally-accepted definitions.
While initiating prosecution in disappearance cases, the OHCHR has asked the government to ensure that the burden of proof lied on the state but not on the defendants. It has also asked for strong provision for protection of witnesses, besides guaranteeing the transparency and fairness in the appointment process of commissioners.
"The criminalization of enforced disappearances and the establishment of a Commission of Inquiry are important steps forward in the peace process and for the protection and fulfillment of human rights," said OHCHR representative in Nepal Richard Bennett.
The government has submitted a bill to the parliament for consideration to substitute the Ordinance on Disappearances (Crime and Punishment) 2065.
Related story
Bill proposes sack of university chiefs through senate majority...
