KATHMANDU, March 29: Conflict victims and human rights activists have expressed serious objection to the provisions in the bill tabled in the parliament to bring amendment to Nepal’s transitional justice legislations.

The conflict victims and human rights activists have alleged that the third amendment to the Truth and Reconciliation Commission and the Commission for Investigation of Enforced Disappeared Persons Act, 2014 is intended to give immunity to serious crimes like murder.

Organizing a press conference in the capital on Tuesday, they demanded immediate withdrawal of the bill and maintained that it must be forwarded to the parliamentary committee for a detailed discussion on each of its provisions. "If the flawed provisions in the amendment bill on the definition of serious human rights violations, amnesty, criminal accountability, etc. are passed without changing them, there is a danger that most of the conflict victims will be deprived of justice and the perpetrators will get immunity," states a press statement issued by them.

Conflict victims have maintained that the move to classify ‘human rights violation’ and ‘serious human rights violation’ can give rise to impunity and further promote violence in the country. They further argued that the provision of amnesty for war crimes and crimes against humanity, including murder, sexual violence, torture, kidnapping, mutilation and any act that violates international human rights or humanitarian law, is against national and international law and the precedent and principles established by the Supreme Court of Nepal.

Since transitional justice is a matter of national and international interest and concern, they have demanded that it should be passed through the parliamentary committee system of the parliament after meaningful consultation with the stakeholders including the victims.

Addressing the press conference, senior human rights activist Charan Prasai said that there is no truth in the fact that transitional justice is about to be concluded according to the bill. He said that the bill would certainly block transitional justice rather than facilitate it.

“Our leaders have said: We want to conclude the peace process as soon as possible. We want to finish transitional justice as soon as possible; we want to pass the bill to amend the transitional justice legislation presented in the parliament through fast track. That is not the reality. The peace process will not be completed quickly because of this. It will be blocked again,'' Prasain said.

Prasain also said that although long efforts and time have been spent to bring the transitional justice to its logical conclusion, the victims have not yet received justice. He claimed that it is not possible to believe that the proposed bill will give justice to the victims. “Even the bill introduced now does not give justice to the victims. If its credibility is questioned by the victims, human rights activists, the international community and the parties to the conflict, this process will be blocked again," he said.

Conflict victims and rights activists maintained that the government had tried to conclude transitional justice in a unilateral manner even in the past, but failed to do so. Any such attempt that violates the main principle of transitional justice to provide victim-centered justice will fail, he added.

Conflict victim Madhav Prasad Neupane said that he was subjected to extreme torture by the state for 11 months. He complained that the state had not even told him that he was a victim of the conflict. He said that the victims were always forced to cry on the streets. While accusing the state of not being serious to their issue, he asked, “When will we get justice?"

Another conflict victim Suman Adhikari alleged that the state was working to revel in the suffering of the victims. “The state is cheating the victims. The only thing that the state has done is cheating. The state has only done the work of rejoicing in the pain of the victims,'' he said.

Adhikari said that political parties maintain silence when they are in power and raise their voices when they are out of power. He said that only after the case against Prime Minister Pushpa Kamal Dahal was registered, the state felt eagerness to bring the bill. He objected to the bill saying that even murder has been recognized as an ordinary crime.

Several other conflict victims and human rights activists had criticized the government’s move to grant blanket amnesty even to those involved in serious human rights violations during the conflict.  

 
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