In separate letters to top leaders, the European Union has appreciated the commitments of the parties to establish Truth and Reconciliation Commission and Commission of Inquiry on Disappearances and has offered a number of suggestions to make the proposed law on transitional justice mechanisms meet international standard. [break]
".. We are concerned that the bills establishing the two commissions may be significantly weakened in a way that may prolong impunity and put Nepal in breach of its international obligations,” reads the letter written by Danish Ambassador Morten Jespersen in his capacity as the local presidency of the European Union to political leaders.
The European countries have suggested that the proposed bill on setting up transitional justice mechanisms should be in line with international treaties and conventions to which Nepal is a party besides conforming to customary international laws. They have told the political parties that the bill should include respect for the right to remedy and exclude amnesty provisions for most serious crimes like crimes against humanity, illegal detentions, sexual violence, and violence against civilians, among others.
In addition, they have also emphasized that there should be a transparent and public nomination process of commissioners of the proposed commissions and formal vetting process to ensure that human rights violators are not appointed.
Likewise, the European countries have maintained that the proposed commissions should be given extensive truth-seeking powers and unfettered access to personnel and documentation to investigate cases of human rights violations.
They have also maintained that independence of such commissions should be guaranteed in the proposed bill.
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