In a joint statement issued from New York on Thursday, Human Rights Watch (HRW) and Amnesty International urged the government to submit the draft bill to the Constituent Assembly for consideration "to ensure transparency and public participation in the legislative process". [break]
"It is vital that these bills (sic) be reviewed by victims, civil society, and the Constituent Assembly to ensure that they bring justice and are consistent with international standards," said Brad Adams, Asia director at HRW. "Adopting these bills by decree will mean little public debate or scrutiny and will dis-empower survivors and victims."
Noting positively that the move toward establishing a Disappearances Commission is a step toward ensuring accountability and bringing perpetrators to justice, the joint statement, however, said the draft bill currently falls short of international standards and contains serious flaws that would fatally compromise the credibility and effectiveness of the commissions once they are established.
"A government ordinance that enacts the two bills (sic) as they currently stand would establish two ineffective and flawed institutions and would tragically miss an important opportunity to address impunity in Nepal," said Sam Zarifi, Asia director at Amnesty International.
Meanwhile, a statement issued on Friday by the International Commission of Jurists (ICJ) also urged the government to ensure that legislation on Disappearances (Crime and Punishment) and Truth and Reconciliation are adopted through regular democratic process and not by executive ordinance.
"The ICJ is deeply concerned that the Government is seeking to undermine the Constituent Assembly and bypass public debate by enacting executive decrees on matters of fundamental national importance," said the statement.
"There are no exceptional circumstances to justify overriding the normal democratic process, especially on issues that are so important for peace and justice in Nepal," said Roger Normand, ICJ´s Asia-Pacific Director.
On 1 June 2007, the Supreme Court had issued a directive order to the government to enact legislation that would criminalize enforced disappearance and establish a commission to investigate past abuses in accordance with international laws.
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