NHRC provides 12-point suggestion to govt on bill relating to transitional justice

Published On: August 15, 2022 10:50 AM NPT By: Republica  | @RepublicaNepal

KATHMANDU, August 15: The National Human Rights Commission (NHRC) has furnished a 12-point suggestion to the government on the bill relating to transitional justice. 

The suggestion on an amendment bill on transitional justice mechanisms- Truth and Reconciliation Commission (TRC), and Commission for Investigation of Enforced Disappeared Persons (CIEDP) - was made public on Sunday.

Releasing the suggestion, NHRC Chairperson Tap Bahadur Magar, said the major Act on transitional justice and the bill presently tabled at parliament warrant review. So, NHRC prepared suggestions for it, he added. "The Act was introduced to ensure transitional justice. It however needs to be amended. NHRC has a clear stand on addressing transitional justice with changes on the Act and amendment bill," he has said.

In the suggestions, NHRC pointed out that 'human rights violation' and 'serious violation of human rights' should be defined and categorized in line with the standard of human rights and international humanitarian law and instruments.

Similarly, the TRC and CIEDP must be made effective by ensuring adequate human and financial resources.

The transitional justice mechanisms must be given rights to investigate and settle the issues on crimes against humanity and use of child soldiers as per principles of transitional justice.

The TRC and CIEDP should function independently, the NHRC stated, adding that it is not appropriate to transfer the cases sub judice in the regular court to the special court.

The NHRC has also recalled the directive order issued by the Supreme Court to manage separate laws on vetting. The suggestion list also includes that soldiers mobilized from both sides- then rebellion force and the State during armed insurgency must be treated equally.

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