UN HR Chief welcomes adoption of transitional justice law in Nepal, calls for victim-centered implementation

Published On: August 22, 2024 08:10 PM NPT By: Republica | @RepublicaNepal

KATHMANDU, Aug 22: UN Human Rights Chief Volker Türk on Thursday welcomed the adoption of new transitional justice legislation in Nepal, terming it as an important step in the nation’s long journey towards accountability and reconciliation.

“Eighteen years since the end of the decade-long conflict, and after several previous attempts to finalize such legislation, victims of human rights violations are now closer to knowing the truth, accessing justice, and obtaining reparations,” a statement issued by the Geneva-based Office of the High Commissioner for Human Rights quoted Türk as saying. “This process will also help strengthen guardrails to prevent anything like this from ever happening again.”

This comes shortly after the National Assembly-- the upper house of the federal parliament--passed the Truth and Reconciliation Commission (TRC) Bill on Thursday. The Bill presented for endorsement by Minister for Law, Justice, and Parliamentary Affairs Ajay Kumar Chaurasiya was unanimously approved by the assembly.

The amendment bill on the Investigation of Enforced Disappeared Persons, Truth, and Reconciliation Commission Act, which was passed by the National Assembly on Thursday, aims to ensure truth and accountability for serious human rights violations committed by all parties during Nepal’s civil war. The commission will also oversee mediation and reconciliation efforts, and make recommendations to the Government to provide reparations, relief, and support to the victims and their families.

The House of Representatives (HoR), which is the lower house of the federal parliament, had previously passed the bill on August 14.

At least 13,000 people were killed and 1,300 went missing between 1996 and 2006 during the internal conflict between the then Royal Nepalese Army and the Communist Party of Nepal, the UN body said. The UN Human Rights Office documented unlawful killings, enforced disappearances, torture, arbitrary arrests, sexual violence, war crimes and crimes against humanity by both parties. The conflict ended with a peace agreement, in which the parties committed to establishing the truth and ensuring the victims receive both justice and reparations.

“I welcome the adoption of this revised law as an important step forward, even if some provisions leave gaps and ambiguities. It is imperative that the legislation is interpreted and implemented in a manner that upholds victims’ rights, including to truth, justice and reparations and that guarantees accountability in full compliance with international human rights standards," said Türk.

“It will be essential for the Nepalese authorities to ensure the full and meaningful participation of the victims and affected communities at every stage of the process,” he said.

The High Commissioner also called for transparency and inclusivity in the appointment of the new commission’s members, to ensure their independence, impartiality and competence. “Nepal has become a regional and global example of a successful peaceful transition towards democratic, constitutional, and federal governance,” Türk said. “My Office stands ready to assist the Government and people of Nepal in taking this crucial phase of the peace process forward.”

“Transitional justice is a powerful instrument to break cycles of violence and impunity, and a unique opportunity to revisit some of the rooted inequalities and discrimination that led to the conflict.”