Amnesty International (AI) has said that Nepal’s failure to punish perpetrators of grave human rights violations and crimes under international law committed during the armed conflict has created an environment where violations continue to be committed with impunity.
A briefing launched on 10 January, 2013 in Kathmandu AI said that the governance and rule of law have been greatly compromised in Nepal, and the failure of political parties in May 2012 to agree a new Constitution – mandated by the Comprehensive Peace Agreement (CPA) signed six years previously, has only exacerbated the problem.
The briefing entitled ‘Nepal the search for justice’ stated – successive governments’ decisions to withdraw criminal cases against individuals with political affiliations, promote alleged perpetrators of human rights violations to senior leadership positions and propose amnesties which could cover serious crimes, send a clear message to all potential perpetrators that there will be no consequences for their crimes.
‘Sexual and domestic violence has yet to be tackled effectively by the justice sector anywhere in Nepal; impunity for violence against women is widespread. Women’s human rights defenders complain that police often refuse to register complaints brought by women or even collude with perpetrators to shield them from prosecution. Nowhere are the results of this justice vacuum more apparent than in the Terai region of southern Nepal where the legacy of conflict-era violations and prolonged impunity has allowed a culture of violent lawlessness to take root,’ the report further elaborated- ‘Armed political groups and criminal gangs (often difficult to distinguish) operate alongside corrupt police officials, obstructing access to justice, silencing dissent and evading accountability. The departure of the UN Office of the High Commissioner for Human Rights in Nepal following termination of its agreement with the Government of Nepal in December 2011 has left a significant advocacy and protection vacuum, which exacerbates dangers faced by human rights defenders attempting to challenge this climate of impunity.’
It also recommended to the Government of Nepal to ensure effective witness protection, take disciplinary action against police who fail to record cases or investigate allegations of human rights violations, including violence against women, define torture as an autonomous crime under Nepali law, in accordance with the definition contained in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – to which Nepal has been a state party since 1991 and others.
The briefing paper was launched by Surya Bahadur Adhikari, Vice Chairperson of AI Nepal and Rameshwar Nepal, Director of AI Nepal shed light the summary over the briefing.
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