International Justice Day
17 July, 2015
International Commission of Jurists (ICJ) and Informal Sector Service Centre (INSEC) together with Amnesty International Nepal, Advocacy Forum Nepal, Conflict Victims Common Platform (CVCP), and Centre for Legal Studies (CLS) commemorated the International Criminal Justice Day on 17 July in Kathmandu.
At the gathering, conflict victims expressed their serious concerns about the draft constitution’s failure to ensure justice to the victims of the armed conflict.
Suman Adhikari, the Chairperson of Conflict Victims Common Platform (CVCP) demanded power to formulate retrospective law to prosecute grave human rights abuses. He also stated his opposition to the provision of amnesty for crimes committed during conflict era.
Advocate Sapana Pradhan Malla, Former Constituent Assembly Member, Women Rights Activist and Member of United Nations’ Committee Against Torture pointed out the gaps, including in the context of transitional justice, where the draft has not addressed the right to representation of the victims, Commissions unequipped with autonomy and independence; and the urgency to criminalize torture in Nepal as per its commitment in the United Nations.
Advocate Govinda Sharma Bandi illustrating the case of Colonel Kumar Lama who was arrested in UK on charges of torture said that in situation where countries fail to prosecute human rights violators, there are chances of international intervention which is unfortunate to any country.
Constitution Assembly Member Arjun Narsingha KC acknowledged there was a rise of impunity and admitted that the draft constitution is an agreed political document which may not meet the expectations of Nepali people. He further added that the right to citizenship should be guided by principle of equality and he would put efforts to make it human rights friendly.
CA Member Krishna Bhakta Pokhrel reiterated that though Constitution is an agreed document of the political parties, there are provisions for amendment in many issues except on the issue of nationality.
Participants at the discussion pointed out gaps in the draft constitution and advised to see more public consultation to fill the gaps. Conflict victims, representatives from the human rights community, civil society and media attended the event.