Amnesty International Nepal provided technical support to the Conflict Victims Common Platform (CVCP) to organize sensitization workshops in Mahendrangar of Kanchanpur and Dipayal of Doti in Province No. 7, and Dharan of Sunsari district in Province No. 1 on 5, 7 and 11 August respectively on the draft amendment bill on transitional justice (TJ). These workshops formed part of a nationwide sensitization drive led by CVCP in collaboration with Advocacy Forum, Amnesty International, International Alert, Nagarik Aawaj and UNDP TJ Project including some technical input from some activists and lawyers.
The draft amendment bill on TJ, which was made public by the government in June 2018 contains, while on the one hand, a broader mandate of the Truth and Disappearance Commissions and an holistic approach towards addressing the transitional justice issues, on the other hand, it also contains some problematic issues such as lack of wider victim consultation, a very narrow provision inconsistent with international law in relation to the pardon, prosecution and punishment of the perpetrators, withdrawal of cases, exclusion of war crimes and crimes against humanity from the purview of the law, among others.
One of the first objectives of the sensitization workshops was to inform the victims in the province and district level about the latest update on transitional justice including the government’s efforts towards the amendment of the TJ law. The other objective was to let the victims know in simple terms the content of the the draft bill and seek their opinion on these content, as well as to prepare them for further strategic action and advocacy towards improving the content of the bill.
A total of 58 participants in Kanchanpur, 43 in Dipayal and 63 in Dharan actively took part in the workshop. The workshop began with CVCP leaders sharing the objective of the programme, and Amnesty Nepal making presentation on the provisions of the draft bill including by highlighting the ones that appear to be problematic. The participants were then grouped into five groups and tasked to discuss on five key thematic issues – truth seeking; prosecution, withdrawal of cases, pardon and sentencing provisions; reparations; victim consultation; and institutional reforms (including their reading of the current commissions) – bringing in their observation in relation to how the draft bill deals with these issues.
The focused groups had later presented their observation and concerns before the plenary on each of these themes. While there was appreciation of the government’s amendment effort, there were apprehensions and concerns on all the thematic issues discussed. Participants were mostly concerned about the very slack sentencing provision and were apprehensive that the provisions may lead to a situation of blanket amnesty. The victims found the provision of “open gaol” and “community service” very objectionable. They were also quite critical of the omission of war crimes, and crimes against humanity from the purview of the law. Victims also expressed concern as the bill did not provide anything on “command responsibility” of grave crimes. A huge concern was shown around the inefficiency and incompetence of the two TJ commissions, which have not delivered anything even as three and half years have already elapsed. The participants demanded that unless reconstituted the broader objective and mandate as envisaged by the bill would not be fulfilled by the same commissions