We the undersigned human rights organizations express full solidarity with the valid and serious concerns expressed by the victims’ community on the “Bill for the Amendment of the Investigation of Enforced Disappeared Persons, Truth and Reconciliation Commission Act, 2071 (2014)” that the Government of Nepal registered in the parliament on 15 July 2022.
We believe that despite positive provisions including reparations, the amendment Bill contains many provisions that violate the victim’s right to an effective remedy. Amnesty to those involved in serious violations of human rights and international crimes including murder, torture, rape, and other forms of serious sexual violence, war crimes, and crimes against humanity is not acceptable under national and international law. Thus, the categorization of violations in the Bill is not acceptable. Earnest effort is required from the Government and the political parties to prevent explicit or implicit immunity from criminal accountability for those involved in serious violations of human rights and intentional crimes.
Therefore, considering the sensitivity of the Bill, we call on 1) the ministry to re-work on the Bill to ensure that the Bill complies with national, international law and the decisions of the Supreme Court of Nepal, and the aspirations expressed by victims during the consultations 2) the sovereign institution of the people’s representatives, the Federal Parliament not to pass the Bill as the law without ensuring that the Bill does not violate national and international law and aspiration of victims 3) political parties of Nepal to play constructive roles helping parliament to pass the law following inclusive process 4) UN and Nepal’s international development partners not to legitimatize and support any process that undermines international law and further impunity in Nepal.
Endorsed by:
