Conflict victims, human rights defenders in Nepal alert UN chief of 'multiple flaws' in transitional justice amendment bill

A memorandum addressed to UN chief Antonio Guterres, alerting him of “multiple flaws” in the transitional justice amendment bill tabled by the Nepal government in Parliament, was handed over to the UN Resident Coordinator Richard Howard by a group of conflict victims and human rights defenders on Monday.

The letter sought the good offices of the UN Secretary-General to press upon the government and political parties represented in Parliament to ensure necessary amendment of provisions that undermine victims' right to effective remedies and open the door to impunity for those involved in gross violations of human rights and serious violations of international humanitarian law, according to a statement issued by the group.

The transitional justice amendment bill was tabled in the House of Representatives last month.

''We are of the view that the bill, which the government wants to push through Parliament on 'fast track', is perpetrator-friendly. It seeks to suppress the legitimate demands of victims of Nepal's conflict (1996-2006) for justice, and would open up the possibility of recurrence of such violent conflicts in the future,'' the letter said.

The memorandum states that the United Nations has been a meaningful partner in Nepal’s peace process, which makes it surprising that the respective Special Rapporteurs, the OHCHR (Office of the United Nations High Commissioner for Human Rights) and other UN entities have not publicly reacted to the transitional justice bill.

Conflict victims, human rights defenders and national and international human rights organisations have been objecting to several provisions in the bill. They have demanded a revision of the list of serious human rights violations and called for a provision to appeal the decision of the Special Court, to be formed to decide on the cases from the insurgency, at the Supreme Court, and removing the statute of limitations in such cases.

The memorandum asserted that “the transitional justice bill does not follow the directives of the Supreme Court of Nepal and violates international principles and practice on transitional justice”.

Issues related to differentiations made between ‘murder’ and ‘cruelly conducted murder’, coercion on victims for amnesty, provisions for reduced sentencing and absence of due process are some of the ''multiple flaws'' mentioned in the memorandum.

The absence of the issue of child soldiers in the bill, even though it has been so well recognised by the United Nations in the context of Nepal, is also mentioned as a ''grievous flaw''. “The amendment bill is designed to provide de facto immunity to perpetrators of both sides (Maoists and state security personnel),” it said.

According to a report in Kathmandu Post newspaper, the bill says “cruel murder” or murder after torture, rape, enforced disappearances and inhumane or cruel torture committed against unarmed or ordinary people during the insurgency are serious human rights violations and non-amnestiable.

It, however, doesn’t list war crimes and crimes against humanity under serious human rights violations. The bill also doesn’t have any provision to address the concerns of former minor combatants.

The memorandum states that “Nepali society is capable of developing a just, humane and realistic transitional justice process, one that will be exemplary at the international level. This is also why we hope that the United Nations will remain engaged on the matter”.

The signatories include Dr Gauri Sankhar Lal Das, former Commissioner of National Human Rights Commission, Nepal; Sushil Pyakurel, also a former Commissioner of National Human Rights Commission, Nepal; and Kul Chandra Gautam, ex-Assistant Secretary General of the United Nations.