Wednesday, August 30, 2017

NEPAL: Peace without Truth & Justice, Reconciliation without Accountability is not Acceptable


FOR IMMEDIATE RELEASE

AHRC-STM-109-2017

30 August, 2017

A Joint Statement by the Asian Human Rights Commission, the Advocacy
Forum (AF), Amnesty International, Accountability Watch Centre,
Conflict Victims’ Common Platform (CVCP), Committee for Social
Justice, INSEC, Inhured International, Peoples’ Voice, Voices of
Women Media, NEFAD, DFHRI, HURFON and OHR, on the International Day of
the Victims of Enforced Disappearances



The Commission of Investigation on Enforced Disappearance Persons
(CIEDP) which was formed after 9 years of Peace Agreement, to
investigate the disappearance cases from the 10 years long armed
conflict, has received altogether 3093 complaints. As previous years,
this year too, the family members of the disappeared persons are
commemorating the International Day of the Victims of Enforced
Disappearance across Nepal by demanding the right to know the truth
and make public whereabouts of those disappeared relatives. As the
CIEDP could do nothing within its 2 years' tenure except collecting
complaints, the mandate was extended for another year, however more
than two and half years has been spent for nothing in terms of fair
investigation and supporting families for searching the truth, justice
and reparation.

It has come to know that the CIEDP has formed 3 members investigation
committees within the commission. And the committee has contacted to
the family members living in Kathmandu and surroundings for interview
and filling anti-mortem data form and ‘reparation’ form but the
families were not assured that their questions/demands would be
addressed. Likewise, the Truth and Reconciliation Commission has
received more than 60,000 cases. The victims are not assured that the
commissions would investigate their cases in a fair way, establish
truth and provide them justice in time. However, the victims have
complained that the commissions are interviewing them and preparing
documents for formality rather than working for truth seeking. The
investigation committee lacks competency, expertise and the
psychosocial counselors.

The CIEDP has only 5 months tenure left according to the current legal
mandate; and it has not been able to investigate a single case of
enforced disappearance and has not made its findings public. There are
no visible signs that the investigations on whereabouts of the
disappeared persons, naming the perpetrators, exhumations, DNA testing
and preparing a comprehensive reparation needs for the families would
be conducted by the commission within this remaining period. The slim
chances to get to know the truth and justice for the enforced
disappearances, extrajudicial killings, torture, sexual violence and
rape, internal displacement, mutilation, disabled victims and their
family members is getting worse. The victims’ demand that the
serious human rights violation cases should not be referred for forced
reconciliation and amnesty. The Supreme Court's order to amend law
regarding amnesty has not been implemented yet, and there is no strong
political will to resolve the cases.

So, commemorating the International Day of the Victims of Enforced
Disappearances, we, the concerned organizations, on behalf of families
of the disappeared, would like to demand following before the
government of Nepal:

• Amend transitional justice law according to the Supreme Court's
verdicts,

• Criminalize enforced disappearance by promulgating law,

• Ratify International Convention for the Protection of All Persons
from Enforced Disappearance,

• Make public the ongoing works and progress of CIEDP,

• Make public the whereabouts of the persons disappeared during the
armed conflict,

• Appoint Experts and Psychosocial Counselors to bring effective
results on the investigation of the CIEDP,

• Ensure meaningful participation of Family Associations and
Conflict Victims Common Platform, and Coordinate with National Human
Rights Commission and other concerned agencies immediately,

• Ensure justice procedures, not-repetition and comprehensive
reparation measures to support the victims' family and create a
conducive environment for a sustained peace With Solidarity:

# # #

The Asian Human Rights Commission (AHRC) works towards the radical
rethinking and fundamental redesigning of justice institutions in
order to protect and promote human rights in Asia. Established in
1984, the Hong Kong based organisation is a Laureate of the Right
Livelihood Award, 2014.

Read this Statement online


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