A senior United Nations human rights official today urged Nepal to quickly enact the draft laws that will establish a commission to probe enforced disappearances in the Asian country and create a mechanism to seek the truth about conflict-related abuses and facilitate national reconciliation.
Tuesday, April 19, 2011 By UN News
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Deputy Rights Commissioner Kyung-wha Kang (right) speaking to reporters on arrival in Nepal
A senior United Nations human rights official today urged Nepal to quickly enact the draft laws that will establish a commission to probe enforced disappearances in the Asian country and create a mechanism to seek the truth about conflict-related abuses and facilitate national reconciliation.
"Establishing these mechanisms in Nepal " in particular the Disappearances Commission and the Truth and Reconciliation Commission " is both necessary and urgent," said Kyung-wha Kang, the UN Deputy High Commissioner for Human Rights, addressing members of Nepal"s Constituent Assembly in the country"s capital, Kathmandu.
"The Constituent Assembly must swiftly adopt the necessary draft legislation to establish these commissions. Furthermore, to ensure that the claims of the victims are genuinely addressed, these laws must be in line with international human rights standards," she said.
Ms. Kang, however, added commissions cannot replace the regular criminal justice process, which guarantees the rule of law in society.
"It is an obligation for all States to undertake investigations and prosecutions of all cases of gross violations of human rights and serious violations of international human rights and humanitarian law. Post-conflict amnesties cannot be granted to prevent prosecution of egregious human rights violations, including through pardons or the withdrawal of criminal charges."
She voiced concern that no one has to date been held accountable for crimes committed during the conflict, noting that criminal investigations have not progressed and that some perpetrators have even been promoted, with little attention paid to redressing the grievance of the victims.
"In particular, families of the disappeared have remained in the dark about the fate of their loved ones, and to this day, continue to suffer as they await the truth " and justice. They need to be relieved of this terrible burden; seeing those responsible held to account will allow them, and all of Nepali society, to move beyond the past conflict period and build confidence in the mechanisms of the State."
Ms. Kang said the UN Office of the High Commissioner for Human Rights (OHCHR) is pleased that the Nepalese legislature is considering two important bills aimed at advancing the protection and promotion of the human rights of one of the most marginalized groups in Nepali society " the Dalit community.
"I am speaking of the bill to properly criminalize untouchability practices and the bill to create a strong, independent, and adequately resourced National Dalit Commission to focus on the defence of the rights of the community.
"Passing these three laws " following the necessary amendments to ensure their consistency with international human rights standards and best practices " is of significant importance," she added.
The Deputy High Commissioner said she was also encouraged by the decision by parliament to instruct the Government to proceed with the ratification of the Rome Statute, the legal instrument that created the International Criminal Court (ICC).
Source: UN News
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Not a single war crime punished in Nepal, rues UN
By Sudeshna Sarkar | IANS – Tue, Apr 19, 2011 7:09 PM IST
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Kathmandu, April 19 (IANS) Five years after Nepal's decade-old armed insurrection ended, not a single war crime has been brought to justice, a top UN official rued Tuesday.
Kyung-wha Kang, UN deputy high commissioner for human rights, who arrived here on a three-day visit Monday, said in an address to MPs that it was 'deeply troubling' that to date no one had been held accountable for crimes committed during the Maoist conflict.
'Criminal investigations have not moved forward, some perpetrators have even been promoted, and little action has been taken to address and redress the grievance of the victims,' she said.
Though victims paid tremendous physical, psychological and material price, often they were the neglected part of the equation in efforts to fight impunity. 'Sadly, this has been the case here in Nepal as well,' she said. 'There is a clear need to rectify this gap.'
Over 1,000 people remain missing still with their families in the dark about their fate.
'They need to be relieved of this terrible burden; seeing those responsible held to account will allow them, and all of Nepali society, to move beyond the past conflict period and build confidence in the mechanisms of the state,' Kyung-wha said.
The UN official is also asking Nepal to ensure that the new constitution, to be promulgated by May 28, is based on respect for human rights, the rule of law and justice and equal rights for all.
She noted that some provisions in the draft constitution do not protect basic rights, especially the gender-based discrimination vis-a-vis citizenship provisions that prevents children from receiving citizenship through their mothers.
The UN rights body is calling for a Disappearances Commission to disclose the fate of the missing and a Truth and Reconciliation Commission to bring human rights abusers to justice. Both commissions must be in line with international human rights standards.
The official is also urging Nepal not to grant post-conflict amnesties, including granting pardons or withdrawing criminal charges.
The Maoists, who are now in the ruling alliance, have been demanding such amnesty time and again.
Kyung-wha also said Nepal should establish an independent witness and victim protection system.
(Sudeshna Sarkar can be contacted at sudeshna.s@ians.in)
http://in.news.yahoo.com/not-single-war-crime-punished-nepal-rues-un-133923960.html
Nepal: UN human rights official urges creation of justice and reconciliation commissions
Deputy Rights Commissioner Kyung-wha Kang (right) speaking to reporters on arrival in Nepal
19 April 2011 – A senior United Nations human rights official today urged Nepal to quickly enact the draft laws that will establish a commission to probe enforced disappearances in the Asian country and create a mechanism to seek the truth about conflict-related abuses and facilitate national reconciliation.
“Establishing these mechanisms in Nepal – in particular the Disappearances Commission and the Truth and Reconciliation Commission – is both necessary and urgent,” said Kyung-wha Kang, the UN Deputy High Commissioner for Human Rights, addressing members of Nepal’s Constituent Assembly in the country’s capital, Kathmandu.
“The Constituent Assembly must swiftly adopt the necessary draft legislation to establish these commissions. Furthermore, to ensure that the claims of the victims are genuinely addressed, these laws must be in line with international human rights standards,” she said.
Ms. Kang, however, added commissions cannot replace the regular criminal justice process, which guarantees the rule of law in society.
“It is an obligation for all States to undertake investigations and prosecutions of all cases of gross violations of human rights and serious violations of international human rights and humanitarian law. Post-conflict amnesties cannot be granted to prevent prosecution of egregious human rights violations, including through pardons or the withdrawal of criminal charges.”
She voiced concern that no one has to date been held accountable for crimes committed during the conflict, noting that criminal investigations have not progressed and that some perpetrators have even been promoted, with little attention paid to redressing the grievance of the victims.
“In particular, families of the disappeared have remained in the dark about the fate of their loved ones, and to this day, continue to suffer as they await the truth – and justice. They need to be relieved of this terrible burden; seeing those responsible held to account will allow them, and all of Nepali society, to move beyond the past conflict period and build confidence in the mechanisms of the State.”
Ms. Kang said the UN Office of the High Commissioner for Human Rights (OHCHR) is pleased that the Nepalese legislature is considering two important bills aimed at advancing the protection and promotion of the human rights of one of the most marginalized groups in Nepali society – the Dalit community.
“I am speaking of the bill to properly criminalize untouchability practices and the bill to create a strong, independent, and adequately resourced National Dalit Commission to focus on the defence of the rights of the community.
“Passing these three laws – following the necessary amendments to ensure their consistency with international human rights standards and best practices – is of significant importance,” she added.
The Deputy High Commissioner said she was also encouraged by the decision by parliament to instruct the Government to proceed with the ratification of the Rome Statute, the legal instrument that created the International Criminal Court (ICC).
http://www.un.org/apps/news/story.asp?NewsID=38151&Cr=nepal&Cr1=
UN urges Nepal to punish war crimes, increase women's rights
Julia Zebley at 8:36 AM ET
[JURIST] UN Deputy High Commissioner for Human Rights Kyung-wha Kang [official profile] spoke Tuesday to the Constituent Assembly of Nepal (CA) [official website] about several human rights issues in the country, including a reluctance to prosecute war crimes and insufficient progress increasing women's rights [texts, PDF]. The Office of the High Commissioner for Human Rights (OHCHR) and Human Rights Watch (HRW) [JURIST reports] have both previously appealed to the government of Nepal [BBC backgrounder] to investigate human rights violations allegedly committed during its civil war. Among Kang's recommendations were to establish a Disappearances Commission and a Truth and Reconciliation Commission to investigate allegations of disappearance, torture and other crimes:
Post-conflict amnesties cannot be granted to prevent prosecution of egregious human rights violations, including through pardons or the withdrawal of criminal charges. Transitional justice, and criminal justice, should work in a complementary fashion. In this regard, there are a number of cases currently pending in Nepal, for which police investigations, and judicial proceedings, should continue regardless of the fact the establishment of transitional justice mechanisms remains a priority. It is deeply troubling that to date in Nepal no-one has been held accountable for crimes committed during the conflict. Criminal investigations have not moved forward, some perpetrators have even been promoted, and little action has been taken to address and redress the grievance of the victims.
Although Kang was pleased that Nepal is considering criminalizing untouchability practices, she decried that "a number of current draft provisions do not protect basic rights, such as the right to equality. Here, I note particularly gender-based discrimination ... and inadequate respect for the rights of non-citizens." Kang and others are reportedly considering extending [Himalayan Times] the OHCHR-Nepal [official website] presence in the country for two additional years.
The decade-long Maoist guerrilla insurgency that left more than 13,000 people dead ended [JURIST report] in late 2006 when the Nepalese government signed a peace agreement that established the CA. In November, the CA announced it will finish drafting a new constitution [JURIST report] within 18 months. Last May, the CA voted to abolish the monarchy [JURIST report], giving King Gyanendera 15 days to abandon his royal palace, which cleared the way for Maoists to serve in government. As part of the peace accord, the CA was elected [JURIST report] in April 2008, an organization dominated by members of the Communist Party of Nepal - Maoists (CPN-M) [party website].
http://jurist.org/paperchase/2011/04/un-urges-nepal-to-punish-war-crimes-increase-womens-rights.php?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+pitt%2FvLdl+%28JURIST+-+Paper+Chase+%5Bfull%5D%29
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