Nepal dealing with the past
Wednesday, April 20, 2011
AF-REDRESS SUBMIT KEY RECOMMENDATIONS VIS-À-VIS PROPOSED CRIMINAL CODE
“The draft criminal code has many improvements on the Muluki Ain, which we welcome. Given a country changes its key statutes like these only once in a lifetime, it would be a big missed opportunity if the shortcomings in the bills are not addressed before they become law,” AF's executive director Mandira Sharma said.
“As organisations active in protecting human rights, both Advocacy Forum and REDRESS know it is important that we ensure this legislation does not pass without protecting such Rights", Carla Ferstman of REDRESS said.
The submissions included "Summary of Key Recommendations", "Fair Trial Perspectives", "Disappearance Perspectives" and "Sexual Violence Perspectives".
http://www.advocacyforum.org/news/2011/04/af-redress-submit-key-recommendations.php
Apex court intervention sought
HIMALAYAN NEWS SERVICE
KATHMANDU: Two Maoist-victims today moved the Supreme Court demanding its order to empower police and prosecutors to continue their authority to punish criminals who had committed crimes during the decade-long Maoist conflict.
Fadindra Luitel, son of late Guru Prasad Luitel and Suman Adhikary, son of late Mukti Nath Adhikary, jointly filed a petition demanding apex court order to continue police prosecution.
Teachers Guru Prasad and Mukti Nath were murdered hineously after they refused to give the donation demanded by then CPN-Maoist cadres in 2005.
The petitioners claimed that it would be injustice to victims like them if the apex court weakens the existing mechanism by giving in to the demand of Maoist Constituent Assembly member Keshav Rai.
They said, if this happens they would lose hope of justice from the Truth and Reconciliation Commission because its formation was uncertain.
http://www.thehimalayantimes.com/rssReference.php?headline=Apex+court++intervention+sought&NewsID=284690
Nepal: UN human rights official urges creation of justice and reconciliation commissions
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
http://www.speroforum.com/a/52513/Nepal-UN-human-rights-official-urges-creation-of-justice-and-reconciliation-commissions?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+speroforum%2Fnroq+%28Spero+News%29
Not a single war crime punished in Nepal, rues UN
By Sudeshna Sarkar | IANS – Tue, Apr 19, 2011 7:09 PM IST
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
Saturday, April 16, 2011
More power for district‚ appellate courts - Detail News
More power for district‚ appellate courts
HIMALAYAN NEWS SERVICE
KATHMANDU: In a bid to ensure easy access to justice, the Parliament has amended some Acts related to judicial administration, entrusting the habeas corpus writ jurisdiction
to district courts and leaving entire writ jurisdiction to appellate courts.
The amendments of the Acts published in the Nepal Gazette come into effect today.
The amended Section 16(1) of the Civil Rights Act states: “Any arrested person or detainee can file a habeas corpus writ in district or appellate court oneself or through any other person.” Earlier, the jurisdiction had been exercised by the SC and appellate courts.
The House had acted on the report of jurisdiction review commission headed by Acting CJ Khil Raj Regmi. He had recommended the government to expand the jurisdiction of lower courts to ensure easy access to justice for people against illegal detention by local authorities, including CDO and district police chief.
In a recent interview with THT, Chief Justice-designate Regmi had said he would focus on devolving the apex court authority to ensure easy access to justice.
“This new move would ease work load of the apex court,” Hemanta Rawal, assistant spokesperson, SC, told THT
As per the amendment in the Judicial Administration Act, 1991, the appellate courts have been empowered as the final arbitrator on petty cases – imprisonment up to three years, fine up to Rs 25,000, and cases related to decision on principal amount of Rs 50,000.
“Now the government must focus on how to empower the government attorneys,” said Attorney General Dr Yuba Raj Sangroula.
Groups to press for pro-women statute
HIMALAYAN NEWS SERVICE
KATHMANDU: About seven groups including 35 women rights NGOs are organising protest programmes to pressurise Constituent Assembly to draft a women-friendly constitution.
They plan to organise two-hour sit-in before CA demanding full-fledged rights for women from April 16 to May 30. They are also organising 12-hour sit-in from May 15 to May 28 before CA under the slogan ‘Let’s go to Kathmandu from Baisakh 1 to pressurise in drafting constitution on time’.
Dr Renu Rajbhandari, chairperson of Women Rehabilitation Centre, said CA members are not serious about welfare of the country and are fighting for political power.
She accused that the CA members are not serious about forming Truth and Reconciliation Commission and commission on disappeared people for justice.
In the absence of such commissions, human rights violators are moving freely in the society with impunity. She further accused the CA of ignoring state restructuring and economical progress of the country. Dr Rajbhandari added that the government and Maoist are not serious towards army integration and blamed the political parties of vested interests.
“The country is unable to address the problem of conflict-affected women and there is no representation of women in army integration committees,” added the chairperson.
Addressing a press conference, she added that they would continue their protest programme until the country drafts the new constitution.
Rita Thapa, coordinator of Women’s Alliance for Peace, Power, Democracy and Constituent Assembly, said the government is unable to ensure 33 per cent representation of women although government expressed its commitment.
She added that they are organising the programme to protect country against violence.
The programme is dedicated for social justice, equality, peace and proportional representation of women in every sector, added Thapa.
http://www.thehimalayantimes.com/rssReference.php?headline=Groups+to+press+for+pro-women+statute&NewsID=284175
Wednesday, April 13, 2011
SC seeks govt response on TRC
http://www.ekantipur.com/2011/04/13/top-story/sc-seeks-govt-response-on-trc/332466.html
SC notice to govt on TRC
COURT DECIDES IN FAVOUR OF TORTURE VICTIM
11 April 2011. The District Court of Bardiya issued an order on 6 April, 2011, to award compensation amounting NRs 50,000/- to torture survivor Chinku Tharu and departmental action against the perpetrator involved.
With legal assistance of Advocacy Forum, the Victim had filed a Torture Compensation Case (TCA) on 21 June, 2009.
Details of conflict-hit being collected | Concerns over Peace Committee berth to murder accused | Insurgency victims deprive of relief
Details of conflict-hit being collected
The details of the insurgency victims are being prepared by forming different peace committees at the local level as records of the conflict-hit people were missed in the past as well. The committees are collecting the records of the victims, displaced and abducted people including the destroyed public property during the decade long conflict.
Concerns over Peace Committee berth to murder accused
Adhikari, the principal of Lamjung-based Panini Sanskrit School, was brutally killed by a group of Maoists after abducting him from the school premises nine years ago.
Issuing a statement, AWC Chairman Sushil Pyakurel accused the government of backing impunity by rewarding the murder accused by picking up him at the Peace Committee a day after the victim’s family filed a case against him at the District Police Office.
Adhkari’s widow filed the case against four including Poudel, Jita, Sadhuram alias Prabhuram Ghimire of Bhorletar and Dhruba Adhikari of Kaski last week.
The AWC urged the government to look into the case and not to reward the ones accused of human rights violations.
In the case, Indira has mentioned the incident of January 16, 2002, when Muktinath was accosted by a group of Maoist cadres led by Devendra, Sadhuram and Dhruba in the class before he was taken to Duradanda and murdered.