In a recent report issued by the United Nations’ Human Rights watchdog, United Nations experts have raised serious concerns about a bill to amend Nepal’s transitional justice law. The proposed amendment, if enacted, would have significant implications for addressing accountability for grave crimes committed during the 1996-2006 conflict period.
The bill has drawn criticism for its potential to hinder the investigation and prosecution of heinous offenses such as rape, murder, torture, war crimes, and crimes against humanity that occurred during the conflict. Notably, United Nations experts have asserted that this proposed law would not only contravene Nepal’s international legal obligations but also violate the rulings of the country’s Supreme Court.
Nepal has been grappling with a prolonged struggle for truth and accountability, with a risk of setbacks that could span years if the bill is passed in its current form. The nation currently hosts two transitional justice bodies, established in 2015, which have received over 60,000 complaints related to the conflict. Despite these complaints, not a single investigation has been successfully completed. This stagnation stems from a 2015 Supreme Court decision that invalidated key provisions of the transitional justice law, particularly concerning broad amnesty provisions.
The proposed bill, currently under consideration in Nepal’s parliament, seeks to reignite the transitional justice process through legislative amendments. While there are certain positive aspects in the bill, such as examining the root causes of the conflict and ensuring victims’ right to reparation, the UN experts caution against its adoption due to its potential to undermine international human rights obligations and the authority of the Supreme Court.
The bill’s provisions expand the scope of amnesties to cover various offenses, including those that are ineligible for amnesty under international law. Of particular concern is the exclusion of individuals who were members of armed entities from being categorized as victims of rape, along with a two-year statute of limitations for rape complaints. Additionally, the bill could shield individuals from prosecution for enforced disappearances, despite such disappearances only becoming illegal under Nepali law in 2018. Shockingly, there are currently 480 cases of enforced disappearances that remain unresolved according to the UN working group.
Furthermore, the proposed bill raises apprehensions about the impartiality and independence of the judiciary, as highlighted by the UN experts. Decades of impunity have eroded the rule of law and weakened governance structures in Nepal. Victims of past atrocities are desperately seeking truth, justice, and reparations, while the government aims to bring closure to the peace process. However, the bill’s potential passage without addressing its inherent weaknesses could prove detrimental to these critical causes.
In conclusion, the UN experts’ assessment of the proposed transitional justice law amendment underscores the need for a balanced and comprehensive approach that upholds Nepal’s international obligations, respects the Supreme Court’s rulings, and ensures justice for victims of past atrocities. The fate of this bill holds significant implications for Nepal’s journey towards reconciliation, accountability, and a stronger rule of law.
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