Thirty-nine various human rights organisations have called for rectifying the 'lapses' in the Bill for the Amendment of the Investigation of Enforced Disappeared Persons, Truth and Reconciliation Commission Act, 2071 (2014) that the Government of Nepal registered in the parliament on 15 July 2022.
These human rights organisations have also expressed full solidarity with the 'valid and serious concerns' expressed by the victims’ community on the Bill.
"We believe that despite positive provisions including reparations, the amendment Bill contains many provisions that violate the victim’s right to an effective remedy. Amnesty to those involved in serious violations of human rights and international crimes including murder, torture, rape, and other forms of serious sexual violence, war crimes, and crimes against humanity is not acceptable under national and international law.
Thus, the categorization of violations in the Bill is not acceptable. Earnest effort is required from the Government and the political parties to prevent explicit or implicit immunity from criminal accountability for those involved in serious violations of human rights and intentional crimes," the 39 human rights organisations said in a joint press release.
They called on the Ministry to re-work on the Bill to ensure that the Bill complies with national, international law and the decisions of the Supreme Court of Nepal, and the aspirations expressed by victims during the consultations with the sovereign institution of the people's representatives. Similarly, the Federal Parliament is urged not to pass the Bill as the law without ensuring that the Bill does not violate national and international law and aspiration of victims while the political parties of Nepal have been urged to play constructive roles helping parliament to pass the law following inclusive process while the UN and Nepal’s international development partners are urged not to legitimatize and support any process that undermines international law and further impunity in Nepal.
Among the 39 organisations issuing the joint press release include the Accountability Watch Committee (AWC), Advocacy Forum Nepal, Alliance for Social Dialogue, Amnesty International Nepal, Blue Diamond Society- Nepal, Centre for Legal Studies, Civil Rights Association Nepal, Collective Campaign for Peace, Conflict Victim Women National Network (CVWNN), Conflict Victims’ Common Platform (CVCP), Conflict Victims’ National Alliance (CVNA), Conflict Victims’ Society for Justice (CVSJ), Democratic Freedom and Human Rights Institute (DFHRI), Discharged People’s Liberation Army Nepal (D-PLAN), Informal Sector Service Centre (INSEC), Forum for Restorative Justice, National Network of Disabled Conflict Victims, National Network of Families of Disappeared (NEFAD) and the National Network of Families of Disappeared (NEFAD).