Nepal - International Commission of Jurists Urges Strengthening of Human Rights Provisions

The International Commission of Jurists (ICJ) in Nepal today sent a letter to the Rt. Honourable Subas Nembang, Chairperson of the Constituent Assembly, welcoming the important step taken by the Fundamental Rights Committee towards constitutionally guaranteeing fundamental rights in Nepal. The Committee's recommendations were submitted to Chairperson Nembang on 13 November 2009. The CA members will now consider these provisions over the next five days before the text will be submitted to the 15-member Report and Draft Texts Study Committee.

Nepal - Authorities must provide justice for torture and murder of 15-year-old Maina Sunuwar

International and local human rights organisations have today urged the Nepali authorities to stop obstructing criminal proceedings over the alleged torture and murder of 15-year-old Maina Sunuwar by four army officers.

Nepal - ICJ urges the Government and Nepal Army to respect civilian jurisdiction in the case of Maina Sunuwar

The ICJ today urged action by the Government to ensure respect for civilian jurisdiction in the Maina Sunuwar case. The Nepal Army has acknowledged that Maina Sunuwar died following prolonged torture at the Nepal Army's Birendra Peacekeeping Training Centre in Panchakhal on 17 February 2004. However, it has refused to recognize civilian court jurisdiction as established by the Supreme Court's September 2007 decision, and to surrender Major Niranjan Basnet to the Kavre District Court pursuant to a 31 January 2008 arrest warrant.

Nepal - International Commission of Jurists concerned that Nepal Army obstructing justice

The International Commission of Jurists (ICJ) urged the Government of Nepal to produce Major Niranjan Basnet before Khavre District Court to face charges related to his alleged involvement in the enforced disappearance, torture, and unlawful killing of 15-year-old Maina Sunuwar on 17 February 2004.

Nepal - The ICJ Calls on the Government of Nepal to Arrest Army Officer Accused of Enforced Disappearance, Torture and Killing

The International Commission of Jurists (ICJ) today urged the Government of Nepal to demonstrate its commitment to ending impunity by arresting Major Niranjan Basnet upon his return from a UN peacekeeping mission in Chad. Major Basnet is one of four Nepal Army officials accused in the enforced disappearance, torture and killing of Maina Sunuwar on 17 February 2004. Maina Sunuwar's body was exhumed in March 2007 from its clandestine burial site at the Nepal Army Birendra Peace Operations Training Centre in Panchkhal.

Nepal - International Commission of Jurists Sends Letter to the Prime Minister of Nepal

On Tuesday, December 1, 2009, the International Commission of Jurists (ICJ) sent a letter to the Prime Minister of Nepal, Madhav Kumar Nepal, urging the Government to suspend the promotion of Major General Toran Bahadur Singh until a credible, impartial and independent investigation is conducted into his alleged responsibility for systematic violations of human rights and humanitarian law committed by military units under his command, especially during the civil conflict in 2003‐4.

Nepal - Joint Memorandum on the Disappearances of Persons (Crime and Punishment) Bill

This Memorandum, submitted by Accountability Watch Committee, Advocacy Forum Nepal, Amnesty International, Asian Federation Against Involuntary Disappearances, Human Rights Watch, International Center for Transitional Justice, International Commission of Jurists and Informal Sector Service Centre to the government of Nepal, includes some comments and recommendations on the latest draft of the Disappearances of Persons (Crime and Punishment) Bill 2066 (hereinafter the Bill). The organizations welcome the opportunity to comment on the draft and look forward to a constructive dialogue with the government of Nepal.

Nepal - NATIONAL SECURITY LAWS AND HUMAN RIGHTS IMPLICATIONS

Nepal's security legislation, including related provisions of the Interim Constitution, criminal law and procedures, and security practices are outdated and contradict a number of international human rights standards to which Nepal is a party. The legislative deficiencies, weakness of law enforcement agencies and delays in security sector reforms, have prevented the establishment of credible justice and security sector institutions in Nepal. These weaknesses continue to perpetuate a climate of impunity, deepen the security vacuum, and debilitate the rule of law. The ICJ report discusses the security sector reforms, in conformity with international human rights treaties to which Nepal is a party, necessary to a sustainable peace process and strengthening the rule of law

Nepal - ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND THE NEW CONSTITUTION OF NEPAL

Centuries of entrenched practices of discrimination and exclusion of disadvantaged groups in Nepal have led to a demand to bring about greater inclusion, and ensure greater justice through a human rights framework. These aspirations of Nepali people were voiced during the Jana Andolan II, as well as were reflected in the Comprehensive Peace Agreement 2006, and the Interim Constitution 2007. ICJ report discusses the advantages of constitutionalisation of economic, social and cultural rights as fundamental rights in the highest law of the land, thereby upholding its commitment to realizing all human rights of all Nepali people, as well as serve as an effective means to ensure social justice for all Nepali people.

Nepal - ICJ calls for amendments to Bill on Disappearances to address the Past and Securing the Future

The International Commission of Jurists (ICJ) has released a letter to the Peace Minster urging the Government of Nepal to strengthen the proposed Bill on Crime and Punishment of Disappearances in order to bring it into line with International Human Rights standards, the June 1, 2007 directives of the Supreme Court of Nepal, and international best practices.

Nepal - After Two Years, Government Still in Non-Compliance with Supreme Court Order on Enforced Disappearance

The International Commission of Jurists (ICJ) is concerned by the Government of Nepal's failure to enact legislation in the present parliamentary session of the Constituent Assembly (CA) that would criminalize the practice of enforced disappearances, investigate past cases, prosecute the perpetrators and provide reparation to victims in accordance with the landmark Supreme Court ruling on June 1, 2007.

Nepal - ICJ calls for amendments to Ordinance on Disappearances to Ensure Human Rights

The systematic practice of enforced disappearances during Nepal's civil war was among the worst anywhere in the world. The whereabouts of more than 1,000 people are still unknown. To date not a single perpetrator of past human rights violations has been brought to justice and impunity remains widespread. The Government has taken a crucial step by introducing a law to address the problem of enforced disappearances. The Ordinance, promulgated by the President on 12 February 2009, criminalizes the act of enforced disappearance, establishes a commission to investigate past cases from 1996 to 2006, and provides for prosecution of perpetrators and reparations for victims. However, these positive steps could be undermined by the failure of certain provisions to meet international human rights standards. The ICJ paper reviews international law and best practices on enforced disappearances and makes a number of recommendations to improve specific provisions of the Nepali law in key areas and to strengthen the independence and effectiveness of the Commission on Disappearances.

Nepal - Government Should Allow Parliament to Debate

The International Commission of Jurists (ICJ) urges the Government of Nepal to ensure that legislation on Disappearances (Crime and Punishment) and Truth and Reconciliation are adopted through regular democratic process and not by executive ordinance. The ICJ also reiterated that adoption of such legislation should follow broad based national consultation and should fulfil Nepal's human rights obligations

Nepal - Government Should Allow Parliament to Debate

The International Commission of Jurists (ICJ) urges the Government of Nepal to ensure that legislation on Disappearances (Crime and Punishment) and Truth and Reconciliation are adopted through regular democratic process and not by executive ordinance. The ICJ also reiterated that adoption of such legislation should follow broad based national consultation and should fulfil Nepal's human rights obligations.

Nepal - "New Bill on Enforced Disappearances proposed by Government of Nepal fails to meet human rights obligations."

"On 25 November 2008, the International Commission of Jurists (ICJ) released a letter welcoming the Government of Nepal's initiative in drafting the Bill on Disappearances (Crime and Punishment) Act, 2065, but also urging the Constituent Assembly to adopt a series of amendments to ensure compliance with human rights obligations. The proposed Disappearances Bill would criminalize the act of enforced disappearance, establish a commission to investigate past cases from 1996-2006, and provide for prosecution of perpetrators and reparations for victims. However, these laudable steps could be undermined in practice by weaknesses in certain provisions.