Nov 19, 2016 | Advocacy
Ten years after the Comprehensive Peace Accord (CPA) ended Nepal’s bloody civil war, Nepali authorities must renew their commitment to ensure truth, justice and reparation for victims of the conflict who are still waiting for redress, the ICJ said today.
The CPA, signed by the Government of Nepal and the country’s major political parties, including the then Communist Party of Nepal (Maoist) on 21 November 2006, called for a credible transitional justice process that would ensure victims’ rights to truth, justice, reparation and effective remedy in accordance with Nepal’s international human rights obligations.
“The hope and promise to conflict victims towards fulfillment of their rights to truth, justice and reparation that came with the signing of the CPA and the end of the conflict ten years ago have yet to be realized,” said Sam Zarifi, ICJ Asia director.
“Over the last ten years, various governments from all the different parties have blocked or hindered the transitional justice process, ignoring rulings by the Supreme Court that demanded compliance with international law and standards,” he added.
The full statement can be downloaded here:
nepal-statement-cpa-anniversary-advocacy-2016-eng (full text in PDF)
Jun 3, 2016
IV. Main areas of concern and recommendations D. Civil rights and freedoms (arts. 7, 8 and 13-17) Nationality 26. The Committee is concerned about the hindrances experienced by many children to obtaining Nepalese nationality. It is especially concerned that: (a)...
May 13, 2016 | News
Nepal’s leading political parties should not bargain away justice for victims of serious human rights abuses as part of an agreement to form a new coalition government, the ICJ, Human Rights Watch, and Amnesty International said today.
A new agreement between the ruling parties threatens to entrench impunity for those who planned and carried out killings, enforced disappearances, torture, and other crimes in Nepal’s civil war, just as the country’s long delayed transitional justice process is finally about to get under way.
On May 5, 2016, presumably in a bid to retain the support of the United Communist Party of Nepal (Maoist) (UCPN-M) for the Communist Party of Nepal-Unified Marxist Leninist (CPN-UML) coalition government of Prime Minister K.P. Sharma Oli, the two ruling coalition partners agreed to a nine-point deal containing provisions that aim to shield perpetrators of abuses in Nepal’s decade-long civil war.
Provision 7, which directs the authorities to withdraw all wartime cases before the courts and to provide amnesty to alleged perpetrators, is particularly problematic.
“This political deal between the ruling parties is extremely damaging to the credibility of an already deeply politicized and flawed transitional justice process in the eyes of Nepal’s victims,” said Sam Zarifi, ICJ Asia-Pacific Director.
“Moreover, it flies in the face of Nepal’s international human rights obligations and the rulings of its own Supreme Court by trying to wash away the crimes of the conflict by attempting to coopt pending criminal cases and provide blanket amnesty to alleged perpetrators,” he added.
The Supreme Court of Nepal has in several instances reaffirmed the principle under international law that amnesties are impermissible for serious international crimes.
However, Nepal authorities have consistently ignored the orders from the country’s highest court.
Nepal has an obligation under international law to investigate and, where sufficient evidence exists, prosecute crimes under international law, including torture and other ill-treatment, enforced disappearance, extrajudicial executions, war crimes, and crimes against humanity.
Article 2 of the International Covenant on Civil and Political Rights (ICCPR) and Article 14 of the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT) – both treaties to which Nepal is a party – require states to ensure the right to an effective remedy and reparation for victims of human rights violations.
“The political deal by the ruling parties to grant amnesty to those responsible for conflict-era human rights abuses is a callous attempt to disregard Nepal’s international treaty obligations by violating victims’ right to an effective remedy,” said Brad Adams, Asia Director at Human Rights Watch. “Nepal’s political deal jeopardizes the war victims’ last best hope for justice and accountability.”
The applicability of this international obligation under Nepali law was reaffirmed by the Nepal Supreme Court in its 2015 decision in the Suman Adhikari case, striking down provisions of the Investigation of Disappeared Persons, Truth and Reconciliation Commission Act, 2014 (TRC Act) that it ruled were inconsistent with international law and ordering the government to amend the TRC Act, the May 2014 legislation creating the two transitional justice mechanisms, the Commission on Investigation of Disappeared Persons (COID) and the Truth and Reconciliation Commission (TRC).
The Supreme Court ruled in the same decision that criminal cases already before the judiciary could not be transferred to the two commissions, confirming that the judiciary and not the commissions had the authority to determine the criminality of conflict-era human rights violations.
“Nepal’s ruling parties cannot bargain away victims’ rights to truth, justice, and reparation by using the commissions as a substitute for their legal obligations to investigate and prosecute human rights abuses through the criminal justice system,” said Champa Patel, South Asia Regional Office Director at Amnesty International.
The ICJ, Human Rights Watch, and Amnesty International, along with Nepali civil society, victims’ groups, the United Nations, and the international diplomatic community, have consistently called for the Nepal government to amend the TRC Act in line with Nepal’s international obligations as well as the Supreme Court’s jurisprudence, in order to ensure a credible transitional justice process that safeguards victims’ rights and conforms to rule of law principles.
In a flagrant display of deliberate disregard for the rule of law, however, the ruling parties’ deal to amend the TRC Act by attempting to reinforce the same amnesty provision that has been repeatedly struck down by the Supreme Court ignores both the country’s international legal obligations and the binding judgments of its own apex court, and further threatens the prospects for post-war justice and accountability in Nepal.
The ICJ, Human Rights Watch, and Amnesty International therefore call upon the Nepal government to take immediate and effective steps to safeguard victims’ rights to truth, justice, and reparation through a credible transitional justice process that is free of any political interference or any forms of pressure or intimidation.
Contact
Sam Zarifi, ICJ Asia-Pacific Director, t: +66-807-819-002; e: sam.zarifi(a)icj.org
Nikhil Narayan, ICJ Senior Legal Adviser, t: +977-981-318-7821 (mobile); e: nikhil.narayan(a)icj.org
Apr 15, 2016 | News
The Nepal government should immediately stop all intimidation and harassment of the National Human Rights Commission (NHRC) and its staff and respect its independence in line with international standards, the ICJ and other rights groups said today.
The attempts to intimidate the NHRC are a direct contradiction of the United Nation’s Principles relating to the Status of National Institutions (the Paris Principles) as well as Nepal’s constitution, the ICJ Amnesty International and Human Rights Watch said.
According to the commissioners and confirmed by independent media accounts, on April 3, 2016, Prime Minister K.P. Sharma Oli summoned the National Human Rights Commission chair, Anup Raj Sharma, and other commissioners to question them about the NHRC’s statement delivered by Commissioner Mohna Ansari during the Universal Periodic Review (UPR) of the human rights situation in Nepal before the UN Human Rights Council in Geneva in March.
In its statement, the commission highlighted various ongoing human rights concerns, including discriminatory citizenship provisions in the new constitution, the continued failure to properly investigate alleged unlawful killings and excessive use of force during protests in the Terai region in 2015, violations of the economic, social, and cultural rights of earthquake victims (photo), and the need for credible transitional justice for conflict victims.
“As the principal independent constitutional body mandated to promote and protect human rights in the country, the NHRC plays a vital role in ensuring governmental accountability, and was well within its authority under both the Nepali Constitution and international standards when it delivered its submission to the UN Human Rights Council during the UPR,” said Nikhil Narayan, ICJ’s South Asia Senior Legal Adviser.
“The PM’s blatant attempt to intimidate the NHRC members for that submission is a flagrant violation of the government’s basic obligation to ensure the NHRC’s ability to carry out its work independently and without undue interference,” he added.
While it is entirely appropriate for the prime minister, like other stakeholders, to consult with the NHRC, such exchanges should be conducted with due respect for the legitimate exercise of the institution’s constitutional mandate, independently and free of undue interference or intimidation, the rights organizations said.
NHRC members present at the meeting uniformly expressed the sentiment that Oli, through his aggressive questioning and reprimanding of the commissioners over the contents of certain sections of its submission, was trying to intimidate the commission and in particular Commissioner Ansari, at whom the questioning appeared exclusively directed.
“The line and manner of questioning, including insinuations of bias and a lack of neutrality, particularly those aimed at Commissioner Ansari, the public face of the NHRC in Geneva, revealed an intent not of clarification, but intimidation that seeks to limit the role and effectiveness of the NHRC,” said Champa Patel, director of the South Asia Regional Office at Amnesty International.
Based on media accounts, discussions between the commissioners and the prime minister reflected an apparent attempt by the prime minister to discredit the commission’s statement by portraying it as the personal views of Commissioner Ansari alone or those of a nongovernmental organization.
Sharma promptly rebutted this characterization in a public statement on April 10, clarifying that “the statement delivered by NHRC Spokesperson Ansari at the UPR session was that of the commission and not her own,” and that “[i]mpunity has affected the overall promotion and protection of human rights.”
Amnesty International, Human Rights Watch, and the ICJ have consistently and repeatedly highlighted rights concerns similar to those the commission expressed in its UPR submission. The prime minister and government of Nepal should implement without delay the commission’s recommendations concerning discriminatory constitutional provisions, impunity for perpetrators of Terai violence on all sides, ensuring justice in the process of transition, and protecting the rights of earthquake victims.
The prime minister and the government of Nepal must publicly state that they will respect and guarantee the independence and integrity of the National Human Rights Commission, as the principal constitutionally mandated human rights body in the country, in accordance with international standards.
“The prime minister overstepped his authority, and his attempts to intimidate and intervene in the work of the NHRC contravene the Paris Principles, which clearly provide for the establishment of autonomous and independent institutions,” said Meenakshi Ganguly, South Asia director at Human Rights Watch. “The prime minister seems unwilling to recognize that the NHRC acts independently and is not an arm of the executive, subject to governmental dictates.”
Contact:
Nikhil Narayan, ICJ’s South Asia Senior Legal Adviser, t: +97-7-981-318-7821 ; e: nikhil.narayan(a)icj.org
Sam Zarifi, ICJ’s Asia Director, t: +66-807-819-002 ; e: sam.zarifi(a)icj.org
Additional information:
The Paris Principles set out internationally agreed upon standards designed to guide the work of national human rights institutions in a credible, independent and, effective manner. Crucially, the Paris Principles define the role, composition, status, and functions of these bodies, which include engaging with the UN and regional institutions and states’ obligation to ensure their real independence through a broad mandate, adequate funding, and an inclusive and transparent appointment process.
Furthermore, the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Declaration on Human Rights Defenders) reaffirms the right of human rights defenders and institutions to advocate for human rights at the national and international level, including by engaging with the UN and other intergovernmental organizations.
Mar 16, 2016 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement to the UN Human Rights Council, on the Universal Periodic Review of Nepal.
“The ICJ is concerned that the Government of Nepal has yet to implement many of the recommendations it accepted during the first UPR cycle, including several that reflect its international legal obligations regarding the new Constitution, investigation and prosecution of serious crimes, and establishment of credible transitional justice mechanisms.
The police continue to refuse to investigate conflict-era cases even when explicitly ordered by courts to do so. The transitional justice commissions do not enjoy the support of the victims and human right organizations, a year into their two-year mandate. Victims’ rights to truth, justice and reparation are not being respected, protected and fulfilled.
More than 59 persons, including 10 police personnel, were killed during recent protests, but as yet we are not aware of any impartial and effective investigation of the killings.
Many serious crimes under international law, including torture and enforced disappearance, still are not recognised as crimes under the Nepali penal code.
The ICJ therefore calls upon the Government to reconsider its position, and to accept and implement the UPR recommendations arising from this cycle, relevant to:
- Strengthening the constitutional protection of human rights;
- Amending the Truth and Reconciliation Commission Act, 2014, in line with international standards and Supreme Court orders;
- Establishing a credible transitional justice process;
- Preventing, investigating, and responding effectively to any use of excessive force by security forces;
- Ensuring prompt, independent and impartial investigations and, prosecution in cases of unlawful killings, whether the perpetrators are security forces or protesters;
- Amending the Penal Code to explicitly incorporate serious crimes under international law; and
- Ratifying relevant treaties, and accepting requests for visits of the Working Group on Enforced Disappearances, and Special Rapporteur on the right to truth.”
A more detailed written statement may be downloaded in PDF format here: HRC31-Advocacy-WrittenStatement-Nepal-2016
