Nepal: failure to implement UN review recommendations

The ICJ today highlighted Nepal’s failure to implement recommendations accepted under its Universal Periodic Review, at the United Nations.The statement was made during General Debate on the Universal Periodic Review, at the UN Human Rights Council in Geneva. The statement read as follows:

“The UPR can help ensure that States comply with international human rights standards, but only if accepted recommendations are in fact implemented. Lack of follow-up on States’ implementation after adoption of UPR outcomes allows States to disregard their UPR commitments, undermining the mechanism, as is illustrated by the example of Nepal.

More than two years after its last review, the Government has still not implemented accepted recommendations related to transitional justice and accountability for past human rights violations.

Of particular concern is the continuing failure of the Government to establish credible transitional justice mechanisms to effectively address past human rights violations.

The Truth and Reconciliation Commission and Commission on Investigation of Disappeared Persons continue to fall short of international standards, both in constitution and operation.

The recently published draft bill on transitional justice provides for short-term community service as an alternative punishment for perpetrators convicted of international crimes, including torture and enforced disappearance. Such manifestly inadequate punishment would constitute a form of impunity.

Furthermore, the establishment of a special court under the bill will not be effective unless crimes such as torture, enforced disappearance, war crimes and crimes against humanity are criminalized in national law in accordance with international standards.

The ICJ urges the Council to adopt measures to ensure effective implementation of accepted UPR recommendations.”

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