Kathmandu, Nepal, May 1, 2020: The four human right organizations- Amnesty International, TRIAL International, International Commission of Jurists (ICJ), and Human Rights Watch- have urged the government to revise the 2014 Transitional Justice (TJ) Act in line with Supreme Court ruling so as to ensure its implementation in accordance with the Supreme Court's judgments and to assure access to justice for the victims of conflict-era abuses.
The four international rights bodies, which have repeatedly been expressing concerns over the faltering transitional justice process of the country, have called upon the government to this effect through a press release on Friday.
The human right organizations have reiterated their long standing concerns with reference to the demanded lodged by the government to review Supreme Court’s ruling made in 2015 against amnesty to people accused of grave conflict-era crimes.
In the latest ruling, the Supreme Court had also upheld the principle that there can be no amnesty for those suspected of criminal responsibility for crimes under international law and human rights violations.
‘The request filed by the Nepal government to review the decision of the Supreme Court was another attempt to evade accountability for mass human rights violations,’ stats the press release quoting to Cristina Cariello, the Head of Nepal Program at TRIAL International, ‘we are delighted that the Supreme Court held its ground and reaffirmed the importance of fair and efficient transitional justice mechanisms.’
The statement has also quoted the statement of the South Asia director at Amnesty International, Biraj Patnaik that the government should immediately amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014 in line with the Supreme Court's orders and its own international obligations.
‘As this petition cynically sought to have the court undermine its own judgment, so that the government could sidestep its responsibility to provide accountability for conflict-related human rights violations, the government has no excuse for not immediately amending the transitional justice legal framework so that it is consistent with the court's jurisprudence and Nepal's international legal obligations,’ states the press release that quots Frederick Rawski, ICJ Asia Pacific Director.
Reminding to the government for its permission to uphold its human rights obligations during election to the United Nations Human Rights Council, Meenakshi Ganguly, South Asia director at Human Rights Watch, has stated that there has been nothing but impunity and evasion on transitional justice. ‘These are crimes under international law, subject to universal jurisdiction, and if justice is denied at home, victims may take their cases abroad, reads the statement.
