UCPN (Maoist) objects to curbs on commissions’ jurisdiction

10 Mar 2015, Kathmandu - The UCPN (Maoist) on Monday objected to a recent verdict of the Supreme Court that prohibits the Commissions of Inquiry on Truth and Reconciliation (TRC), and Enforced Disappearances from looking into cases sub judice in court.

The former rebel party said that all war-era cases should be handed over to the newly formed commissions.

The SC, on February 27, had given a verdict that cases sub judice in court cannot be

dealt by the TRC as they fall under the purview of the court.

Organising a press conference, Prabhu Sah, head of the party’s legal department, said that the Maoists would take up this issue with the ruling parties in cross-party negotiations. He said that the order should be corrected. He argued that Parliament can correct the SC verdict if there is the need for it.

The main opposition party has been saying that it is not in favour of blanket amnesty but the transitional justice mechanism should give a message of reconciliation in society.

The TRC chairman and members have welcomed the SC verdict saying that their jurisdiction has now been clear.

The party that waged a 10-year insurgency said that as per the spirit of the Comprehensive Peace Agreement, all the war-era cases should be dealt by

the TRC and the regular court should not take up those issues.

“If war-era cases are dealt in piecemeal, it would drive the country back to another conflict. The spirit of the CPA is reconciliation in society,” said Sah. He informed that Maoist Chairman Pushpa Kamal Dahal and senior leaders Baburam Bhattarai and Narayan Kaji Shrestha are in discussion seeking ways to deal with war-era cases.

The SC in its verdict maintained that the provision of amnesty in the TRC law is against the established principles of justice, constitutional provision, international law and its earlier order. On less serious crimes where amnesty is permissible, the court has made it mandatory to take consent of the victims.

UN High Commissioner for Human Rights Zeid Raad Al Hussein on Thursday welcomed the apex court decision to strike down a clause giving the commissions power to recommend amnesty for serious human rights violations committed during the insurgency period.

Earlier, the commissions could recommend amnesty to perpetrators if deemed reasonable, except in cases of rape and grave rights violations. The decision has barred the commissions from initiating reconciliation on their own without victims’ consent.

On January 2 2014, the SC said there could be no amnesties for serious rights violations. Despite the ruling, the Act promulgated in May 2014 still included provisions for the commissions to recommend amnesty for serious human rights violations.

NHRC to brief UN in Geneva on developments

KATHMANDU: A high-level delegation of the National Human Rights Commission is likely to brief the UN high commissioner for human rights on the transitional justice process in Nepal, on the sidelines of the 28

annual meeting of the International Coordination Committee (ICC) of national human rights institutions, in Geneva.

The national rights watchdog will be conferred the ‘A’ status at the meeting that began on Monday.

In November last year, the ICC decided to give continuity to the ‘A’ grade for the NHRC, which was awarded for the first time in 2011 for five years.

The delegation led by NHRC Chairman Anup Raj Sharma is expected to brief the UN high commissioner for refugees and the head of the International Committee of the Red Cross during the visit.

The team includes Commissioners Mohna Ansari and Sudip Pathak, and Shree Ram Adhikari, in-charge of the international desk at the NHRC.

“We’ll try to present a real picture of the rights situation in Nepal to the international community,” said Ansari.

Sharma is expected to brief on the transitional justice process, Ansari on women and children, and Pathak on universal periodic review. Adhikari has got the charge to elaborate on the commission’s qualification for the “A” status.

Despite widespread criticism from civil society organisations, NHRC received the A rating the second time in a row. Nepal is one of the 70 countries in the 106-member global association of national human rights institutions that have got the ‘A’ status.