Incident Reports

Conflict victims want provision of retrospective law

2015-07-21

Bagmati, Kathmandu, Kathmandu, Ward 10

Conflict Victims’ Common Platform (CVCP), an alliance of 13 organizations representing the victims of the Maoist insurgency, has demanded retrospective law applicable to perpetrators of genocide, crimes against humanity, war crimes, torture, and other crimes under international law. The CVCP has expressed concern over Article 25 (4) of the preliminary draft that virtually ends the possibility of prosecution of perpetrators of crimes and human rights violations, both from the Maoist and the state sides, during the decade-long conflict. The provision states that “no person shall be punished for an act which was not punishable by law when the act was committed”. “This provision ends the possibility of prosecuting perpetrators of conflict period,” said CVCP Chairperson Suman Adhikari. “We have waited all these years hoping the new constitution would address our genuine concerns, but the draft constitution has overlooked the issues of conflict victims.” Over 16,000 people were killed and 1,300 disappeared without a trace during the insurgency between 1996-2006. When the war ended with the signing of the Comprehensive Peace Agreement (CPA) in November 2006, the then Maoist rebels and the government had agreed to set up transitional justice mechanisms to look into the case of conflict period within six months. But the said transitional mechanisms--Truth and Reconciliation Commission, and Commission for Investigation on Enforced Disappeared Persons--were formed eight years after the CPA in February 2015. Both the commissions are yet to start works formally. The CVCP has suggested the incorporation of victims’ right to truth, justice, and reparation in the constitution. The other suggestions include criminalization of serious rights violations, disappearances and torture, and removal of a 35-day statute on the limitation on reopening of the rape case. The victims have suggested criteria, procedures, and standards in line with the Supreme Court's (SC) directive order and international practices for amnesty. Besides, the CVCP has made four additional suggestions to be added in the constitution—a guarantee of implementation of the SC orders related to transitional justice, the vetting process for appointment and promotion of public position holders, the autonomy of the National Human Rights Commission, and the guarantee of implementation of its recommendation, and guarantee the victims’ right to truth and justice. Adhikari said the new constitution should end the conflict by addressing the concerns of the victims. “Assurances are all we received to this date. It is time that our concerns are addressed properly. We hope that the new constitution will incorporate our concerns,” he said. The CVCP has urged the government to win the confidence of the public by listening to their concerns so that they could own the new constitution.

0 Comments