Incident Reports

OHCHR stance no different from our own: TRC Chair Gurung

2016-03-05

Bagmati, Kathmandu, Kathmandu

The Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Person (CIEDP) are in no way astonished by the latest statement of position by the UN's Office of the High Commissioner for Human Rights (OHCHR) regarding the two transitional justice mechanisms in Nepal. TRC Chairman Surya Kiran Gurung said that the UN body has reiterated the need for amendments in the Act on the TRC and CIEDP and the commission too has been asking for such changes. "We have also asked the government to incorporate the Supreme Court verdict in the Act. We have already asked the government to promulgate a law that criminalizes torture. We have also asked the government to amend the existing law and clearly define terms such as 'serious violation of human rights'," said Gurung. "The UN position on the TRC and CIEDP is not different from what we have been demanding. I am not surprised by the UN's stance," he added. Gurung further said that the commission has been telling the government and parliamentarians repeatedly to amend the law and provide enabling procedures for the mechanisms that are consistent with international standards. "In a recent meeting with the Parliamentary Committee on Social Justice and Human Rights, I had categorically said that if the commission fails to work as per international standards, the international community will not accept our decisions and could demand mechanisms of international justices akin to what is happening in Sri Lanka," said Gurung. OHCHR on Wednesday had warned Nepal that the UN is unable to provide support for the TRC and CIEDP on their present status. OHCHR made clear its position that the UN is unable to provide support for these institutions in the absence of steps by the government of Nepal to ensure that the enabling law and procedures for CIEDP and TRC are in compliance with its international legal obligations. The UN body had asked the government of Nepal to amend the Act on CIEDP and TRC so that it is fully consistent with Nepal's obligations under international law. This step was essential for the United Nations to consider supporting the work of the two commissions. "We have already forwarded a draft of the necessary amendments to the Act and we have been waiting for the government to respond," said Lokendra Mallick, chairman of CIEDP. "We are governed by the Act but we want amendments to it. It is the responsibility of the government to respond to us as well as the UN," he added. The government, however, has been slow to respond to the issues concerning transitional justice mechanisms. The two commissions are yet to see their regulations published in the Nepal Gazette even 13 months after their formation.

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