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Transitional Justice in danger in Nepal: TRIAL seizes the United Nations

04.09.2012 ( Last modified: 17.07.2017 )

On 23 August 2012, TRIAL together with the International Center for Transitional Justice (ICTJ), the International Commission of Jurists (ICJ), Human Rights Watch (HRW), Advocacy Forum – Nepal and seven other local organisations working with victims of human rights violations and their families submitted a briefing note to the new Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-recurrence, Mr. Pablo de Greiff.

The briefing note highlighted the recent dissolution of Nepal’s Constituent Assembly (28 May 2012) and the way in which this development negatively impacts the efforts to secure truth, justice and redress of victims of gross human rights violations and international humanitarian law.

In particular, the organisations highlighted the danger that without a Constituent Assembly, the long awaited transitional justice mechanisms could be further stalled for an undetermined period or, what is worse, enacted through an ordinance by the interim Government, without public consultation and granting – as the draft Bill to create such mechanisms currently stands – amnesty to perpetrators. In either case the effect would be the same: to deny access to truth, justice, reparations and guarantees of non-recurrence to victims of gross violations of human rights and international humanitarian law and their relatives, in violation of Nepal’s obligations under international law.

The organisations urged the Special Rapporteur to remain seized of the situation and ensure that the government of Nepal upholds its international obligations inter alia, to adopt transitional justice mechanisms able to prosecute individuals who may be criminally responsible for gross human rights violations or crimes against humanity, to guarantee the victims’ rights to effective remedies and reparations as well as to guarantee the victims’ and society’s right to know the truth about established violations. The organisations also appealed to the Special Rapporteur to consider requesting the government of Nepal an invitation to conduct an official country visit.

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