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Just as the government is preparing to table the bill to amend the Commission of Enquiry on Enforced Disappeared, Truth and Reconciliation Commission Act 2014, a section of Kathmandu-based diplomats has expressed concerns over some of the provisions during their meetings with Prime Minister Sher Bahadur Deuba and CPN (Maoist Centre) chair Pushpa Kamal Dahal.
After calling on Deuba on Friday, members of the diplomatic community jointly met with Dahal on Saturday and are scheduled to meet CPN-UML chair KP Sharma Oli soon, according to diplomatic sources.
The UN’s Resident Coordinator in Nepal, Richard Howard, and ambassadors of the United States of America, the European Union, Germany, Australia and Switzerland held discussions with the leaders as regards Nepal’s plan to amend the transitional justice law, according to the Dahal’s private secretariat.
Some of the provisions of the amendment bill have attracted criticism from victims, rights activists and civil society members who say the amendment is designed with an aim to exonerate the perpetrators of serious human rights violations during the 1996-2006 armed conflict.
According to those familiar with the meetings, the diplomats expressed concerns over some of the provisions and urged both Deuba and Dahal that some qualifiers and more explanations are needed for cases of serious human rights violations.
According to Khimlal Devkota, a Maoist leader, as the diplomats hailed the nationally driven peace process, they also put forth concerns over some of the issues including a lack of clarification on serious human rights violations and called for meeting international standards while concluding the transitional justice process.
An aide to Prime Minister Deuba said that the diplomats were of the view that no exemption should be given to the persons involved in serious violations of human rights and if any victim is not satisfied with the process of prosecution initiated by the Special Court, the victim should be permitted to appeal to the Supreme Court.
The amended bill has provisions that the transitional justice commissions will make recommendations to the Attorney General’s Office to start prosecution of cases of serious human rights violations. A Special Court composed of three judges from high courts will take decisions in cases of serious human rights violations filed by the Attorney General’s Office within six months of the recommendation from the two commissions.
Criminal cases from the decade-long insurgency that are sub judice at the district and high courts will be transferred to the Special Court.