United Nation Shows concern on Delaying TJ reconciliation

  April 18, 2019 By: INSEC

The United Nation has shown its concern on Nepal delaying the process to end the conflict cases on time. At the same time it has also shown its concern on the credibility on functioning of TRC and CIEDP. A joint communication signed and sent by the Working Group on Enforced or Involuntary Disappearances; the Special Rapporteur on extrajudicial, summary or arbitrary executions; the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence and the Special Rapporteur on violence against women, its causes and consequences stated that “we would like to bring to the attention of your Excellency’s Government information we have received concerning the reported lack of impartiality, independence and transparency in the existing procedure for the appointment of the members of the Truth and Reconciliation Commission (TRC) and Commission on the Investigation of Enforced Disappearance (CIEDP), which may affect the selection of new commissioners in April 2019; the reported lack of progress in the work undertaken by both commissions; and the possible amendment of the Act on the Commission on Investigation of Disappeared Persons, Truth and Reconciliation 2071 (2014)”. It has also stated that “The TRC and CIEDP have been widely criticised for the lack of progress in their work and for their lack of independence and credibility. Concerns were also raised, including in the above-mentioned communications, about the TRC’s power, under the TRC Act, to recommend amnesties for perpetrators of gross violations of human rights and serious violations of international humanitarian law and to initiate reconciliation processes in the absence of a request by the victim. The TRC Act was also subject of concern because of the definitions of crimes contained therein which are not in compliance with international law.”

The letter emphasized for the participation of victims in a TJ process and stated that “Victims’ participation is central in transitional justice processes.” It added that ” First, for epistemic reasons which relate to the contributions that victims can make to the quality of information on the basis of which transitional justice measures can be designed, operated and monitored. Victims not only have a privileged perspective on the ways in which systems and institutions that were meant to guarantee their rights failed to do so, but also on what constitutes effective redress in terms of truth, criminal justice, reparation and guarantees of non-recurrence.

Second, for legitimacy reasons which recall that participation provides victims a measure of recognition not only as victims but also as rights holders; this in turns helps victims become visible and gain a place in the public sphere frequently denied to them. The equalizing effect of participation facilitates the identification of commonalities of experiences, values and principles among different types of victims, as well as between victims and non-victims, which is important for the sake of coalition- and consensus-formation regarding transitional justice policies. And finally, the participation of victims recalls to all that discussions about transitional justice are not merely technical matters, but are essentially about human beings, their dignity and rights.” The letter was addressed to Mr. Tirtha Raj Wagle Minister Chargé d’affaires a.i. Permanent Mission of the Federal Democratic Republic of Nepal to the United Nations Office and other international organizations in Geneva.


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