Nepal: Govt proposes amnesty to serious HR violators

8/24/2012

The caretaker government has proposed amnesty to perpetrators of conflict-era serious human rights violations in the draft ordinance on transitional justice mechanisms under consideration in the cabinet.

"The commission will recommend the government to give amnesty to the perpetrators of serious human rights violations if they strongly regret the crime they committed," a highly-placed government source said reading out the provision in the ordinance.

The draft of the ordinance has been kept secret and sources at the Ministry of Law, Ministry of Peace and Reconstruction and Office of the Prime Minister declined to share the contents of the proposal, to Republica.

The government proposed the amnesty provision in the ordinance despite calls from national and international human rights community not to include such a provision in laws related to transitional justice, saying such a provision does not meet international standards.

"Such a provision violates Nepal´s commitment to international laws. We will not accept such a provision," said human rights lawyer Govinda Bandi.

Though the bills committee of the dissolved Constituent Assembly had discussed two separate bills -- one relating to the Truth and Reconciliation Commission and the Commission on Enforced Disappearances, the government has merged both the bills and prepared a new draft.

Even the bill discussed in the committee had proposed not giving amnesty to perpetrators of serious crimes like crimes against humanity, illegal detentions, sexual violence, and violence against civilians, among others. The provision was in line suggestions from the United Nations, European Union and other national and international human rights organizations.

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