E-Kantipur

KATHMANDU, AUG 29 -

The National Human Rights Commission ( NHRC ) and the civil society activists have criticised the government’s decision to forward ordinances on transitional justice mechanisms to President Ram Baran Yadav for approval.

A Cabinet meeting on Monday had decided to forward to the President ordinances on education, health, civil servants and one concerning commission on enforced disappearance and truth and reconciliation commission.

In connection with the government’s move, NHRC Chairman Kedar Nath Upadhyay met Home Secretary Nabin Ghimire and Nepal Police chief Rabindra Pratap Shah on Tuesday, making his apprehension a point.

During a meeting at his office, Upadhyay said the government’s motive behind passing ordinances to form the transitional justice mechanisms was to grant general amnesty to all wartime crimes. “Commissions formed through ordinances will not address the human rights violations taken place during the decade-long armed conflict,” he said. “This way, justice can’t be assured to victims and their families.”

According to Upadhyay, the government has not replied to a single letter the NHRC wrote to it, urging not to promulgate ordinances to form the transitional justice mechanisms.

“The government has ignored NHRC ’s presence by not consulting with us before taking decision to this effect,” he said. “ NHRC condemns such act.”

Meanwhile, civil society activists and rights defenders including Subodh Raj Pyakurel, Kapil Shrestha, Charan Prasain, Kanak Mani Dixit, Gopal Siwakoti, Birendra Thapaliya, Ram Kumari Bhandari, Pradip Pokhrel and Sabita Gautam issued a joint statement condemning the government’s decision to forward the ordinances to the President.

The formation of TRC and commission on enforced disappearances through an ordinance, itself, is a violation of human rights, as it clearly proposes granting general amnesty to all wartime crimes, says the release, urging the government to withdraw its decision.

“The governmental will be answerable to victims as well as international community if these justice mechanisms are formed through ordinance,” it reads."It would also mean a violation of Nepal's commitment to international treaties on human rights and conflict resolution."

Concern over Chhori Maiya case

  NHRC Chairman Upadhyay, in his meeting with Home Secretary Nabin Ghimire and IGP Rabindra Pratap Shah, raised issues about ongoing investigation into the case of Chhori Maiya Maharjan, who has been missing for last five months.

The NHRC chairman is said to have expressed his concerns over media reports that “police misused call details of Maharjan to abate evidence against prime suspect Surakshya Singh aka Nikki.

NHRC commissioners Gauri Pradhan and Ram Nagina Singh echoed Upadhyay, raising other concerns related to extra judicial killings in Tarai districts and the murder of Supreme Court Justice Rana Bahadur Bam on May 31.

Responding to the queries, Secretary Ghimire said the Home Ministry had been doing its best to maintain security and institutionalize investigations into criminal cases. Likewise, IGP Shah said police are delivering at their best, despite a number of intuitional hazards they are facing in course of investigations. He said investigations into both cases were under way.

Posted on: 2012-08-29 08:04

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