Gemeinsame Erklärung internationaler Menschenrechtsorganisationen, 20.11.2021 (engl. Originalfassung)
Nepal has made no progress on justice for crimes under international law in the 15 years since the signing of the Comprehensive Peace Agreement, Amnesty International, International Commission of Jurists, Human Rights Watch and TRIAL International said today. The 2006 agreement ended a decade of armed conflict in Nepal. To enable a credible transitional justice process, the Nepali government should put the needs of victims front and center and set out a clear timeline for holding meaningful consultations and upholding its legal obligations.
Successive Nepali governments have pledged to deliver truth, justice and reparations to victims, including by implementing a 2015 Supreme Court ruling to amend the transitional justice law to disallow amnesties for serious crimes. Nevertheless, they have repeatedly failed to do so. Instead, the two transitional justice commissions have become inactive, while successive governments have used their theoretical existence as a pretext to prevent cases from proceeding through the regular courts.
“Nepali authorities’ reluctance to meet their obligation to investigate and prosecute grave crimes has deepened the suffering of victims, undermined the rule of law, and increased the risk of future violations,” said Meenakshi Ganguly, South Asia director at Human Rights Watch. “As long as justice is denied in Nepal, those allegedly responsible for international crimes committed during the conflict remain vulnerable to prosecution abroad under the principle of universal jurisdiction.”
The Comprehensive Peace Agreement (CPA) signed on 21 November 2006, between the then government and former Maoist rebels contained a commitment “to investigate [the] truth about people seriously violating human rights and involved in crimes against humanity.” The government established a Truth and Reconciliation Commission and a Commission of Investigation on Enforced Disappeared Persons in 2015. The two commissions have received over 60,000 complaints but have not completed any investigations. Over 2,500 people remain victims of likely enforced “disappearance,” their situation or whereabouts unknown.
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