E-Kantipur

KATHMANDU, DEC 10 - With the term of the OHCHR-Nepal expiring on midnight Thursday, there is still a lot of confusion about whether the UN body remains functional for the next six months--an automatic 'grace period' that was stipulated in an agreement that led to its extension in June last year.

There is also a degree of uncertainty as to why the Maoist-led government is reluctant to extend the term despite a seeming convergence among non-Maoist parties to go for a final extension.

According to one theory, there is some fear in the Maoist party that the OHCHR-N could become assertive in its final stages of Nepal stay, particularly in finalising the Truth and Reconciliation Commission (TRC) bill which is currently pending in parliament.

The TRC deals with past crimes, an issue that could potentially drag many senior Maoist leaders.

Though the parties have agreed in principle to strike a balance between penalty and forgiveness in dealing with past crimes, the Maoists are still pushing for 'more' amnesty than penalty.

"Our position on the Truth and Reconciliation Commission is very clear: The focus has to be on reconciliation except on crimes of serious nature," said Maoist lawmaker and advocate Ek Raj Bhandari.

Lawmakers in the legislative sub-committee in the parliament assigned to strike compromise on the TRC bill are yet to resolve the issue of providing amnesty for torture, abduction and hostage-taking. They have agreed that no amnesty will be granted for murder of a person in captivity, murder of an unarmed person, rape and enforced disappearance. However, some human rights defenders fear that the Maoists could push for its revision once OHCHR leaves.

"If the OHCHR stays, it will continue to raise a voice against human rights violations and it will reverberate globally," said Birendra Thapaliya, the chairman of FORHID Nepal, a human rights organisation. "Maoists want the OHCHR out and they are in favour of the TRC that only focuses on amnesty." Thapaliya believes that the position taken by the UN body on the Agni Sapkota and Bal Krishna Dhungel cases also played a role in the Maoist opposition to the UN body's continuation.

Even some in the diplomatic community share concerns of human rights defenders that the Maoists may try to insist on a 'blanket amnesty' to past crimes. "We are not saying punish every single crime, but there has to be a fair degree of justice and offering blanket amnesty will not be acceptable," said a Western ambassador. "This will also be in breach of Nepal's international treaty obligations."

In a joint statement on Friday afternoon, on the eve of the International Human Rights Day, a section of the international community attempted to send their message across more collectively.

"We urge the Legislature-Parliament to agree quickly on the transitional justice mechanisms foreseen in the Comprehensive Peace Accord," said the statement issued by the EU, Norway, Switzerland, USA, Canada, Japan and Australia. "The draft Bills establishing a Truth and Reconciliation Commission and a Commission of Inquiry on Disappearances should adequately address impunity--which Nepal's politicians have committed to tackle--and be in line with Nepal's international legal and Treaty obligations. We also urge that the Bill on the National Human Rights Commission secures a sound legal base that guarantees its independence."

Meanwhile, the confusion over the status of the OHCHR-N continues. A letter sent by the Ministry of Foreign Affairs on Wednesday had asked the UN body to pull down its signboard and cease all its programmes. However, OHCHR-N officials say the agreement signed during the last extension in June clearly authorises them to remain functional even during the grace period.

In response to a query as to whether the office remains functional, OHCHR officials referred to Article 20 (3) of an agreement with the government that says that the global rights body will remain in Nepal for six months after the termination notice.

"In light of such support, the High Commissioner has been disappointed at the advice from the Ministry of Foreign Affairs that reiterates the decision of the previous Govt extending OHCHR mandate until 8 Dec 2011 and does not inform of any changes to this," a statement said. "OHCHR has played an important role in support of the peace process, and many national partners--including the NHRC--had expressed their wish for this to continue. We will now be discussing with the Govt how to complete remaining works and how to continue our support to Nepal in the future."

As the Post went to press on Friday evening, NHRC officials and leaders of the opposition parties were discussing the prospects of an extension following an agreement between the parties. Even Western diplomats said that they have been assured of an extension after a consensus government. "No one knows how long that will take," said an ambassador. "I don't know whether it will still be practical to have the extension once OHCHR has disposed of its assets and done the packing."

Posted on: 2011-12-10 06:10

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