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TRC bill not free from flaws: Rights defenders
KATHMANDU, JUN 29 -
Members of the Constituent Assembly (CA), human rights defenders and social workers on Tuesday expressed dissatisfaction over some aspects of the bill prepared by the government to establish Truth and Reconciliation Commission (TRC), which is under consideration at the Ministry of Peace and Reconstruction (MoPR). They said the bill continues to remain seriously “flawed” despite several corrections and modifications.
Once established, the TRC will have a mandate to investigate serious human rights crimes and crimes against humanity committed during the conflict period— from Feb. 13, 1996 to Nov. 21 2006.
“The bill is ineffective to address the wartime rights violations, particularly violence against women, rape and torture and the proposed method of appointing TRC members does not meet the international standards,” said advocate Mira Dhungana at an interaction organised by Forum of Women, Law and Development (FWLD) in the Capital.
The committee proposed in the draft bill to appoint commissioners does not include any representatives from the conflict victims. Speakers also stressed that the bill should ensure inclusiveness in the appointment of TRC members.
They said the TRC would not acquire legitimacy without representation of women and conflict victims. However, the government—through a recent amendment—has added a provision of two women members in the Commission.
“The bill is not capable enough to address women’s existing problems,” said Nepali Congress CA member Kiran Yadav. “The bill should be amended to ensure that TRC recommends, takes decisions or fixes penalty only after taking the victim’s consent.”
Sadhu Ram Sapkota, Joint Secretary at the MoPR had presented the bill for discussion. He said the TRC will be an autonomous body and that it will not prosecute the guilty itself but will recommend the Office of the Attorney General to initiate court cases, direct the Ministry of Finance and the Peace Ministry to provide compensation to the victims.
Posted on: 2010-06-30 08:08
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