Towards ending impunity for human rights violations

Human rights groups have renewed their concern about enforced disappearances during the conflict between Maoist rebels and the Nepalese government, 1996-2006.



Thousands disappeared and many families still do not know if their loved ones are dead or alive.



The National Human Rights Commission (NHRC) has documented nearly 1,619 disappearances. Of these, 1,234 were attributed to the security forces and 331 to the Maoist rebels, with the remaining 54 unidentified.



But rights groups say the real number could be much more.



According to the UN Working Group on Enforced or Involuntary Disappearances, Nepal had the world’s highest number of enforced disappearances between 2002 and 2004.



To crush the Maoist rebellion, security forces were given extrajudicial powers, leading to illegal detentions, random arrests and extrajudicial killings, and many innocent civilians were victimised, say human rights activists.



In response, the Maoists stepped up the killings, abductions, torture, extortion, and use of children for military purposes, according to Waiting for Justice, a report by Human Rights Watch (HRW) and Advocacy Forum (AF).



“We want justice but how long should we wait,” asked Devi Sunuwar, the mother of 15-year old Maina Sunuwar who was illegally arrested on false charges of supporting the Maoists in February 2004.



The case became known as one of most gruesome examples of extrajudicial killing: The young girl was tortured, raped and killed by four army officials but no action was taken against them, and all have walked away scott-free, Sunuwar said.



New bill



But hope is on the horizon in the form of a new bill.



The Disappearances (Crime and Punishment) bill was initiated after a Supreme court ruling in June 2007 called on the government to introduce new legislation - in conformity with international standards - to criminalise enforced disappearances and establish a credible, impartial and independent commission of inquiry.



Rights activists and lawyers believe this is a step towards ending impunity for human rights violations. However, they are concerned the bill fails to mention that the systematic disappearances were crimes against humanity under international law.



Global watchdog organisations like HRW, the International Commission of Jurists, the International Centre for Transitional Justice (ICTJ) and national human rights NGOs have voiced concern over the omission.



“Simply criminalising disappearances is not enough - a whole chain of official command should be held accountable for the past crimes,” said AF advocate Jitendra Bohara.



Senior officials in the security forces and the former royalist government, who knew about the atrocities, should be held responsible for allowing the perpetrators to go unpunished, say activists.



“Although the bill is a good initiative…, it fails to address the seriousness of the crimes committed,” Supreme Court advocate Govinda Sharma Bandi told IRIN, adding: “We will continue to lobby for the inclusion of crimes against humanity in the bill.”



International standards?



There is also concern about whether the Disappearances Commission would be up to international standards.



According to the ICTJ, the commission should have independent commissioners with comprehensive investigatory powers. The government should agree to abide by the recommendations of the Disappearances Commission, ensure that the whereabouts of the disappeared are declared, ensure appropriate compensation to family members, and that those responsible are brought to justice.



“If these provisions are seriously implemented then it will go a long way towards challenging impunity in Nepal,” Warisha Farasat, programme associate of the ICTJ in Nepal, told IRIN.



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