In a recent update, the international human rights body Human Rights Watch (HRW) and International Commission of Jurists (ICJ) issued a statement asking Nepal to check flaws in its transitional justice commissions: Truth and Reconciliation Commission (TRC) and Commission on Investigation of Enforced Disappeared Persons (CIED).

The two bodies urged Nepal Government to ensure that the amendments being made comply with the international standards.

“Nepal authorities should take into account the concerns of all stakeholders, including the groups representing victims of serious crimes by all sides during the civil war, other civil society organizations, the National Human Rights Commission (NHRC) and the United Nations Office of the High Commissioner for Human Rights (OHCHR),” HRW said in its official release.

Failing to Meet Int’l Standards

Informing that the Oli-led Nepal Government promised of transitional justice mechanisms that are compliant to international laws, HRW said the current draft law fails to support the prosecution measures against human rights violations pertaining to international crimes.

Meanwhile, victims’ groups say that the process undertaken by the two commissions in conducting country-wide hearings and gathering 60,000 cases has also been arbitrary and confusing.

While Nepal has engaged in a transitional justice process over the last few years, with official commissions collecting complaints, holding meetings and generic consultations throughout the country, this is still without any tangible result, and victims say it has left them confused, says Brad Adams, Director, HRW Asia. 

The transitional justice law under discussion have been failing to meet the country’s Supreme Court recommendations and is currently awaiting new reforms proposed by the new government.

The new reforms are currently underway as per the apex court’s order and are also hopeful to the victims’ groups who termed it compliant with the United Nations Human Rights Council (UNHRC) and human rights organizations recommendations.

While the proposed law authorized the relevant commissions to deal with prosecutions, it fails in:

• Strengthening the commissions for effective operations
• Issuing clear guidelines on impartial investigations, instead proposes a special court
• Permitting non-custodial sentences for the most serious crimes
• Inclusion of specific serious crimes

It is very welcome that the Nepal Government is finally looking to address longstanding demands of war victims and should use this opportunity to abide by its obligations, draw up security sector reforms, and pave the way to end impunity, says Ian Seiderman, Legal and Policy Director, ICJ.

The two organizations made few recommendations in their recent meeting with the Attorney General of Nepal and all the relevant stakeholders in Nepal.

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“The human rights council is one the busiest platforms among UN that convenes meetings every day.  Considering the workload, we have decided to reinforce two diplomats exclusively to attend the meetings and cover the events in Geneva,” said Bharat Raj Paudyal, Spokesperson, Nepali Ministry of Foreign Affairs (MoFA).

According to Paudyal, Joint Secretary Tirtha Raj Wagle and the Under-Secretary Ram Prasad Subedi have already been appointed for taking up new assignments in Geneva.

“To fulfill our responsibility as a member, we have decided to enforce additional manpower. Besides other regular works, the council also focuses on pressing human rights issues that call for some dedicated officials to attend in the meetings,” informed Paudyal.

This move by MoFA Nepal is aimed at managing workload following Nepal’s recent election to the United Nations Human Rights Council (UNHRC) for the 2018-20 term. 

Securing 166 votes, the highest in the Asia-Pacific Group, Nepal gained UNHRC membership in New York in the last week of October 2018. 

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The United Nations (UN), in its official release on October 16, 2017, declared Nepal’s election as a UNHRC member.

“Nepal has been elected as a member of the UNHRC for the term 2018-2020, today. Nepal will be serving in that capacity for the first time since HRC’s creation in 2006,” said UN in its official release on October 16, 2017.

UN’s announcement followed a strong pitch made by Nepal for UNHRC membership in the 72^nd United Nations General Assembly (UNGA) on September 27, 2017.

“Nepal secured 166 votes, the highest in the Asia-Pacific Group. Together, Qatar, Pakistan and Afghanistan were elected from the Asia-Pacific, as part of a total of 15 States elected from different geographical regions, by a secret ballot at the 72^nd UNGA session in New York,” noted the release.

Elated at the announcement, Ambassador Durga Prasad Bhattarai, Permanent Representative of Nepal to UN, said this election is of paramount importance for Nepal.

He added that it also reflects the international community’s acknowledgment of Nepal’s efforts and accomplishments in the field of human rights at home and globally.

“This election offers the post-conflict Nepal an unprecedented opportunity to prove its worth as an international contributor in the cause of human rights in Nepal and around the world, over and above its contribution as a UN peacekeeping and civilian protection partner since 1958,” read a statement by Bhattarai.

Following this announcement, Nepal’s term in UNHRC office would begin on January 1, 2018 and lasts till December 31, 2020.

Back to Seat After a Gap

Prior to this, Nepal had served as the member of the Commission on Human Rights during 1995-2000 and 2004-2006, wherein, the country served in Vice-chair (in 1999) and Chair (in 2000) positions.

The Commission on Human Rights was later replaced as HRC in 2006 with UNGA as its own subsidiary body.

Now, HRC is a combination of 47 member states across the geography with 13 nations from the Asia-Pacific group.

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The Government of Nepal has invited two UN Special Rapporteurs to take a stock of human rights situation in Nepal and report them back to the UN Human Rights Council (UNHRC) and the UN General Assembly (UNGA).

According to the Nepali Foreign Ministry spokesperson, the Ministry has already written to UNHRC in Geneva to send two special rapporteurs to analyze rights issues in Nepal pertaining to food and women violence.

The Ministry also welcomed UN’s official check on issues related to migration.

The special official on food-related rights would assess Nepal in terms of UN’s Right to Food that demands regular, permanent and unrestricted access to food in sufficient quantity and adequate quality.

Whereas, the other official would assess rights violation and violence against women, related causes and consequences, in Nepal.

This will be conveyed to the Office of the High Commissioner for Human Rights through Nepal’s Permanent Mission to the United Nations Office and other international organizations in Geneva today, said the Ministry in its yesterday’s release.

Prior to this, UNHRC had asked Nepal regarding sending of its special rapporteurs to the country. However, Nepal did not approve UN’s request due to internal issues.

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Human rights lawyer Melissa Upreti of Nepal has been appointed for a three-year term to the United Nations Human Rights Council’s (HRC) Working Group. She will represent the Asia Pacific region at the HRC as an independent legal expert.

A graduate from Columbia Law School, Upreti has an extensive experience of over 15 years in building strategic partnerships for promoting gender equality in Asia. She is currently associated with the University of Toronto International Reproductive and Sexual Health Program as a Reproductive and Sexual Health Law fellow.

The list of appointees released by Joaquín Alexander Maza Martelli, President of the HRC, includes representatives from Zambia, France, Ethiopia, Croatia and Australia.

The HRC is a subsidiary body of the UN General Assembly and is the highest political human rights body in the UN. The Working Group of the HRC has been setup with the core objective of promoting gender equality and addressing the global discrimination against women.

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Two-day discussions with the New Delhi-based Nepali diplomats was one significant part of the trip, where the Minister reiterated Nepal’s commitment to the United Nations Human Rights Commission (UNHRC) membership, and explained them the significance of the same. Highlighting the country’s recent socio-political transformation, the Minister noted that this is the right time for Nepal to become the council member.

Bharat Raj Poudyal, head of the UN body at MoFA, while briefing the current human rights scenario in Nepal, said, “Nepal deserves the membership”. The other senior officials at the meeting also felt that Nepal’s entry would add significance to the council in shaping the human rights agenda.

The briefing held at Nepal Embassy, New Delhi, witnessed the participation of the ambassadors from 35 countries to Nepal. The representatives from Zambia, Cuba, Czech Republic, and Venezuela pledged their support for Nepal’s entry into UNHRC.

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