Western countries unlikely to support TRC

KIRAN CHAPAGAIN
KATHMANDU, Sept 2: Disappointed with the proposed ordinance on transitional justice mechanisms, western countries are unlikely to extend political and economical support to the Commission on Disappearance, Truth and Reconciliation to be formed under the ordinance. 

Kathmandu-based heads of western diplomatic missions discussed the ordinance on Thursday. 


Earlier, the Impunity Working Group, an informal platform of the diplomatic missions for discussion on human rights issues, had discussed in detail the content of the ordinance currently being considered by the president. 

"Both the meetings concluded that the ordinance does not meet international standards and is contrary to Nepal´s commitment under international laws," said a diplomatic source, "We are unlikely to extend our political and economic support to the commission to be formed under such ordinance."



The Impunity Working Group is concerned mainly with three issues with regard to the ordinance, according to another diplomatic source. First, the provision to give amnesty to perpetrators of serious human rights violations is unacceptable to them. They said the violators of serious human rights like rape, extra-judicial killings, torture, enforced disappearances and war crimes should be investigated and prosecuted. 

Second, the provision to appoint members of the commission through consultation with political parties has also drawn their concern. They say this provision is likely to undermine independence of the commission. 

Lastly, the ordinance is not in line with the Comprehensive Peace Agreement (CPA) and a ruling of the Supreme Court verdict of 2007. The Supreme Court had directed the government to form a separate commission to find out the whereabouts of the people disappeared during the conflict. 

"The ordinance is far weaker than the bills on the Commission of Enforced Disappearance discussed in the Bills Committee of parliament," said the source about the conclusion of western countries, on condition of anonymity. 

The third diplomatic source said that the heads of the diplomatic missions are considering to jointly meet President Dr Ram Baran Yadav and leadership of the parties to convey their concerns. 

"We will seek the response of the leaders of different political parties since they have not spoken about the ordinance yet," said the source. 

It may be recalled that the European diplomatic missions had jointly written to leadership of the major three parties in last December to ensure that the laws on transitional justice mechanisms meet international standards.