Nepal: NHRC expresses objection on Forced Disappearance Bill

The National Human Rights Commission (NHRC) has expressed its objection over the government not consulting it while preparing the draft of the Forced Disappearance of People (Crime and Punishment) Act 2008.

The NHRC has complained that although there is a provision in the Interim Constitution that it should be consulted with and its approval taken in a compulsory manner while signing the agreements and treaties and carrying out activities related to the human rights, the government has neglected this provision.

NHRC Chairman Kedarnath Upadhyaya said it is an insult to the role of the Commission that it was not given any information about the Bill, even to the stage of this Bill having been presented in the Legislature-Parliament after being passed by the Council of Ministers.

Talking to journalists after participating in a discussion programme on the proposed Act, Upadhyaya argued that the Bill the government presented in the Legislature-Parliament is not in tune with the universal human rights principles and the humanitarian laws.

Stating the recommendations made by the Commission to the government in connection with making public the status of disappeared people have not been implemented, he called on the government to be serious on human rights topics.

He said the suggestions the Commission will make to the government after collecting them following discussions with the sides concerned should be incorporated in the Bill.

NHRC Member Gauri Pradhan said even though topics like criminalisation of the act of forced disappearances, investigating the past incidents, prosecution of the perpetrators and making arrangements for providing compensation and reparation to the victims have been covered by the legislation, the Bill was incomplete from human rights perspectives.

He called on the government to take the advice of the Commission and noting that nobody has the right to violate the constitutional provisions, he urged the sides concerned to not pass the Bill in haste.

Another former member of NHRC Sushil Pyakurel said the Bill prepared by the government did not incorporate the international norms and values.

Date: 4 December 2008

Source: The Rising Nepal