Saturday, 03 September 2011 15:12
National and international human rights watchdogs have expressed strong objection to one of the points in the recent agreement between UCPN (Maoist) and United Madhesi Democratic Front (UMDF) to offer amnesty to those accused of committing crime during the Maoist war and the movements after that. Gauri Pradhan, a member of the National Human Rights Commission (NHRC) and its spokesperson, spoke to Kishor Paudel of Nepalnews on various issues including overall human rights situation of the country. Excerpts:
How has National Human Rights Commission (NHRC) assessed the overall situation of human rights in the country?
Speaking briefly, situation of human rights is not satisfactory. Studies carried out by the commission also prove this. Specifically, the victims and the victims’ families of various incidents like murder, abduction, disappearance and displacements are yet to get justice and compensation. No progress has been made in the process of providing them justice. Though some victims have received interim relief aid, the culture of impunity is widespread.
How does NHRC view the agreement between UCPN (Maoist) and United Madhesi Democratic Front (JMDF) ahead of the Prime Ministerial election which has mentions about the withdrawal of various cases related to human rights?
I congratulate Prime Minister Baburam Bhattarai who was elected on the basis of that agreement. At the same time, one point of the agreement has made us seriously concerned. The agreement to withdraw the cases of serious criminal nature presenting such cases as political ones has made the NHRC serious. The constitution has authorised the government to withdraw the cases filed by the state along with giving the rights to offer amnesty. But there is certain process to be completed before withdrawing such cases and offering amnesty to the person allegedly involved in serious crimes or crimes against humanity. The withdrawal of the cases under court’s proceeding may affect the whole peace process. The Comprehensive Peace Accord (PCPA) has also clearly mentioned the provision of withdrawal or amnesty only through the formation of the commissions on peace, reconciliation and disappearances. But the acts done on the basis of political consensus alone and without proper procedure will only have harmful impacts.
Do you mean the government and political parties are not serious about defending and promoting human rights?
In the past, so many cases would be brought up on as part of political vandetta. The NHRC
does not oppose the withdrawal of politically biased cases. However, the cases of serious crimes such as murder, abduction, rape, disappearance must be handled with care. The government must fulfill certain prerequisites before withdrawing the cases and must ensure that truthfulness of such cases has been established. If such agreements are signed during each political equation, serious questions will be raised on rule of law and human rights. The government is accountable for this.
Political parties have been repeatedly saying they are committed to protecting and promoting human rights. How truthful do you find them in their commitments?
The implementation part is very weak. The state has not paid sincere attention towards various reports submitted by the NHRC. Even the orders of courts are yet to be enforced. The government has started taking steps for interim relief and compensation but has done nothing to take action against the human rights violators.
Recently International Day of the Disappeared was marked also in Nepal. Two bills on providing justice and compensation to the victims which were supposed to be brought up by the government within two months are still uncertain. Who do you think is responsible for this?
This has to do with the willpower of the political parties. I think the government might already have collected information about the victims as we have already made it public on our part. If government is really serious, this work can be finalised within a month. It is too late to wait for the government. We should exert pressure on government to assuage victim’s pain.
The bills on formation of the commissions on truth, reconciliations and disappearances are still pending. What is your comment on this?
Government officials have advised that the NHRC should handle these issues saying that there is no guarantee of early formation of such commissions. So the government should authorise the constitutional bodies to look into these cases until concerned commissions are formed.
Do you mean the HNRC is given only limited authority?
Legal rights alone cannot work till the government takes practical action on the recommendations of constitutional bodies. Even the orders of courts have not been enforced.
A bill which deals on duties, rights and responsibilities of NHRC has been tabled in the parliament. Do you think the NHRC will have more authority once the bill is passed?
The bill has some positive provisions though there are still some weaknesses. Once the bill is passed, the recommendations of the NHRC will be mandatory and the government will have to implement recommendations within three months. Likewise, the NHRC will enjoy semi-judicial rights and the amount of compensatory relief will also be increased. nepalnews.com
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