U.N. warns Nepal clemency move will "entrench impunity"

By Gopal Sharma

KATHMANDU (TrustLaw) - A decision by Nepal's Maoist-led government to grant amnesty to a parliamentarian found guilty of murder during the country's decade-long civil war will "entrench impunity", the United Nations warned, calling on authorities to respect the judiciary's decision.

Both the army and former Maoist rebels were accused of involvement in torture, killings, abductions and disappearances during the impoverished Himalayan nation's war, which killed more than 16,000 people, before ending under a 2006 peace deal.

Last week, Nepal's government asked President Ram Baran Yadav to grant amnesty to Bal Krishna Dhungel, a former Maoist rebel-turned-lawmaker, convicted by a court in 2004 of murder during the conflict.

"Such decisions will establish a trend to entrench impunity and send the wrong message at the wrong time," said Jyoti Sanghera, head of the U.N. Human Rights Office of the High Commissioner in Nepal (OHCHR-N), in a statement on Friday. "The government should respect Nepal’s judiciary and the rule of law."

Bal Krishna Dhungel has not served any time in jail, critics say, adding that he has political protection.

Despite five years of peace, political in-fighting has plagued Nepal’s opportunity to move towards stability and prosperity in a region already harbouring volatile hotspots such as Pakistan and Afghanistan.

Poor governance structures and a lack of rule of law in this poor nation have resulted in a failure to punish those guilty of war crimes, say human rights activists.

Authorities have, in fact, promoted impunity, say activists and opposition parties, by appointing or promoting politicians and police accused of abuses.

There was no immediate comment from the government over its controversial decision, but the main centrist opposition Nepali Congress Party vowed to protest the clemency move.

"We'll not let the parliament do its normal business unless the government withdraws its decision," Congress deputy Nabindra Raj Joshi said.

The Maoists emerged as the biggest political party in the election for a special constituent assembly after they announced a ceasefire and joined the mainstream in 2006.

The assembly tasked to prepare Nepal's first republican constitution doubles as the country's parliament where the former rebels lack a majority to rule on their own.

The ceremonial president must approve the government's request to clear the charges against the lawmaker, say experts, citing examples in the past when the president took a different view from the prime minister.

In 2009, Maoist Prime Minister Prachanda quit after the president rejected a cabinet decision to fire the country's army chief, plunging the nascent Himalayan republic into political turmoil.

(Editing by Nita Bhalla & Alex Whiting)

http://www.trust.org/trustlaw/news/un-warns-nepal-clemency-move-will-entrench-impunity