Government to defend TRC set up

• FM meeting European envoys today

• Nepal to register a note at OHCHR headquarters

KATHMANDU, MAR 22 -
The government is all set to defend provisions in the recently endorsed Truth and Reconciliation ( TRC ) Ordinance which has been widely criticised by a section of international community including the Geneva-based UN Office of the High Commissioner for Human Rights (OHCHR).
In the wake of strong reservations against the newly enacted law from a section of Kathmandu-based diplomatic corps and a statement issued by the OHCHR Chief Navi Pillay on Wednesday, the government on Thursday prepared a 13-point position paper, categorically stating that the TRC process meets the international standard and allays concerns raised by the international community.
The paper was jointly prepared by joint secretaries at the Prime Minister’s Office (PMO), Ministry of Foreign Affairs (MoFA), Ministry of Peace and Reconstruction and Ministry of Law and Justice.
The Minister for Foreign Affairs Madhav Ghimire has called a meeting with European Ambassadors (EU Delegation, UK, Germany, Switzerland, Finland, Denmark, France, Russia, and Norway) on Friday morning to convey Nepal’s position on the controversial law.
Nepali Ambassadors to United Nations and other international missions, including Shankar Bairagi in Geneva, will register a note at OHCHR headquarters, opposing Pillay’s statement.
On Wednesday, the OHCHR chief Pillay expressed serious concerns over the passage of the TRC ordinance, which will empower a TRC Commission to recommend amnesties for serious human rights violators. Similar concern is being expressed by a section of diplomatic community in Kathmandu regarding the TRC Commission and some of the provisions in the TRC Ordinance, which they have termed ‘regressive, and short of international standards and practices’.
While defending allegations that the ordinance was developed and passed in a secretive manner, without consultations with civil society, victims, families of the victims or even the national human rights institutions, the government’s position
paper states that the TRC provisions were widely debated in the parliament and widely discussed among the concerned stakeholders, said an official privy to the paper’s content.
On the issue of blanket amnesty, the position paper says that “the new amended TRC Ordinance has ensured the provision of prosecution and there is a sound legal ground to prosecute serious human rights violators.”
On reconciliation process, the paper says that “it is not going to take place unilaterally and forcefully as has been alleged,” said the official.
“The provisions of reconciliation will apply only after the consent of victims or their kin,” said the official.
  On the issue of prerogative to be given to Attorney General (AG) whether to forward cases for procreation or not after formation of TRC Commission, the government’s position paper stated that “the constitution has delivered an authority to AG as final authority to shelve cases or not. So it is purely a constitutional matter and needs to amend the constitution.”
On Friday, the Chairman of Interim Election Government, ministers as well as  Nepali diplomats based abroad will make their common position on TRC issue upon the 13-point position paper to bring uniformity and consistency among the government officials, it was agreed.


Posted on: 2013-03-22 08:13

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