United Nations
Information Centre | Nepal
The Nepal Act on the Commission on Investigation of Disappeared Persons,Truth and Reconciliation
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OHCHR welcomes efforts by the Government of Nepal to advance the peace process, it notes that the Act contains several provisions that do not fully conform with Nepal’s obligations under international law. Concerns about similar provisions were previously raised by OHCHR in relation to the August 2012 draft bill, the March 2013 Ordinance and the April 2014 bill. The purpose of this Note is to provide an analysis of the Act and highlight where it does not fully comply with international law and standards. OHCHR encourages the Government of Nepal to amend the Act so that it is fully consistent with Nepal’s obligations under international law.

The power of the Commissions to recommend amnesties for gross violations of international human rights law or serious violations of international humanitarian law is inconsistent with Nepal’s international legal obligations and the UN’s policy against amnesties. According to international law,States have a duty to ensure the prompt, thorough, independent and impartial criminal investigation of
gross violations of international human rights law and serious violations of international humanitarian law and where sufficient evidence exists, to prosecute the alleged perpetrators. Amnesties are also impermissible if they interfere with victims’ rights to an effective remedy, including reparation.

#OHCRTECHNICALNOTES #2014
Publisher:
UN ,   (2014 )
Type / Script:
Press Release in English
Keywords:
ANTI-DISCRIMINATION MEASURES,GOVERNMENT POLICY,HUMAN RIGHTS,HUMAN RIGHTS ADVANCEMENT,HUMAN RIGHTS INSTITUTIONS,SOCIAL POLICY,HUMAN RIGHTS MONITORING,HUMANITARIAN INTERVENTION,POLITICAL REPRESSION,RELIGIOUS INTOLERANCE,TORTURE VICTIMS,TRUTH COMMISSIONS
Thematic Group:
 UN : International Peace and Security
Thesaurus:
14.02.02  -  Human Rights
Reference Link:
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