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Shame On The Democratic System And Process
By KTM Metro Reporter
August 31, 2010: speaking at the function of lighting 1350 lamps at Basnatapur in Kathmandu in the names of enforced disappeared people held by various human rights organizations including National Human Rights Commission (NHRC) to mark the ‘World Disappearance Day’ on Monday, August 30, 2010, Chairman of Constituent Assembly (CA) Subash Nemwang has said that the failure in making public the whereabouts of the disappeared persons during the conflict even after four years of the end of the armed conflict has been a shame on the democratic system and process; he has assured the families of the victims and the Human Rights activists that he will make his best efforts on getting the bill on disappearance and setting up a ‘truth and reconciliation commission’ (TRC) passed through the parliament in the ongoing session, ‘The Rising Nepal’ of August 31, 2010 reports.
Concerning the rights of the families of the victims of enforced disappearance to know the whereabouts of their loved ones and get justice to them, Chairman Nemwang has said that he will draw the attention of the state to this issue.
Speaking at the same function, Constituent Assembly Member and President of Association of Families of Fighters Disappeared by the State, Ek Raj Bhandari has said that the World Disappearance Day has been the reminder of the pain of the loss of their loved ones to the families of the victims of the enforced disappearance by the State during the armed conflict. Mr. Bhandari lost his son to the enforced disappearance by the State during the armed conflict. Mr. Bhandari has blamed the government for the failure in enforcing the recommendations made by various human rights organizations and the Supreme Court of Nepal for making the whereabouts of the disappeared people public up until now. He has demanded that the contribution made by the disappeared people to make the country ‘Republic’ should be recognized by the State, and the government needs to bring the perpetrators of the enforced disappearance to justice.
On the occasion of marking the World Disappearance Day, the United Nations Human Right Commission (UNHRC) has called on the Government of Nepal to bring the perpetrators of the enforced disappearance of about a thousand people during the armed conflict whether they are the members of the armed forces or the Maoist guerrillas to justice.
On the World Disappearance Day, the Office of the UN High Commissioner for Human Rights in Nepal (OHCHR-Nepal) has urged the Government of Nepal to swiftly implement the landmark Supreme Court’s ruling of June 01, 2007 that has remained pending for more than three years, ‘The Rising Nepal’ of August 31, 2010 reports.
In June 2007, the Supreme Court of Nepal has ordered the Government of Nepal to enact a law that criminalizes enforced disappearance in line with the International Convention for the Protection of all Persons from Enforced Disappearance; establish a high level commission on inquiry of forced disappearances in compliance with the international criteria on such commissions on inquiry; require investigations and prosecutions of persons responsible for disappearances; and provide for adequate compensation and relief to the victims and their families.
"This Day reminds me those who, year after year, at home, wait to hear about the fate of their love ones and continue to suffer until this relief comes" said Anthony Cardon, Officer-In-Charge of OHCHR-Nepal in a press statement issued on Sunday.
"Their rights as well as those of the disappeared are fully guaranteed by international human rights law and the respect and protection of these rights should be a priority in any society."
"Today, I recall that in the historic peace deal of November 2006, both parties to the CPA agreed that making the truth about the disappeared and inform their family was a priority. This will be soon four years ago." said Anthony Cardon, adding, "Supporting the Government of Nepal in seeking the truth about those women and men who were and remain victims of enforced disappearances is among the priorities of OHCHR-Nepal."
OHCHR further calls on the Government to ratify the International Convention for the Protection of all Persons from Enforced Disappearance. As of today, eighty-three States have signed and nineteen have ratified this Convention.
