Enact new mechanism to respect human rights, Nepal told

The Nepal parliament should reject an ordinance tabled this week and enact a new transitional justice mechanism that complies with international human rights law, Human Rights Watch and the International Commission of Jurists said Friday.

The Ordinance on Disappearances, Truth and Reconciliation Commission, signed by the president March 14, 2013, was declared unconstitutional and in violation of international human rights law by the Nepali Supreme Court Jan 2.

The Supreme Court ordered that the ordinance be repealed or amended significantly to bring it in line with Nepal's obligations under national and international law.

However, on Jan 27, the government reintroduced the ordinance with no amendments in a meeting of the legislative-parliament, in direct contravention of the Supreme Court orders.

"Tabling a rejected version of the ordinance after the Supreme Court's landmark judgment on transitional justice is contemptuous, and raises serious concerns over the government's respect for the rule of law in Nepal," said Ben Schonveld, South Asia director at the International Commission of Jurists.

The Interim Constitution says clearly that the Supreme Court's rulings are binding on the Government of Nepal.

Article 116 of the interim constitution states that any order issued by the Supreme Court in the course of the hearing of a case shall be binding on the government of Nepal and all its offices and courts.

The Supreme Court has previously held that any mechanism for transitional justice must conform with international standards, lead to accountability for serious human rights violations, and ensure victims their right to remedy and reparations, which includes the right to truth, justice, and guarantees of non-recurrence.