Nepal

KATHMANDU: People from various indigenous communities of the country observed the International Day of the WorldIndigenous Peoples by organising a peaceful protest rally from Bhrikuti Mandap (Bwojyaa Khya in Nepal Bhasa) to Maitighar Mandala (Fibwa Khya) today.

This day, in the previous years, was marked by organising various programmes and an event in Tundikhel (Ti Khyo). However, this year the indigenous group held a rally as a sign of protest showcasing their dissatisfaction with the state for not creating an inclusive environment.

For almost over a month, the Nepal Federation of Indigenous Nationalities (NEFIN) has been staging demonstrations against the vacancy notice published by the Federal Public Service Commission to recruit 9,161 employees at 515 local levels, calling the notice a barrier to inclusion and that it did not comply with the reservation policies as guaranteed by the countryconstitution.

World Indigenous Peoples Day is marked today as the first meeting of the United Nations Working Group on Indigenous Populations of the Sub-Commission on the Promotion and Protection of Human Rights was held on this very day in 1982.

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Kathmandu, August 8

Lawmaker of the ruling Nepal Communist Party (NCP) Janardan Sharma today said Nepaltransitional justice process had drawn global attention, and that the issue should not be neglected.

He said the government was not serious about appointment of commissioners in the Truth and Reconciliation Commission and the Commission on Investigation of Enforced Disappeared Persons.

&Neglecting the issue will leave incomplete the job of addressing conflict victims& voices, delivering justice to victims, ascertaining truth, and reconciliation,& he said. &Ultimately, the entire peace process will remain incomplete.&

The two commissions have remained vacant ever since their commissioners retired in April. They have collected more than 63,000 complaints on conflict-era rights violations.

The government had formed the selection panel in the last week of March. The panel has been criticised for postponing its decision making time and again, under various pretexts. Victims have charged that the committee is doing nothing but awaiting political consensus on appointment of commissioners in TRC and CIEDP. The committee has collected 57 applications for the post of chairpersons and members of the commissions.

Political parties, especially the NCP, has been embroiled in internal factional feuds, resulting in delay in reaching a consensus. Leaders involved in cross-party talks have said the situation is so worse that dialogue on the matter has come to a grinding halt and they do not see headway anytime soon.

The victims, on the other hand, have demanded that the Transitional Justice Act be amended first in line with Supreme Courtverdicts, and a fresh and transparent process to appoint commissioners be initiated by reconstituting the selection committee. Four international rights organisations— Amnesty International, International Commission of Jurists, Human Rights Watch, TRIAL International—recently called on the government to suspend the current process of appointment of commissioners in two transitional justice bodies, and initiate a new consultative and transparent process for the same.

They also urged the government to follow through on commitments to amend the Transitional Justice Act in line with Nepalinternational human rights standards and the Supreme Courtrulings, and adopt and publicise a plan for taking the transitional justice process forward.

According to the apex courtruling there should not be amnesty for grave human rights violations such as extra-judicial killing, enforced disappearance, torture, rape and other acts of sexual violence; the statute of limitations for grave offences must be removed; cases recommended by the TRC and the CIEDP must be prosecuted; torture and enforced disappearance must be criminalised through the enactment of laws; cases before court cannot be transferred to the TRC or the CIEDP; dignified and respectable reparation for victims; and reconciliation cannot be made without the consent of victims.

The government has maintained that amendment will be done on the basis of six factors—the Comprehensive Peace Accord; Nepalnational and international obligations related to human rights; fundamental principles of the transitional justice; decisions and orders of the Supreme Court; sentiments of conflict victims; and Nepallegal and political processes.

However, the process has been completely halted now.

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Kathmandu, August 8

Nepali Congress Spokesperson Bishwa Prakash Sharma today condemned the ruling Nepal Communist Party (NCP) for projecting Nepali Congress as undemocratic and unpatriotic force in NCPpolitical document.

Sharma said this at a press conference organised at party headquarters in Sanepa, Lalitpur, today.

&Our partyCentral Working Committee will make final comment on the ruling partyobservation against us but, for now I want to say that the ruling partyhas a jaundiced view of our party,& he said and added that his party had been playing lead role since its inception to champion the cause of democracy, parliamentary system, inclusion, free press, independent judiciary, private property and individual freedom. &Our party has inspired the communists who believed in forceful overtaking of the state power in joining the peaceful politics,& he said and added that his party viewed the competing political parties as friendly forces. Sharma said the day communists embraced this view of fair competition, their notion about other political forces would also change for better.

Sharma also said his party was surprised to learn that NCP was headquartered on government land. Sharma said expressed dissatisfaction over a provision in the new Civil Service Bill.

Sharma said parties could hold discussion on how to make the conducts of trade unions practical but there should be no indirect attempts to prohibit trade unions. &All organisations that helped restore democracy in the country are important partners of NC and the NC does not support any attempts to discourage those organisations,& he said.

The NC spokesperson demanded that the Commission for the Investigation of Abuse of Authority should probe Gongbu Bus Park land controversy case. &In initial years when Gongbu Bus Park was built with the assistance from Japan International Cooperation Agency, the bus park was in a good shape but, many structures have been built on the premises of the bus park violating the agreement signed with JICA,& Sharma said.

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