Accountability Watch Committee (AWC)

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13 July 2014
PRESS RELEASE

Even though since 2006 the political parties have repeatedly committed themselves to establishing transitional justice
mechanisms to deal with conflict era cases, they have been showing a singular lack of in sincerity. Each and every
government since 2008 has brought forward bills and ordinances in Parliament that promote impunity and allow
perpetrators of human rights abuse to go scott free. The organisations representing the victims of conflict as well as the
human rights community and concerned lawyers have been continuously battling these attempts to institutionalise
impunity in the country. For this, it has been necessary to repeatedly seek recourse in the courts, and to appeal to the
international community and related organisations. Meanwhile, the Supreme Court mandamus of 2 January 2014 has
given clear directives to the government regarding the establishment of the transitional justice mechanisms and the
content of the related legislation. The rights community, victims organisation and the international community have been
urging the executive branch to remain within the boundaries set by the Supreme Court when writing the enabling
legislation.

Unfortunately, on 4 May 2014 the Act on the Commission on Disappearances and the Commission on Truth and
Reconciliation was adopted in defiance of the Supreme Court directives and the objections of the National Human Rights
Community, the organisations of conflict era victims, the national human rights community, as well as the UN Office of
the High Commissioner for Human Rights in Geneva. The Accountability Watch Committee (AWC), representing the
community of legal practitioners, human rights activists and conflict era victims, in January 2014 rejected the transitional
justice law as contravening the letter and spirit of the Interim Constitution. The AWC members declared their
unwillingness to cooperate with the Commissions established under the flawed legislation, and not to participate in its
work in any way.

Even as the new constitution of the Federal Republic of Nepal is being drafted in the Constituent Assembly, the political
leadership of the country has deliberately taken to enacting laws that are directly opposed to court directives, the spirit of
the Interim Constitution, established democratic values, and the country's international commitments. The law adopted
on 4 May on disappearances and truth/reconciliation is an additional and example of this dangerous trend. The AWC
regards the recently introduced act on contempt of court as well as the proposed act on non-governmental organisatoin
as further attempts to constrict open democratic society.

Under the deteriorating conditions of human rights, rule of law, impunity, accountablity and democratic values, the AWC
appeals for solidarity and cooperation among the legal practitioners, media professionals and civil society who have
been relentlessly fighting for a just and open society. The AWC calls upon the international community, including United
Nations, donor community and human rights organisations, not to accept nor to cooperate with the proposed
commissions on disappearances and on truth/reconcialiation, given that that are sought to be established under
legislation that goes against the values of human rights and minimum of standards of international practice. We urge all
not to maintain parallel standards when it comes to human rights, justice and democracy.


Sushil Pyakurel
Chair