On the occasion of International Day of Disappeared, Advocacy Forum (AF), a national human rights NGO, stands with the families of disappeared persons and demands that the whereabouts of those who have disappeared in Nepal are made public and those who have committed these crimes be brought to justice.
Enforced disappearance is not only a crime but it is also a grave human rights violation. This act does not just violate the right of the person who is disappeared, it also violates the rights of the families and relatives who continue to mourn and suffer the loss of their loved ones because they do not know what has happed to them.
The comprehensive Peace Accord signed between the Government of Nepal and the Nepal Communist Party of Nepal in November 2006, stated that the whereabouts of those who have disappeared would be made public within 60 days. Ten months have already passed but the Government has taken no meaningful initiatives in this direction. The Government has failed to respect the rights of victims and the rights of their families. These families deserve to know the truth. They also deserve justice and reparations. AF denounces the Government for its failure to act and requests that the Government fulfill the promises it made to the people of Nepal in November 2006.
The lack of political will to address the problem of disappearances and the lack of accountability are the major challenges families of disappeared persons and the human rights community face in their attempt to persuade the Government to address these fundamental human rights violations. Many writs lodged with the courts by families of disappeared persons have been quashed on the ground that there is no law to provide detailed procedural guidelines about the remedies the courts may provide in respect of these cases! Nevertheless, the continuous fight of the families of disappeared persons and the human rights community has led the Supreme Court of Nepal to voice its concern about the problem of disappearances in Nepal. On 1 June 2007, the Supreme Court of Nepal ordered the Government to immediately investigate all allegations of enforced disappearances, to establish an independent commission to conduct investigation and to enact comprehensive legislation that would criminalize enforced disappearances. However, the Government has failed to adhere to the order of the Supreme Court. Instead, the Government decided to form the commission under the Enquiry Commission Act of Nepal which according to the Supreme Court is inconsistent with Nepal’s international obligations! The civil society organizations of Nepal and the families of disappeared persons resolutely reject the Governments proposed course of action as it blatantly disregards the decisions of the Supreme Court as well as Nepal’s national and international obligations.
Reports also show that around 350 people have been disappeared at the hands of the Maoists. Despite the commitments made by the Maoists in November 2006, they too have failed to make the whereabouts of these disappeared persons public. AF also calls upon the Maoists to give priority to the establishment of an independent commission and comprehensive legal mechanisms that will ensure the victims rights to truth, justice and reparation.
AF is also concerned about the lack of consultations with the victims and civil society about the formation of the commission and the drafting of legislation on disappearances and the truth and reconciliation commission. AF demands that the process of wider consultations with victims groups, civil society organizations and UN OHCHR in Nepal be commenced immediately.
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