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Commissions coming

Saturday, April 26th, 2014
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The legislature parliament passed a bill on the formation of the Truth and Reconciliation Commission (TRC) and the Commission on Enforced Disappearances (CED) on Friday after making several amendments to the initial draft.

Both NC and UML Constituent Assembly members had separately proposed amendments to the first draft, but the bill was passed with a majority only after they took back their demands. The amendments proposed by smaller parties were not accepted.

NC CA member Gagan Thapa said he was forced to obey his party whip’s order to withdraw his own proposal for amendments.

The first draft for the TRC and CED was proposed by Law Minister Narahari Acharya on 9 April and contained the phrase ‘missing person’ and not ‘enforced disappearance’. The passed bill includes the latter, but also includes possibility of pardoning criminals depending on the permission of victims and the nature of the crimes.

A meeting between major political parties on 23 April ended with an agreement to make several changes – including provisions for a ‘special court’ to decide cases, compensations to victims on behalf of the government, replacing ‘missing persons’ with ‘enforced disappearances’, and requiring the Attorney General’s office to file cases recommended by the two bodies – to the initial proposal.

Soon after Acharya had tabled the bill at the CA, victims’ communities and the UNHCHR expressed grave concern at the inclusion of loopholes to grant pardons to perpetrators.

Read also:
Haunted by ghosts of the past
Pro-perpetrator justice
The tale of two commissions

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