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Activities

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  • Coordination among Human Right Organizations and civil society
  • Using lobbying , advocacy and civic diplomacy to curb impunity and to promote human rights and rule of law
  • Strictly monitoring the process of formation of TRC, Disappearance -Commission so that the transitional justice mechanisms will be established  in line with internationally accepted principles
  • Extending cooperation to local/national/international initiatives for ending impunity
  • Sensitization on issues surrounding TJ, Accountability and impunity amongst various stakeholders
  • Provide a platform for discussion, debate and consultations on relevant issues
  • Creation of a consensus-based broader national frame-work for transitional justice
  • Enhancement of better  coordination, safety and security  of  HR Defenders

Minutes of Accountability Watch Committee (AWC) Meeting on the Position Paper of Truth and Reconciliation Ordinance (TRC).


Venue and Date: Union House, Anamnagar 24th M arch, 2013 (11 Chaitra 2069)

Members Participated: Sushil Pyakurel, Chair AWC, AWC Members: Hari Phuyal, Shovakar Budhathoki, Kanak Mani Dixit, Birendra Thapaliya, Hari Bansh Tripathi (Advocacy Forum), Subodh Raj Pyakurel, Kamala Panthi (Sancharika Smauha), Shobha Gautam (Nepal Press Institute ), Sharmila Karki ( NFN), Omprakash Aryal( Advocate), Janak Bahadur Raut (Conflict Victim Society for Justice) Phanindra Luitel (Guna Luitel Foundation)  and Vivek Dhungana (INSEC) Yagya Raj Thapa (Democratic Freedom and Human Rights Institute ( DFHRI).

The meeting started with the opening remarks by the Chair of Accountability Watch Committee (AWC). AWC discussed on the draft version of position paper of the Truth and Reconciliation Ordinance (TRC) which was passed on 14th March 2013. AWC totally rejects the TRC Ordinance. In the meeting Sushil Pyakurel stated that the formation of Truth and Reconciliation Ordinance (TRC) is not oriented to do justice to the victims. The TRC, which will be for the long term provision, is not much consulted with its stakeholders. Still in Nepal law against torture is not categorized. Sushil Pyakurel doubted it's subject to the satisfaction. He also added that the role of media to the human rights issues is not satisfactory. So, he focused that media mobilization is necessary for human rights issues.

In the meeting AWC member Hari Phuyal said that the TRC is right from the beginning is full of flaws. He pointed out the restraints which are the evidence that the TRC is not being justifiable to its stakeholders. He said that it is more use of technical words which is limiting its legal horizon. The recognition of the victims, perpetrators is a complex process which might be forceful to implement.

Another participant of the meeting Haribansh Tripathy opined that the TRC's preambles are beautiful and had cosmetic appearances but he raised question on the TRC content and its process of formation.

 He added that it is very sensitive issue but the way it is formed is not constitutionally satisfactory.

Participants of the meeting opined about the draft of AWC's POSITION PAPER highlighting Article wise. The meeting has also decided to finalize the final draft by Hari Phuyal, Haribansh Tripathi and Shobakar Bhudhathoki. AWC meeting has further decided to publicize the draft via press conference. Press conference will be on 25th of March 2013 (12 Chaitra 2069) at 3 pm, Union House Anamnagar.

 

Minutes of Accountability Watch Committee (AWC) meeting with



Sabina Lauber (Asia Pacific Human Rights Officer, OHCHR)

Venue and Date: Hotel Summit on 17 February 2013 (6 Falgun 2069)

Members Participated: Sushil Pyakurel, Chair AWC, Sabina Lauber (OHCHR), AWC members: Kapil Shrestha, Subodh Pyakurel, Charan Prasain, Sobhakar Budhathoki, Suman Adhikari, Gopal Krishna Siwakoti, Birendra Thapaliya, Som Niroula (Alliance for Social Dialogue), Yagya Thapa (DFHRI), Sanjaya Aryal (OHCHR) and Ranjana Thapa (OHCHR).

The meeting began with the welcoming remarks by the Chair of Accountability Watch Committee (AWC) for the OHCHR’s support to AWC. The meeting convened with the discussion of the OHCHR’s Nepal Conflict Report 2012 along with the issues of accountability, impunity, rule of law and current human rights situation of Nepal.

Discussions of the meeting:

  • The meeting has decided to publish Nepali version of the Nepal Conflict Report 2012 and disseminate the Conflict Report 2012 in local and regional level as a tool for campaign against the culture of impunity and violation of human rights in armed conflict.
  • The government has denied justice in the cases like Niranjan Basnet, Raju Basnet etc. The former governments had also denied punishing the perpetrators of gross human rights violation. This undermines the right to justice of the victims’.
  • The meeting also condemned the decision of appointing Chief Justice (CJ) as head of the government. In this case, how the upcoming CJ will implement the decision of the court as head of the government.
  • In the case of Dekendra’s murder, a new issue has emerged that the government is being aggressive towards human rights defenders. The government is not supporting the media personnel for example in the case of beating journalists in Banepa by UCPN- Maoists. In this backdrop, the human rights defenders are keenly observing the cases of human rights violation.
  • The human rights defenders expressed their commitment and willingness to combat culture of impunity. In addition, human rights defenders are working to provide justice for the victims. In this difficult situation, HRDs are consistently looking for support from international and national communities to establish rule of law and have collective campaign.
  • Sabina Lauber, Human Rights Officer of Asia Pacific, opined that any threat and harassment to human rights defenders should be communicated and forwarded to OHCHR and Special Rapporteur which is going to be included in the upcoming UPR review.


Minutes of Accountability Watch Committee (AWC) meeting with



Mr. Sam Zarifi (Asia Pacific Director, ICJ) & Mr. Ben Schonveld (South-Asia Regional Director, ICJ)

Venue and Date: Yalamaya Kendra, Patan on 28 January 2013 (15 Magh 2069)

Members Participated: Sushil Pyakurel, Chair AWC, Sam Zarifi (Asia Pacific Director, ICJ), Ben Schonveld (South- Asia Regional Director, ICJ), Mr.Frederick Rawski ( Nepal Country Representative, ICJ), AWC Members: Prof. Kapil Shrestha, Hari Phuyal, Charan Prasain, Govida Sharma ‘Bandhi’, Dipendra Jha, Shovakar Budhathoki, Bishnu Pukar Sthretha, Hari Bansh Tripathy, Bijaya Raj Gautam (INSEC), Dinesh Tripathy (Advocate of Supreme Court), Jagannath Lamichhane (Youth Campaigner, Occupy Baluwater), Rajendra Ghimire (People Protection Rights Nepal) Bhabes Kumar Labh (Terai Human Rights Alliance), Raju Chapagain (Human Rights Lawyer), Yagya Raj Thapa (Democratic Freedom and  Human Rights Institute DFHRI)

The meeting began with the welcoming remarks by the Chair of Accountability Watch Committee (AWC). Sam Zarifi (Asia Pacific Director, ICJ) and Ben Schonveld (South- Asia Regional Director, ICJ) during their visit to Nepal have requested AWC for a meeting with its members and others Human Rights Defenders of Nepal. The objective of this meeting was to discuss on issues of accountability, impunity, Rule of Law and other issues having adverse impact on Human Rights.

The meeting had been focused on various contemporary issues related to human rights and rule of law. Mr. Ben Schonveld, South- Asia Regional Director, from ICJ expressed his deep concern over the present situation of impunity in Nepal citing Doramba case was the beginning of impunity in Nepal, which was followed by many more such incidents later on. He termed the recent arrest of Colonel Kumar Lama in the UK on charge of War Crime during the insurgency as ‘Politically Significant Movement’ for Nepali. Mr. Ben Schonveld also stated that the constitutional framework of Nepal had become weaken due to ever increasing events of human rights violation. He also suspected over the state or the PM himself for not taking the cases of HR violations seriously.

Mr. Kapil Shrestha, AWC member and former member of National Human Rights Commission said that the democratic and human rights space was continuously sinking due to government’s behavior. He termed Nepal as “the Republic of Impunity and Injustice” in view of government’s apathy towards responding the human rights violation issues. Mr. Kapil Shrestha further accused every political party of violating human rights on contrary to their commitment of respecting the same. Kapil Shrestha further accused that not only Maoists are violating human rights but all the major political parties of Nepal are equally responsible. Mr. Charan Prasai, AWC member, shed light on how the government is generalizing the HR issues terming them as Political Issues. Giving example of their recent meeting with Prime Minister before to discuss on the issues of HR violations, he said, ‘the PM thinks the case of Bal Krishna Dhungel, Niranjan Basnet, Kumar Lama etc. are political issues and should be responded accordingly’. He added that human rights defenders are fighting the current situation as the power of politics and power of democracy.

Mr. Dinesh Tripathy, advocate of Supreme Court had also spoken over the present state of impunity in Nepal. Shedding light on how the relationship between leaders and criminals has affected the issues of Human Rights, Mr. Dinesh Tripathy said that since connection between political leaders and criminals cannot be distinguished, it ultimately leads the authorities toward zero accountability. Similarly, Mr. Raju Chapagain(Human rights lawyer), opined that the ICJ should continue its support for the strengthening of human rights institutions working in Nepal. In addition, he also stated on need of bringing other allies such as former attorneys, lawyers together to fight for the human rights violation issues and to contribute for ensuring rule of law in the country. In the same way Rajendra Ghimire (PPR Nepal) pointed that in this current time period all the political parties are sure not which way to choose either peace process or justice.

Sam Zarifi (ICJ) in the conclusion put forward his opinion that may be it will be more helpful   bringing the people who have prior experience.  But the participants of the meeting showed their concern that each experience is unique in itself. So, it will be more justified if all current situation of adverse impact on human rights violation be solved with our own experiences.

The participants agreed that the cases of Human Rights Violations should be examined with existing legal framework and the culprit should be taken into custody rather than setting free the culprits in the name of transitional justice and reconciliation. The meeting also resolved that the existing provision of Truth and Reconciliation Commission should be reviewed so as to ensure that the persons involved in HR violation and war crime during the conflict period are taken into custody.

 

 

 

 

Minutes of Accountability Watch Committee (AWC) meeting with

Mr. Sam Zarifi (Asia Pacific Director, ICJ) &

Mr. Ben Schonveld (South-Asia Regional Director, ICJ)

 

Venue and Date: Yalamaya Kendra, Patan on 28 January 2013 (15 Magh 2069)

 

Members Participated: Sushil Pyakurel, Chair AWC, Sam Zarifi (Asia Pacific Director, ICJ), Ben Schonveld (South- Asia Regional Director, ICJ), Mr.Frederick Rawski ( Nepal Country Representative, ICJ), AWC Members: Prof. Kapil Shrestha, Hari Phuyal, Charan Prasain, Govida Sharma ‘Bandhi’, Dipendra Jha, Shovakar Budhathoki, Bishnu Pukar Sthretha, Hari Bansh Tripathy, Bijaya Raj Gautam (INSEC), Dinesh Tripathy (Advocate of Supreme Court), Jagannath Lamichhane (Youth Campaigner, Occupy Baluwater), Rajendra Ghimire (People Protection Rights Nepal) Bhabes Kumar Labh (Terai Human Rights Alliance), Raju Chapagain (Human Rights Lawyer), Yagya Raj Thapa (Democratic Freedom and  Human Rights Institute DFHRI)

The meeting began with the welcoming remarks by the Chair of Accountability Watch Committee (AWC). Sam Zarifi (Asia Pacific Director, ICJ) and Ben Schonveld (South- Asia Regional Director, ICJ) during their visit to Nepal have requested AWC for a meeting with its members and others Human Rights Defenders of Nepal. The objective of this meeting was to discuss on issues of accountability, impunity, Rule of Law and other issues having adverse impact on Human Rights.

 

The meeting had been focused on various contemporary issues related to human rights and rule of law. Mr. Ben Schonveld, South- Asia Regional Director, from ICJ expressed his deep concern over the present situation of impunity in Nepal citing Doramba case was the beginning of impunity in Nepal, which was followed by many more such incidents later on. He termed the recent arrest of Colonel Kumar Lama in the UK on charge of War Crime during the insurgency as ‘Politically Significant Movement’ for Nepali. Mr. Ben Schonveld also stated that the constitutional framework of Nepal had become weaken due to ever increasing events of human rights violation. He also suspected over the state or the PM himself for not taking the cases of HR violations seriously.

Mr. Kapil Shrestha, AWC member and former member of National Human Rights Commission said that the democratic and human rights space was continuously sinking due to government’s behavior. He termed Nepal as “the Republic of Impunity and Injustice” in view of government’s apathy towards responding the human rights violation issues. Mr. Kapil Shrestha further accused every political party of violating human rights on contrary to their commitment of respecting the same. Kapil Shrestha further accused that not only Maoists are violating human rights but all the major political parties of Nepal are equally responsible. Mr. Charan Prasai, AWC member, shed light on how the government is generalizing the HR issues terming them as Political Issues. Giving example of their recent meeting with Prime Minister before to discuss on the issues of HR violations, he said, ‘the PM thinks the case of Bal Krishna Dhungel, Niranjan Basnet, Kumar Lama etc. are political issues and should be responded accordingly’. He added that human rights defenders are fighting the current situation as the power of politics and power of democracy.

Mr. Dinesh Tripathy, advocate of Supreme Court had also spoken over the present state of impunity in Nepal. Shedding light on how the relationship between leaders and criminals has affected the issues of Human Rights, Mr. Dinesh Tripathy said that since connection between political leaders and criminals cannot be distinguished, it ultimately leads the authorities toward zero accountability. Similarly, Mr. Raju Chapagain(Human rights lawyer), opined that the ICJ should continue its support for the strengthening of human rights institutions working in Nepal. In addition, he also stated on need of bringing other allies such as former attorneys, lawyers together to fight for the human rights violation issues and to contribute for ensuring rule of law in the country. In the same way Rajendra Ghimire (PPR Nepal) pointed that in this current time period all the political parties are sure not which way to choose either peace process or justice.

Sam Zarifi (ICJ) in the conclusion put forward his opinion that may be it will be more helpful   bringing the people who have prior experience.  But the participants of the meeting showed their concern that each experience is unique in itself. So, it will be more justified if all current situation of adverse impact on human rights violation be solved with our own experiences.

The participants agreed that the cases of Human Rights Violations should be examined with existing legal framework and the culprit should be taken into custody rather than setting free the culprits in the name of transitional justice and reconciliation. The meeting also resolved that the existing provision of Truth and Reconciliation Commission should be reviewed so as to ensure that the persons involved in HR violation and war crime during the conflict period are taken into custody.

 

2011. © Accountability Watch Committee.
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