UN urges Nepal to obey court ruling on outlawing forced disappearance

The Training of Trainers on Human Rights is jointly organized by OHCHR-NHRC and National Human Rights Commission in Dhulikhel, Nepal.

29 August 2010 – The Office of the United Nations High Commissioner for Human Rights in Nepal (OHCHR-Nepal) today urged the Asian country's Government to swiftly implement the landmark Supreme Court decision of 2007 that required the State to enact a law to criminalize forced disappearance of people.

The Supreme Court order, if implemented, would be in compliance with the International Convention for the Protection of all Persons from Enforced Disappearance, OHCHR said ahead of the International Day of the Disappeared, which will be marked tomorrow.

It would also establish a high level commission of inquiry on disappearances in compliance with the international criteria on such commissions of inquiry, require investigations and prosecutions of persons responsible for disappearances, and provide for adequate compensation and relief for victims and their families.

“This Day reminds me those who, year after year, at home, wait to hear about the fate of their love ones and continue to suffer until this relief comes," said Anthony Cardon, Officer-In-Charge of OHCHR-Nepal. “Their rights as well as those of the disappeared are fully guaranteed by international human rights law and the respect and protection of these rights should be a priority in any society,” he added.

Since 2005, the UN Human Rights Office in Nepal has closely witnessed the anguish and anger of conflict victims as well as the consequences for the society of the failure to set up transitional justice mechanisms.

The office said it continues to believe that clarifying the fate of the victims of enforced disappearances and other human rights and humanitarian law violations in Nepal lie at the heart of the peace process.

“Today, I recall that in the historic peace deal of November 2006, both parties to the CPA [Comprehensive Peace Agreement] agreed that making the truth about the disappeared and inform their family was a priority. This will be soon four years ago,” said Mr. Cardon. “Supporting the Government of Nepal in seeking the truth about those women and men who were and remain victims of enforced disappearances is among the priorities of OHCHR-Nepal,” he said.

OHCHR also urged the Government to ratify the International Convention for the Protection of all Persons from Enforced Disappearance, which so far has been signed by 83 States and ratified by 19 others

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