Resolution-Nepal
WHEREAS concerned with the political
impasse prevailing in Nepal and its adverse repercussions in the peace
process, the constitution-making and the formation of the proposed
transitional justice mechanisms including a commission on
disappearances,
WHEREAS welcoming the incumbent
government's conscientious efforts to finalize the draft legislation on
disappearances
WHEREAS the practice of enforced or
involuntary disappearance is considered a serious crimes and crime
against Humanity if it is practiced widespread and systematic at the
international level,
Concerning the continuous failure of
the government to fulfill the commitments expressed in CPA in dealing
with the legacy of the past HR violations,
WHEREAS it is expedient to ratify the
UN International Convention for the Protection of all Persons from
Enforced/Involuntary Disappearances-1996
WHEREAS recognizing the urgent need to
provide justice and reparation to the families of the disappeared and
the apparent failure of the current interim-relief policy of the
government,
WHEREAS concerned with the persistent
lack of commitment of political parties in contesting the deep-rooted
culture of impunity and the unwholesome practice of promoting security
personnel involved in gross human rights violations to higher ranks
despite condemnations by national/international HR organizations;
WHEREAS stunned by the open defiance
of the Nepal army to handover the accused army major, who was vetted out
from the UN Peace Keeping Mission in Chad, in the emblematic case of
Maina Sunuwar, even when the UN Secretary General Ban Ki Moon requested
the government to follow the due process of law,
WHEREAS extremely worried about a
resurge of armed activities in the Terai region and the growing
involvement of the security agencies in torture and extrajudicial
executions,
Therefore we, the participants of the
Fourth Congress of the Asian Federation Against Involuntary
Disappearance, AFAD guided by the theme - " Consolidate the Gains of
More than a Decade of Struggle: Face Challenges of the Entry into force
the Convention " held in Bogor, Indonesia from 1-5 June, hereby RESOLVE
to strongly urge the concerned Nepalese authorities to immediately
undertake the following measures:
1.
To institutionalize
democracy by resolving individual differences via mutual understanding
and dialogue recognizing the rule of law, due process, human rights and
duties of the state to fulfill the basic human rights of the citizen,
promulgating the new constitution as soon as possible and leading the
peace process to a logical conclusion.
2.
To combat impunity by
starting prosecutions in emblematic cases like Maina Sunuwar and
ensuring institutional reforms by screening out those involved in the HR
violations
3.
To establish the
commission on disappearance as per the legislation finalized after
approval of the bill by amending it some inadequate provisions including
"Statute of limitation" (the present bill fails to recognize the crime
of disappearance as a continuous crime and there shouldn't be any
statutory limitations) and "implementation of the commission's
recommendations" ( to ensure the effective implementation of the
recommendations as none of the recommendations of similar commissions in
the past have been implemented in practice)
4.
To set up the operation
calendar for the proposed Truth and Reconciliation Commission
5.
To scrap all the decisions
to promote the alleged perpetrators and start immediate investigations
for their involvement in human rights violations after suspending them
6.
To investigate all cases
against whom FIR has been filed and where the court have already
instructed to start investigation,
7.
To ensure impartial
disbursement of interim-relief to conflict victims including the
families of the disappeared and framing of a comprehensive reparation
policy and programs
8.
To immediately ratify the
UN Convention for the Protection of All Persons from Enforced
Disappearances, OP-CAT and the Rome Statute (ICC).
9.
To implement the
recommendations of the UNWGEID and other treaty bodies.
SIGNED BY THE DELEGATES AND PARTICIPANTS of the AFAD’s Fourth Congress
on 1-5 June 2010 in Bogor, Indonesia
For further information, please contact:
MUGIYANTO
AFAD Chairperson
081399825960
THE DELEGATES
Fourth AFAD Congress
31 May – 5 June 2010
Jakarta and Bogor, Indonesia
