A/HRC/16/23 For example, the Army has consistently maintained that the decision of its court martial proceedings in the Maina Sunuwar case, which sentenced the responsible officers to temporary suspensions, constituted appropriate punishment. 25. Finally, the failure of the Government to implement National Human Rights Commission recommendations is also a significant obstacle to addressing impunity. In the 10 years since its establishment, such recommendations have been fully implemented by government bodies in less than 9 per cent of cases and only to the extent of providing financial compensation to victims rather than leading to actual prosecutions. The Government reports that it has established a follow-up mechanism to improve the implementation rate of National Human Rights Commission decisions. C. 1. Legal challenges Criminalization of international crimes 26. The domestic legal framework for prosecution of serious human rights violations and abuses remains inadequate. Serious human rights violations, such as torture, enforced disappearances, and crimes against humanity, which should be prosecuted in accordance to the State’s international legal obligations, are still not criminalized under Nepalese law. Nevertheless, the Government is currently drafting a comprehensive penal code with provisions criminalizing torture, enforced disappearances and crimes against humanity. 27. There have been some positive developments in relation to the criminalization of enforced disappearances, with a draft enforced disappearances bill introduced in Parliament in early 2010. Nevertheless, the draft is not fully in accordance with international standards and has yet to progress through Parliament. Furthermore, existing legislation fails to criminalize acts of torture and ill-treatment despite a Supreme Court ruling of 2007 requiring this. The Government announced a new draft bill criminalizing torture, but the document was not made public or tabled before Parliament and there was no consultation during the drafting process. 28. Despite numerous civil society initiatives and a Parliamentary resolution adopted in 2006 directing the Government to accede to the Rome Statute of the International Criminal Court, a proposal for accession has yet to be presented. 2. Establishment of transitional justice mechanisms 29. Despite constitutional requirements and other commitments the transitional justice mechanisms have yet to be established. The Government’s early 2010 submission to Parliament of draft bills for the establishment of the two commissions constituted a positive step, but no further progress has been made, with both bills pending at the Legislative Committee stage. 30. Before submission to Parliament, the draft truth and reconciliation commission bill was revised following a series of public consultations held by the Ministry of Peace and Reconstruction in cooperation with OHCHR-Nepal. While notable improvements to the draft resulted, further changes remain necessary to bring it into line with relevant human rights standards, including the addition of provisions to ensure a transparent process for the selection of commissioners and the commission’s independent ability to appoint staff. Furthermore, the current text includes amnesty provisions which could undermine State obligations under international law to investigate and prosecute serious crimes under national or international law. The emphasis on a reconciliation approach may undermine the rights of victims and the need for protection of witnesses and victims. 8