A/HRC/19/58
Information from the Government
479. The Government transmitted one communication to the Working Group dated 20 June
2011. In this communication, it replied to the annual reminder concerning outstanding cases
transmitted by the Working Group on 20 April 2011. The Government reported that under
article 33 (s) of the Interim Constitution of Nepal of 2007, the responsibility of the State
includes the constitution of a High-Level Truth and Reconciliation Commission to
investigate the facts and about those persons involved in serious violations of human rights
and crimes against humanity committed during the course of the conflict. Similarly, article
33 (q) stipulates the provision of relief of the families of the victims on the basis of the
report of the Investigation Commission constituted to investigate the cases of persons who
were subjected to enforced disappearance during the conflict. Likewise, clause 5.2.5 of the
Comprehensive Peace Accord concluded between the then Government and the Nepal
Communist Party on 21 November 2006, states that both parts agree to constitute a HighLevel Truth and Reconciliation Commission to investigate the truth about those who have
seriously violated human rights and those who were involved in crimes against humanity in
the course of the armed conflict and to create an environment of reconciliation in the
society. The Government informed the Working Group that it has presented two bills in the
Legislature Parliament for the formation of the said commissions which are the final stage
of approval following discussions at the Legislative Committee of the Parliament. The two
Commissions to be formed after the approval of these bills by the Parliament shall
investigate into the 458 cases referred to by the Working Group and bring the truth to the
surface about them.
480. The Government highlighted that the proposed commissions would facilitate the
management of the conflict smoothly through, among other things, investigating actual
facts on the grave violations of human rights during the armed conflict, finding the truth
about those who disappeared or made disappeared, identifying perpetrators, collecting facts
and evidences, making recommendations as to the actions to be taken against the guilty,
and recommending relief to the family of those who are disappeared or made disappeared.
The Government further indicated that it remains fully committed to implement the
directions of the Supreme Court to make a separate law on disappeared persons and form a
commission on disappeared persons to investigate into the matter. In this context, the
Government indicated that the commissions would have a prominent role in the
investigation and evaluation of the said 458 cases.
481. The Government informed the Working Group that the National Human Rights
Commission has carried out the exhumations of the remains of five persons whose cases are
outstanding with the Working Group and that their DNA tests are under way.
482. The Government also indicated that the 458 reported cases appear to have occurred
during the ten year long conflict, which is a special kind of situation. In order to address
such a situation, the Government indicated that the truth and reconciliation commission and
the disappearance commission are in the process of being formed. Hence, the Government
reassured that the necessary steps would be taken following the proposed bills take legal
form.
483. Finally, the Government reiterated that it is committed to investigating into the grave
violations of human rights during the armed conflict, find the truth about the disappeared or
forcefully disappeared persons, and respect, protect and promote the rights guaranteed by
national and international instruments with reference to the disappeared persons.
Request for a visit
484. On 12 May 2006, the Working Group requested to undertake a follow-up mission to
Nepal. A reminder letter was transmitted on 20 July 2009. On 2 October 2009, the
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