A/HRC/4/97
page 12
infrequent. An agreement between CPN(M) and PS in Nawalparasi brokered by NHRC
contributed to this, though some PS members remain armed and a potential threat. As in the
Eastern Terai, police are reluctant to investigate or intervene to prevent acts of violence by such
groups.
IV. ACCOUNTABILITY
42.
Transitional justice, including accountability for past violations, has become a key issue
of debate in the context of the peace process. The Comprehensive Peace Agreement includes the
establishment of a Truth and Reconciliation Commission to investigate human rights violations
and to “build an atmosphere for reconciliation in society”. The Agreement further commits the
parties to pursue impartial investigations, to “not encourage impunity” and to ensure the right of
victims to “relief”. In response to increasing interest in the issue, OHCHR is providing
information and advice to policymakers and building capacity among civil society actors,
stressing the need for an extensive period of awareness-building and consultations with broad
constituencies, including victims’ groups, before the terms of references of the Truth and
Reconciliation Commission are developed by an interim Government. OHCHR continues to
stress the important link between truth-seeking mechanisms and the prosecution of perpetrators,
providing reparations to victims and reforming malfunctioning institutions. The Comprehensive
Peace Agreement does not address the issue of prosecutions for past human rights abuses.
43.
Immediately after taking office, the new Government appointed a five-member
High-Level Commission of Inquiry, chaired by former Supreme Court judge Krishna Jung
Rayamajhi, to investigate human rights violations and abuse of State funds since
1 February 2005, including those committed during the April 2006 protests. Its report was
submitted to the Government on 22 November, reportedly with over 200 names of individuals
against whom action was to be taken. The Council of Ministers appointed a committee to study
the findings. However, the Government has resisted repeated calls to make the report public and
OHCHR has been unable to obtain a copy. In September, OHCHR had submitted to the
Commission the report of its own findings of investigations into excessive use of force by
security forces during the April demonstrations.
44.
Clarifying and ensuring accountability for hundreds of disappearances by the security
forces and by CPN(M) is a key OHCHR concern. The Comprehensive Peace Agreement
committed both parties to taking strong measures to address issues related to disappearances,
reaffirming commitments made in previous agreements. These included making public the
status of people in their captivity and releasing them all within 15 days, and to make public
within 60 days names of those disappeared or killed during the conflict and inform the family
members. As of the beginning of January 2007, these provisions had yet to be implemented. In
addition, the 8 November Agreement included a provision to “form a high-level commission to
investigate and publicize the whereabouts of the citizens stated to have been disappeared by the
state and the Maoists in the past”.
45.
A directive given to the Government by the Parliamentary Committee on Foreign Affairs
and Human Rights to form an “all-powerful commission to solve the issue of disappearances
once and for all” on 25 July 2006 has not been implemented either. As per the directive, the
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