OHCHR-Nepal Calls for Disappearance Commission of Inquiry Which Meets International Human Rights Standards

Yesterday, 4 July, OHCHR-Nepal met with the Minister for Peace and Reconstruction to hand over a letter raising concerns regarding the commission of inquiry on disappearances which was recently established by the Government of Nepal.

The Government based its decision to create a commission of inquiry on the Commission of Inquiry Act, 1969. However, on 1 June 2007, the Supreme Court had issued a groundbreaking decision ordering the Government to enact a new law on enforced disappearance which is in accordance with international human rights standards. It also ordered the Government to form a commission of inquiry after the adoption of such a law. In its decision, the Supreme Court explicitly stated that the Commission of Inquiry Act did not meet international standards.

OHCHR-Nepal is calling on the Government to fully implement the Supreme Court’s decision, and ensure that any commission of inquiry which is established to investigate disappearances meets international human rights standards. Such standards must be reflected in the composition (including those carrying out investigations), terms of reference and procedures of a commission of inquiry so that it is credible, competent, impartial and independent, and so that it respects the rights of both victims and alleged perpetrators. OHCHR-Nepal notes that the Nepalese human rights community as well as families of the disappeared have already raised serious concerns regarding the legal basis on which the commission was established as well as questions about the independence, impartiality and competence of the members appointed to the commission of inquiry.