Amendment to Limitation

The third amendment to the “Bill relating to providing for disappearances” put forth by the Transitional Justice Advocacy group deals with the section on limitation
Section 26 of the bill reads:
(1) The complaints shall have to be lodged within six months from the date a person is known to have disappeared, or the disappeared person becomes public.
(2) Notwithstanding anything contained in Sub-Clause (1), the complaints shall have to be lodged within six months of promulgation of this Act for those disappeared persons who were made disappeared before the commencement of this Act.
(3) Notwithstanding anything contained in Sub-Clause (2), the statute of limitation for bringing the complaints for the matters relating to the investigation to be carried out by the Commission shall be as prescribed by the Commission.
The proposed amendment states:
“There shall be no limitation for the offence of disappearance. Provided that, regarding the lodging of complaint in the Commission, complaint or information may be submitted to the commission under the procedure prescribed by the commission until the commission functions.”
With the following reasoning:
It is inherent characteristic of the act of enforced disappearance that the violation continues until the fate of the victim or the case of the disappearance is unresolved. Section (8) of the Convention against enforced disappearance clearly stated the continuous nature of the offence of disappearance. In its decision of  1 June 2008 the Supreme Court has stated that ‘provision on continuous search of the disappeared person is necessary until the fate of such person is resolved’. Nonetheless the fate of the disappeared is resolved, Section (8)(1)(a) of the convention states that the limitation is to be of long duration and proportionate to the extreme seriousness of this offence.

Disappearance Bill Amendments

In May of 2010, the advocacy group on Transitional Justice – supported by human rights organizations in Nepal including Advocacy Forum, International Centre for Transitional Justice, International Commission of Jurists, Amnesty International and INSEC – drafted a series of proposed amendments to the Disappearance Commission Bill.
NEFAD Chairman Ram Kumar Bhandari drafted these amendments on behalf of the Transitional Justice advocacy group. They were submitted to the chief whip of each of the major political parties – Nepali Congress, Communist Party of Nepal – United Marxist-Leninist, Communist Party of Nepal – Maoist, and the Madhesi Front – as well as members of the committees on the DC and TRC and more than 30 members of the Constituent Assembly.
Unfortunately at this point in time there is significantly less discussion regarding the Disappearance Commission Bill than the Truth and Reconciliation Commission. The DC bill is often overlooked in political deals including recent and previous extensions of the Constituent Assembly.
We will be posting the proposed amendments to the constitution over the next days, be sure to check back for detailed updates.

Advocacy Meeting on TJ in Fall of 2009

 Photo by Erik B. Wilson