August 30th International Day of the Disappeared

August 30th marks the International Day of the Disappeared. This year, NEFAD together with the International Committee of the Red Cross and the Nepal Red Cross Society will be hosting an event in the memory of the more than 1,400 people disappeared during the People’s War. Regional events will be held as well. The events are as follows:

Central Event in Kathmandu

1. Main event on August 30 ICRC, NRCS and NEFAD, interaction and press release program at NRCS Hall, Kalimati at 11:00 am (about 100 families are participating in this program)

2. Joint program with National Human Rights Commission in Lalitpur at 2:00 pm.

3. Joint event with TJ Advocacy Group in the evening – Lighting the Memory candles and musical program at Patan Durbarsquare. From 5:00 pm onwards

Regional events

Midwestern Region in Gulariya, Bardiya District (400 families are participating in this program)

Eastern Region in Jhapa District (100 families are participating)

In the rest of districts, NEFAD is coordinating for commemoration program with Nepal Redcross Society across Nepal.

NEFAD has also prepared the following Solidarity Postcard that has been distributed to more than 1400 families across Nepal to commemorate the day.

NEFAD Postcard

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.

Amendment to Punishment

The second amendment to the “Bill relating to providing for disappearances” put forth by the Transitional Justice Advocacy Group is on the portion of the bill dealing with punishment
Section 6(1) of the bill reads:
Punishment: (1) The person, who commits the offence pursuant to this Act, shall be subjected to the following punishment:
(a)      If anyone, by knowing the period and even the condition of the disappearance, disappears a person; the principal offender shall be subjected to an imprisonment of up to seven years  years and a fine of up to Five Lac rupees.
(b)      The person who indulges in an attempt to disappearances, or engages in a conspiracy, or act as an accomplice, or assists in any manner whatsoever, shall be subjected to half of the punishment imposed to the principal offender.
The proposed amendment states:
The person, who commits the offence pursuant to this Act, shall be subjected to the following punishment:
(a) If anyone, disappears a person; the principal offender shall be subjected, taking into consideration the period and condition of disappearance, to an imprisonment of three to fifteen years and a fine of up to a million rupees.  Person committing a crime against humanity shall be liable for life-imprisonment.  
With the following reasoning:
It is an essential element of the justice system based on rule of law that the punishment for the offence should be proportional. When disappearance is carried ouunder systematic policy, it becomes heinous crime. Therefore, Section (7) of the Convention against Enforced Disappearance has provided that the punishment should address the ‘extreme  seriousness of the enforced disappearance’.  

Amendment to Definition

This is the first in a series following the previous post regarding the proposed amendments to the “Bill Relating to Providing for Disappearances” submitted by the Transitional Justice Advocacy Group. We will be listing the proposed amendment, preceded by the original text of the bill.
The first amendment was with regards to section 2(a) of the disappearance bill pertaining to definition
Section 2(a) Reads:
Definition: In this Act, unless the subject or context otherwise requires:
(a)      “Disappearances” shall refer to the following acts:

(1)      If any person arrested, detained, or taken control of by any other means, is not allowed to meet the concerned stakeholders even after the period to present her/him before the authority, which hears the case, has already been elapsed but no information in relation to where, how or in which condition the person has been kept is provided by the person having the legal authority to arrest, investigate or implement the laws, or by the security personnel, or deprived her/him from the protection of law.

(2)      If any person is arrested or abducted, taken control of or deprived of from his/her personal liberty in any other ways by any organization or organized or unorganized group but no information is provided on such control or deprivation after twenty four hours time is elapsed, or no reason of such deprivation is furnished and no information in relation to where, how and in which condition the person has been kept is provided to the stakeholders.

The proposed amendment states:
In the Section 2(b), after 2 (a) of the proposed bill, definition of the ‘enforced disappearance as crime against humanity’ is to be included in the following manner:
In case the acts pursuant to Section 2 (a)(1) and (2) is part of the widespread or systematic attack  targeted against civilian population, it shall denote ‘enforced disappearance crime against humanity’   
With the following reasoning:
Under international law, specific legal condition is necessary for any act to become crime against humanity which equally applies in Nepal also. Therefore it is necessary to define ‘Enforced Disappearance Crime against Humanity’ along with ‘enforced disappearance’  

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

International Day of the Disappeared

Each year August 30th marks the International Day of the Disappeared, an important day for the more than 1,300 families in Nepal who continue to wait for the truth concerning the whereabouts of their loved ones.  Since its inception two years ago, NEFAD has been an active organizer and participant of events to commemorate IDD.  This year, the organization and its representatives took part in 3 days of programs including those organized by Amnesty International, INSEC and Advocacy Forum in the Kathmandu Valley.  The final event on the evening of August 30th was a candlelight vigil in Kathmandu’s Durbar Square where a candle was lit in memory of each disappeared person.  NEFAD also unveiled its poster and logo at this event (seen below).  NEFAD would like to thank all those in attendance and express our eternal solidarity in the continued struggle for truth and justice.
NEFAD Poster

NEFAD Members hold the newly designed campaign poster

IDD Basantapur

NEFAD members light candles in memory of those disappeared

IDD Basantapur

NEFAD members light candles in memory of those disappeared

IDD Basantapur

Candle lighting ceremony at Kathmandu's Durbar Square

Photos by Erik B. Wilson