Impaired Accountability: State of Disappearance in Nepal

Impaired Accountability: State of Disappearance in Nepal

Type :	Report
Title :	Impaired Accountability: State of Disappearance in Nepal
Source :	Informal Sector Service Centre
Date Added:	3-Sep-2008
Publication Date :	1-Aug-2008
URL :	http://www.humansecuritygateway.info/documents/INSEC_Nepal_Disappearances.pdf

Enforced or involuntary disappearance is a complex criminal offense that involves violation of a number of fundamental freedoms and basic human rights, including the right to personal freedom and security, the right to have legal remedy, the right against torture or other cruel, inhuman and degrading behaviour, and the right to life as such.

The government of Nepal has not created any mechanism as to probe into the cases of serious crimes such as the act of disappearance and to punish the offenders. Such inaction has crippled the lives of hundreds of victims and some thousands of their family members and relatives who are living traumatised life for years. In other words, the victims and their families have been re-victimized by the deepened culture of impunity and the mercy of inaction.

Families of the missing persons, independent experts of the United Nations (UN), the UN Office of the High Commissioner for Human Rights in Nepal (OHCHR-Nepal), a number of national and international human rights organisations and their networks have been raising concerns over alleged cases of disappearance and culture of impunity in Nepal.

The human rights community has been urging the government to, among other things, make a law defining 'disappearance' an act of criminal offense and provide for substance mechanisms to bring the perpetrators to justice, and form a high-level probe commission on disappearance charged with a broader and strong mandate. In this report, situation of disappearance has been analysed in particular reference to the implementation of recommendations of the United Nations Working Group on Enforced or Involuntary Disappearances (WGEID) following the Group's visit to Nepal in December 2004.

In addition, the status of national and international mechanisms has also been discussed with particular focus on those providing for human rights of disappeared persons. A number of recommendations have been made for the government, international community and civil society organisations drawing their attention, among others, to prioritize their actions towards putting an end to impunity and take steps to make public the whereabouts of allegedly disappeared persons and to protect those persons' basic rights and fundamental freedoms. This report is expected to be useful for diverse sectors of individuals and organisations, including the WGEID, that concern with the situation of disappearance in Nepal. Sphere: Related Content