Nepal's former Maoist rebels and security forces could be granted amnesty for war crimes committed during the country's decade-long civil war except in case of rape or sexual violence, a senior minister said today.
The government yesterday tabled a bill in Parliament for setting up a Truth and Reconciliation Commission (TRC) and a Commission on Enforced Disappearance (CED) after years-long dispute over provisions for granting amnesty that remained a thorny issue among Nepal's three major political parties.
Under the proposed law, the commissions will have the right to grant amnesty except in rape case, said Minister for Law and Justice Narahari Acharya, who introduced the bill.
"Those involved in the serious human rights violations can be punished if the commissions decide so," Acharya told PTI.
The bill has categorised nine serious acts of human rights violations - murder, abduction and holding hostage, enforced disappearance of individuals, making one disabled, mental or physical torture, rape or sexual violence, looting, seizure or vandalising personal or public property and enforced displacement from home or any kind of inhumane act counter to international human rights law.
However, the commissions may not recommend to the government to punish perpetrators, who have already reconciled with victims except in case of rape or sexual violence, according to the proposed bill.
Without taking the consent of the victim, no amnesty can be granted to perpetrators, Acharya said.
The commissions can recommend to the government to punish those found involved in crimes of serious violation of human rights, he said. Similarly, those recommended for amnesty shall not be punished as per the provision.
Both the security forces and Maoist rebels are accused of rights violations including killings, rapes and torture during the decade-long civil war that ended in 2006.
The conflict between Maoist guerrillas and the state left over 16,000 dead. At least 1,300 went missing, according to UN figures.
The government decided to form two separate commissions following weeks-long negotiations among the three parties - the Nepali Congress, CPN-UML and main opposition Unified CPN-Maoist.
Earlier, the Maoist-led government in 2013 had decided to form a single commission.
The delay in tabling the bill was caused by the Maoists who had been pressing for making provision for unconditional amnesty for the war time crimes.
