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Maoists protest SC ruling

Tuesday, March 10th, 2015
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UCPN (Maoist) and CPN-Maoist have protested the Supreme Court (SC)’s ruling against amnesty for perpetrators of grave human rights violations.

In a joint press statement, the two Maoist parties say the SC’s ruling is against the Comprehensive Peace Agreement (CPA)-2006 and might create a fresh wave of conflict in the country.

On 26 February, the SC had handed down its verdict on a writ petition jointly filed by 234 conflict victims. The SC’s ruling includes mainly three main points: victim’s consent is required for reconciliation process, cases sub-judice at courts cannot be forwarded to the Truth and Reconciliation Commission (TRC), and amnesty should not be granted for perpetrators of serious human rights violations.

War victims had moved the SC to challenge the existing TRC law, which has a provision for amnesty for perpetrators of human rights violations. But, before the SC responded to their writ, the government formed the TRC and the Commission to Investigate Enforced Disappearances (CIED). On 9 February, a high-level panel had recommended names for Chairs and members of the TRC and the CIED Chairs.

However, conflict victims have disowned the TRC and the CIED, arguing that these transitional justice mechanisms will not have legitimacy unless the controversial provisions of the TRC act are amended. On the other hand, the Maoists argue that the SC’s verdict is against principles of transitional justice and spirit of the CPA-2006 must be honoured.

The CPA-2006, which formally put an end to the decade long Maoist insurgency, states that war crimes should be dealt with by transitional justice mechanisms.

Despite having different political roadmaps, UCPN (Maoist) and CPN-Maoist have always come together for amnesty for perpetrators of human rights violations. They fear that their leaders and cadres will face jail terms if amnesty provision is amended.

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