Himalayan Times; KATHMANDU; TANKA ARYAL;Tuesday, July 26, 2011,
Victimization of people by crime is common phenomenon across the world. However, victimization by war or internal armed conflict and natural calamity is also no less. Whatsoever the reason, the victim should be protected; identification and arrest of the offender should not be a pre-requisite for the redress of the victim. This is the fundamental understanding of a new discipline of study, victimology.
Access to justice and fair treatment, restitution, compensation and rehabilitation are the core areas of the victim’s right. Right to Information (RTI) is the right to know, and it has very close link with the four areas. For remedy and justice, a victim requires the basic information regarding the justice-seeking process. To participate in the trial, the victim should be informed about the court proceeding.
Considering the importance of the right to information as a victim’s right, UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power -1985 has recognized that ‘victims should be informed of their rights in seeking redress’. Similarly, the victims’ right to information on their role and the scope, timing and progress of the proceedings and of the disposition of their cases is protected.
Likewise, realizing the enormous significance of right to information for victims, the draft UN Convention on Justice and Support for Victims of Crime and Abuse of Power – 2010 has provided larger scope of RTI within it. It has provisions that state parties shall ensure that victims have a right to information and provide general information to the victim in the most expeditious and efficient method, which facilitate the victim in the course of justice-seeking process.
Article 27 of the Interim Constitution of Nepal 2007 has guaranteed the RTI of Nepali citizen in general. It says “every citizen shall have the right to demand or obtain information on any matters of his/her own or of public importance.” It does not clearly say about the victims’ right to information; however, a citizen is empowered to seek and receive information of any personal concern. RTI Act 2007 and Regulation 2009 is in practice, however, no specific right to information of victim is guaranteed under the existing legal framework of Nepal. There are some rays of hope. The Committee on Fundamental rights and Directive Principles of the Constituent Assembly (CA) has proposed to include a victim’s right as a fundamental right in the upcoming constitution. Under the proposed provision, right to information of the victim is guaranteed, which says that the “crime victim shall have right to information about the investigation, inquiries and proceeding of the related case.” The victims’ right to information is crucial in regular criminal and civil proceedings. But, the need is for the lawmakers and politicians to focus on drafting a legal provision of transitional justice process, which guarantees the victims’ right to information.
Thousands of victims of past armed conflict have been left unattended. They expect to have strong legal as well as organizational mechanism, whereby they can seek justice and remedy. If the victims are not informed properly about transitional justice implementing system, it would not work effectively and would fail to redress the victim of armed conflict.Truth seeking, prosecutions, reparation of victims, and institutional reforms are the four pillars of transitional justice.
It is significant to cite a case to show the negligence of right to information of victims in the justice process. The government decided to withdraw some cases initiated during the armed conflict after the peace process started, but none of the victims were informed about the process, rationale, and the result of the withdrawal of the cases.
In Nepal, there is an obvious case to show how victims are denied necessary information. The victims of Kapilvastu riot were looking for the report of the related probe commission, but were denied. To know how the probe commission reported their pain and loss was of major concern to them. Further, they wanted to seek remedy on the basis of the report of the probe commission, where many people had been identified as victims of the riot.
The report was asked on the basis of the prevailing RTI legal provisions, but the government rejected it arguing that if the report is publicized, it could destroy social harmony - the exception listed under Section 3 of RTI Act. Finally, National Information Commission (NIC) ordered the Nepal Government to provide the information to the victims.
The victims should be the center of transitional justice, and they should be informed about the whole process and options and alternatives available to them in this justice process. They should be first informed about the available remedies, and then the process, time-frame and result, as well as other basic information.The victims’ right to information is the foundation of total transitional justice process, thus, it should be internalized and incorporated in the upcoming transitional justice provisions, legal as well as institutional setup.
(Aryal is Executive Director, Citizens’ Campaign for Right to Information)
Access to justice and fair treatment, restitution, compensation and rehabilitation are the core areas of the victim’s right. Right to Information (RTI) is the right to know, and it has very close link with the four areas. For remedy and justice, a victim requires the basic information regarding the justice-seeking process. To participate in the trial, the victim should be informed about the court proceeding.
Considering the importance of the right to information as a victim’s right, UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power -1985 has recognized that ‘victims should be informed of their rights in seeking redress’. Similarly, the victims’ right to information on their role and the scope, timing and progress of the proceedings and of the disposition of their cases is protected.
Likewise, realizing the enormous significance of right to information for victims, the draft UN Convention on Justice and Support for Victims of Crime and Abuse of Power – 2010 has provided larger scope of RTI within it. It has provisions that state parties shall ensure that victims have a right to information and provide general information to the victim in the most expeditious and efficient method, which facilitate the victim in the course of justice-seeking process.
Article 27 of the Interim Constitution of Nepal 2007 has guaranteed the RTI of Nepali citizen in general. It says “every citizen shall have the right to demand or obtain information on any matters of his/her own or of public importance.” It does not clearly say about the victims’ right to information; however, a citizen is empowered to seek and receive information of any personal concern. RTI Act 2007 and Regulation 2009 is in practice, however, no specific right to information of victim is guaranteed under the existing legal framework of Nepal. There are some rays of hope. The Committee on Fundamental rights and Directive Principles of the Constituent Assembly (CA) has proposed to include a victim’s right as a fundamental right in the upcoming constitution. Under the proposed provision, right to information of the victim is guaranteed, which says that the “crime victim shall have right to information about the investigation, inquiries and proceeding of the related case.” The victims’ right to information is crucial in regular criminal and civil proceedings. But, the need is for the lawmakers and politicians to focus on drafting a legal provision of transitional justice process, which guarantees the victims’ right to information.
Thousands of victims of past armed conflict have been left unattended. They expect to have strong legal as well as organizational mechanism, whereby they can seek justice and remedy. If the victims are not informed properly about transitional justice implementing system, it would not work effectively and would fail to redress the victim of armed conflict.Truth seeking, prosecutions, reparation of victims, and institutional reforms are the four pillars of transitional justice.
It is significant to cite a case to show the negligence of right to information of victims in the justice process. The government decided to withdraw some cases initiated during the armed conflict after the peace process started, but none of the victims were informed about the process, rationale, and the result of the withdrawal of the cases.
In Nepal, there is an obvious case to show how victims are denied necessary information. The victims of Kapilvastu riot were looking for the report of the related probe commission, but were denied. To know how the probe commission reported their pain and loss was of major concern to them. Further, they wanted to seek remedy on the basis of the report of the probe commission, where many people had been identified as victims of the riot.
The report was asked on the basis of the prevailing RTI legal provisions, but the government rejected it arguing that if the report is publicized, it could destroy social harmony - the exception listed under Section 3 of RTI Act. Finally, National Information Commission (NIC) ordered the Nepal Government to provide the information to the victims.
The victims should be the center of transitional justice, and they should be informed about the whole process and options and alternatives available to them in this justice process. They should be first informed about the available remedies, and then the process, time-frame and result, as well as other basic information.The victims’ right to information is the foundation of total transitional justice process, thus, it should be internalized and incorporated in the upcoming transitional justice provisions, legal as well as institutional setup.
(Aryal is Executive Director, Citizens’ Campaign for Right to Information)
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