Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

Chapter 1
Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Act on the Commission of Investigation on Disappeared Persons, Truth-Seeking and Reconciliation, 2071 (2014)."

(2) This Act shall commence immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act, –

(a) "Chairperson" means the Chairperson of the Commission.

(b) "Commission" means the Commission of Investigation on Disappeared Persons or the Truth-Seeking and Reconciliation Commission formed pursuant to Section 3.

(c) "Complaint" includes a petition.

(d) "Prescribed" or "as prescribed" means as prescribed or as provided for in the rules framed under this Act.

(e) "Reparation" includes compensation, facility, or concession provided to a victim pursuant to Section 23.

(f) "Family" means the husband, wife, son, daughter, father, mother, mother-in-law, father-in-law, grandfather, grandmother, grandson, granddaughter, or brother, sister living in a joint family of the victim.

(g) "Perpetrator" means a person involved in amended by the Third Amendment. a violation of human rights or an offence relating to a serious violation of human rights during the armed conflict, and the term also denotes a person who orders the commission of such an offence.

(h) "Victim" means a person who died, added by the Third Amendment. was disappeared, or suffered physical, mental, sexual or economic harm or injury, or was detained as a result of amended by the Third Amendment. a violation of human rights or a serious violation of human rights that occurred during the armed conflict, and a member of his/her family, and the term also denotes a community that has suffered a serious adverse human, social or community impact as a result of amended by the Third Amendment. a violation of human rights or a serious violation of human rights.

amended by the Third Amendment.(i) "Ministry" means the Ministry of Law, Justice and Parliamentary Affairs of the Government of Nepal.

amended by the Third Amendment.(j) "Violation of human rights" means any other act done by a side of the armed conflict in a targeted or planned manner against unarmed persons or the public during the armed conflict, contrary to the prevailing laws of Nepal, international human rights or humanitarian law, excluding serious violations of human rights.

added by the Third Amendment.(j1) "Serious violation of human rights" means the following acts committed by a party to the conflict during the armed conflict:

(1) Rape or serious sexual violence,

(2) The following acts committed by a side of the armed conflict in a targeted or planned manner against unarmed persons or the public:

(a) Arbitrary killing,

(b) Act of causing a person to disappear, or
Explanation: For the purpose of this clause, "act of causing a person to disappear" means a person disappeared and not found by a side of the armed conflict during the armed conflict.

(c) Inhuman or cruel torture.

(k) Deleted by the Third Amendment.

(l) "Comprehensive Peace Accord" means the accord concluded between the Government of Nepal and the then Communist Party of Nepal (Maoist) on 5th Mangsir, 2063 (21st November, 2006).

added by the Third Amendment.(l1) "Special Court" means the Special Court pursuant to Section 29A.

(m) "Secretary" means the Secretary of the Commission.

(n) "Member" means a member of the Commission, and the term also denotes the Chairperson.

(o) "Armed conflict" means the armed conflict that occurred between the state party and the then Communist Party of Nepal (Maoist) from 1st Falgun, 2052 (13th February, 1996) to 5th Mangsir, 2063 (21st November, 2006).