Transitional justice process makes progress

Top leaders of three major parties—Nepali Congress, CPN-UML, and CPN (Maoist Center)—have pledged to endorse the amendment bill related to the Transitional Justice Act through the current session of the House of Representatives. Prime Minister and CPN-UML Chairman KP Sharma Oli, Nepali Congress President Sher Bahadur Deuba, and CPN (Maoist Center) Chairman Pushpa Kamal Dahal made this commitment while receiving a report prepared by a cross-party panel formed to address the contentious issues in the bill, particularly those related to serious human rights violations.

“I consider this a success achieved after the formation of the new government under Prime Minister Oli,” said Dahal after receiving the report. He added, “Now the bill, which is in the parliamentary committee, should be forwarded to the full House and endorsed through this session of Parliament.” A cross-party task force comprising Ramesh Lekhak from NC, Mahesh Bartaula from UML, and Janardhan Sharma from Maoist Center worked hard to forge consensus on the contentious issues of the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act. According to Lekhak, who now heads the Ministry of Home Affairs, issues of reconciliation, reparation, and prosecution were addressed while considering the concerns of the victims.

Prime Minister Oli said that consensus was achieved considering the Supreme Court’s 2015 verdict, meeting international standards, and addressing the concerns of the victims. He added that the government would expedite tasks related to appointments in the Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP), two transitional justice mechanisms formed in 2015. Oli also said that there are no longer any ambiguities or confusions regarding the transitional justice laws. The international community has yet to react to the agreement reached among the three major leaders.

NC President Deuba remarked that Nepal would set an example in the international arena if the transitional justice process is amicably settled. He said that if the task force’s resolutions are endorsed by Parliament and war-era human rights cases are settled, it would send a positive message to the world. The TRC and CIEDP, formed in 2015 to address transitional justice mechanisms, have struggled due to the absence of laws in line with the Supreme Court’s 2015 verdict and international standards.

Over the past 10 years, the two commissions have made some progress. The TRC has registered 63,718 complaints, including 314 related to rape and sexual violence. Similarly, the CIEDP has recorded 3,000 complaints. Both commissions have completed preliminary investigations on some cases. However, in recent years, they have been without heads and members, rendering them virtually defunct. Their tenures are being renewed to prevent complete collapse.

Disputes among parties primarily revolve around how to address serious human rights violations committed during the insurgency era. The international community insists that there should be no amnesty for serious human rights violations. Although the three parties claim to have resolved the disputed issues, it remains to be seen how Parliament, the international community, and most importantly, the conflict victims will respond.