Editorial: A milestone in transitional justice

The House of Representatives has endorsed the amendments to the transitional justice-related law of 2014. This marks a significant step forward in healing the wounds of the nation’s decade-long armed conflict. Nearly two decades after the signing of the Comprehensive Peace Accord (CPA) between the government and the Maoist rebels, the consensus among parties on this crucial law offers hope for thousands of conflict victims, who have been awaiting justice for a long time.

Now that the bill has been passed, the hard work of implementation has begun. The formation of two independent, powerful and well-resourced commissions—Truth and Reconciliation Commission and Commission of Investigation on Enforced Disappeared Persons—will be crucial to the success of this process. The two commissions must have the authority and means to thoroughly investigate human rights violations, establish the truth about past atrocities and recommend appropriate measures for justice and reconciliation.

Nepal’s post-conflict journey has been fraught with challenges. The first justice-related law brought in 2014 courted controversy due to provisions allowing blanket amnesty for serious human rights violations. The Supreme Court’s order for amendments to align the law with international standards led to delay and political maneuvering for years. After a long delay, the government led by then Prime Minister Pushpa Kamal Dahal registered a bill to amend the 2014 law in parliament in March last year. The three major parties—Nepali Congress (NC), CPN-UML and CPN (Maoist Center) - then formed a three-member task force to iron out their differences. The task force broke the deadlock last week and paved the way for this legislative breakthrough.

The bill addresses some of the most contentious issues. Arbitrary and cruel killings have now been defined as serious cases of human rights violations. Additionally, the bill allows for reduced sentences of 70-75 percent in certain cases on the recommendation of the Attorney-General. These changes represent a balance between the call for justice and the practical considerations of national reconciliation. As the bill moves to the National Assembly and awaits presidential approval, it is crucial to ensure that the process does not stop here. The legislative process moved ahead even though the ruling coalition and government changed during the period.  Parties need to be lauded for this. However, continuous efforts must be made to engage conflict victims and ensure that their voices are heard and their needs addressed throughout the justice process.

The passage of this bill is not an end but a beginning. Its success hinges on the commitment of all stakeholders to confront the past, provide justice where due and forge a path toward national healing.