‘Ensure transparent process in TJ appointments’

Amnesty International, Human Rights Watch and International Commission of Jurists have raised serious concerns over the process of appointing members to Nepal’s Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons.

In a joint letter addressed to Prime Minister KP Sharma Oli, the organizations said it is evident that the Recommendation Committee’s work is expected to meet standards of independence and impartiality, inclusivity, transparency and participation. They urged the government to form a new committee without delay to revisit this approach, addressing the concerns raised by victims, survivors, Nepali civil society and international organizations.

Competency, integrity and public trust in the commissioners are essential for the commissions to deliver their important mandates as envisioned in the law, they said, calling on the Prime Minister and the leaders of major political parties to ensure a conducive environment for selecting independent, impartial, competent, diverse and widely-accepted leadership for the commissions by consulting victims, survivors and civil society stakeholders.

Transitional justice requires adherence to international human rights law, international humanitarian law and international criminal law, they pointed out, calling on the Prime Minister and all relevant stakeholders to “safeguard the national and international legitimacy of this process”. With two prior failed attempts at transitional justice, the risk of a third failure looms large, their letter states: Such a failure could signal Nepal’s unwillingness or inability to ensure accountability for grave human rights violations including crimes under international law.

“To advance truth, justice and reparations within Nepal”, they strongly urged the Prime Minister and all stakeholders to take decisive action to appoint and empower a new recommendation committee to complete the work of selecting commissioners, ensure a transparent process including wider consultations with stakeholders and enable a process that leads to the appointment of independent, impartial and competent people to the commissions.

The process for the appointment of members to the Truth and Reconciliation Commission and Commission of Investigation on Enforced Disappeared Persons has been quite challenging. On 16 Dec 2024, the two months allotted to the Recommendation Committee to select candidates expired without the process being completed, and the committee recommended that the government form a new recommendation committee. The Committee earlier published a shortlist of candidates, drawing significant objections from conflict victim communities and other members of civil society. In a press release dated 7 Dec 2024, over two dozen victims’ and survivors’ groups expressed concerns, stating that “the list appears to favour individuals with contentious reputations for key positions and threatens the opportunity to meaningfully resolve transitional justice issues.” They urged the Recommendation Committee to consult with individuals excluded from the shortlist, include their names and ensure the selection process is impartial, transparent and competitive. The process must aim at selecting members on the basis of their competence in human rights and other relevant areas of international law, proven independence and recognized impartiality, and reflecting gender balance and a pluralist representation of society, they said.

On 9 Dec 2024, two former members of the National Human Rights Commission, along with a senior journalist and human rights advocate, issued a press note criticizing the Recommendation Committee for disregarding long-standing demands to appoint knowledgeable and credible individuals trusted by victim communities.

They expressed their “strong objection” to the current shortlist and warned that “neither the commission will have credibility nor can it expect cooperation from the human rights and conflict victim communities” if they are led by the shortlisted candidates. They have also called for the annulment of the current shortlist and the initiation of a new, more inclusive process.