What you should know
I reached the villages of Dhaulagiri and Gandaki region with the hope of truth and justice. I brought awareness among the conflict victims, organized them, raised hope for justice. Years of living in this hope have passed. Will the days of the victims return after the law is amended? Shouldn't there be dirty politics over our pain? Will the commissions become competent and independent? I thought. That didn't happen. The past repeated itself again. Now the hope started to die.'
This expression belongs to Badri Bahadur KC of Baglung, a victim activist who lost his father in the armed conflict. In an emotional mood, he added again, 'Fighting for justice, I have grown old. In the meantime, I got into an accident . Can't even walk properly. How to protect the movement continues to worry, day by day . I think that the movement would have been passed down. Listen to the Citizen Truth Commission today. There is hope again - even if it is from the civilian level, if it works as a good commission, wouldn't the light of the movement go out? Would the victim's voice not be suppressed?'
His statement expressed in the consultation meeting organized by the victim community in Pokhara some time ago is representative. It has told the story and pain of most of the victim campaigners .
In the same counseling meeting, some of the victim sisters were saying the pain of injustice by singing songs. One of the lyrics of a song they sang said - '...how many were killed, some were injured, the missing ones do not know where they went... how much we walk with the same path, everyone should listen attentively...' Despite the
, the pains during the conflict have remained unanswered for years . There is no trace of the missing citizen . Who was responsible for the killing of innocent citizens has not been found. The life of the injured, disabled, mutilated people is horrible. There has been no concerted effort to make it easier. It is the state that should provide parental protection to victims of sexual violence including rape. Unfortunately, the state did not even cover the interim relief scheme. Adding pain on top of pain did not hurt the victims . Once again, the state has failed to learn from repeated mistakes and become sensitive towards breaking the vicious cycle of transitional injustice in a credible manner.
Officials have now been appointed to the two commissions. Due to the appointment, the vacant chair of the commission officer has been filled. It should instill hope in the victim, but it has added despair. The victims are once again forced to walk expressing their frustration in the lyrics of the song. The ink of the appointment has not yet dried, but the inherent incompetence within the commission has started to be revealed in their steps one after the other. The matter of gaining trust is gone, it is seen that the victims are being teased more and the crisis of trust is deepening .
In this perspective, it is natural for the victim community to be attracted to the debate of the Citizen Truth Commission. Its use is not new in the context of Nepal. In cases where the state is not sensitive, there is no need to go elsewhere to find examples of incidents that have been investigated by forming commissions from the citizen level from time to time. There are such examples within the country. For example, a public inquiry committee was formed to investigate the Dasdhunga accident that took place on 3rd June 2050. The committee formed under the chairmanship of Padyaratna Tuladhar completed the investigation in six months and released a 63-page report was . The committee concluded that the then general secretary of UML, Madan Kumar Bhandari and the head of the organization department, Jivraj Ashrit, were killed in a planned manner. But to find out who is responsible It said that research with high-level expertise is necessary. The committee was formed by a gathering of intellectuals in activism. The committee made this conclusion by analyzing the place of the incident, the people related to the incident and the related information, the discussion in the newspaper and the suspicions and speculations raised in public . It seems that a civil-level commission has also been formed to investigate the three-cornered incident that took place during the last royalist protest.
Transitional justice is a matter of national and international interest and concern. Rather than referring to just one incident, it includes aspects including widespread and systematic violations and excesses by the state and the rebel side, including their consequences and causes . Therefore, it seems that the investigation at the civil level on such an intensive and multifaceted matter will be extremely sensitive and of far-reaching importance.
It also captures the attention of national and international sectors . Since it will move forward under the leadership and choice of the victims and the civil society, it is natural that it will influence the political leadership who try to keep the transitional justice process under their control in any form. Also, civil level investigation is challenging in itself.
It seems that the debate of the Civil Truth Commission, which has been moved forward by the conflict-affected leader, is slowly picking up speed . The debate is gradually decentralizing . There is growing interest and concern about its justification and necessity. It seems that this issue has been made an important agenda in the recent gatherings held by the victim community at the provincial level. It seems that the Gandaki and Lumbini state level gatherings have emphasized on the justification and necessity of the Citizen Truth Commission.
victim activist Badri Bahadur KC, as wished by the commission to be formed at the civil level, it is necessary to become a roadmap to make it hurtful and useful. It is necessary to bring clarity to its various dimensions. Important aspects of the road map to be decided before the constitution of Citizen Truth Commission are discussed below .
Step 1 – creative dialogue
A constructive dialogue is the first step forward in the Citizen Truth Commission process. This constitutes an informed and solid conceptual basis for the formation of the commission. Now it is better to start the discussion and dialogue at the initiative of the victim community. But a meaningful discussion should reach all stakeholders. It is necessary to inform the victim community, human rights workers, national human rights organizations, social activists, civil society, public representatives, journalists, government officials, and development partners. It is only when there is constructive dialogue on all sides that trust in the purpose, method, process and results of the commission is created.
2nd stage – concept creation
It is necessary to bring conceptual clarity about the relevance, justification, purpose, scope and its formation method and process of Citizen Truth Commission. It is important to be clear about whether to make the scope of the commission's work specific or widen . In our specific context, the mandate of the Citizens' Commission can cover multifaceted issues . The failure of the transitional justice process many times in the past, the role played by the courts, the role of international accountability mechanisms, the analysis and evaluation of the legal framework related to transitional justice can be kept within the scope of the commission. The commission can analyze the research reports and recommendations made by the United Nations, National Human Rights Commission, non-governmental organizations in the past. In some symbolic cases, it may create an opportunity for victims and suspects to be heard. Analyzing policy and planning documents adopted by the state and the rebels in the past, analyzing the causal factors of the conflict, evaluating the nature, trend, pattern and impact of violations can also be included in the mandate.
Citizens' commissions should also be formed separately for missing persons and remaining violations . The investigation conducted by the Citizen Commission will also be based on national and international laws and jurisprudence. But it is impossible to proceed in parallel with the government commission. It is cautionary, coercive and strategic in nature . Therefore, arrangements can be made to have a suitable number (eg 7 to 9) in a single commission . It is also important how long the working period of the commission will be. A maximum working period of one year may be appropriate .
In the event that the trust of the victim in the commission formed by the government is broken, the civil commission can focus on the objectives of minimizing the potential damage caused by the abuse of the disputed mechanisms, creating pressure on the state to form a new commission based on reliable appointments, drawing the attention of national and international stakeholders about the seriousness of past violations and excesses that have gone into oblivion, and creating an opportunity for hearing for the victims even if it is at the civil level.
It is necessary to clearly cover the process by which the commission is formed and what is the basis of its legitimacy. Likewise, the basis of competence of commissioners should also be clarified. If theoretical clarity can be brought on the basis of discussion and consultation in various aspects, the Citizen Truth Commission can be set as an example.
The third step – formation of the commission
After the conceptual clarity, the next important step is the formation of the commission. It is necessary to make the selection of the commissioner of the Citizens' Commission open and transparent. It is appropriate to pass the declaration with the terms of reference of the commission after a wide discussion in the conference where representatives of the affected communities and civil society gathered from all over the country . That document adopted by the conference can become a guiding document for the commission. The name of a suitable person who is trusted by the victim community and civil society can be approved as a commissioner only through a resolution approved by the meeting. Since the work of the Citizens' Commission is to be done on a voluntary basis, it will be important to find a person who can give reasonable time, has knowledge of the subject matter, is experienced, and is nationally or internationally renowned . While nominating, it is also necessary to assimilate the recognition of gender and social inclusion . Also, the meaningful participation of the victim community in the process remains important. If these important aspects are taken care of, the legitimacy of the commission will be established.
4th stage – operation of commission
This is the most important stage . The commitment of commissioners to contribute voluntarily is not enough for the effectiveness of the commission. The commission has to allocate minimum resources and means to keep the capacity to work . Commissioners need an office where they can sit together and hold meetings and discussions. In addition to physical resources, skilled human resources are essential for the commission. The commission needs to create a roster of people who have as much subject knowledge and experience as possible and who want to contribute to the commission. It is also important to pay attention to the protection of victims and anyone who assists in the process of the commission. Arrangements to properly record the documents and statements presented to the Commission are necessary. In particular, it is necessary to mobilize support to ensure easy access and protection of women who are victims of sexual violence, survivors of mutilation and disability.
Fifth step – report and recommendation
What kind of report the citizen commission writes and what it recommends makes a lot of sense . Recommendations should not only mobilize national and international stakeholders, but also create a basis for promoting their constructive and realistic role. Recommendations should be based on law and jurisprudence, implementable and objective. Concrete recommendations can also be made for reforms in policy and law. It is also recommended to adopt measures to meet the immediate and long-term needs of the victims . Recommendations can broadly address governments, parliaments, courts, the United Nations, civil society, diplomatic missions and the mass media. Recommendations should be aimed at seeking accountability of the state for truth, justice and redress.
The sixth step – follow-up and follow-up
After the work of the Truth Commission, monitoring the implementation of recommendations is important. That responsibility can be done by the civil society, the victim community and the media. Civil society can bring the messages and issues raised by the Commission into political and public debate. Victim communities can play a role in the implementation of recommendations by being organized and aware to ensure their rights.
In the end, the stakeholders should show seriousness to the agenda of the Citizen Truth Commission, which has been moved forward by the victimized community due to the repeated betrayal by the state . It is necessary to mobilize support and cooperation with the national and international levels to make the concept of truth-telling efforts at the citizen level worthwhile. If carried out in the right way, this effort Could be a 'game changer' in terms of transitional justice . This could prove to be a milestone in compelling the state to bring the transitional justice process out of the clutches of a self-interested three-party leadership and bring it to a credible conclusion. May this opportunity be used to present a moving example to the world from the civilian level.
-rajuforjustice@gmail.com
