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काठमाडौंमा वायुको गुणस्तर: १९८

After the UML is flexible, the rest of the peace process is over?

Now how will UML and other coalition parties present themselves? Accordingly, we make our opinion: Congress Chief Whip Ramesh Ukhtar
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The TRC Bill on Transitional Justice has not been finalized because major political parties have made it a 'weapon' of power struggle. With the change in the power equation, the parties have been stalling the TRC. The UML, which has been taking a strong stance while waiting for the leader, has been positive to advance the bill related to the Truth and Reconciliation Commission and the Commission of Inquiry into Disappeared Persons (TRC) after assuming power. After reaching the role of the main opposition, the Congress will wait for the opinion of the ruling party.

After the UML is flexible, the rest of the peace process is over?

The five political parties have pledged to enact the TRC-related law as a "minimum policy priority and common resolution". Make immediate legal arrangements to complete the rest of the peace process. In the joint resolution that the government will present to the parliament, "Establish the truth based on the facts with the victims at the center," it is said, "On the basis of truth, address the pain caused by the conflict through justice, compensation, reparation, forgiveness and reconciliation." Bela has been taking a stand on the fact that the TRCP should focus on the victims, that victims who are not satisfied with reconciliation should be allowed to apply for justice again, and that those involved in serious violations of human rights should be given a lesser sentence than the existing law. Due to UML's stand, no agreement was reached in the Law, Justice and Human Rights Committee. However, after receiving the indication that the previous power equation would collapse, the Congress and Maoists, who were directly involved in the ten-year armed war at that time, had a single vote on the bill submitted to the parliament.

UML Deputy Secretary General Bishnu Rimal mentioned that there is a theoretical agreement between the coalition parties to finalize the TRC Bill and said that homework is being done to bring the issues that could not be agreed upon to a logical conclusion. "The conflict should not be kept still," he said, "all matters related to transitional justice should be resolved." He said that the Congress, when it was in the government, pushed for the TRC to move forward. "In TRC, Congress should be ready to solve it without looking for reasons," he said, "should not act to cause pain." Congress chief whip Ramesh Ukhar said that the role of UML should be looked at to end the TRC. "Earlier, it was because of UML that the TRC could not progress for a long time," he said, "Now how will the coalition parties including UML present themselves?" According to that, we make our opinion. 'There is a principle in the resolution of the five parties to complete the peace process,' he said, 'we will give our opinion after the discussion starts.'

was Congress, Maoists, RSVP and RPP agreed after UML proposed that 'arbitrary killing' should be considered as a serious human rights violation. Similarly, the UML agreed to provide for free consent to be the subject of reconciliation in cases of human rights violations and to go to court if the victim does not give free consent. If the government is not ready to go through the process of prosecution, the UML proposed that there should be a legal system where the victim can go to the special court with a petition and that the sentence should be reduced by one-third.

The resolution was accompanied by an agreement on how to address arbitrary killings and people involved in and affected by armed conflict. Ramesh Akhtar, who is also the chief whip of the Congress, proposed to have a provision of 3 months for the victims of rape and sexual violence during the conflict to file complaints. In addition, he made a new proposal to give 3 months time if someone could not file an application with the Commission due to circumstances during the armed conflict. The then Law Minister Dhanraj Gurung agreed. Gurung, as a minister, asked for time to finalize the bill. After the power equation was changed on February 21, the meeting of the Human Rights Committee of the Parliament was not held to find an agreement on this. The

committee came close to consensus on the four main controversial issues: which of the brutal killings (arbitrary) or killings other than double confrontations are included in serious violations of human rights, how to deal with those involved and affected during armed conflicts, and if there is no free consent of the victims for reconciliation in cases of human rights violations. what to do In relation to punishment less than the prevailing law, there is a discussion about how much provision can be made to reduce the punishment by revealing the underlying reasons.

In section 9 (1) of the bill made to amend the Investigation, Truth and Reconciliation Commission Act 2071, it is mentioned that reconciliation between the victim and the perpetrator should be done. "If the perpetrator or the victim submits an application for reconciliation to the commission, the commission may, with the free consent of the victim, facilitate reconciliation between the perpetrator and the victim of human rights violations other than serious violations of human rights," the bill states. In this provision, UML took the stand that reconciliation should be done only if the victim agrees, and if there is no agreement, the way to justice should be kept open. After going to the government, UML is in favor of finding a way out in a way that focuses on the victims.

Similarly, in section 29 (d) of the current law, "regardless of what is written, the special court shall reduce the punishment to the punishment according to the prevailing law by paying attention to the circumstances, reasons and principles of transitional justice when the person involved in the act of serious violation of human rights is mentioned." is In this, UML took a stand that there should be a clear determination of how little punishment should be given to people involved in serious human rights violations.

The Maoists believe that it will be easier now that the UML has agreed to finalize the TRC bill. Maoist Vice President Agni Prasad Sapkota expressed his belief that it will be easy to complete the rest of the peace process. "The ruling coalition and the opposition Congress are also ready to advance the TRC," he said, "There has been a delay in completing the rest of the peace process." It has already issued a mandate in the name of the government. The joint bench of Supreme Court Justices Mahesh Sharma Paudel and Kumar Regmi has ordered to start the process of appointing officials of the Truth and Reconciliation Commission and the Commission of Inquiry into Disappeared Persons within a month. In the name of reaching agreement between the parties, these commissions have been without officials for a long time. Earlier, a special bench of the Supreme Court had amended the TRC Bill in 2070 and ordered to include provisions related to justice for the victims. As it is seen that the guarantee of not recommending amnesty has not been given and that it has been made the subject of the pardon process and the victim's participation and consent in the pardon process has been made secondary without making it mandatory, it is seen as contrary to the valid principles of justice including the freedom of life, the right to information, the right against torture, and the fundamental rights of the victim. It should be amended,' the order said.

Prime Minister Pushpa Kamal Dahal for the first time in 2065, when he became the Prime Minister for a decade and a half, the priority was given to complete the peace process. At that time, the main seven and assistant 21 Maoist fighters who were in the temporary camp were given priority to accommodate them and give them a respectful farewell. In Chait 2068, when the then Maoist Vice President Baburam Bhattarai was the Prime Minister, 19,611,400 fighters joined the Nepali Army, while other fighters chose to join the Nepalese army by taking Rs 5 to 10 lakh. But the rest of the work of the peace process is to establish the truth and give justice to the victims, to punish those who violate serious human rights, and to investigate the missing citizens. After 2075, 12 governments prioritized ending the peace process, but it remains incomplete due to the political interests of major parties.

After the Maoist came to the peace process, the transitional justice, which started with the detailed peace agreement in November 2063, has become a weapon of political manipulation of the main party. During this period, Maoists have led the government four times and participated in 8 out of 12 governments.

प्रकाशित : चैत्र ८, २०८० १४:१४
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