Although the work of writing the constitution and adjusting the Maoist fighters has been completed, the transitional justice process is still at an early stage
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It has been more than 18 years since the detailed peace agreement between the government and the Maoists, which included the formal end of the armed conflict, the restructuring of the state, the writing of a new constitution, the adjustment of the army and the administration of transitional justice. In the meantime, despite the work of writing the constitution and accommodating the Maoist fighters, the transitional justice process is stuck at the starting point.
The agreement mentions the formation of a high-level Truth and Reconciliation Commission by mutual agreement to investigate the truth about those involved in serious violations of human rights and crimes against humanity during the armed conflict and to create an atmosphere of reconciliation in the society. According to the agreement, the Interim Constitution 2063 also mentioned the formation of such a commission. But the law regarding the establishment of investigation and truth-telling and reconciliation commission of disappeared persons was delayed and enacted only in 2071. The commission formed in accordance with the same law has only done the work of receiving complaints.
Constitutionalist senior advocate Bhimarjun Acharya comments that the transitional justice has not been implemented yet as a violation of the constitution. "Transitional justice was not a matter of choice of any party's leader or individual, and no, it was a matter of constitutional obligation, which had to be fulfilled in any case," he said.
Acharya also said that the leaders have played with the rights of the victims by entangling the main part of the peace process in the transaction of political interests and power. He says that the rule of law and the violation of the constitution have reduced public trust in the constitutional body.
The National Human Rights Commission has concluded that the right of the victims to get justice has been seriously violated due to the failure of transitional justice. The Commission issued a statement on Tuesday expressing serious concern about the confused transitional justice system. "Acknowledging that there has been a delay in giving justice to the victims of the conflict, even the top leaders, the commission reminds us of the commitment made several times nationally and internationally to provide justice to the victims by speedily concluding the transitional justice," the commission said in a statement.
Investigation of Disappeared Persons and Truth and Reconciliation Commission Act, 2071 was recently amended by the Parliament and the commission has positively taken the process of formation of commissions by the government. "The Human Rights Commission draws the attention of the Government of Nepal to implement the decisions and recommendations on the previous conflict complaints, to form commissions in accordance with international norms and to focus on the satisfaction of the victims when the transitional justice is concluded," the commission said.
The conflict victims have also requested the government to take a serious approach regarding the provision of transitional justice. "Yesterday, the transitional justice could not proceed because the parties were not serious," Suman Adhikari, the founding president of the conflict-affected Sajha Chowtari, said, "This time, it seems that some seriousness has come to the parties." The transitional justice process will be completed if the government works honestly and transparently.
The Commission for Investigation of Disappeared Persons and Truth and Reconciliation has been without an official for a long time. A committee has been formed under the chairmanship of former Chief Justice Omprakash Mishra to recommend names for the appointment of office bearers. The committee has said that the recommendation process will proceed from the same week. "More than 100 applications have been submitted," Mishra said, "The deadline for the committee is till the end of this month and we will select the officers for both commissions within that period." According to the order of the Supreme Court, the law has been amended. Many new things have been included in it,' he said, 'now there is an opportunity with the government to avoid further delay, it should be used.' He said that work should be carried out according to laws and principles.
