It is not decided when the commission will be formed
For years, the victims had only one demand from the government - to amend the law related to transitional justice. It has been 6 months since the law was finally amended after a long struggle and head-scratching. However, the appointment of officials in the commission of investigation of disappeared persons and the commission of truth and reconciliation, which were supposed to be formed within two months of the passing of the law, has not been done yet.
The process of formation of the commission, which was halted last December after a two-month-long race, was unable to name the officials of these two commissions under the chairmanship of former Chief Justice Omprakash Mishra, has now reached an inactive and uncertain state.
Mishra asked the government to resume the process saying that he failed to select the name of the leadership committee after the parties pressured him to appoint a person of their recommendation in both the commissions.
"Since then, the government has not been able to form any committee, nor has it given any public response," says advocate Raju Chapagain, coordinator of the Accountability Monitoring Group, "Victims are always clamoring for justice, but the government has acted as if nothing has happened, it has become extremely chaotic." He added, 'The government should immediately answer when and how the commission will be formed, it is unconstitutional to remain silent like this.'
The victims allege that the recommendation committee did not comply with the pressure to appoint people of their choice to the leadership level of the commission, that the process failed and that the parties violated their right to get justice through mutual agreement. The government has not addressed their demand that the process of formation of the commission should be started immediately and an intervention-free committee should be set up . This has made them frustrated and angry.
We have been misled by the government, even after 6 months of the passing of the law, we have reached a point where we cannot say when the commission will be formed,' says Suman Adhikari, the founding president of the conflict victims Sajha Chowtari. The process is confused because there is no common opinion about it. "We have yet to reach an agreement on this at the top level, we are active in trying to get them to talk so that a common conclusion can be reached as soon as possible," said a senior official of the Law Ministry, "but things have not been agreed, so the formation of the commission is being delayed." Mishra took leave from the committee without a recommendation after the party interfered with the authority of the committee on who to choose from among them. Before his exit, the Mishra-led committee had asked the government to proceed with the re-appointment process.
Thus, it has been more than two months that the committee cannot work. However, victims and human rights activists have criticized the government for not taking any initiative to advance the blocked process.
In this way, interest and concern has been expressed from the country and abroad about the delay in the process of appointment of officials in the Commission on Transitional Justice . After the committee failed to recommend a name, two and a half dozen organizations of conflict victims asked the government to start another process immediately, saying that their right to get justice has been thwarted due to the selfishness and interference of political parties.
Similarly, the international human rights organizations Amnesty International, Human Rights Watch and International Commission of Jurists also wrote a joint letter to Prime Minister KP Sharma Oli two months ago and asked him to proceed by forming another recommendation committee.
In a letter written to the Prime Minister, those three international organizations said that the peace process of Nepal is about to fail and asked to form a recommendation committee so that the old mistakes are not repeated. However, the government is indifferent and reluctant to this, which has overshadowed the important work of the peace process and the future of justice in the transitional period.
'On the one hand, the government has prevented the victims from entering the regular criminal justice process, on the other hand, by blocking the transitional judicial mechanism, it has thwarted their right to get justice from both sides,' says human rights lawyer Mandira Sharma.
