Even after 2 months passed after the committee failed to recommend the name of the official, the process did not proceed again
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Six months have passed since the amendment of the Act related to Transitional Justice, but officials have not yet been appointed to the Investigation Commission of Disappeared Persons and the Truth and Reconciliation Commission.
The process of formation of these two commissions was stopped after the recommendation committee formed under the chairmanship of former Chief Justice Omprakash Mishra could not name names even after two months of running. After the parties pressed to appoint their recommended persons in both commissions, Mishra said that he failed to select the name of the leadership committee and asked the government to start the process again .
"Since then, the government has not been able to form any committee, nor has it given any public response," says advocate Raju Chapagain, the coordinator of the Accountable Monitoring Group. "It is unconstitutional to remain silent like this," he said.
The victims alleged that the parties violated their right to get justice in a mutual agreement . They have demanded that the process of formation of the commission should be started immediately and an intervention-free committee should be set up. "We have been misled by the government, even after six months of the passing of the Act, we have reached a point where it is impossible to say when the commission will be formed," says Suman Adhikari, founding president of the conflict-affected Sajha Chowtari. This has rubbed salt into the victim's wounds.'
According to an official of the Ministry of Law, the process has become confused because there is no consensus among the top leaders. "An agreement has yet to be reached at the top level, we are active in talking to them so that a common conclusion can be reached as soon as possible," said a senior official of the Ministry of Law, "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 in the right of the committee to choose from among them.
Interest and concern has been expressed from the country and abroad regarding 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 related to the conflict victims asked the government to start another process immediately, saying that the right to get justice has been further hampered due to the interests 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 the letter, the peace process of Nepal is about to fail, and it is requested to form a recommendation committee so that the old mistakes are not repeated. Human rights lawyer Mandira Sharma says that the future of transitional justice, an important work of the peace process, has been overshadowed by the
government. "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 stifled their right to get justice from both sides," she said, "If this situation remains, the case cannot be prevented from reaching the international level, it will not be good for the perpetrators."
