The new committee debated whether to continue the old process or start a new one
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Conflict victims, human rights activists and other stakeholders have a common interest at the moment - how will the process of appointing officials in the Truth and Reconciliation Commission and the Investigation Commission of Disappeared Persons, which have been confused for a long time, proceed? The government has resurrected the old recommendation committee, but the committee is confused whether the procedure will remain the same or go for the new process.
A five-member committee led by former Chief Justice Omprakash Mishra requested the government on December 2 to start work through a new process saying that it could not recommend a name for the commission. The committee prepared a report on the work done during the two-month period and the procedures followed and submitted it to the government.
The government has revived the old committee headed by Mishra on Monday. "In the report, we clearly told the government to start a new process, because there is nothing written in the law about the continuation of the work done by the old committee if it fails," says Mishra, "how we will proceed is yet to be decided."
Mishra says that Prime Minister KP Sharma Oli's secretariat requested that 'you should sit in the recommendation committee' and he accepted on the condition that he would not interfere in it. But he said that he did not know whether the other members of the committee were old or new. He informed that he has not received any formal information or letter about the formation of the recommendation committee. He said that after receiving the
letter and deciding the members, a meeting will be held to discuss how to proceed. "If the members are old, everyone will know about the old process, the procedure can be decided accordingly, if there are new members, another method may have to be adopted," said Mishra.
In the old committee led by Mishra, former ambassador Arjun Karki, former attorney general Khamb Bahadur Khati, founding president of tribal women's federation Stella Tamang and member of human rights commission Manoj Dawadi were members.
According to former Law Minister Agni Kharel, the advisor on transitional justice appointed by Prime Minister Oli on February 21, all the members of the committee that has been formed now are the same. There is a legal provision to be ex officio members of the recommendation committee of the Chairperson or the Chairperson of the Human Rights Commission.
Accordingly, Kharel said that Manoj Dawadi, who represented the commission in the previous committee, will continue this time as well or that it depends on the decision of the commission that someone else will represent the commission.
"It is a matter of the commission's jurisdiction, even if it is sent, it will be according to the law," he said, "even if all the members are from the old committee, this is not a reorganization and it cannot be said that it has been resurrected, it is a new committee itself." Its next meeting will not be held on the 26th, but on the first.
After Prime Minister Oli appointed an advisor to advance the process of transitional justice, Kharel persuaded the members of the old recommendation committee to sit in the new committee. According to the source, there is an agreement to maintain the previous candidature and prepare a recommendation list according to the old process criteria, including interviews, to make new candidates apply.
