It has been 19 years since the Comprehensive Peace Agreement was signed after a decade of armed conflict, but the situation of the victims remains the same.

On 2063 Mangsir 5, the Government of Nepal and the then CPN-Maoist signed a comprehensive peace agreement. The then Prime Minister Girija Prasad Koirala and the then CPN-Maoist Chairman Pushpa Kamal Dahal signed the Comprehensive Peace Agreement with the resolve to formally end the armed conflict in the country.

The Comprehensive Peace Agreement emphasized three things. The integration of combatants, making the status of disappeared persons public within 6 months, and the formation of a commission to investigate human rights violations committed during the conflict.

If the integration of combatants is completed, the work of investigating human rights violations committed during the conflict will be formed and has been complicated for 12 years. The status of the disappeared has not been made public yet. The families of the disappeared are still demanding answers from every government about the whereabouts of their relatives who disappeared during the armed conflict.

The victims enthusiastically filed complaints in the commission, which was formed for the first time based on a court order. But the Supreme Court also appealed, saying that the Act was incomplete.

The commitment at the time was to complete all the peace process work within 6 months of the Constituent Assembly elections. The first Constituent Assembly election was held in 2064 BS. After that Constituent Assembly failed to draft a constitution, a second election was held in 2070 BS and the constitution was promulgated on Asoj 1, 2072 BS, but the remaining work of the Comprehensive Peace Agreement could not be completed.

Why was there confusion for 19 years?

When the Comprehensive Peace Agreement was signed, it was said that the status of the missing families would be made public within 6 months and a commission would be formed to resolve the issue within a year. However, the victims have been claiming that for 19 years, a situation has been created where they have only raised questions about the process. Suman Adhikari, former president of the conflict-affected Sajha Chautari, commented that they are in a situation where they have to protest every time and are forced to go to the Supreme Court. He shared his experience of not forming a commission for a long time and having to go to the Supreme Court to draft an Act. Similarly, Adhikari said that they are also moving the Supreme Court against the recently formed commission.

For the first time, the victims enthusiastically filed a complaint in the commission formed on the basis of a court order, but the Supreme Court also appealed, saying that the act was incomplete. The Supreme Court ruled again in 2067 Baisakh to amend the act. One after another, the Maoists, Nepali Congress, and UML went to the government. But they did not prioritize this process. When questions arose, they expressed commitments at national and international forums but did not work at the local level. Raju Chapagain, an attorney knowledgeable in international law, commented that there was a lot of power play during this period. 'The current situation was created by the addition and subtraction of power, from who exempted whom to who to show guilt,' he said.

The practice around the world is to end it through the provision of transitional justice. Transitional justice processes have been resolved in 40 countries around the world in various ways. But in Nepal, it is seen that every government is formed, raises an agenda, but does not work.

When did what happen from Koirala to Dahal to Oli?

The peace process was initiated 12 years after the start of the Maoist armed conflict, and 18 years have passed since the peace process began. During this period, many governments were formed and many governments tried to end it, but they did not succeed.

The late Girija Prasad Koirala is among the Prime Ministers who have been in power for a long time since the start of the peace process. A 12-point understanding was reached under the leadership of Girija Prasad Koirala, who assumed power on April 12, 2006. On November 2, 2006, a comprehensive peace agreement was signed between the government and the CPN-Maoist after a 12-point understanding between 7 political parties and the then CPN-Maoist.

It is believed that the formal process of the peace process began after the comprehensive peace agreement was signed on November 25, 2006. An interim constitution was promulgated under the Koirala-led consensus government. The draft of the Truth and Reconciliation Commission and the Commission of Investigation into Enforced Disappearances Act was made public under the leadership of Koirala, who was in power for about 846 days.

In these 18 years, nothing has been done except for registering cases against those killed and disappeared in the conflict and conducting a preliminary investigation by the commission.  

Madhav Kumar Nepal, who came to power after him, became the Prime Minister for a long time. During Nepal's tenure as the government from 2066 Mangsir Jestha 11 to 2067 Magh 22, no special work was done to finalize transitional justice.

Similarly, the government was run under the leadership of Jhalanath Khanal from 2067 Magh 22 to 2068 Bhadra 11. But there was not much progress in this regard during his tenure either.

During the tenure of Baburam Bhattarai, who was in power from 2068 Bhadra 12 to 2069 Falgun 30, an ordinance was issued regarding the investigation of disappeared persons and the Truth and Reconciliation Commission. However, the victims filed a complaint in the Supreme Court saying that it was not in accordance with their feelings. After Bhattarai, the then Chief Justice Khilraj Regmi arrived to lead the government.

Regmi, who became the head of the judiciary and also the head of the executive, served as the chairman of the Council of Ministers from Chaitra 1, 2069 to Magh 28, 2070. While he was in government, the Supreme Court's decision came on Poush 1, 2070, which declared the ordinance issued by the Baburam-led government invalid. This is why it was necessary to start work on transitional justice from a new perspective.

Sushil Koirala, who became the Prime Minister after Regmi, ran the government from Magh 20, 2070 to Bhadra 24, 2072. His government issued the Act on both commissions on Baisakh 28, 2071. On Jestha 20, 2071, 234 victims from 44 districts filed a writ petition in the Supreme Court challenging some provisions of the Act, saying that the Act had not been issued in accordance with the Supreme Court's decision.

The Koirala-led government did the work of recommending and appointing officials to both commissions. At the same time, the Conflict Victims' Common Chautari was also formed as a national network of conflict-affected organizations. On Falgun 2071, the Supreme Court ordered the government to correct the provision, saying that the act issued by the government included a provision for granting pardon even for heinous crimes.

KP Sharma Oli came to take over the reins of the government after Koirala. The Oli government lasted from Bhadra 25, 2072 to Shrawan 19, 2073. The Oli government filed a case for review of the decision in the Supreme Court in Jestha 2073. Although both commissions wrote to the government for amendments to the act, nothing significant was done.

Dahal came to power for the second time. He remained in power from Shrawan 20, 2073 to Jestha 23, 2074, but there was not much progress in transitional justice during his second term.

After Prachanda, Sher Bahadur Deuba came to power. He ran the government for about 253 days. Deuba, who was in power from Jestha 24, 2074 to Falgun 2, 2074, did not do much in this regard.

Oli came to power for the second time after Deuba. The Oli-led government formed on Falgun 3, 2074 has also not been able to do much in this regard. After the term of the two commissions extended for the second time expired, the government brought an amendment bill to extend the term of these two commissions by another year. In these 18 years, nothing has been done except for registering cases by those killed and disappeared in the conflict and conducting preliminary investigations by the commission.

About 61,608 petitions from conflict victims have been registered with the Truth and Reconciliation Commission, while 3,197 complaints of disappearances have been registered with the Investigation Commission. The first-time officials resigned in 2075 BS saying they were unable to work. The government again appointed new officials in 2076 BS. But those officials could not do anything other than a general investigation into the complaints.

Even though the need for the integration of combatants was seen as a political solution, the families of the disappeared and those who suffered injustice during the conflict say that they are being ignored.

If the government fails to move forward with the process of forming a court, the officials are also confused. In 2080, both commissions were left without officers. The Supreme Court's order to amend the Act was pending. In the midst of this controversy, in November 2079, the government prepared a bill to amend the Act and submitted it to Parliament, and discussions resumed. A mechanism was formed with the leaders of the three major parties at the initiative of the then Prime Minister Pushpa Kalam Dahal. The bill had already reached the Law, Justice and Human Rights Committee, and the subcommittee reached an agreement on some points.

The remaining four points were sent to the top level. But in the meantime, the government collapsed. KP Sharma Oli was appointed as the new Prime Minister on June 10, 2080. He was supported by the Nepali Congress. This government recognized the three-member task force formed earlier and instructed it to move forward with the work. On July 17, 2080, an agreement was reached on the four disputed points and was also approved by the top leaders. The bill was unanimously passed by the committee on 24th Shrawan 2080.

Then, an office bearer recommendation committee was formed in the Supreme Court under the leadership of former Chief Justice Om Prakash Mishra. Based on the recommendation of this committee, on 28th Baisakh 2082, office bearers were appointed to the Truth and Reconciliation Commission under the leadership of Mahesh Thapa and to the Commission for Investigation of Enforced Disappearances under the leadership of Leela Gadtaula. But the victims were not satisfied and filed a writ petition in the Supreme Court again.

After the Gen-G agitation on 23rd and 24th Bhadra, an interim government was formed under the leadership of former Chief Justice of the Supreme Court Sushila Karki. The government has taken some interest in transitional justice work and has taken forward the work of creating a relief fund. A few days ago, the Council of Ministers meeting passed the procedure for the government to arrange 'seed money' and deposit money into the relief fund nationally and internationally. Now, the fund can be used to cover the costs of transitional justice.

Even though the need for the integration of combatants was politically seen, the families of the disappeared and those who suffered injustice during the conflict were ignored, says Janak Raut, who suffered torture during the conflict. 'How many more years will we wait for justice and raise our voices?' He said, 'We are still confused.'

Another victim, Ekraj Bhandari, says he is tired of asking for the status of his disappeared children and relatives. 'The families of those who disappeared during the conflict have neither received the bodies nor the breath,' he says, 'When will the 6 months be completed, it would have been enough if the government had an answer to this question.'