It can be suspected that the parties have become sensitive only to protect their interests. Because, this time too, the main parties have shared in both the commissions. The reason for the division is clear, the person sent on his behalf to the commission should perform the role according to him. In such a situation, the process itself is not victim-centered, but the risk of being victim-centered increases.
The process of appointing officers to the Truth and Reconciliation Commission related to transitional justice and the Investigation Commission of Disappeared Persons has resumed. The Council of Ministers meeting held on Sunday decided to form a five-member recommendation committee for the appointment of officials under the coordination of former Chief Justice Omprakash Mishra.
This committee is the same, which was formed last November 2 with two months time and failed. This time, since the three main parties, Congress, UML and Maoists, have shared the commission officials, there is a strong possibility that the two commissions will get officials after the formalization of the committee. However, the appointment of office bearers in the commission is not a remarkable achievement, as the office bearers have been appointed twice before but have failed to fulfill their assigned responsibilities.
Therefore, the commission that will be formed for the third time should be able to take the experience of the previous commission into context and make the compatibility created in the meantime result-oriented. In this way, efforts to resolve the issue of transitional justice, which is considered the final task of the peace process, can be successful.
The context of the commission is connected with the armed conflict that was conducted under the leadership of the then CPN-Maoist from 2052 to 2063. Although the state and the Maoists were on two sides of the conflict, unrelated people were also affected by the conflict. Deaths, injuries and disappearances are an unforgettable aspect of the conflict. That is why the commission was formed with the aim of investigating the truth about those involved in serious violations of human rights and crimes against humanity during the conflict and creating an atmosphere of reconciliation in the society.
Although some work has been done in the 10 years since the commission was formed for the first time in 2071, the main work of giving justice to the victims has not been done. Due to the interference of major political parties Congress, UML and Maoists and differences of opinion among the stakeholders, the commission which was formed twice has failed. Last time, two commissions were vacant since July 2079.
The commission that will be formed now has some compatibility. Because, Congress, UML and Maoists have jointly amended the law which was made in 2071. Therefore, it can be trusted that there will be no misinterpretation of the law on their part. At the same time, they have reached an agreement on the officials of the commission. However, the office bearers of the commission will be determined after completing the formal process.
Similarly, external and domestic stakeholders who are interested in this also sound relatively positive. Mainly, the pressure on the main political parties to resolve this issue has also increased. They are also at the center of criticism because the rest of the peace process has been completed but the issue of justice for the victims has been delayed for decades. Therefore, it is expected that they will be serious this time. However, there is plenty of room for doubt if one remembers the modus operandi adopted by the parties so far.
There are some fundamental issues in the peace process. It should always be victim friendly. Any procedure carried out without the consent of the victim or intended to suppress their voice is meaningless. That is, about 64,000 complaints to the Truth and Reconciliation Commission and about 3,000 complaints to the Commission of Inquiry on Disappeared Persons should be ensured. Likewise, the main responsibility of ending the peace process in Nepal is Nepali. However, there is no exemption to go beyond international practice and recognition.
teams must be sensitive to both of these aspects. But it can be suspected that the parties have become sensitive only to protect their interests. Because, this time too, the main parties have shared in both the commissions. The reason for the division is clear, the person sent on his behalf to the commission should play the role according to him. In such a situation, the process itself is not victim-centered, but the risk of being victim-centered increases. The moral ground of the commission also becomes weak. Therefore, even after the formation of the commission, it is necessary to constantly monitor and warn about the overall appearance of the commission, the image of the person who will be there and the working style of the commission.
The workload that has been in the hands of party leaders for years must now come to a conclusion. But it should also be clear that only two commissions are not the current need. Such a commission should basically carry the seeds of credibility and success. The commission formed earlier should realize that they failed because they did not carry those seeds.
Now that the parties have divided their shares, they have to do the work of erasing them. Therefore, the people who will be in the next commission should have a public image. It should be established that they are qualified and reliable for their work. The government should provide financial, physical and technical support to the commission to facilitate its performance.
