Editorials

The formal end of the 10-year-long armed conflict was through a comprehensive peace agreement on 21 November 2006, and it has been 18 years since the peace agreement. According to INSEC’s records, from 13 February 1996 to 21 November 2006, 13,248 people were killed, and 931 were forcibly disappeared by both the government and the then-rebel party, the CPN (Maoist). Although political issues were addressed as mentioned in the comprehensive peace agreement, the issues of conflict victims remain unchanged. It has already been 18 years since the agreement, and it is essential to promptly address the concerns of conflict victims. Based on the same agreement, tasks such as the interim constitution, two elections of the Constituent Assembly, and the drafting of the constitution have been completed. The main objective of the comprehensive peace agreement was to end the prolonged political transition. Amidst the long political struggle, the government formed the Commission of Enforced Disappeared Persons on 10 February 2015. The two commissions were formed eight and a half years after the peace agreement between the government and the then-rebel party. While both commissions took applications from victims and carried out basic compensation procedures, they were unable to advance further processes. The mechanisms formed for transitional justice under the peace process, such as the Enforced Disappearances Enquiry Commission and Truth and Reconciliation Commission, were supposed to carry out the work. However, the concerned parties remain unaware of what these commissions have done. Currently, the commissions are without officials.

Although the commissions were formed in 2016 under the law of 2015, there is no public information about their activities beyond collecting complaints. The government, on 12 April 2024, formed a ‘Recommendation Committee’ to recommend officials for the Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons thereby initiating the necessary process. The recommendation committee, chaired by former Chief Justice Omprakash Mishra, will recommend officials for both commissions.

A total of 63,718 complaints have been registered with the Truth and Reconciliation Commission so far, out of which the commission has decided to keep 3,000 on hold. While the commission carried out tasks such as issuing identity cards to conflict victims, assisting victims in filling out compensation forms, and recommending reparations, the absence of officials has hindered progress in its work. Out of the 3,243 complaints registered with the Commission of Investigation on Enforced Disappeared Persons, 237 were related to the Truth and Reconciliation Commission and were forwarded there. Detailed investigations are ongoing for 2,496 complaints. After prolonged efforts, the Bill (Third Amendment), 2024, to amend the Commission of Investigation on Enforced Disappearances and Truth and Reconciliation Commission Act, 2015, has been approved by the President and is now in effect. The Act requires the recommendation committee to propose the chairperson and members within two months, with officials serving a four-year term from their appointment. The government needs to speed up the commissions’ work as outlined in the Act.

Addressing human rights violations and holding those responsible accountable is the main goal of the transitional justice system. A thorough hearing of these violations will make the process smoother. Right now, the focus is on the recommendation committee formed by the Nepal government to select the commission’s officials. It is important to appoint officials who can support the peace process, rather than getting caught in political divisions.

The peace process in Nepal will be meaningful if it includes the prosecution of perpetrators through proper procedures, provides victims with compensation respectfully, and incorporates a pardon process with the victims’ consent, ensuring that their self-esteem is not harmed. Moreover, if lessons from the past are not learned and a clear path forward is not set, the issues of justice and reparation will remain unresolved. Continuous monitoring and awareness from the human rights community or civil society are crucial for the overall judicial process. INSEC, which has been continuously monitoring the peace process, has already started its monitoring and raising awareness about this process.