Twenty-four human rights organizations have called on the international community and the United Nations not to provide any financial or technical assistance to the Truth and Reconciliation Commission (TRC) Commission of Investigation on Enforced Disappeared Persons. The human rights organizatioins jointly issued a press release on June 4 making this appeal while questioning the legitimacy of both commissions.
According to the press release, the appointment process of officials to Nepal’s transitional justice commissions is currently facing a serious legitimacy crisis due to the lack of proper consultation and participation from victims and civil society organizations. The recent appointments have failed to secure the necessary credibility, and how commission officials were appointed will prevent the commission from carrying forward this complex and sensitive process in a fair and trustworthy manner. Ignoring and disrespecting the valid concerns of victims before the appointment process, and trying to create divisions among them, only harms the transitional justice process again. This transitional justice process can only move forward by gaining the trust of the victim community. Otherwise, trust in the state will break down, and the discourse on transitional justice may shift towards alternative approaches, such as a citizen-led truth commission or a hybrid model.
The sensitivity toward victims of rape and gender-based violence, their psychosocial well-being, socio-economic access, confidentiality, and dignity have been completely overlooked. Moreover, a notice for complaint collection was abruptly issued, and despite serious concerns raised by the affected communities, the decision was not reconsidered with the necessary care and sensitivity. Some commission officials made statements that further damaged the self-respect and dignity of the victims’ community. There has been no meaningful effort to restore communication with victims; instead, the process has been reduced to a mechanical exercise. Such approaches will neither be effective nor useful. Rather, they will lead to a waste of the country’s valuable resources and time.
The statement also calls on the Government of Nepal to take immediate initiatives to find an appropriate solution through dialogue, discussion, and consultation with victim communities, ensuring a fair resolution that restores trust in the transitional justice process. Furthermore, the press release points out, ‘unless the government addresses these issues and puts the process back on the right track, the situation will not improve. The process must become truly victim-centered, ensuring the dignity, participation, ownership, and satisfaction of victims. Until this happens, we urge the international community and the United Nations not to provide any financial or technical support to the government or commissions that have lost legitimacy, as has happened in the past.’
