View Points

The Transitional Justice (Third Amendment) Bill 2022 has been unanimously passed by both houses of the Federal Parliament. The bill submitted by Ajay Kumar Chaurasiya, the Minister of Law, Justice and Parliamentary Affairs was unanimously passed by the House of Representatives on 14 August and the National Assembly on 22 August. The Bill, passed by unanimous consent after being submitted to the House with consensus from the working group formed by the major parties, will become law once it is certified by the President and published in the Gazette. There is hope that, after 18 years, transitional justice, which has been delayed due to disagreements between parties on issues such as truth investigation, justice, compensation, and structural reforms, will finally reach its conclusion. What is the opinion of conflict victims as the law-making process nears its final stage? The following opinions, prepared by INSEC Dang district representative Jainarayan Pun, are based on conversations with conflict-affected leaders from seven districts: Rolpa, Dang, Palpa, Rupandehi, Gulmi, Banke, and Bardia in Lumbini Province.

Shree Kumari Gharti

Conflict victim Rolpa

We protested that the Transitional Justice Act was not victim-friendly. This year, the government has addressed our demand by proposing amendments to introduce a Victim-Friendly Act. However, the bill is still being discussed in the upper house of Parliament. We are confident that it will become law, as it has received agreement from the major parties. Nonetheless, many still feel that it is not entirely satisfactory. While many aspects of the bill do not fully align with what we, as victims, have advocated for, we recognize that several provisions are in favor of the victims. We appreciate these positive changes. It is challenging to address every issue faced by every victim. We are now concerned about the nature of the commission that will be formed. The commission established previously was not victim-friendly. If the new commission is composed of commissioners who genuinely understand the victims’ experiences and include experts familiar with the process, there is strong hope for achieving justice. The commission should at least identify the needs of the victims and recommend appropriate compensation. Not all victims face the same issues. Some need treatment, while others need employment. Therefore, if we can identify the specific needs for compensation locally and make recommendations accordingly, it is likely that the victims will feel a sense of justice. No one can provide 100% justice to the victims. For instance, even if the person who killed my father is imprisoned for hundreds of years, it will not bring my deceased father back, and thus, I will not feel a sense of justice. We have an understanding of justice with the law that provides a way to go to court if there is no consent from the victim, allows for punishment of up to 25%, and includes compensation for the exiled members of the Nepalese People’s Liberation Army and their families, as well as for the then-state army and police and their families. However, we demand that this implementation be immediate.

Janaki Ghimire Aryal

Conflict Victim

The law existed before, but it has been updated and is now clearer and more victim-friendly. We will have to see how it will be implemented. I feel that the main goal is to identify the real conflict victims and provide them with justice and compensation. It has been found that some fake victims have also received interim relief. Therefore, the commission should work on the justice and compensation of the real victims. We are demanding that victims be included in the commission. We believe this would help arrange compensation based on the victims’ specific needs. Since each victim has unique issues, compensation should address these individual problems. Because the commission recommends only one type of compensation, if the victim needs something different, it does not ensure justice. Therefore, I believe there should be a system for compensation based on the victim’s specific needs, and victims should participate in this process. Currently, there is no respect for conflict victims, and people seem to show a different attitude toward them. An equal environment should be created for everyone, and it cannot be guaranteed that such conflicts will not happen again. We feel that this situation should end. We demand that the state continue its efforts to address these issues.

Kamala Panta

Conflict victim, Banke

There is little hope among the victims that the state will bring positive changes. The government has shown some promise that progress might be made now. However, I still don’t believe it will happen based on past behavior. The main thing is that it would make our daily lives easier. I am not asking to bring back my deceased husband, which is impossible, but I hope it will make daily life easier for me and my children. There should be arrangements for medical treatment, employment for children, and education without age limits for students. We lost our families and our primary earners because of the state, which put our families in a difficult situation. These supports are necessary to help us cope with the losses we have endured. If my husband were alive today, I wouldn’t have to keep asking for support. The political situation in the past led to war, which had devastating effects on many families. However, holding onto the past now serves no purpose. I wish they had made a portrait of my husband. What happened in the past is behind us now. The survivors should be living a dignified life today, we have to live life in a new way in the coming days.

Lila Thapa Baral,

Conflict victim, Gulmi

We do not want the transitional period to be extended. It’s not good to have unresolved issues for 18 years. But even among the conflict victims, there are divisions. One side wants to end the peace process quickly, while the other side wants to prolong the conflict for their benefit. Since this is a problem for the victims, politics has become entangled in it. It has also started to foster the idea of constantly promoting the party by bringing up the victims. This is not good for the peace process. If there is no agreement on the amendment act, the possibility of taking the issue to court could lead to further problems. If everyone goes to court, it complicates things further. Money shouldn’t be the primary focus of compensation. If it is, we might end up with fake victims stepping forward for financial gain, while the real victims are left without justice. I believe compensation should be based on a person’s skills, abilities, and needs, rather than just money. It should reflect what they’ve contributed, not just what they’ve done for financial gain. Arrangements should be made for employment, starting businesses, supporting the establishment of industries and factories, and providing opportunities to pursue higher education in desired subjects. However, there is doubt that this upcoming law will be implemented effectively, as there are divisions among conflict victims and political opposition. Those who suffered from the state side want the peace process to end, while those who were affected by the then-rebel side are still going to court, filing lawsuits, and making statements. They do not want this process to be over yet.

Laxmi Khadka

Conflict victim, Bardiya

It has been 18 years since we began asking for justice. In a sense, the victims are exhausted. In terms of health, age, finances, and social structure, it’s time for this issue to be resolved. How much longer? We feel that this issue should be settled within our lifetime. Although not everything has been addressed in the law brought by the government, many of the victims’ demands have been met. It is stipulated that 25% of the punishment should be served. Regardless of the amount, punishment is still punishment. Our loved ones cannot come back. The perpetrators should be punished according to the evidence and the law. There is no one left to support us; we have to depend on medicine and treatment. Compensation should not be considered as mere interim relief. The victims can’t sustain their lives with such compensation. I somehow managed to provide my children with an education through both happiness and hardship. Now, the state must support us, as I don’t want to find myself in a situation where I have to beg in front of my son and daughter-in-law in my old age. I believe that with financial support, I will be able to take care of my medicine, food, and clothing for the rest of my life. Old age has already set in, and I am no longer in a condition to earn a living. The state should work for the benefit of the victims. Additionally, the perpetrator should be punished according to the law because if no action is taken after taking someone’s life, such conflicts will continue to occur. To prevent this, action must be taken against the culprits.

Hemnath Pokharel

Conflict victim, Palpa

The amendment of this bill should have been a little faster. Although it was late, the amendment came through. This is a matter of happiness for the victims. Although this law is not complete to meet all the demands of the victims, we believe that it will address many of the problems of the victims. We have gone from not getting justice for many years to getting it no matter what. Just as the government introduced the law, it should be implemented immediately and effectively. If the work is done according to the law, justice can be felt to a large extent. Even with a 75% reduction in the sentence, the perpetrators should still be prosecuted. The law provides for this, but the provision of 25% punishment must be strictly enforced. Otherwise, the victims will not feel that justice has been served. Additionally, support should be based on the fulfillment of needs, and financial relief should be arranged. Not all victims share the same financial situation. Some victims are struggling to find food for the evening and the morning. While some might have access to wages, others should be connected to production activities to support themselves. Another thing is that there’s now a trend of making statues of those who have been killed. I believe true justice would be to honor everyone by giving them a martyr’s recognition instead.

Prakash Chaudhary

Conflict victim, Dang

After a long time, the Bill on Transitional Justice is being amended and is on its way to becoming law. This has made us happy, and I want to thank the government and political parties for their efforts. Now, this Act should be implemented as soon as possible with no further delays. Commissions were also formed back in 2014. However, the commission could not work in favor of the victims, which is why the process was never finalized. Now, the commission should be formed as soon as possible, with the participation of victims, ensuring that it is truly victim-friendly. It is said that the Commission will establish various subordinate units to investigate the truth. I insist that the participation of the victims should be mandatory. Identifying the problems and needs of the victims will assist these structures or mechanisms and expedite the process. Furthermore, victims have diverse opinions on justice, truth, and reparation. Some victims need education, others require health care, employment, or financial support, while some seek the construction of memorial structures. True justice can only be achieved if these diverse needs are properly addressed. In this campaign, the victims should support the state, and the state should fulfill its role as a guardian of the victims.