We Doubt Over the State Itself

The formal end of the decade-long armed conflict was through the Comprehensive Peace Agreement on 21 November 2006. Today marks the 18th anniversary of the peace agreement. According to INSEC’s records, from February 13, 1996, to November 21, 2006, a total of 13,248 people were killed by both the government and the then-rebel, the Communist Party of Nepal (Maoist), and 931 civilians were forcibly disappeared. Although the Comprehensive Peace Agreement addressed political issues, the issues of the conflict victims remain unresolved. Even after 18 years, the unresolved problems of conflict victims need to be addressed immediately. The government formed the Enforced Disappearances Enquiry Commission and Truth and Reconciliation Commission on February 10, 2015. Although both commissions received complaints from victims and carried out basic tasks like compensation, they could not advance other processes. The Truth and Reconciliation Commission has registered 63,718 complaints to date, of which it decided to set aside 3,000 cases. While the commission worked on providing conflict victim identification cards, collecting reparation forms, and recommending compensation, the absence of officials has hindered further progress. Out of 3,243 complaints registered with the Commission of Enforced Disappeared Persons, 237 complaints have been forwarded to the Truth and Reconciliation Commission as they fall under its jurisdiction. Detailed investigations are ongoing for 2,496 complaints. After significant efforts, the Bill to Amend the Commission for Investigation on Enforced Disappeared Persons and Truth and Reconciliation Commission Act, 2014 (Third Amendment), 2024, was certified by the President on August 29 and has now come into effect. The government has moved forward with the transitional justice process. On April 12, 2024, the government took the necessary steps by forming a Recommendation Committee to recommend officials for the Truth and Reconciliation Commission and the Commission of Enforced Disappeared Persons. The committee is chaired by former Chief Justice Om Prakash Mishra and will recommend officials for both commissions.
Conflict-affected victims have raised concerns that the previous commissions were not victim-friendly. It has been reported that conflict victims expect the new commissions to be more inclusive and effective in addressing their issues. In this context, INSEC representative Punya Adhikari has gathered opinions from members of conflict victims’ families, which are presented here.
Tulasi Chapagain
Transitional Justice Civil Monitoring Committee, Koshi member
It is our responsibility as citizens to trust the state. However, in the context of the transitional justice process, we have felt betrayed by the state. It has been 17 to 18 years that the families of conflict victims have been waiting for justice. Yet, the state has not been able to advance the process of justice concretely. There is no doubt that we have been denied justice when people who understand the problems and suffering of conflict-affected families are absent in the commissions formed by the government. The state is once again moving forward with the transitional justice process by forming a new committee. Those appointed to the committee must possess the ability to perform their duties impartially, free from political affiliations, and with a genuine understanding of the problems faced by victims. As a member of the Transitional Justice Civil Monitoring Committee, Koshi, chaired by former INSEC Chairperson Sushil Pyakurel, I believe there is a pressing need to exert pressure on the government to ensure the right appointments are made. If individuals who are more qualified, empathetic, and committed to justice are appointed, there will be a meaningful opportunity for victims to finally receive the justice they have long been waiting for.
Lila Tamang
Conflict Victim
We still doubt the state. The lack of willpower from the state or political party representatives has kept the conflict victims waiting for justice for nearly two decades. The state’s unwillingness has deprived us of justice. The government has stated that it will form a commission to move the transitional justice process forward. If the state does not turn the issues of conflict victims into political agendas, the members of conflict-affected families are certain to receive justice. However, the problem lies within the state. If political leaders focus on helping conflict victims achieve justice, they will always have the support of the affected families.
Rita Giri
Conflict Victim
The government has not established a proper process for delivering justice. Instead, it has provided justice to the victims’ families in installments, which is surprising. Is justice meant to be delivered in installments? In our country, political leaders get whatever they want. The conflict-affected families have been waiting for justice for nearly two decades. However, political leaders still seem uninterested in ensuring justice for them. While the government has formed commissions to provide justice to conflict victims and for transitional justice, it is now forming a new committee. Before that, individuals who understand the pain, suffering, and emotions of conflict-affected families must be appointed to the new committee. Only then will we have a chance to receive justice. Otherwise, it will be another attempt by the state to deceive conflict victims.
Indra Bahadur Limbu
Conflict Victim
It has been nearly two decades since my sister went missing. During this long period, the state has never taken responsibility. I have never accepted or asked for any money from the state. At that time, the armed police, who were state officials, made my sister disappear. I have the right to know what happened to my sister, and the state must provide me with a clear and definitive answer. The state created two commissions with the promise of delivering justice to conflict-affected families, yet neither of these commissions has ever provided me with any answers. The state is claiming it will provide justice to the families of conflict victims by forming a committee. However, we will only receive answers or justice if individuals with a clean and reputable image are appointed to lead the committee. Otherwise, this wound will only worsen. The state cannot provide justice to conflict victims by setting up and dissolving committees similar to how the state has repeatedly formed and dissolved various commissions to issue land certificates to the landless. We remain deeply skeptical of the state’s intentions and actions.
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