Logical Conclusion Of Transitional Justice

The decade-long Maoist insurgency has left a deep mark on Nepali society. More than 17,000 people, including security personnel and rebels, were killed during the conflict. Many more were injured while thousands have gone missing or were forced to disappear. It witnessed massive human rights violations from both sides of the conflict – state forces and Maoist combatants. The Comprehensive Peace Accord (CPA), signed in November 2006, sought to restore transitional justice (TJ) to the victims of insurgency through credible institutional mechanisms. The CPA envisions forming National Peace and Rehabilitation Commission, Truth Commission, and a high-level Commission for State Restructuring. It stressed respectful rehabilitation and social integration of the displaced people. Efforts have been made to create terms for the reconciliation between the victims and perpetrators through criminal prosecutions, truth revelation and reparation process. 

In line with the spirit of the CPA, the government formed the Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP) in 2015. The TRC has so far received 63,718 complaints while the CIEDP got 3,223 complaints. Peace, democracy, reconciliation and economic transformation are necessary in the post-conflict phase. Those affected by the conflict also need emotional healing for they have lost their relatives and the beloved. TJ is vital to create an enabling condition in which victims lead a normal life and perpetrators are punished for their crimes committed during the conflict. Special measures are taken to ensure restorative and social justice.  It is an approach to address the root causes of conflict, thereby launching political and economic reforms to overcome the inherent structural problems facing the people. 

The human rights violations that occurred during the conflict can hardly be addressed through the criminal justice system that is meant to deals with crimes that take place in normal times. It consists of government’s security and legal agencies such as police, court, the Attorney General’s office and the prisons. During the conflict, the legitimate institutions mostly get frayed and are unable to tackle serious cases of rights violations. This is a reason why Minister for Law, Justice and Parliamentary Affairs Govinda Prasad Sharma Koirala said that the transitional justice was required as the criminal justice system did not work during conflict period in any country. His remarks have come in response to a protest note on the Bill on Enforced Disappeared Persons, Truth and Reconciliation Commission (Third Amendment), 2079 BS in the meeting of the House of Representatives on Tuesday. The House rejected the protest note filed by lawmaker Prem Suwal. 

TJ is ensured on the basis of truth, justice, reparation and institutional reforms.  Minister Koirala has noted that after finding out the causes of the conflict and identifying incidents of   violation, TRC has taken  some  cases  of   serious  nature  to  trial  and  planning to forge  conciliation  in  the  rest  of   the  cases. It is international practice that those involved in the grave crimes such as murder and rape are subject to stern punishment as per the law of the land. The proposed amendment Bill has clearly outlined this fact that contradicts with the claims of some rights activists, who have argued that the Bill absolves the perpetrators. It is true there have been inordinate delays in concluding the TJ process. As a result, conflict victims have run out of patience. Let's hope that once the amendment Bill is approved by the House, TJ process gathers momentum, helping to conclude the last remaining chapter of the peace process.