TJ Bill Endorsement

Nepal has come a long way before ushering in republican, federal and secular system. The country saw scores of movements, agitations and revolts that sought socio-economic transformation in the life of ordinary people. The decade-long Maoist armed conflict was such revolt that shook the Nepali society to the core. It had played an important role in pushing some structural political and social changes. The Maoist and parliamentary parties joined hands to end autocratic monarchy. Their joint movement led to abolition of monarchy that paved the way for the promulgation of new constitution. The country witnessed two rounds of elections for the three-tier government. Despite the political consolidation of republican and federal order, the political parties have been still unable to settle some thorny issues of the peace process. Conclusion of the transitional justice and the peace process is long overdue. The conflict victims have demanded that the state ensure justice for them. Thousands of people were killed and injured or subjected to forced disappearance and displacement during the insurgency.  

Concluding the transitional justice process is still in limbo 16 years after the Comprehensive Peace Agreement (CPA) was signed in 2006. The major political parties have been divided on defining crimes committed during the conflict and the degree of punishment to the perpetrators. Two separate commissions were formed to look into the matters. They did not complete their assigned tasks due to the lack of logistic, legal and financial support. The victims have objected to Investigation of Enforced Disappeared Persons, Truth and Reconciliation Commission Act-2014, stating that it gives amnesty to perpetrators of grave human rights violations. The Supreme Court also asked the government to revise it as per the international standards. As a result, transitional justice process suffered inordinate delay. 

The political parties represented in the parliament need to forge consensus on the amendment bill on the Investigation of Enforced Disappeared Persons, Truth and Reconciliation Commission Act-2014, which the government registered in the parliament after the Supreme Court ordered the registration of a writ against CPN-Maoist Centre chair and Prime Minister Pushpa Kamal Dahal Prachanda. The House is yet to start the clause-wise deliberation on the transitional justice (TJ) Bill. But the ruling and opposition parties have been divided on how to proceed with it. The opposition lawmakers want to discuss it in the concerned parliamentary committee yet to be formed but the ruling parties are for endorsing it through fast track process. The other day, Speaker Dev Raj Ghimire convened a meeting of top leaders of three major parties – CPN-Maoist Centre chair and PM Prachanda, Nepali Congress president Sher Bahadur Deuba and CPN-UML chair KP Sharma Oli – who discussed on conducting House business effectively.  

It is the first of its kind meeting after the formation of the present coalition government. The leaders dwelt on finalising amendment bills on TJ, the Constitutional Council Act-2009, and prevention of money laundering and promotion of business environment. PM Prachanda said that in principle, all leaders agreed on the need of reaching a consensus but the technical part of TJ bill should be settled after holding meeting with the experts. The PM also informed that they would find a middle path to endorse the Bill after UML leader insisted on taking it to the committee for discussion. The major parties should agree on settling the TJ issues without delay. All stakeholders of peace process must realise the fact that justice to the conflict victims must not be delayed for infinite period. The political commitment and cooperation is a must to this end.