Conclude Transitional Justice

Manjima Dhakal

On the recent World Human Rights Day, Prime Minister Pushpa Kamal Dahal ‘Prachanda’invited conflict victims leaders from the decade-long conflict to his residence in Baluwatar. During the meeting, he reiterated his commitment to concluding the remaining work of the peace process. In that meeting, he sought the support of conflict victims for the ongoing process. True to his commitment, the Prime Minister has been consistently engaging in frequent meetings with the heads of major political parties to garner consensus on the Truth and Reconciliation (TRC). Besides, even in some public programmes, Prime Minister and his cabinet ministers are publicly committing to conclude the work soon. 

However, a recent event tell a different story. A family of a disappeared person performed the last rituals for their loved one after being exhausted from 21 years of waiting. The reason is the delay in justice and finding the truth of the disappeared person. The family of disappeared Bhupendra Upreti of Nepalgunj performed his last rituals at Pasupati Aaryaghat. According to a news report, disappeared Upreti's wife, Chandrakala Upreti, who was in the last rituals, said that despite the cremation, she still has hope for her husband's return. Chandrakala said they were compelled to do the rituals after they received no support from the state.

The Upreti story is only emblematic. Numerous families neglected by even different governments and parties are losing hope in their pursuit of truth regarding their missing loved ones. Although the comprehensive peace agreement signed in 2005 states that the status of forcibly disappeared persons will be made public within 60 days, it has not yet been implemented. The government-formed disappeared commission received as many as 3,223 complaints of disappearance. Now the commission is without officials and the government is in process to bring new bill regarding the truth commission and commission related to disappeared persons. 

As political parties and government don't seem serious about the pain of conflict victims, the international community should also take note of Nepal's struggles with transitional justice and apply pressure on the government to uphold human rights. Enforced disappearances are a gross violation, and the lack of resolution perpetuates a culture of impunity. The hope expressed by the Upreti family highlights the enduring faith in justice and the yearning for their loved one's return.

The recent movements of victims from both sides – state and opposition – appear that both victims and parties directly involved in the conflict are eager to conclude the transitional justice process. Families, spanning almost a generation, are fervently praying for the resolution of the TRC process due to the numerous difficulties they face in their daily lives. However, certain activist groups and some interest groups are indirectly attempting to derail the process. 

Hence, as the new TRC bill is in the process of being tabled in the Parliament, all parliamentarians, political parties, human rights activists, and other stakeholders must earnestly work towards concluding the process, ensuring justice for victims. If Nepal successfully concludes the remaining peace process in a good manner, it will get recognition in the international community. Nepal could become a role model for the peaceful resolution of conflicts.

Nepal stands at a critical juncture where the government must translate promises into action, delivering on the commitments made in the peace agreement. The plight of families like the Upretis serves as a stark reminder that justice delayed is justice denied. Therefore, urgent steps are needed to address the long-standing grievances of the victims of enforced disappearance as well as other types of victims.