Ensure Justice To Conflict Victims

The process of settling the protracted issue concerning transitional justice in Nepal has resumed after a long interval, creating a new ray of light among the victims of the decade-long civil war and their families. A committee consisting of representatives of the three major political parties – Nepali Congress, CPN-UML and CPN-Maoist Centre – has lately submitted its report to the leaderships. As the coordinator of the taskforce, Minister for Home Affairs Ramesh Lekhak presented the report to Prime Minister KP Sharma Oli, Nepali Congress President Sher Bahadur Deuba and CPN- Maoist Centre Pushpa Kamal Dahal Prachanda at the Singha Durbar. In course of preparing the document, the team had held extensive discussions among stakeholders, including conflict victims, to forge a consensus on various contentious matters related to the transitional justice process. 

Indiscriminate killings

The taskforce has decided to take indiscriminate killings as serious violations of human rights. The panel, however, has decided to significantly reduce the sentence of those found guilty in serious violations of human rights by 75 per cent. Such perpetrators will face 25 per cent of prison term as per the existing laws. Once the amended bill gets through the parliamentary process, those willing to file cases related to rape and other forms of sexual violence may do it within a period of three months. The perpetrators involved in heinous crimes like rapes will have to face legal action. It means they will not get any amnesty. Recently, Minister for Home Affairs Lekhak clarified that such offenders would not get any pardon.

This provision may not be acceptable to the conflict victims as well as the international community since they have constantly voiced for victim-centric justice. But the taskforce members agreed that the remaining tasks of the peace process should be concluded in line with the international practices, the victims’ wishes and the Supreme Court (SC) verdicts. According to the taskforce’s report, any victim who is reluctant to reconcile will have the right to move the court against the offenders. Over, 17,000 individuals, including Maoist combatants, security personnel and common people, were killed in the armed insurgency. 

In accordance with the agreement, all the disqualified ex-Maoist combatants and the families of security personnel killed or injured during the conflict will get reparation and compensation. The top leaders of the three parties have said that they have agreed to amend the law in view of the victims’ concerns and conclude the peace process once and for all. All the stakeholders must abide by the agreement and implement it accordingly, ensuring justice to the victims. No doubt, the three-party deal is a major breakthrough when it comes to resuming the peace process. 

The key political parties are planning to get the amendment Bill on Investigation of Enforced Disappeared Persons, Truth and Reconciliation Commission Act, 2014 endorsed by the federal parliament during its ongoing session. A parliamentary panel will study the Bill and forward it to the parliament for approval. About one and a half years back, the then government had presented the Bill in the House of Representatives (HoR). Since then, it has been under consideration in the Law, Justice and Human Rights Committee of the HoR. The bill could not move ahead due to a lack of understanding among the political parties. 

The issue of transitional justice had to be resolved as soon as possible following the signing of the Comprehensive Peace Accord (CPA) in November 2006. The CPA was instrumental in ending the armed conflict and restoring peace within the country. Although the issue was raised time and again in the past, it could not be settled in the absence of a strong political commitment and will. It seems that the political parties did not prioritise the matter despite its urgency. Instead, they got involved in power plays. Thus, delivering the transitional justice remained in the shadow of political maneuver. 

Anyway, the major political parties have now taken the initiative to conclude the remnants of the historic peace process by healing the wounds of the victims and their families. Providing the transitional justice to the victims was one of the issues included in an agreement that was inked between the NC and UML just before forging a new political alliance. They have been successful in taking the CPN-Maoist Centre as well into confidence. Other important tasks such as promulgating the constitution and managing the ex-Maoist combatants were carried out several years ago. 

Complaints

It is notable that over 3,000 complaints of enforced disappearances have already been filed at the Commission of Investigation on Enforced Disappeared Persons (CIEDP) and nearly 64,000 cases at the Truth and Reconciliation Commission (TRC). Having formed in 2015, these commissions could not accomplish their responsibilities fully because of a lack of their chiefs and office-bearers. Considering a sensitive nature of these jobs, the government must appoint highly competent and honest persons to these positions. 

Such officials alone could settle the prolonged issue of transitional justice. Otherwise, the commissions may not be able to carry out their responsibilities properly, hampering the peace process again. It should also ensure that necessary human and financial resources are made available to these transitional justice bodies. As lengthening the transitional justice process is not beneficial for anyone, all sections of society must extend their necessary support to these commissions to conclude it as soon as possible. When this process comes to an end, there will be durable peace and harmony in society.    

(The author is a former deputy executive editor of this daily.)