Milestone TRC Bill

Eighteen years after the signing of Comprehensive Peace Accord (CPA) that ended the 1996-2006 Maoist-led conflict and cleared the deck for lasting peace in Nepal, the House of Representatives (HoR) on Wednesday passed the Investigation, Truth and Reconciliation Commission (Third) Amendment Bill, 2024, also known as the Transitional Justice Bill, with the majority. What set the stage for its passage was the agreement forged between three major political parties – NC, CPN-UML and CPN - Maoist Centre – less than a week ago. 

The Bill, which seeks to address and resolve longstanding issues related to transitional justice, was reviewed and approved by Human Rights Committee of the House.  The agreement declares intentional and arbitrary killings have been categorised as the serious violations of human rights and sentence to the guilty of such crimes could be reduced by 75 per cent – the decision that needs to be taken only after the perpetrators meet the set criteria, which includes whether they cooperate in collecting evidence, whether they express remorse for their acts and have apologised to their victims, among others. 

Moreover, a victim, who is not ready to come to terms, can drag the culprits to the court in pursuit of justice. All disqualified Maoist combatants including child combatants, along with the families of security personnel who died or got injured during the insurgency, will get reparation and compensation. 

This welcome development marks a giant leap towards concluding the peace process. Hailed as a historic achievement in ensuring justice to the victims of the conflict at home and abroad, it has raised hope that the justice will be served to the victims. The EU has responded positively and assured of full support for its implementation, as has the United States (US), among other countries, calling it the exemplary process led by the country itself. The UN has also expressed its happiness as well as readiness to provide help in line with international human rights commitments and standards. 

While the major leaders have claimed that the passage of the bill goes a long way to ensure justice to the victims and set the precedent for the future, some human rights defenders have expressed their reservations about some provisions of the Bill. The government should take this matter seriously and work to address their concerns. 

Following the endorsement of the Bill, leaders of major parties have commended it as home-grown process in ending the residues of bellicose movement that rocked Nepali society. Prime Minister KP Sharma Oli expressed his satisfaction with the agreement, calling it a significant achievement in the peace process. He also stated that it marked a pivotal moment in Nepal's journey towards reconciliation.  The Maoist Centre chair Pushpa Kamal Dahal Prachanda said consent on the bill would lead the country towards the logical conclusion of the protracted peace process, describing it as a historic milestone that honours the dream of countless martyrs.

Similarly, former prime minister and president of the Nepali Congress, Sher Bahadur Deuba, lauded the breakthrough in reaching the accord, calling it historic milestone in Nepal's political history and underscoring the necessity of establishing a competent commission and enacting appropriate laws to address the issues of transitional justice. Now that the Bill has become the law, it's incumbent upon the government to implement it in letter and spirit. Only doing so ensures that the government and the political parties are serious about delivering justice and the lasting peace it entails.