Transitional Justice For Sustainable Peace

The value of peace is eternal.  In old times, peace was mainly linked with the state’s security and order. It did not address the causes of conflict arising out of fear and unmet basic needs.  Civil wars opened the fissures of society and their resolution became vital for social and national unity. The constitution has offered a basis for the arbitration of rival interests. Democratic revolution has added extra values for peace:  human rights, justice, inclusion, representation and a tuneful bond with nature.  In post-conflict nations like Nepal, sustainable peace requires reducing conflict producing causes, abolition of coercion in human ties and justice to conflict victims and the poor.

Following the decade-long Maoist insurgency in Nepal, the need for sustainable peace has been amplified. Conflict transformation necessitates substantive democracy in the life of political parties, government and the state to foster the culture of accountability. The Comprehensive Peace Agreement (CPA) signed between the then ruling parties and the CPN-Maoist in November 2006 ignited the hope of Nepalis that the nation will leap into a new era where politics is free from violence. The transformative changes transformed Nepal into inclusive, secular, federal democratic republic, eased integration and rehabilitation of Maoist combatants, controlled the non-state armed actors, promulgated the constitution and held local, provincial and federal elections twice. 

 Grit of peace

Still, transitional justice — a process of dealing with the plight of the conflict victims - lingers as a hostile witness. The Ministry of Peace and Reconstruction and Local Peace Committees have worked for some years but their task of relief and mitigation of disputes is devolved to the local dispute mediation committee.  Inclusion of all parties in the government and their electoral alliance repaired some broken ties while social rituals have eased reconciliation. Transitional justice is the grit of peace.

The Truth and Reconciliation Commission and Commission of Inquiry on Enforced Disappeared Persons set up on February 10, 2015 to probe on the causes of human rights violation and crimes against humanity have registered 64,000 complaints of victims and 3,288 enforced disappearances. The office-bearers of these commissions’ leadership were appointed twice but they failed to perform as per the given mandate due to lack of trust among political leaders, conflict victims and the international community — the latter wanted transitional justice in tune with international standards.  Nepali leaders’ interest in power-sharing and unstable coalition governments delayed the process.  The recent accord of Nepali Congress (NC), Communist Party of Nepal Unified Marxist-Leninist and CPN (Maoist Centre) on concluding transitional justice has sparked off a gleam of hope.   

Human right bodies, the diplomatic community and the UN welcomed this step. The coalition government of NC and UML has amended certain provisions of both commissions in 2024 and included them in the Act. On October 18, 2024, it set up a five-member committee under former Chief Justice of the Supreme Court Om Prakash Mishra to recommend the names of chairmen and five members each in these commissions which are left leaderless and expedite the transitional justice so that conflict does not relapse and fault of previous commissioners can be rectified. Justice Mishra had shortlisted 40 names for the post of chairmen and members on the basis of an interview conducted by him and five other members. He, however, failed secure consent of parties on the names and its two months mandate expired, thus stoking the concern of conflict victims, human rights bodies and international community.   

The representatives of conflict victims have suggested to Justice Mishra not to repeat the failure of the past, organise public hearings about the candidates’ efficiency and engage civil society and experts so that decisions become trustworthy. They have also objected to some names for their contentious background, indifference with justice and lack of skills to resolve the issue. They called for nominating such candidates who have independent image, competence and awareness about their plight, versed in the spirit of transitional justice and humanitarian laws and keep fairness.

Nepali human rights and civil society groups are active in monitoring conflict-era human rights cases pertaining to death, torture, disappearance, sexual violence, extra-judicial killing and inhuman treatment.  The Supreme Court expressed that transitional justice should be in tune with international human rights standards. Conflict victims have formed their own associations to articulate their legitimate rights and lobbied for speedy justice and peace dividends. Justice is related to liberty, livelihood, cooperation and peace and its execution is vital for reconstructing politics and society. 

Certain relief and reconciliation have been initiated by religious groups, village elders, business community, NGOs, civil society and local peace committees. Even traditional mediation imbibed a culture of human rights culture and win-wing cooperation.  Nepal has to rediscover its old heritage of peace. The promotion of the harmony of ends and means, settlement of disputes at optimal scale, right livelihood and compassion can reconcile the society, festering wounds and prepare for sustainable peace.

Political consensus

A fair transitional justice can make the life of Nepalis interdependent. It marks a shift in various domain of policy such as peace economy of production, distribution and exchange, civic culture of reciprocity, rebuilding relationship, social inclusion and gender justice, revitalisation of institutions, curbing mass emigration, public security and founding  society on the values of trust, accepting truth, giving empathy, forgiveness and reciprocity. Nepali political leaders must reach a consensus on constitutional reforms, revive the fragile economy and make governance effective to meet the challenges of transitional justice. 

Peace can be sustainable if power structures of the political system are made accountable.  Peaceful change creates a virtuous cycle of healing, reconciliation, justice, truth telling and reparation, affirming the dignity of life. This entails creating leaders' public virtues, personal efficacy, integrity and peaceable character.  Home grown solutions are vital for its resilience backed by kind international support. But trust, respect and mutual cooperation of Nepali actors are indispensable because they have a stake in sustainable peace. Their abiding interest in it can shape democratic future.

 (Dahal holds an MA in Peace and Conflict from Otto-Von Guericke University, Germany.)