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Derailed Transitional Justice Sparks Fear of Hague Court
  Kathmandu, Nepal      August 03 2019

Kathmandu, Nepal, August 4, 2019: The long being derailed Transitional Justice (TJ) of Nepal likely to trigger severe consequence in the country to reach the ongoing peace process into a logical conclusion. Referring to the appointment process of commissioners at the two transitional justice bodies- Truth and Reconciliation Commission (TRC) and Commission of Investigation on Enforced Disappeared Persons (CIEDP), international right organizations have raised their serious concerns. 

A group of international rights bodies have on Monday urged the Nepal government to suspend the current process to appoint the commissioners of the TRC and CIEDP stating that recent process initiated by the government to appoint the chairs and commissioners at the two transitional justice bodies would not fulfill the genuine concerns of the concerned stakeholders.

The Human Rights Watch, Amnesty International, the International Commission of Jurists (ICJ) and TRIAL International issued a strong-worded joint statement raising serious question marks about the transparency of the ongoing Chairs and commissioners appointment process at the TRC and CIEDP. 

The International right bodies have issued the statement rightly after the statement of government head Nepal Communist Party NCP Co-chair Pushpa Kamal Dahal had stated that he would not worry but would be an internationally recognized hero if he was reached to Hague Court for war era crimes. 

The statement of Dahal and joint press release of international right organization have been taken as of a gesture of something cooked inside the country regarding the transitional justice of the country rather than a coincidence.   

Though two TJ bodies, which were formed with the mandate to investigate the war era crimes, have no commissioners since mid-April, the government has shown no seriousness to fulfill the vacant position responding to the genuine concerns of the national and international agencies concerned. The government had compelled to resign to the former chairs and commissioners of the two TJ bodies for failing to accomplish the given task within the given timeframe.     

The International right bodies have issued the statements echoing the voices of the victims of the decade long insurgency that transparency has to be mentioned while appointing the chairs and commissioners of the TJ bodies. Separate alliances of the conflict victims have a suspicion that the government would not fulfill even the international norms and standers while forming the TJ bodies.   
Then CPN (Maoist), which had launched insurgency for a decade naming it as peoples’ movement, has now transferred into Nepal Communist Party (NCP) after merging with the former CPN UML and the party has led the government. 

As the NCP has now led the government with almost two third majorities in the parliament, it is suspected that the government would move forward to end the transitional justice on its own way and style sans fulfilling international norms and standers.  

Though the recommendation committee formed by the government to suggest the names of commissioners for the TRC and CIEDP has not yet suggested the names but set a criteria, the government has allegedly pressing the committee to forward the names to appoint the chairs and commissioners of the two TJ bodies. 

The victims and the right agencies have raised serious question marks about Nepal government's inaction in addressing conflict-era human rights violations, and the lack of transparency in the appointment of commissioners at the TRC and CIEDP. It is said that the recommendation committee formed by the government has finalized the criteria to pick chairs and commissioners of the two TJ bodies going against the line and spirit of the international norms and values. 

It is claimed that the criteria set by the committee would not ensure legal framework is consistent with the international human rights standards and previous Supreme Court rulings too. As the committee has failed even to take consent from the opposition parties and the victims as well, questions have been raised over the motive and intention of the government and its head NCP.

The international right bodies and the victims have repeatedly been criticizing the incumbent government for not delivering expected results despite repeated commitment to ensure justice to the conflict victims.

‘The failure of the government to deliver on its commitment to ensure truth, justice and reparations for the victims of the conflict-era abuses shows a dismaying disregard for the protection of human rights, reads the statement.  issued by the Meenakshi Ganguly, South Asia director at Human Rights Watch.

The lack of progress in holding perpetrators accountable for the suffering inflicted upon victims, their families and Nepali society as a whole, is appalling, ICJ Asia-Pacific Director Frederick Rawski has stated in the release. 

More than 17,000 people were killed in the decade long Maoist insurgency leaving hundreds of thousands homeless and injured. Though the insurgency was ended after signing a peace accord in 2006, political leaders regardless of government allies or opposition parties have shown no seriousness to reach the transitional justice into logical conclusion.