Review Nepal News

Transitional Justice Likely To Translate Into Contentious
  Kathmandu, Nepal      August 20 2019


Kathmandu, Nepal, August 20, 2019: The government is preparing to appoint the commissioners of two transitional justice bodies- Truth and Reconciliation Commission (TRC) and Commission on Investigation of Enforced Disappeared Persons (CIEDP) going against the backdrop of demands for dissolution of the selection committee formed to recommend the names.

The victims as well as the international rights organizations have been criticizing the government for attempting to form the recommendation committee with non-transparent manner with the motive to act as per the direction of political parties, particularly the government head Nepal communist Party (NCP). 

However, the government is going to form the two commissions rightly after the recommendation of names for the commissioners by the controversial committee. Notwithstanding the widespread demands, the government is going to form the two commissions within a week. Prime Minister KP Oli has also said that the government would form the commissions without any further delay.  

Criticizing the government for not presenting seriously to make the transitional justice world accepted, various national as well as international right organization, conflict victims of the decade long insurgency and the political parties including the main opposition Nepali Congress have demanded to start a fresh appointment process by dissolving the incumbent recommendation committee.

The univocal demand of now is that the Transitional Justice Act has to be amended first in line with Supreme Court’s verdicts, and a fresh and transparent process has to be formulated to appoint the office bearers of the two transitional justice bodies. The government had formed the recommendation committee sans consultations with stakeholders concerned.  

As the government did not respond the repeated call to make the two transitional justice bodies more acceptable, various four international rights organizations- Amnesty International, International Commission of Jurists, Human Rights Watch and TRIAL International had issued a joint appeal calling the government to suspend the current process of appointment of commissioners in two transitional justice bodies, and initiate a new process in a transparent manner.

The Supreme Court (SC), the apex court of the country, had also already issued a ruling over the transitional justice mechanism that there should not be amnesty for grave human rights violations such as extra-judicial killing, enforced disappearance, torture, rape and other acts of sexual violence.

As per the SC verdict, torture and enforced disappearance must be criminalized through the enactment of laws, any provisions of limitations for grave offences must be removed, reconciliation cannot be made without the consent of victims, dignified and respectable reparation has to be placed for the victims, cases before court cannot be transferred to the transitional justice bodies and all the cases recommended by the transitional justice mechanism must be prosecuted.  

However, the government intends to escape not only the crux issues recommended by the SC, but also not responding the call of the international community to make the transitional justice mechanism with adherence of the fundamental principle of transitional justice.  It is said that the government head NCP has been preparing to form the two transitional justice bodies on the basis of the Comprehensive Peace Accord (CPA).  

As the government head formed the recommendation committee sans consent of the opposition parties, no dialogue is held between political parties to form the transitional justice bodies. The flaws in the Nepal’s transitional justice process have also been drawing global attention. The concerned experts have a suggestion that the issue related to the transitional justice should not be neglected if the government wants to settle the international justice of the country internally.