Transitional Justice: Priorities That Need to be Pushed

Communist Party of Nepal (Maoist) led decade-long (1996-2006) armed conflict ended with signing of the Comprehensive Peace Accord (CPA) on 21st November 2006. The CPA identified a number of priorities as the agendas of post-conflict peacebuilding including the promulgation of the Constitution through Constituent Assembly, management of arms and armies, reconstruction of destroyed infrastructure, and addressing wartime atrocities through transitional justice.

Some agendas highlighted in the Accord have made complete or partial progress. The tragedy, here, is that the issue of transitional justice and efforts to address the needs and rights of conflict victims have been made an agenda by everyone, but prioritized by none for 18 years, even after the beginning of the Peace Process. 

As an overall achievement of the last eighteen years, some progress has been made in transitional justice.  After seven years of signing of the accord, the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Ordinance was issued in 2013, while the TRC Act was passed in 2014. Following the Act, two commissions- Truth and Reconciliation Commission (TRC) and Commission of Investigation on Enforced Disappeared Persons (CIEDP) were formed in 2015.

The establishment of TRC  and the CIEDP was considered a significant step towards addressing conflict-related human rights violations as it planted hope of justice among the conflict victims. However, there was prolonged uncertainty due to the lack of political willingness, inadequate legislation, and ideological differences among victims, fueled by the late formation and limited mandates of the TRC and CIEDP. Additionally, the lack of technical expertise, resources, and clarity in the transitional justice bill has further hindered progress.

According to the information acquired from both commissions, CIEDP has thus far registered 3288 complaints, with 2515 still awaiting investigation, and has issued victim identification cards to 3997 family members of disappeared persons, recommending relief for 551 families. Likewise, TRC registered 63,718 complaints, of which only 3700 have undergone preliminary investigations.

Both commissions have been vacant and defunct since July 2022 in the absence of commissioners and adequate legislation. As a result, Conflict victims’ quest for truth, justice, reparation, and non-occurrence of violence and atrocities remain uncertain, casting a long shadow over the highly claimed narrative of a unique, home-grown, and nationally led process at the national and global arena.

Crisis of Ownership 

Since the very beginning of the Peace process,  the TRC Act was not a proactive initiative of the Government of Nepal. It was rather a response to the widespread demand for accountability from conflict victims and human rights organizations at national and global levels.

The TRC Act 2014 itself has faced significant criticism from victims, as it controversially mandates the Commission to recommend amnesty for those involved in gross violations, including enforced disappearances. The Supreme Court of Nepal declared multiple provisions of the Act unconstitutional in 2015. This has led to widespread disillusionment and calls for reform and since then, the Act has been awaiting amendments to align with international human rights standards.

However, in August 2024, the amendment bill to the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act was passed by the House of Representatives and subsequently endorsed by the National Assembly. Following approval from both houses, the Speaker forwarded the bill to the President, which was authenticated on 29 August 2024.  

Existing Realities of Conflict Victims 

Over 18 years, conflict victims have transformed themselves into empowered actors through strategic advocacy, victims’ mobilization across the country, and engaging with various human rights and civil society organizations nationally and internationally. Their proactive involvement is impressive and has successfully exerted pressure on the government.

In the last 18 years, I have met hundreds of conflict victims and listened to their stories of suffering and hope for justice. Through these interactions, it is clear that conflict victims are not a homogenous group; their needs vary based on individual circumstances and should be addressed through consultations with individual conflict victims’, their families, and victims’ networks at national, district, and local levels.

While a majority of conflict victims prioritize truth-seeking, justice, reconciliation, and guarantees of non-recurrence, they also require a range of reparations, including scholarships for their children, healthcare, livelihood opportunities, vocational training, and psychosocial support, to restore their dignity and ensure the quality of life.

Moreover, the importance of religious rites and rituals, associated with socio-cultural concepts of inner peace or emancipation should not be overlooked and must be given sincere consideration. Despite the strong agency of conflict victims across the nation, victims have little hope and widespread fatigue of the transitional justice process as they are no longer willing to remain “conflict victims”. They are longing for transformative solutions. 

What should be Done? 

It has been a bitter reality since the beginning of the Peace process that the issue of transitional justice was embraced by all and yet prioritized by none. Hence, rather than using it as a bargaining chip for power politics, the Government and all political parties should express their renewed commitment and legislative support to address the victims’ demands for truth, justice, and reparation. 

One of the best possible ways to do so would be public apologies from political actors, the undistorted truth about the past, restorative justice, adequate reparation, and official recognition from the government for their losses along with acknowledgement. Their resilience and unwavering movements for accountability should not be perceived as their vulnerability. The government should initiate urgent action for the appointment of commissioners in transitional justice commissions that truly honor their sacrifices and address their rightful claims.

Also, the government should not delay appointments in both commissions without further delay and provide them full authority to investigate the cases registered. Furthermore, it is the collective responsibility of federal, provincial, and local governments as well as national and international civil society organizations to support conflict victims and help them move ahead toward a more just society. Also, it is the stakeholders’ collective responsibility to explore why both commissions failed in the past to accomplish their tasks and how upcoming commissions can better ensure the smooth operations of the process.