The
The government registered the amendment bill at the Parliament
secretariat on the same day. However, the bill couldn’t get through the
parliament following strong objections by the victims of the decade-long Maoist
insurgency, human rights defenders and human rights organisations. Along with
the revisions of several provisions of the Act, the bill envisioned extending
the terms of the two transitional justice mechanisms by two years at the
maximum.
But the bill has turned null and void with the expiry of the
term of the House of Representatives on September 20. As the terms of the Truth
and Reconciliation Commission and the Commission of Investigation on Enforced
Disappeared Persons expire on October 17, it is unclear what will happen of the
transitional justice process.
“We had hoped that the Act would be revised by Parliament after
incorporating our concerns. But that didn’t happen,” Janak Raut, a victim of
torture at the hands of [then Royal] Nepal Army and the former general secretary
of the Conflict Victims’ Common Platform, told the Post. “The victims want the
continuation of the commissions where their complaints have been registered.
They need to remain alive even for the safekeeping of our complaints.”
The truth commission has received 63,718 complaints while the
disappearance commission has 3,223 complaints in its database. Formed in
February 2015, the two transitional justice commissions have completed seven
years, the commissions have not been able to make any significant progress
towards investigating the complaints and providing justice to the victims.
The officials at the Ministry of Law, Justice and Parliamentary
Affairs say there is a common understanding that both the commissions must get
continuation. “The commissions cannot be dissolved without completing their
jobs,” Phanindra Gautam, spokesperson at the ministry, told the Post. “However,
we are yet to ascertain how the terms can be extended.”
Those, who have closely followed the transitional justice
process, say there are two options before the government to extend the
commission’s terms: first, by issuing an ordinance and second, using the
authority to ‘remove difficulties.’
On July 15, the government extended the terms as per Section 42
of the Commission for the Investigation on Enforced Disappeared Persons and
Truth and Reconciliation Commission Act 2014, which authorises the
This provision, however, requires the government to present an
ordinance in Parliament within 30 days. “As per my understanding so far, the
government is in no mood to issue an ordinance,” said an official at the
ministry who wished to remain anonymous. “The terms will be extended using the
authority delegated by Section 42. The decision will be tabled once the new
House comes into existence.”
Even if the terms of the commissions are extended, they will remain defunct in lack of leadership. Three months back, the government gave continuity to the commissions while bidding farewell to their chairpersons and members saying they failed to perform effectively. The five-member team led by Ganesh Datta Bhatta at the truth commission and Yubraj Subedi at the disappearance commission retired on July 16.
The amendment bill envisions appointing chairpersons and members
in the commissions through a consultative process. The victims for the past
several years have been demanding that they should be consulted while filling
the leadership positions at the commissions.
“We have no option but to wait until the new House decides on
the amendment bill,” said Raut. “Let’s hope the to-be-elected lawmakers feel
the pain of the victims.”
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