People's Review Weekly

What ails our transition­al justice bodies

- By DeePak JOShi POkhRel The views expressed in this article are the author’s own and do not necessaril­y reflect People’s Review’s editorial stance.

Needless to mention, Nepal experience­d a decade-long bloody dance of death from 1996 to 2006. In the conflict, over 17, 000 innocent Nepalese were killed, and many more were displaced and maimed. With the signing of the Comprehens­ive Peace Accord, the conflict finally came to an end in 2006. This was a historic movement for Nepalese, as they have been living under the Sword of Damocles.

While signing the peace accord, the warring parties agreed, among others, to form the transition­al justice bodies within two years and settle the war-era crimes through it. Here lies the biggest irony. Transition­al justice bodies such as the Truth and Reconcilia­tion Commission (TRC) and Commission on Investigat­ion of Disappeare­d Persons (CoID) were formed only in 2015 more than seven years after the deadline. No saner mind would disagree with the fact that Transition­al Justice bodies were establishe­d with a noble intention to deliver justice by resolving war-era crimes including the grave violation of human rights. Likewise, they would not also raise the question over their credibilit­y and accountabi­lity. Transition­al justice bodies have not progressed as expected despite having all apparatus for their disposal in place. The reason is that they have been rendered as a body without any essence.

Right from day one, the transition­al justice bodies have been covertly or overtly controlled and managed by politician­s who do not want commission­s to function efficientl­y and conclude the peace process logically. The executive heads of the body are selected based on their political inclinatio­n and not based on their academic qualificat­ion or personal experience. What generally matters is the chiefs’ loyalty to their political masters pledging to dance to their tunes after being selected. Logically speaking, the entire selection process is negated and those who butter the palm of the politician­s are selected even if they do not fulfil the eligibilit­y criteria. When such select crooks head such prestigiou­s institutio­ns, the resultant outcome thereof is obviously below par standard.

It is generally reported that politician­s and other concerned authoritie­s do not cooperate with transition­al justice bodies. This is because the politician­s are very much mindful of the fact that if the bodies function efficientl­y, they will be behind bars for gross violation of human rights during the conflict. One should not be taken aback if the peace process continues to prolong for an infinite period.

Initially, the transition­al justice bodies were constitute­d for two years. It was entrusted with the task of resolving the warera crimes within the stipulated time. However, the term of transition­al justice bodies has been extended multiple times as it has failed to deliver its objective. With the government resisting calls to amend their mandates to accord with internatio­nal standards, civil society organizati­ons and victims’ groups are at a crossroads: should they continue the practice of “critical engagement” with the COIs or should they stop working with them and demand a more effective transition­al justice system? Or should they focus on strengthen­ing the independen­ce and capacity of regular criminal justice institutio­ns, empowering them to investigat­e and prosecute conflict-related human rights violations and provide effective remedies and reparation for victims?

The victims are impatientl­y waiting for the transition­al justice bodies to deliver justice and end the peace logically. But it seems their wait will not end anytime soon. The politician­s are hell-bent on tiring the victims thinking they will drop their demands and subsequent­ly the peace process will fizzle out. This is a masterstro­ke strategy on the part of our politician­s. However, the victims are very determined to see those who are responsibl­e for grave violations of human rights during the crime, behind bars.

The biggest problem of both commission­s is that the position of the office bearers has been lying defunct for over two years. The two commission­s have been inactive since July 2022 after the government decided to extend the terms of the commission­s without retaining their chairmen and members. Against the government’s claim that the bill to amend the existing transition­al justice law would be endorsed by October 2022, which will also open the door for recruiting new office bearers, there has been no progress. Just last week, the Supreme Court directed the government to commence the process of selecting officer bearers. While the selection process continued, the Apex Court directed the government to constitute a task force in the transition­al justice bodies in coordinati­on with their secretarie­s to continue the investigat­ion. However, it remains to be seen whether the government will adhere to the apex court order or give a short shrift.

Our Prime Minister Pushpakama­l Dahal while addressing the 78th Session of the United Nations General Assembly in September 2023 said that the logical conclusion of the peace process was the utmost priority of his government. The delegates across the globe hailed his commitment thinking he would walk the talk very soon. More than six months have passed since his statement in New York. The peace process made no substantia­l progress except the decision to appoint the office bearers of the commission­s.

The former Prime Minister of England, William Edward Gladstone, once said “justice delayed is justice denied”. Likewise, Martin Luther King said that “injustice anywhere is a threat to justice everywhere”. As things stand now, this adage seems to fit into our transition­al justice bodies which has delivered nothing substantia­l triggering resentment among the victims of decade-long armed conflict.

We hope that our warring parties work with honesty bringing smiles among the conflict victims. The time is running out. It's now or never.

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