Nepal’s parliament endorses landmark bill on transitional justice
Kathmandu
In a landmark development, Nepal’s Parliament has passed the bill related to the Investigation of Enforced Disappeared Person, Truth and Reconciliation Commission (third amendment) 2071.
The bill aims to address the concerns raised by Nepal’s Supreme Court and the International Community on how to deal with the serious human rights violation cases committed during the insurgency era.
Nepal formed two separate mechanisms, one Truth and Reconciliation Commission and one Commission of Investigation on Enforced Disappeared Persons—two transitional justice mechanisms created 10 years ago but they failed to make any substantial progress.
Soon after the formation of two mechanisms, Nepal’s Supreme Court intervened stating that the current provision provides spaces for the blanket amnesty to Maoist leaders and state officials who were involved in serious human rights violations during the insurgency.
But, it took 10 years for the major political parties to amend the laws which completely paralyzed the functioning of the two commissions. Two commissions combined have received around 65,000 complaints of human rights violations.
Chairperson of CPN (Maoist Centre), Pushpa Kamal Dahal ‘Prachanda’, has said with the achievement of significant progress to conclude the peace process, a chapter of the political revolution has been over. During deliberations on the Bill designed to amend the Investigation on the Enforced Disappeared Persons and the Truth and Reconciliation Commission Act (third amendment) – 2079BS, the leader said with the peace process nearing a conclusion, avenues have opened for institutionalizing the achievements and advancing towards prosperity. As he said, the political understanding to finalize the Bill is a great justice to history and the recognition and respect for martyr’s dream. The erstwhile Prime Minister said many more have had their roles in the progress of the peace process to date, hoping for combined efforts to implement the achievements. “During the promulgation of the Constitution, we demonstrated national consensus and unity in the political agenda but failed to continue it during the implementation phase. There was a need for a high-level national consensus among use even after the promulgation of the Constitution. But, it remained elusive. Once the Bill gets endorsed, desired achievements will be secured,” the leader said. Nepal’s peace process was designed to be based on the home-grown approach, the former Prime Minister said, adding that it will be capable of protecting pluralism, strengthening democratic systems, and promoting social justice and full democracy to make the citizens feel the presence of peace and good governance. Stating that an additional challenge has come before him in his capacity as one of the main leaders of the peace process, Chair Dahal said although one of the signatories of the Comprehensive Peace Accord (CPA), Girija Prasad Koirala, is no more with us now, he as one of the other signatories pledged to always work to keep alive the spirit of the peace process. “I want to recall Koirala, the then president of the Nepali Congress, as this important bill along with the remaining responsibilities of the peace process is on the way to being passed. I want to again recall here that during my last meeting with him when he was in a hospital bed he had said the entire responsibility of the peace process rested on my shoulders after him,” the Maoist Centre Chair said, adding that this responsibility has been today fulfilled with the consensus among all the parties. He described the agreement between the then Maoist Party and the seven-party alliance as the foundation stone of Nepal’s peace process which became the point of departure for building an inclusive, proportional, democratic republic Nepal. Noting that the ongoing peace process of Nepal is a model for the world itself, he said, “Drafting of a new Constitution from the Constituent Assembly, the army integration and management of arms is the major achievement of the peace process.” Former Prime Minister Dahal stressed that the peace process has laid the foundation for sustainable peace for all Nepalis. According to him, the CPA was successful in addressing the problems of the women, Dalits, indigenous communities, nationalities, Madhesis, oppressed, neglected and minority communities, and backward regions, among others by putting to an end class-based, caste-based, linguistic, gender, cultural, religious and regional discriminations. He also praised the task force for forging agreement on the contentious issues of the TRC Bill. The Maoist Centre Chair asserted that now there is a challenge ahead in implementing the bill in its real essence. He also thanked the United Nations Secretary-General Antonio Guterres and other international community for their support in taking Nepal’s home-grown peace process to a logical conclusion.
