Address conflict-era cases urgently: TRC

Kathmandu, January 11

The Truth and Reconciliation Commission, which has not been receiving adequate support from the concerned stakeholders, has warned of the United Nations intervention if the transitional justice mechanism fails to address the conflict-era rights violation cases.

The TRC, along with the Commission of Inquiry on the Enforced Disappearances, was set up in February with two-years’ mandate of providing justice to victims and recommending action against those involved in serious crimes during the decade-long Maoist insurgency which ended in 2006.

“Many have taken TRC’s works lightly,” TRC Chairman Surya Kiran Gurung told The Himalayan Times. “We if we do not address conflict-era cases appropriately, we fear international community will step in, pass a UN resolution and set up a tribunal of its own.”

Even after 11 months of its formation, the body is still awaiting Cabinet’s approval for its regulations, which were drafted and sent to the government in August.

Gurung didn’t directly blame anyone in particular for not taking seriously the work that need to be done through the mechanism, but implied that all security forces, the government and the Maoists had failed to grasp the “gravity of the situation”.

“If we meet their expectation, we would be listed among a few successful TRCs, otherwise international community will step in.”

Gurung gave examples of the UN intervention following the failure of domestic transitional justice mechanism in many countries of Africa and Europe and warned that such fate may befall Nepal.

He cited the case of Col Kumar Lama, who is facing trial on charges of inflicting pain to detainees in Nepal during Maoist insurgency.

He warned of more such cases if Nepal fell short of addressing the transitional justice issues.

The TRC has urged all stakeholders, including the Parliament, the government, the security forces and the Maoists, who are now split into several factions, to provide real account of the cases of rights violations and provide genuine data of the conflict victims.

TRC senses both the parties of the conflict  the security agencies and the Maoists  think that the transitional justice mechanism views them as perpetrators and was set up to punish them.

“We are not here with pre-conceived notions. What we do is hear the long due cases of rights violations of the Maoists insurgency and resolve them permanently.”

Moreover, victims have not been registering complaints, mainly due to lack of trust in the existing peace mechanism  the district-level local peace committees, most of which, according to TRC’s findings, were involved in suggesting ‘fake names’ as conflict victims in the past.

It has also appealed  during consultation with the political parties, security bodies and local peace committees  to provide data of genuine victims who need to be recommended for necessary compensation.

The TRC so far visited 31 out of the 73 conflict-affected districts and interacted with local authorities, including CDOs, security bodies, the civil society, media and human rights defenders, to draft its work-plan.

In the next phase, it plans to interact with the conflict victims to hear their side of the story.