KATHMANDU, DECEMBER 30
Another year has been added to the calendar of conflict victims awaiting justice, and it remains one of the most pressing issues for the government to address.
This year, however, provided grim hope for victims seeking justice for loved ones lost during a decade-long Maoist insurgency.
A committee was formed to appoint office bearers to deliver justice, but it fell short once more due to apathy on the part of political leadership and failure to complete the transitional justice agenda.
And, since the end of hostilities in Nepal's internal armed conflict in 2006, the search for truth, justice, and reparations for conflict victims has faced significant obstacles, undermining the rule of law and eroding public trust in state institutions.
The Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappearances (CIEDP), which have been without office bearers since 2023, remained vacant this year too, as their mandates were unfulfilled.
The search committee's indecision and lack of leadership have once again failed to demonstrate a willingness to provide justice to victims of armed conflict who have died, been injured, disappeared, or suffered other injustices.
According to reports, the main reason for this failure is the unwillingness of the top leaders of the three major parties-the Nepali Congress, CPN-UML, and CPN-MC-to reach an agreement.
The statement issued by Khamba Bahadur Khati, spokesperson for the search committee, stated that because the recommendation committee was unable to reach an agreement on some issues, deciding on the majority and minority within the recommendation committee could have far-reaching consequences. "To make the process of appointing the chairperson and members of the commission more credible and acceptable in order to bring the peace process to a close, it is appropriate to broaden and strengthen the search for suitable candidates for the chairperson and members of the commission, as well as to proceed with the appointment process," it reads.
In the midst of disagreements among the political leaders, the process will restart from the same point. While the CIEDP has about 2,400 cases pending, the TRC has received 63,718 complaints. Since their initial formation in 2015, the commissions have primarily collected complaints and carried out initial investigations in certain cases.
Following the failure of top leaders to select the office bearers of the TRC and CIEDP International human rights watchdogs, including Amnesty International, Human Rights Watch, and the International Commission of Jurists, they wrote to Prime Minister KP Sharma Oli, requesting credible appointments to the Transitional Justice (TJ) Commissions.
Copies of the letter were also sent to Sher Bahadur Deuba, President of the Nepali Congress, and Pushpa Kamal Dahal, Chairperson, CPN-Maoist Centre, on December 18.
They called on the prime minister and the leaders of major political parties to ensure a conducive environment for selecting independent, impartial, competent, diverse and widely accepted leadership for the commissions by consulting victims, survivors and civil society stakeholders.
In the wake of two prior failed attempts at transitional justice, the risk of a third failure looms large, the rights watchdogs said, adding that such a failure could indicate Nepal's unwillingness or inability to hold people accountable for serious human rights violations, including crimes under international law.
Meanwhile, transitional justice experts have concluded that the current failure can lead to the correct decision rather than a bad start.
Suman Adhikari, founding chairperson of the Conflict Victims Common Platform, told THT, "On the one hand, after such political interests and interference were revealed, there is some confusion about how the recommendation committee will be formed and who will be ready to go. On the other hand, it can be viewed as an opportunity to form a competent and credible commission rather than a bad one."
