KATHMANDU, DECEMBER 18
Following the failure of top leaders to select the office bearers of the Transitional Justice Panels-Truth and Reconciliation Commissions (TRC) and the Commission of Investigation on Enforced Disappearances (CIEDP)-Amnesty International, Human Rights Watch, and the International Commission of Jurists have written to Prime Minister Oli, requesting credible appointments to the Transitional Justice (TJ) Commissions.
Copies of the letter have also been sent to Sher Bahadur Deuba, President of the Nepali Congress, and Pushpa Kamal Dahal, Chairperson, CPN-Maoist Centre.
Since the end of hostilities in Nepal's internal armed conflict in 2006, the search for truth, justice, and reparations for conflict victims has encountered significant challenges, undermining the rule of law and eroding public trust in state institutions.
"Nineteen years later, a consensus among political parties on amending transitional justice laws has finally emerged, sparking cautious optimism," the letter states.
"We have publicly commended this consensus and acknowledged the positive provisions in the amended law. Despite the law's shortcomings, appointing competent, impartial, independent, and widely trusted individuals to the commissions can help to ensure a successful process."
According to them, it should be done through a Nepal-led process, as the Nepal government has a responsibility to ensure an effective and just outcome to Nepal's transitional justice process, ensuring victims and survivors have access to justice and reparations for violations and abuses.
"This obligation arises from the principles and commitments enshrined in Nepal's Constitution, the Comprehensive Peace Agreement, Supreme Court rulings, and Nepal's international human rights obligations," the letter states.
The letter comes at a time when leaders face the daunting task of appointing members to the TRC and CIEDP. The Recommendation Committee's two-month window to select candidates expired on December 16, 2024, without the process being completed successfully, and the committee recommended that the government form a new Recommendation Committee.
Earlier, the committee had published a shortlist of candidates, which sparked strong opposition from conflict victim communities and other members of civil society.
In a press release dated December 7, 2024, over two dozen victims' and survivors' groups expressed concern, stating that the list appears to favour individuals with contentious reputations for key positions.
"This jeopardises the opportunity to meaningfully address transitional justice issues."
They requested that the Recommendation Committee consult with individuals who were excluded from the shortlist, include their names, and ensure that the selection process is fair, transparent, and competitive.
"In our view, the process must aim at selecting members on the basis of their competence in human rights and other relevant areas of international law, proven independence and recognised impartiality, and reflecting gender balance and a pluralist representation of society," reads the letter.
Similarly, on December 9, 2024, two former members of the National Human Rights Commission, along with a senior journalist and human rights advocate, issued a press statement criticising the Recommendation Committee for failing to meet long-standing demands to appoint knowledgeable and credible individuals trusted by victim communities.
They expressed their strong opposition to the current shortlist, warning that 'neither commission will have credibility' and 'cannot expect cooperation from the human rights and conflict victim communities' if led by the shortlisted candidates. They have also advocated for the cancellation of the current shortlist and the start of a new, more inclusive process.
"It is clear that the Recommendation Committee's work must meet standards of independence and impartiality, inclusivity, transparency, and participation. We urge the government to immediately form a new committee to reconsider this approach, taking into account the concerns expressed by victims, survivors, Nepali civil society, and international organisations. Competency, integrity, and public trust in commissioners are required for the commissions to carry out their important mandates as outlined in the law," the rights watchdogs said.
"We call 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."
Stating that two prior failed attempts at transitional justice, the risk of a third failure looms large, the rights watchdogs said, "Such a failure could indicate Nepal's unwillingness or inability to hold people accountable for serious human rights violations, including crimes under international law."
