Experts say current failure can lead to correct decision later on
KATHMANDU, DECEMBER 17
Political leadership has once again demonstrated apathy and failure to complete the transitional justice agenda, which serves as the foundation of the peace process.
With the recommendation committee's decision to request that the government restart the process after failing to finalise the office bearers, the Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappearances (CIEDP), which have been without office bearers since 2023, will remain vacant until their mandates are fulfilled.
However, transitional justice experts have concluded that the current failure can lead to the correct decision rather than a bad start. They stated that it is better to appear to be a failure than to create the illusion of success by selecting the wrong person through an illegitimate process.
"Allow the proper procedure to place the appropriate individuals in positions as soon as possible."
According to Suman Adhikari, founding chairperson of the Conflict Victims Common Platform, the recommendation committee rejected names that were beneficial to political parties, but the committee lacked the courage to establish a credible and transparent process, use its authority autonomously, and shoulder the responsibility of selecting the best people to solve transitional justice.
"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," he told THT.
"On the other hand, it can be viewed as an opportunity to form a competent and credible commission rather than a bad one. All issues will be determined by the future, which is dependent not only on the core leadership of the major parties but also on their accountability and willpower."
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.
As a result, the search committee issued a statement on Monday asking the government to restart the recommendation process.
The question now is when the parties will prioritise finalising the transitional justice agenda.
The search committee meetings have been ongoing to recommend names from the shortlisted candidates for the two transitional justice commissions (TRC), but they have yet to reach a conclusion.
Both commissions were supposed to consist of four members and one chairperson.
However, Khamba Bahadur Khati, spokesperson for the search committee, issued a notice stating that the two-month deadline had expired and requested the formation of another committee.
"As it appears necessary to restart the process of recommending the names of the chairperson and members of both commissions, the Government of Nepal and the Council of Ministers have been requested to do so," the notice states.
It is stated that such a decision was reached after concluding that it is not advisable to make decisions by a minority or majority.
It further reads, "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."
Sudip Pathak, Dilliraj Acharya, Achyut Prasad Bhandari, Vijay Sijapati, Bishwaraj Koirala, Mahesh Thapa, Sher Bahadur KC, and Kashiraj Dahal were among the candidates shortlisted for the position of chairperson of two commissions.
A search committee was formed, led by former Chief Justice Om Prakash Mishra. Khati, Manoj Duwadi, Dr. Arjun Kumar Karki, and Stella Tamang all served on the committee.
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.
After the two transitional justice commissions went without officers for more than two years, the recommendation committee, led by Om Prakash Mishra, issued a public notice inviting applications. At the time, the application deadline was seven days, but it was later extended by five days.
During this time, the committee received 156 applications and recommendations. The search committee made their 40-person shortlist public. However, the recommendation committee was unable to reach a conclusion.
According to leaders, the commission's inability to reach a conclusion stems from a lack of political consensus.
CIEDP.
Initially, the top leaders of the three major political parties planned to appoint Agni Kharel as chairperson of the TRC and Radheshyam Adhikari as chairperson of the Commission on Investigation of Enforced Disappearance (CIEDP).
However, no consensus was reached on either of these names.
As a result, the Nepali Congress and CPN-UML agreed to take four office bearers each, while the CPN-MC would take two. However, due to leadership disagreements, 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.
