Draft of TRC Act amendment bill being finalised

Kathmandu, September 24

Attorney General Raman Kumar Shrestha today met with the office bearers of Truth and Reconciliation Commission and discussed amendment to its Act.

During the meeting, Shrestha told the TRC members, including its Chairman Surya Kiran Gurung, that the issue of the peace process was on high priority of the incumbent government and that it was committed to resolving the remaining issues of the Maoist insurgency without any delay.

Earlier, the TRC and the Commission of Investigation on Enforced Disappeared Persons had sought to change their statute.  Both the transitional justice bodies have been formed under a common Act.

Talking to The Himalayan Times, Shrestha confirmed that a draft bill to amend the TRC and CIEDP Act was in the final stages and that he had consulted TRC officials before registering it in the Parliament for endorsement.

According to sources, AG Shrestha also shared with TRC officials that they had also decided not mention ‘crime against humanity’ as heinous crimes. “The phrase ‘crime against humanity’ is vague and no such crime was committed during the Maoist insurgency,” he claimed.

As per the international law, ‘crime against humanity’ is a heinous crime and amnesty cannot be granted to perpetrators in such cases.

In the existing TRC and CIEDP Act as well, crime against humanity is termed as heinous crime, along with murder, rape, killing under detention etc.

Some TRC member had questioned the intent behind not calling ‘crime against humanity’ as a heinous crime, it is learnt.

Law Secretary Tek Dhungana, who also attended the meeting, said whether or not crime against humanity should be termed as a heinous crime depended on ‘political understanding’ between the concerned stakeholders.