​​​​​​​A TRC Act in line with international standards will surely rope in many high-profile people
It's been a very long wait for the victims of the decade-long Maoist insurgency, but justice for them remains elusive even after 17 years of the signing of the Comprehensive Peace Accord (CPA) in 2006. The CPA, signed between the state and the warring Maoist rebels, had agreed to end the transitional justice within six months of signing the accord. A key aspect of the accord was to address the human rights violations inflicted by both the state and the rebels during the conflict era and bringing the rights violators under the jurisdiction of a transitional justice system. However, it took eight years to form the transitional justice mechanism under the Truth and Reconciliation Act-2014 (TRC). Two separate commissions-the Truth and Reconciliation Commission (TRC) and the Commission on Investigation of Enforced Disappeared Persons (CIDEP) - were formed to look into cases of human rights violations and missing persons. However, both the commissions were flawed in that they were formed with the intention of giving blanket amnesty to the perpetrators of serious human rights abuses.
As many as 64,000 petitions have been lodged at the TRC Commission regarding rights violations during the insurgency period from 1996 to 2006. A proposed bill for amending the TRC Act, 2014 is under consideration in the Parliament in addressing the cases of human rights violations that occurred. However, the proposed bill is just as flawed as the one it intends to replace, as it risks perpetuating impunity and compromising on justice for the conflict victims. The bill has not introduced changes in the Act as per international law, two rulings of the Supreme Court and the UN Human Rights Committee, as demanded by the conflict victims and civil society organisations. The categorisation of abuses is a big issue as serious violations, for which there can be no amnesty, have excluded many acts that could be prosecuted under international law, such as murder, torture, abduction and mutilation. A Special Court is to be established to try those cases recommended by the TRC and CIDEP. While there is nothing wrong in this, what could be the problem is the appointment of its three judges by the government in consultation with the Judicial Council. This increases the chances of appointing judges favourable to the government, which would undermine the process of providing justice to the victims. Third, allowing mediation between the victim and perpetrator could lead to intimidation and coercion in many cases.
The conflict victims have waited too long, and the Parliament is obliged to pass the bill as desired by them during this session if the government and the parties are really keen on delivering justice to them. It's a pity that the parliament lost a whole month this session due to the constant obstructions in the House. A TRC Act in line with international standards would definitely indict many people from the Nepali Army, the police force, high-profile people from the Maoist party, including its chairman and Prime Minister Pushpa Kamal Dahal, who has confessed to owning responsibility for the deaths of 5,000 of the 17,000 killed during the insurgency. But only a credible Act will help resolve the issue of transitional justice once and for all.
Support start-ups
The second Start-up Nation Conference-2030 concluded the other day highlighting the importance of start-up businesses to help Nepal develop a green, resilient and prosperous nation by 2030, when the country will graduate from a least developed country to a middle-income one. The conference, jointly organised by the Ministry of Industries, Commerce and Supplies, FNCCI and other international partners, discussed a wide range of topics related to start-ups, entrepreneurship and the entrepreneurial ecosystem. This collaborative effort aims to address critical gaps and propel the growth of start-ups in Nepal.
Although the government has announced that it would make arrangements to support start-ups by providing them soft loans in a hassle-free manner, many start-ups have complained that they are unable to get any support from the government or business community. The start-ups first need seed money and technical support to operate their business along with market accessibility. In order to make Nepal a start-up-friendly nation, the government and FNCCI must work together to support potential start-ups, which are mainly focussed on information technology, a sector which exported goods and services worth Rs 76 billion last fiscal.
A version of this article appears in the print on August 31, 2023, of The Himalayan Times.
