Incident Reports

Under a cloud - Report on Transitional Justice

2016-05-24

Bagmati, Kathmandu, Kathmandu

Around 15,000 people were killed, hundreds of thousands displaced from their homes, and at least 1,300 forcibly 'disappeared' during the decade-long civil war. But nearly another decade after the guns fell silent, the families of those killed and those who were forcibly disappeared continue to wait for justice and a sense of closure. For the longest time the two transitional justice bodies—the Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP)—could not be formed owing to a serious deficit of trust between the Maoists and other political parties. Nepal Army, which led the joint command of security forces deployed to combat Maoist insurgency, had its own reservations over possible implication of transitional justice on some of its senior officers. So although the Comprehensive Peace Agreement signed in November, 2006 provided for the formation of the two bodies within six months of its signing, they could be established only at the start of 2015, nearly nine years later. Human rights organizations, both in and outside the country, nearly universally opposed the TOR for the twin bodies. In a roundabout way, the TOR had proposed blanket amnesty for even the most heinous crimes from conflict period. Moreover, conflict victims, said these rights watchdogs, would not get proper hearing under the proposed terms. These were genuine concerns, even given the fact that the two bodies would be the outcome of a difficult political compromise. In other words, whatever their shape and remit, they would not satisfy everyone. Now new challenges are emerging. Security agencies like Nepal Police and Nepal Army have of late shown keen interest in learning about the complaints conflict victims have been filing with the 75 district peace committees, which report directly to the two commissions. This has raised the fear that the complaints involving security agencies will be compromised. That is not all. There might then be both overt and covert pressure on conflict victims to take back their complaints. It is up to the government to assure conflict victims that the information they provide to the peace committees won't leak. But that will be of secondary concern to those who believe that their chance of getting justice have been dealt a body blow by the recent nine-point agreement between CPN-UML and UCPN (Maoist). In order to reassure the panicky Maoist leaders who were afraid of being implicated in war crimes, and who were threatening to pull out of government, the UML seems to have made a devil's bargain with the Maoists. Virtually all the heinous crimes from conflict period are now to be pardoned. It does not seem to have occurred to them (or perhaps it did) that it was the job of the two commissions to find the truth of alleged rights violations and not something to be bargained away in political negotiations. All these events justifiably add to the sense of resignation of conflict victims. Political parties' lack of seriousness over their concern is also evident from the fact that there are currently no laws on enforced disappearance. This kind of abject neglect and callousness towards the long-suffering of conflict victims is a recipe for more social turbulence in the days ahead.

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