y-The government has finally prepared a draft for amending the Act governing the two transitional justice bodies, adhering to the Supreme Court verdict and international standards on transitional justice. The proposal is likely to be tabled in Parliament for endorsement in two weeks.
The draft was prepared three years after the apex court in 2015 struck down a dozen provisions of the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014 saying that they were inconsistent with transitional justice norms and practices. The 22-page draft has proposed changes in a majority of 42 clauses of the Act.
The amendments are based on the Comprehensive Peace Agreement, the SC verdict, basic principles of transitional justice, consultation with stakeholders including the international community and the local reality. As per the apex court’s ruling, the draft defines conflict-era cases as “severe” and “others”, denying amnesty in cases under the first category. It says there will be no amnesty for extra-judicial killings, enforced disappearance, rape and torture while those involved in other criminal offences could get conditional reconciliation after fulfilling the given conditions. There would also be no statute of limitation for registering a case against the perpetrators.