KATHMANDU, May 18: Appointments to the two commissions established to uncover the truth about serious human rights violations during the country’s ten-year armed conflict are stirring increasing controversy. Conflict victims and stakeholders had high hopes for a transparent appointment process, but disputes arose from the very beginning. Recently, the government appointed officials to the commissions for a third term to take transitional justice (TJ) to its logical conclusion.
After the government appointed officials to the Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP), conflict-affected communities challenged the decision. By declaring they will not cooperate with the commissions, these communities have made it difficult for the officials to carry out their work.
These two commissions, which remained without officials for nearly three years, have recently appointed new officials for their third term. Conflict victims expressed dissatisfaction with the appointed officials and their working style during the previous two terms as well. The government has repeatedly frustrated the conflict-affected communities.
Since forming the official recommendation committee, conflict victims have urged the commission to become transparent and credible. After the committee recommended the officials, the government appointed them.
Conflict victims have expressed dissatisfaction, accusing the authorities of arbitrarily recommending and appointing officials without trust, following directives, and acting based on partisan power-sharing. Representatives from various conflict victim organizations jointly issued a statement strongly opposing and rejecting this decision.
Ensure Merit-based Appointments
The victims declared the imposed process unacceptable because the authorities carried it out without consulting them. This development indicates that the transitional justice process is heading towards complications rather than resolution.
"We do not seek favors from the government, nor do we want ceremonial, humiliating, or mechanical reconciliation," the victims stated on Friday. "We want to make it clear again that what conflict victims demand is respectful transitional justice and a sustainable solution to the problem."
Conflict victims claim that the government and the official recommendation committee have treated them intolerantly. "We feel humiliated, and the government has disrespected the Constitution itself. The Constitution's preamble honors the sacrifice and contribution of victim communities with high respect, but the government and committee have violated this constitutional respect," they said.
The victims also concluded that the government has ignored a Supreme Court order. The court had already directed that the victim community must meaningfully participate in the transitional justice process. On January 2, 2014, the Supreme Court ordered the formation of an independent and impartial commission.
Conflict victims complain that the committee excluded some capable and socially trusted individuals who applied for the shortlist. "The committee and government made an opaque, untrustworthy, and mechanical selection and appointment process without even giving us a chance for dialogue and discussion, and the entire conflict-affected community is protesting against it," the victims said. They vow to continue the movement and protests until the government meets their demands.
The conflict victims have also appealed to the general public, human rights organizations, elected representatives, the international community, and United Nations bodies to support their decisive movement for truth, justice, and reparation. They emphasize that the transitional justice process concerns not only the victims but also plays a crucial role in opening the door to lasting peace and prosperity in the country. They further urge the appointed officials to reject their positions if motivated by job interests and to stand in solidarity with the conflict victims.
From February 13, 1996, to November 21, 2006, the state and the then Nepal Communist Party (Maoist) fought an armed conflict. The Comprehensive Peace Accord mandated establishing the Truth and Reconciliation Commission to investigate serious human rights violations and crimes against humanity committed during the conflict and to foster a culture of reconciliation in society.
On November 21, 2006, the government and the then CPN (Maoist) signed the Comprehensive Peace Accord. Following the agreement, they formed the Commission of Investigation on Enforced Disappearances and the Truth and Reconciliation Commission on May 11, 2014, under the Commission Acts, 2071 BS. Since establishing these two commissions, controversies have increasingly surrounded the process of selecting their officials.
The government appointed former Deputy Attorney General Mahesh Thapa as chairperson of the Truth and Reconciliation Commission for the third term. It also appointed Achyut Prasad Bhandari, Tikaprasad Dhakal, Padma Bahadur Shahi, and Kumari Kaushalya Ojha as commission members.
Similarly, the government appointed former Chief Secretary Liladevi Gadtaula as chairperson of the Commission of Investigation on Enforced Disappearances and named Gopalnath Yogi, Agni Prasad Thapaliya, Sirjana Pokhrel, and Binita Nepali as its members.
