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TRC & CIEDP term extension  
Nepal’s transitional justice process has taken far too long to reassure the conflict victims of justice. First, it took nine long years for the political parties and the successive governments to form the Truth and Reconciliation Commission (TRC) and the Commission for Investigation on Enforced Disappeared Persons (CIEDP), though these twin bodies should have been formed and started working right after signing of the Comprehensive Peace Agreement in 2006. Even after they were finally constituted in 2015, they have little to show for progress.  So far the TRC and CIEDP have received 58,000 and 2800 complaints respectively. The transitional justice bodies do not seem to have been able to do more than that in the last two years. Thus the government’s decision to extend the terms of TRC and CIEDP for one more year must be taken by these twin bodies as the last opportunity to get the remaining works done.

It goes without saying that the main duty of TRC and CIEDP is to investigate and reconcile war time cases and to resolve the whereabouts of the disappeared during the war. But the sad reality is in the last two years, the two bodies were embroiled in internal conflict and policy confusions. We have seen too much of drama and infighting in the two commissions. The members were openly going after each other, damaging the reputation of the organization. There was very little focus on the monumental task that lay ahead of them. Now is the time for them to deliver.

International bodies, including the UN, have raised serious questions over the provisions of the TRC Act, among others, that could potentially grant amnesty to the perpetrators of serious crimes. While it is imperative for TRC and CIEDP bodies to get this Act amended in line with the existing international standard, political actors must also show readiness for it.  The absence of a strong and impartial transitional justice mechanism could invite unnecessary concerns from the external forces. Voice of some international organizations threatening to take war time cases to the International Criminal Court (ICC) has started to be heard, another reason why we must immediately resolve war time cases at home, credibly.

Ten years after the CPA, justice has remained elusive for the victims.  There is a feeling among them that Commissions have been oblivious to their genuine demands. They feel the commissions have not incorporated victims’ perspective into the transitional justice systems. Nanda Prasad Adhikari of Gorkha died demanding the murderer of his son should be brought to justice. His wife Ganga Maya Adhikari is still fighting with her life for the same. This has made the mockery of our justice system. The more we delay the transitional justice, the deeper the wounds will be. The families of the victims may resort to other means to vent their frustrations if justice is not served. We urge TRC and CIEDP to take the victims at the heart of their work and expedite investigations into the cases at hand.  The TRC and CIEDP must make most of the extended one year term and start working towards this end. Now.