Peace Secretary Punya Prasad Neupane said the ministry gave final touches to the draft on Thursday and sent it to the cabinet for approval. Once the cabinet approves it, the government will table it in the parliament for enactment. [break]
The TRC is a transitional justice mechanism envisioned in the Comprehensive Peace Agreement signed on November 21, 2006, to create environment of reconciliation in the society by investigating gross violation of human rights and crimes against humanity committed during the decade-long Maoist conflict. The mechanism is expected to work to heal the wounds of the conflict in the society.
The proposed bill says the TRC will have power to recommend the government to pardon perpetrators of certain crimes. But it will have to obtain permission from the victims before making such a recommendation, besides supplying convincing grounds for the pardon.
"But it cannot recommend the government to pardon perpetrators involved in custodial killing, murder of an unarmed individual, torture, rape, disappearance and abduction," reads the draft bill.
The commission can recommend the pardon only if the perpetrator requests in writing for the pardon and regrets for the crime. Besides, the human rights violators are required to reveal the truth of the crime before the commission while making a request for pardon and provide compensation to the victims.
According to the draft, the TRC can either request people to file complaints of human rights violations or it can take up any human rights violation case for investigation on its own. It will have the power of a court to interrogate any accused and enjoy unhindered access to any place to collect evidences. Any obstacle to investigation of the TRC will be considered a contempt case subject to a fine of Rs 15,000 at a time.
The commission can also hold public hearings to find out the truth of a particular human rights violation case.
The TRC will also carry out a number of reconciliation programs to heal the wounds of the conflict including monument construction, publication of poems and essay and art completions that will spread the message of reconciliation in the society.
"But such programs will not be carried out without obtaining prior permission from victims or their families," the draft bill says.
The commission will also recommend the government to provide reparation to the victims or their families. Such reparations will include free education and treatment, skill training, interest-free loans, resettlement, employment and other facilities that the commission will deem suitable, among others.
Neupane told myrepublica.com that the draft was prepared after broad consultations at the cluster level involving victims, regional level, technical level and the thematic level. Before sending it to the cabinet, it was discussed among lawyers and representatives of national and international human rights organizations.
Peace Minister Rakam Chemjong said the next cabinet meeting would discuss the draft bill and send it to the Bill Committee of the cabinet for a final approval.
kiran@myrepublica.com
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