The Disappearance Commission was long overdue. That it took so long reflect very badly on our decision makers. In the meantime, those whose near and dear ones were made to disappear are made to suffer an agonizing wait. We have had three governments since April 2006 but this essential task was never given a priority. Tall talks and big promises were regular features during these three years, though. People who lost their loved ones need to be told what happened to those who never returned home.
But we are very skeptical. Will the commission, when it is formed, truly be an independent body? Can it sincerely dig out old cases and publish its findings? Can it carry out its task without fear or favor? We have doubts, and very serious ones. After all, our political leaders are yet to give shape to an institution that is free from political bias or selfish motives. Powerful and influential people who could be in the dock for gross violations during the conflict period are still in a position to obstruct the functioning of the commission. The fiasco over TRC is still fresh in our memory. The then government, with tacit approval from the then Communist Party of Nepal (Maoist) and the Nepal Army, came up with a draft bill that aimed more at protecting the perpetrators of serious crimes than punishing them and providing justice to the families of the victims.
The need, therefore, is to make the Disappearance Commission very effective. The first essential for an effective and unbiased commission is to appoint people with integrity as members of the commission. Have at least a former jurist or lawyer, an ex-police officer, a human rights worker and a psychologist among the five members. Preferably, at least one of them should be a woman. The three mandates of the commission – probing disappearances, identifying those responsible for such crimes and recommending reparations for victims – must be backed by adequate resources. The manpower, money and logistics needed for the commission to carry out its responsibilities must be beyond question. The sincerity of the government and the parties on providing justice to victims will hinge on these factors.
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