Three leading human rights organizations – Amnesty International, Human Rights Watch, and the International Commission of Jurists – recently urged Prime Minister KP Sharma Oli to appoint qualified, impartial, and independent leadership and officials at the two transitional justice bodies, namely, the Truth and Reconciliation Commission (TRC) and Commission of Investigation on Enforced Disappeared Persons (CIEDP). The call hints at the fact that matters pertaining to TJ appointments are serious ones, drawing attention of global rights groups and international community and thus must be dealt with caution. They jointly made an appeal to the PM for making close consultation with victims, stakeholders, and civil society while ensuring the appointment of competent professionals. Safeguarding national and international interests by complying with international human rights, humanitarian, and criminal laws is essential for positive outcomes in these appointments. Meanwhile, the issue of credible leadership has resurfaced after the committee formed by the government for recommending TRC and CIEDP leaders failed to offer a nominee list that would satisfy those concerned, meaning the people on both sides of the aisle who suffered atrocities during the armed conflict. The human rights groups have a legitimate demand: appointment of qualified and widely accepted individuals who would uphold international human rights norms and serve the needs of the insurgency victims. Senior lawyers and human rights activists in Nepal have also criticized the recommendation committee for ignoring the issue of appointing credible individuals trusted by the insurgency-affected individuals.
The delay in finding capable leadership for the TJ bodies tells us that the long and arduous journey of Nepal’s transitional justice (TJ) process remains unfinished despite the parliament’s endorsement of a much-awaited legislation during the last parliamentary session, raising hopes for reconciliation, justice, and accountability. However, victims of the decade-long conflict, which ended with the signing of the 2006 Comprehensive Peace Accord, are yet to receive justice and reparations. The core issue causing this delay is the absence of capable and trustworthy leadership within the TRC and CIEDP. Why is the government unable to find capable leadership? The answer lies in the fact that political interference, unwarranted delay, and a lack of transparency have plagued the appointment process. By prioritizing party interests over victims’ requirements, political parties demonstrated a tendency to appoint unqualified party loyalists to leadership roles. Consequently, the TJ bodies struggled to earn trust from the public and key stakeholders, undermining timely delivery of justice to victims. With thousands of cases of conflict-era atrocities, including enforced disappearances, extrajudicial killings, and sexual violence remaining unresolved, the absence of competent and independent leadership has compounded the TJ issue besides leaving these bodies weak.
Great Leadership: A Road Less Traveled
The appeal made by major rights groups has another message: Nepal’s transitional justice process cannot suffer another setback. Therefore, appointments of credible individuals are extremely essential. A fair and transparent way of making appointments should be prioritized over selfish political motives. If the government and stakeholders fail to comply with the norms set by international rights organizations, it will only alienate the victims further, give rise to a culture of impunity, and, most importantly, tarnish Nepal’s image internationally. Our authorities and stakeholders still have an opportunity to correct mistakes by appointing independent, competent officials to the TRC and CIEDP, which will strengthen the transitional justice process and restore the confidence of the public and victims. A transparent selection process by consulting victims, civil society, and human rights organizations should thus be given utmost priority, for which the government, political parties, and other stakeholders must demonstrate a strong commitment.
