KATHMANDU, Dec 8: The committee formed to recommend the chairpersons and members for the Commission of Investigation on Enforced Disappeared Persons and the Truth and Reconciliation Commission published a list of 39 qualified individuals on Saturday, inviting public responses.
The list includes former administrators, judges, senior advocates, former ambassadors, human rights activists, and others. The authorities have set a five-day deadline for the submission of responses regarding the listed individuals. The Ministry of Law, Justice, and Parliamentary Affairs has requested anyone with objections to these individuals to submit their feedback.
The notice states, "Anyone with objections can submit their response, along with supporting evidence and grounds, in writing or electronically to the committee's secretariat within five days from the publication date."
Constitutional and administrative expert and former administrator Kashiraj Dahal, former member of the National Human Rights Commission Sudip Pathak, and former president of the Nepal Bar Association Sher Bahadur KC are candidates for the position of chairperson of the Truth and Reconciliation Commission.
Similarly, the committee has shortlisted the following former high court judges for the positions of chairperson of both the Truth and Reconciliation Commission and the Commission for Investigation of Enforced Disappeared Persons: Achyut Prasad Bhandari, Dilli Raj Acharya, former government attorney and former chairman of the Debt Recovery Appellate Tribunal Mahesh Thapa, former dean of the Faculty of Law at Tribhuvan University Bijay Singh Sijapati, and former Deputy Attorney General Bishwo Raj Koirala.
The background of any of the candidates for the positions of chairperson and member has not been disclosed. Victims have commented that the individuals nominated for the chairperson position lack expertise in transitional justice.
The selection of eight individuals for the positions of chairperson for the two commissions has opened for responses. The remaining 31 individuals have been shortlisted for the positions of members in both commissions. From this group, one chairperson and four officers, including one woman, will be recommended for the Truth and Reconciliation Commission and the Commission for Investigation of Enforced Disappeared Persons. Additionally, from December 12 to 14, the shortlisted candidates will have time for presentations. The candidates must present their future plans in person at the secretariat, with dates assigned in alphabetical order.
All seven constitutional commissions remain ineffective
The law requires the recommendation committee to select officials for the two commissions and submit them to the government by December 17. On October 18, the government formed a committee, granting a two-month period, to select a chairperson and five members for each commission and recommend them.
Former Chief Justice Om Prakash Mishra chairs the recommendation committee, which has been responsible for filling the vacant positions for the past two and a half years. The committee had previously appointed officials twice, who completed their terms. Conflict victims have consistently expressed dissatisfaction with the officials recommended for both commissions.
The recommendation committee published a list of 156 individuals from various organizations and individuals when it called for applications from candidates interested in the positions. From this list, the committee selected 39 individuals, adding some more to the list.
At the ‘Credibility of the Transitional Justice Process’, event held in Kathmandu on Friday, civil society urged the recommendation committee to select capable and qualified individuals for the positions in the two commissions, emphasizing transparency and the need to choose those who can effectively serve the victim community.
Surya Dhungel, a member of the National Human Rights Commission, urged the government to engage in discussions with victims and civil society to select qualified individuals, without making public statements. "This time, there should be no crisis of trust. Open discussions must occur. The recommendation committee must fulfill its responsibilities properly," he said. "It must show impartiality and credibility. If the process is unsatisfactory, members of the recommendation committee should be able to resign."
Human rights activist Mandira Sharma expressed hope that the upcoming commissions would establish credibility, stating that she would offer constructive criticism if qualified officials are appointed. "Even after these several years, we have still failed to make the situation of even a single disappeared person public. We haven't been able to provide information about the detention of those who endured torture," she said.
She emphasized that citizens have the right to know the truth, and when this right is not fulfilled, it is crucial to continue raising awareness. Mandira Sharma, Senior Legal Advisor of ICJ, advised the recommendation committee to learn from past and act accordingly. "We are not looking for a mechanism to manage individuals from specific parties. There is a tendency to create false hope and become complicit in wrongful acts," Sharma said.
She commented on the practice of taking a position without being accountable for one's work. "There should be no deception like before. The recommendation committee must select capable individuals through a proper process."
Human rights activist Charan Prasai urged to move the process forward in a credible and transparent manner. He stated that the upcoming recommendation committee and the officials it selects have no room for failure.
He stated that the government will be responsible if the officials coming to the two commissions fail for their fourth time. "This marks the beginning of transitional justice. After selecting the officials, many challenges will arise," Prasai said.
Civil society published a statement expressing concern over the recommendation committee's work. They raised awareness, warning of signs that attempts are being made to prevent the selection of officials from being competitive and of high quality.
A joint press release issued by Sushil Pyakurel, Kanak Mani Dixit, Mandira Sharma, Raj Prasad Chapagain, Charan Prasai, Suman Adhikari, and others stated, "We have drawn our serious attention to the signs of attempts to trap the process in the cycle of political partition for the third time."
The statement raised awareness about the unwanted political interference in the selection process, warning that it could jeopardize the transitional justice process again. "The national objective of completing the remaining tasks of the peace process will be undermined. All stakeholders must remain vigilant and aware," the press release stated.
They have demanded that the selection of officials, capable of fulfilling the deep responsibility of transitional justice, rely on credibility and success, urging that no compromises be made. They have called on the recommendation committee to conduct the selection process independently, impartially, and transparently.
Civil society has emphasized that the selection of officials should not rely on the declared or undeclared approval and blessings of certain parties and leaders. They have called for the selection of officials to be based on an independent and objective evaluation of candidates' backgrounds, image, integrity, knowledge, experience, qualifications, abilities, deep commitment to transitional justice, and continuous dedication.
The recommendation committee has been urged to ensure that the past situation is not repeated. They have called for excluding individuals who are controversial or unable to gain legitimacy from the victim community and the civil society commission.
"Recommendations for the Transitional Justice Commission should not involve actions that make the selection process controversial," said the human rights activists.
