The Comprehensive Peace Accord (CPA) that formally brought an end to the decade-long violent Maoist conflict was signed on November 21, 2006—exactly 18 years ago—between the government and the then Maoist rebels. Although the two key tasks—management of arms and combatants through the integration and rehabilitation process, and promulgation of a new constitution through the elected Constituent Assembly—have already been completed, the transitional justice issue—another key component of the CPA—still remains in limbo. The delay in the settlement of transitional justice raises doubts about both the intention and ability of our political leadership. As things stand now, the political leadership seems to be focused only on exploiting state coffers in the name of the peace process. In the decade-long conflict, about 17,000 people were killed by the state and the rebels, and over 1,400 were involuntarily disappeared. The CPA states that both sides agreed to establish a high-level truth and reconciliation commission by mutual consent to investigate the truth about those who committed serious human rights violations and crimes against humanity during the armed conflict and create an environment of reconciliation in society. While the Nepali Congress (NC) and CPN-UML are equally responsible, a large part of the blame for this inordinate delay goes to the CPN (Maoist Center), which appears focused only on activities that would bring financial and other benefits to their party cadres instead of providing justice to the victims of the conflict, whether at the hands of the state or the Maoists. We wrote in this space earlier to expedite the TJ process, and we repeat it again as justice delayed is justice denied.
While there has been a significant delay in administering justice for the conflict, this does not mean nothing has been achieved. It is worth noting that the Truth and Reconciliation Commission and the Commission for Investigation of Enforced Disappearances have been formed twice. However, since the acceptability of the office bearers in the commissions fell into dispute, they failed to do anything except collect complaints. Similarly, there was no agreement on the Transitional Justice Act either. The previously drafted Act was not accepted by the conflict victims or the national and international human rights community. The Supreme Court also struck down provisions in it that were seen as contrary to the principles of justice and international law. Now, there has been an agreement on the TRC Act. The government has also moved forward with the process of forming both commissions. A recommendation committee formed under the chairmanship of the former Chief Justice of the Supreme Court has published a public notice for the selection of office bearers and collected names. Now, we can expect that transitional justice will be administered to the victims if the commissions are filled with people whom the victims can trust and who are not shadow candidates of political party leaders.
PM Dahal pledges to conclude peace process soon
The key to the success of the transitional justice process, however, lies in the ability of the Recommendation Committee to select qualified and capable candidates who can work independently and impartially to deliver justice to the conflict victims. As the Recommendation Committee is still working on its mandated task, let us hope that it will not disappoint the public. It is equally important to note that there might be attempts to derail the entire process when the TJ bodies decide to take action against political party leaders, activists, and state security personnel who committed grave violations of human rights during the conflict. The Recommendation Committee must select people who can withstand such pressure and are not subject to any temptation. The government should also provide full support by appointing office bearers who are capable of delivering justice. The peace process can be considered successful only if the office bearers of TJ bodies are able to make the victims feel that they have been provided with justice, albeit too late.
