The United Nations, Amnesty International, Human Rights Watch (HRW) and the International Commission of Jurists (ICJ), the United States, European Union, and Switzerland have welcomed the adoption of the Truth and Reconciliation Commission (TRC) Bill in Nepal by the both Houses of Parliaments saying it as an important step in the nation’s long journey towards accountability and reconciliation.
The National Assembly has unanimously endorsed the bill to amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act amid reservations from a section of the conflict victims, and national and international human rights watchdogs.
Welcoming adoption of new transitional justice legislation in Nepal, the UN Human Rights Chief Volker Türk said the adoption of new transitional justice legislation in Nepal marks an important step in the nation’s long journey towards accountability and reconciliation.
“Eighteen years since the end of the decade-long conflict, and after several previous attempts to finalize such legislation, victims of human rights violations are now closer to knowing the truth, accessing justice, and obtaining reparations,” Türk said adding “This process will also help strengthen guardrails to prevent anything like this from ever happening again.”
The bill to amend the Investigation of Enforced Disappeared Persons, Truth, and Reconciliation Commission Act aims to ensure truth and accountability for serious human rights violations committed by all parties during the Maoist insurgency. The commission will also oversee mediation and reconciliation efforts, and recommend reparations, relief, and support to the victims and their families, stated in the UN News.
Transitional justice aims to provide recognition to victims, enhance the trust of individuals in State institutions, reinforce respect for human rights and promote the rule of law, as a step towards reconciliation and the prevention of new violations in which the processes may include both judicial and non-judicial mechanisms.
Transitional justice processes must be context-specific, nationally owned, and focused on the needs of victims to lasting peace.
As the UN Human Rights is engaged in advocacy and policy development on transitional justice, and supports specific transitional justice processes to address the causes, human rights violations, sustaining peace, development and reconciliation. across the world, so far, it has played a vital role and demonstration its contribution in Afghanistan, the Central African Republic, Colombia, the Democratic Republic of the Congo, El Salvador, the Gambia, Guatemala, Iraq, Lebanon, Liberia, Mali, Mexico, Nepal, South Sudan, Sri Lanka, the Sudan, the Syrian Arab Republic, Tunisia and the Western Balkans including Kosovo.
Welcoming several progressive provisions in the bill, a group of victims and human rights activists and organizations, had been demanding revisions in the flawed provisions only after necessary changes in the provisions that they claim undermine the quest for justice.
Along with some victim’s groups from the 1996-2006 insurgency, three international human rights organizations and the National Human Rights Commission have expressed their reservations to some provisions of the bill including the provision of reducing 75 percent sentencing even in serious violations of human rights, allowing the attorney general to lodge the case demanding just 25 percent of action.
Expressing dissatisfaction over the bill, the Conflict Victims National Network has said that “the bill cannot ensure justice to the victims of our concerns.”
Amnesty International, Human Rights Watch (HRW) and the International Commission of Jurists (ICJ also opined that the law cannot be said to be a good outcome of the transitional justice process as the bill falls under the definition of serious violations of human rights and international law.
However Nepalese politicians have been saying that endorsement of the bill has opened the door to expedite the transitional justice process.
It is said that over 17,000 people were killed and 1,300 went missing between 1996 and 2006 during the internal conflict calling civil war in Nepal between the then Royal Nepalese Army and the Communist Party of Nepal.
But setting a history of either Win or Lose by both the parties (government and Maoists) the conflict ended with a peace agreement, in which the parties committed to establishing the truth and ensuring the victims receive both justice and reparations.
“I welcome the adoption of this revised law as an important step forward, even if some provisions leave gaps and ambiguities,” said High Commissioner Türk adding “Nepal has become a regional and global example of a successful peaceful transition towards democratic, constitutional, and federal governance.”
“Transitional justice is a powerful instrument to break cycles of violence and impunity, and a unique opportunity to revisit some of the rooted inequalities and discrimination that led to the conflict,” he said.
The TRC bill is entitled for the Investigation of Enforced Disappeared Persons, Truth, and Reconciliation Commission Act, aims to ensure truth and accountability for serious human rights violations committed by all parties during Nepal’s civil war.
The United States, European Union, and Switzerland have also welcomed the endorsement of Enforced Disappearances Enquiry, Truth, and Reconciliation Commission (Third Amendment) Act 2024.
“Pleased to see the transitional justice bill passed by the House of Representatives today. Congratulations to the people of Nepal. This is a meaningful moment in Nepal’s journey to shaping its own peaceful, prosperous, resilient, and democratic future,” US Ambassador to Nepal Dean R. Thompson wrote on X.
Similarly, EU Ambassador to Nepal Ms. Veronique Lorenzo wrote on X, “Congratulations to Nepal and Nepali people for this historic achievement: passing Nepal led and owned, victim-centric TRC Bill by the House of Representatives.”
Ambassador of Switzerland to Nepal Dr. Danielle Meuwly has also congratulated Nepal and Nepali, for historic achievement on passing TRC Bill with consensus. Switzerland welcomes this achievement as well as reiterates its commitment for full support in its implementation,” he mentioned on X.
