Transitional justice bodies alert govt, political leaders against transitional cases coming under international action
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KATHMANDU, Feb 8: The Truth and Reconciliation Commission (TRC), one of the two transitional justice bodies, on Sunday warned the government and the political leadership that national stakeholders will lose control of the conflict-era cases and face international intrusion if the commission is not extended support on time.
Citing symptoms of danger for the coming years, the TRC authorities sought the government's attention while submitting its annual interim report to Prime Minister K P Sharma Oli at the Prime Minister's Office.
Once war-torn countries like South Africa, Sierra Leone, Chile, Cambodia, Peru, East Timor, Nigeria and Mozambique had to undergo bitter experiences while sorting out war-time crimes even though powerful commissions were formed for the purpose, the TRC chairman said, adding that Nepal's transitional cases have their own pecularities.
At the same time, one should also never forget that the jurisdictional scope of human rights has become universal and recommendations made here would remain unquestionable before the United Nations and the international community as Nepal is a signatory to various international conventions and laws, the TRC chairman said.
Though the TRC has completed one year since its inception, it has remained idle for lack of the necessary regulations and the laws have not been amended as per its jurisdiction.
The definitions of crime and serious crime, among other things, have not been clearly spelt out in the relevent Act, mental or physical torture have not yet been criminalized thereby leading to contradictions in the related provisions, and there are chances of the criminals escaping because of irratioanl chargesheet deadlines, the commission officials said, citing the need for amendments in current provisions.
The commission, in its recommendations to the government, pointed out the need for providing scholarships to all sons and daughters of the victims with no age limits. Under existing policy, the government provides scholarships to up to only three siblings and till they reach 18. Similarly, the commission has also asked the government to develop mechanisms to update data on victims, identify and panelize those involved in recommending fake victims, and assure health care and employment for the victims' families.
'Absence of regulations major challenge'
Meanwhile, the Commission for Investigation of Enforced Disappeared Persons (CIEDP) faces challenges similar to that of the TRC. The two commissions were formed in the spirit of the Interim Constitution of Nepal 2007 and the comprehensive peace accord, to probe instances of serious violation of human rights in the course of the Maoist insurgency, which lasted from February 1996 to November 2006.
"We are all set to begin our real task of seeking out complaints about the enforced disappeared but the absence of required regulations has hindered our work," said CIEDP Chairman Lokendra Mallick at a separate press briefing.
The given tasks can be completed within a year provided the relevent regulations are in place, necessary amendments are made to certain laws, there is adequate budget allocation and support from the security agencies and other stakeholders is assured, the CIEDP officials said. The commission has prepared a list of 1,495 disappeared, which is at variance with the reports of the ICRC and other rights organizations.
The commission has expressed serious concern over a manpower crunch as government officials try to avoid being deputated to these two bodies. They fear that working there may invite animosity from the erstwhile warring sides.
The two commissions claims that there has not been any kind of political interference or threats from the erstwhile state and rebel sides. The commissions have made preparations for establishing district-level centers for taking up complaints.
