It is the right of the victims of human rights violations to learn the truth about the abuses. And it is the state’s obligation to investigate and bring to light the truth of such violations, as well as guarantee effective remedies and reparations to the victims and their families. Society equally has the right to know about the crimes. This right, however, is not limited to revealing the truth of the violations and individual healing. Societal reconciliation, prevention of future atrocities, restoration of dignity, accountability and the promotion of the culture of human rights are equally vital.

The United Nations General Assembly, on December 21, 2010, proclaimed March 24 as the International Day for the Right to Truth Concerning Gross Human Rights Violations and for the Dignity of Victims. Nepal has also taken steps to address human rights abuses. Under Article 5.2.3. of the Comprehensive Peace Accord (CPA) on November 21, 2006, signed by the government and the Maoists, both parties committed to disclose the real name, caste and address of the people who disappeared or were killed during Nepal’s decade-long (1996 to 2006) armed conflict within 60 days.

The heinous acts of human rights violations, including extrajudicial killings, enforced disappearances, torture, sexual violence and widespread displacement, during the armed conflict left unbearable loss and suffering. Political parties and successive governments, however, have failed to fulfil their commitments to deliver comprehensive measures for truth, justice, reparations and guarantees of non-recurrence outlined in the CPA. Even after 18 years since the signing of the CPA, thousands of civilian victims are still living under prolonged anguish, profound suffering, frustration and uncertainty.

Flawed process

A flawed Transitional Justice Law was formulated in 2014, eight years after the peace deal. Two key mechanisms—the Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP)—were established in 2015 with the mandate of investigating truth of the conflict-era crimes, ensuring accountability, providing reparations, facilitating reconciliation and adopting non-recurrence measures. But victims were compelled to challenge the faulty provisions of the law in the Supreme Court, which struck down several problematic clauses undermining rights to truth, justice and reparation.

The working procedures of the commissions were not victim-centric. They were threatened, displaced from their homes and were further traumatised for filing complaints. Instead of investigating, the commissions tortured them, demanding evidence and witnesses. Victims didn’t feel safe to share their painful stories due to the lack of a trustworthy environment and protection. Investigations couldn’t be credible due to potential interference from powerful perpetrators. The commissions, formed initially for two years, were extended to over eight years, and have had no commissioners since mid-July 2022. The bodies could neither reveal the truth of a single complaint nor deliver any tangible result to heal the trauma of the victims.

Victim groups lobbied for legal reforms—formulating credible and competent commissions through transparent process and adopting victims centric, gender sensitive and disability friendly process—in compliance with Supreme Court verdicts. However, the progress of truth delivery, justice and reparation has been sluggish and contentious. This is due to the lack of political willpower and a growing trend of political interference and interplay. The commissions, riddled with internal disputes and without a clear road map, haven’t been able to ensure meaningful participation of victims, contributing to a lack of trust among stakeholders. Similarly, resource constraints, weak institutions, deep rooted culture of impunity, shifting priorities have been hurdles in the comissions’ path to truth.

After nearly a decade-long call for amendment by conflict victims, civil society and international communities, the law was finally revised in August 2024. The amendment includes some positive aspects like recognising victims’ right to reparations, prohibiting amnesty for serious violations, establishing specialised units in the commissions, setting a timeframe for registering complaints, creating a Special Court, allowing appeals to the decision of the Special Court to a special bench in Supreme Court, etc. However, problematic provisions, such as the categorisation of human rights violations and the provision of reduced sentencing up to 75 percent which compromise judicial independence, still remain.

Failure to recommend

The President approved the amendment of Transitional Justice Law on August 29, 2024. Following this, the government formed a five-member recommendation committee under former Chief Justice Om Prakash Mishra on October 18 of the same year. Victim groups demanded a transparent and consultative selection process of the committee members on a merit basis. They also wanted an organised public hearing. Though the selection guideline was more progressive, the committee could not fully realise and exercise its power to search for and recommend competent candidates with a clear roadmap to address the national agenda.

The committee received 156 applications and recommendations. It shortlisted 40 individuals but did not adopt and publish a clear shortlisting criteria. The committee failed to make recommendations of the office bearers in the Commissions due to different political interests. Rather, on December 16, it recommended that the government form another committee to search for the office bearers in the commissions. But even to this day, the authorities have not formulated another committee.

Way forward

Political interplay and the culture of delaying, diluting and denying justice will further complicate the process. Victims, fed up with empty promises over decades, are demanding tangible results. It is high time the government prioritised their rights and dignity and formulated a credible recommendation committee with an autonomous and credible selection process of the commissioners. Victims and their families must be at the heart of the process, ensuring their meaningful participation throughout the transitional justice process. Protecting victims and witnesses from intimidation or retaliation should be the utmost priority.

Both commissions must first develop a clear roadmap to implement plans with required structure, experts, resources and civil servants. The government should provide adequate resources, expertise and power to the commissions so that they can effectively accomplish their duties. International communities should support their capacity building by bringing in best practices and expertise. Civil society and victim groups are equally responsible for supporting and mobilising the victims in the truth process, monitoring the commissioners’ selection and advocating necessarily.