Miscellaneous
Gurung, Mallik named to head panels
Former General Secretary of Parliament Secretariat Surya Kiran Gurung and former Chief Judge of Appellate Court Lokendra Mallik have been recommended to head the TRC and CED respectively.Dewan Rai
With the recommendation, the much-awaited transitional justice mechanism finds a fresh impetus for formation of the two commissions.
The Cabinet will take a formal decision to endorse the names and proceed with the formation of the two commissions as envisioned by the Comprehensive Peace Agree-ment and the Interim Cons-titution to look into the cases of human rights violation during the conflict and create an atmosphere for reconciliation in society.
The Recommendation Committee took nine months to finalise the candidates for the two commissions.
Proposed commissioners for the TRC are Senior Advocate Lila Udasi, sociologist Madhavi Bhatta, Advocate Shree Krishna Subedi and lecturer Manchala Kumari Jha. The nominees for the CED include former Appellate Court judge Lokendra Mallik, former chair of National Dalit Commission Bijul Biswa-karma, human rights activist Bishnu Pathak, and Advocates Nara Kumari Gurung and Ai Bahadur Gurung.
Earlier it was believed that former Speaker Daman Nath Dhungana would lead the TRC given his wider acceptance. His name had been proposed by Prime Minister Sushil Koirala and had the backing of the UCPN (Maoist). But Dhungana declined the post refusing to be the “rubber stamp” for the parties to endorse their agendas.
Formation of the TRC, however, remains challenged in the Supreme Court as 234 victims have jointly appealed against the Act. Besides, there are two other writ petitions against the formation of the Recommendation Committee.
“We have selected best candidates,” said Shanti Devi Khanal, after submitting the committee’s report to the PM on Monday. She argued that the committee picked the candidates based on their expertise as well as membership in marginalised communities. The candidates include three women, one Dalit and one Madhesi.
“We are confident that the commissions will deliver victim-centric justice,” said Khanal. However, victims and members of the human rights community expressed dissatisfaction at the process as well as the nominees.
According to Conflict Victims’ Common Platform, the move evades the court procedure and is “unilateral”. “We have serious objections with the process,” said Suman Adhikari, chairperson of the Platform. Questioning its legitimacy, the Forum demanded that the process be postponed and forwarded only after consultation with the victims.
“The members have been selected on the basis of political consensus, which is unfortunate,” said Govinda Bandi, a human rights lawyer. “Since the process was not consultative and transparent, the credibility of the commissions at stake.” The committee had published a list of 69 aspirants, inviting public opinion within five days. It received only three responses, mostly on the process instead of the candidates.“If the government keeps excluding the victims and circumvent the due process, they will be forced to seek justice through international instruments,” said Bandi.




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