The National Assembly on Thursday 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.

A group of victims and human rights activists and organisations, while welcoming several progressive provisions in the bill, had been demanding revisions in the flawed provisions. Dozens of victims even staged a sit-in in New Baneshwar, near the Parliament premises, to pressure upper house members to endorse the bill only after necessary changes in the provisions that they claim undermine the quest for justice.

However, their appeal went unheard as the upper chamber passed the bill without going into the revision process. The House of Representatives had forwarded the bill to the Assembly after endorsing it on August 14.

Along with some victim’s groups from the 1996-2006 insurgency, three international human rights organisations and the National Human Rights Commission have expressed their reservations to some provisions of the bill.

The constitutional human rights watchdog is particularly unhappy with the provision of reducing 75 percent sentencing even in serious violations of human rights. It allows the attorney general to lodge the case demanding just 25 percent of action as per the existing law.

“It is inappropriate to give sweeping authority to the attorney general to reduce the sentencing while filing cases,” Surya Dhungel, a member of the National Human Rights Commission, told the Post.

He is also against the provision for extending the terms of the commission beyond four years. The bill gives four years to the Truth and Reconciliation Commission and the Commission of the Investigation on Enforced Disappeared Persons, with provisions for conditional extension.

The National Assembly will forward the bill to the lower house, which then will dispatch it to the Office of the President for authentication. It will come into force after the presidential seal.

“It is a perpetrator-friendly law, which cannot ensure justice to the victims,” said Gopal Shah, chairperson of the Conflict Victims National Network. “Both the houses have endorsed it without care for our concerns.”

On Tuesday, Amnesty International, Human Rights Watch (HRW) and the International Commission of Jurists (ICJ) issued a joint statement saying that the law has several provisions that could undermine a successful outcome of the transitional justice process.

Along with the reservation in the reduced sentencing, they say the definition of serious violations of human rights is not consistent with international law and excludes other serious crimes. They claimed that the prohibition of torture and the need for its criminalisation are absolute; there can be no qualification for “inhuman or cruel” torture, since torture, by nature, is inhuman or cruel.

The Supreme Court in 2015 had struck down several amnesty provisions in the Act, terming them unconstitutional and in violation of Nepal’s international human rights obligations. While the new bill contains several significant improvements and positive provisions, parts of it again appear designed to shield those responsible for wartime crimes from prosecution.

Leaders of the ruling parties have said endorsement of the bill has opened the door to expedite the transitional justice process that has been paralysed for the last two years. Both the commissions have been without their office bearers since July 2022. Though former chief justice Om Prakash Mishra-led panel has been constituted to recommend candidates for the two commissions, it is yet to start work as the human rights commission has refused to send its representatives saying that the Act needs to be amended first.

Along with human rights activists, the victims also claim that how the transitional justice process moves ahead will depend on the kind of persons that will be appointed to the commissions. They have been demanding a consultative transparent process for appointing the office-bearers.

The adoption of new transitional justice legislation in Nepal marks an important step in the nation’s long journey towards accountability and reconciliation, UN Human Rights Chief Volker Türk said on Thursday.

“Eighteen years since the end of the decade-long conflict, and after several previous attempts to finalise such legislation, victims of human rights violations are now closer to knowing the truth, accessing justice, and obtaining reparations,” Türk said. “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.