The transitional justice process remains stalled as the government delays constitution of the recommendation committee to select office bearers in the two transitional justice bodies.

There has been no serious effort to form another panel after the one led by Om Prakash Mishra, former chief justice, failed to recommend chairpersons and members for the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons. Formed on October 18, the five-member panel exhausted its two-month-long tenure without accomplishing its job.

Two months later, no progress has been made in constituting another committee. “I have repeatedly drawn the attention of the prime minister, Nepali Congress president and the home minister. Every time they say they are serious about it,” said a Congress leader. “In reality they are not.”

He claimed as the Congress and the CPN (Maoist Centre) have stakes in transitional justice, they should be more concerned than the prime minister and his CPN-UML.

If the claims of those who are privy to the developments is anything to go by, there has not been serious discussions between the major three parties on the issue. However, Prime Minister KP Sharma Oli has requested Mishra and another former chief justice to again head the selection committee but without concrete progress.

The victims from the decade-long insurgency say the reluctance of the government and concerned political parties proves how unaccountable they are. “No government and party was ever interested in expediting the transitional justice process,” said Suman Adhikari, founding chairperson of the Conflict Victims Common Platform. “I don’t think another recommendation committee will be formed anytime soon.”

In order to build pressure and draw the attention of the concerned stakeholders, the victims are preparing to hit the streets soon with a demand to constitute a new committee. The victims say delay in forming the recommendation panel is not just a betrayal to the victims but also the contempt of the court.

Passing a verdict in a writ petition in March last year, the Supreme Court had said the government cannot leave the commissions vacant any longer.

The two commissions have been inactive since July 2022 after the government decided to extend their terms without retaining their chairmen and members. The government had claimed the bill to amend the transitional justice law would be endorsed by October 2022 and the appointments be made based on an amendment to the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act.

After lengthy negotiations and discussions, the Act was revised in August last year. However, the appointment of 10 office bearers in the commissions remains elusive.

The National Human Rights Commission has also been holding consultations with the stakeholders following the government’s reluctance to form a new search panel. “We are planning to draw the government’s attention to the resumption of the selection process,” said Murari Kharel, secretary at the commission.

Those interested in the issue say there can be no excuse to continue delaying the selection of the chairpersons and members in the transitional justice mechanisms.

“Transitional justice needs to be concluded not just to deliver justice to victims but also to raise the trust over the existing governance system. It is also an issue of political accountability,” said Tika Dhakal, who has followed the development. “The more it gets delayed, the more complicated it will become.”

Aides to Oli, however, claim the government has no intention to delay the appointment process. “The government is serious on the matter. The home minister is in regular consultations for the formation of a new recommendation,” said Bishnu Rimal, chief adviser to the prime minister. “I cannot set a date but I can say the recommendation committee will be formed very soon.”