The two transitional justice commissions have called for complaints from insurgency-era victims, even as the survivors have threatened to constitute parallel civil commissions, refusing to participate in the state-led process to look into atrocities committed during the Maoist conflict.

As envisioned in the revised Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, the TRC and the disappearances commissions issued separate notices calling for applications from the victims. Three months has been set aside for the conflict victims (who could not file complaints in the past for various reasons) to lodge their cases once the commissions are formed.

The three-month window was provisioned in the Act mainly because most of the sexual violence and rape survivors did not lodge their complaints in the past citing lack of confidentiality and privacy.

As many as 63,718 complaints have been registered with the TRC. However, only 314 are related to rape and sexual violence. Very few victims lodged complaints as they were not convinced that their records would be kept confidential.

However, they are unwilling to file complaints even this time, for similar reasons. “The way applications have been called shows the TRC doesn’t respect the sensitivity of the matter,” Devi Khadka, coordinator of the National Association of Conflict Rape Victims, a network of Conflict-related Sexual Violence (CRSV) victims. “We are not filing complaints in the present state. It would be suicidal to take part in this process.”

Khadka says the commission has complicated the complaint process, and they have not assured the victims of privacy and confidentiality as their cases progress. Owing to social stigma, CRSV victims cannot open up for their fight for justice. The TRC has asked the victims to submit their complaints by visiting its offices or through email.

Victims say reaching the TRC’s office is not feasible while many victims do not even know what an email is. “The commission could have at least consulted us to find the right way forward. But it’s clear that the commission is not interested in consultations,” said Khadka.

After months of preparation, the association last month submitted 794 sealed applications at the commission on the condition that they would be formally registered with the victims’ consent. The commission has called the victims to give a consent for their registration.

Khadka said no victim is willing to register them now. “We might withdraw those applications if the commission continues to function this way,” said Khadka.

Officials at the commission say they called for the complaints without consultations because the Act says the 90-day window opens the day the commission gets its office bearers.

“We have just called for preliminary information from the victims, respecting the Act. We didn't have time for consultations before soliciting applications,” Tika Dhakal, a member at the TRC, told the Post. “However, I want to assure that all other processes will move ahead in proper consultations and based on suggestions from the victims. The commission understands the sensitivity of the CRSV and is ready to incorporate their suggestions.”

The victims of various crimes from the 1996-2006 insurgency have announced non-cooperation with the newly appointed office bearers of both the commissions. As the commissions call for the registration of cases, the victims’ representatives have appealed to the conflict victims not to be misled by any notices, messages or actions taken by the new teams.

“The conflict victims reiterate that they have no trust in the commission officials appointed on the basis of political power-sharing and nepotism, imposed upon hundreds of thousands of victims who are desperately awaiting truth, justice, and reparations,” reads their statement.

“Unless the government reverses the unjust, non-transparent, coercive, and untrustworthy process it has advanced, and until it re-establishes a victim-centred process based on meaningful consultation and dialogue, the victims’ community will neither support nor cooperate with the process in any way.”

The victims have also constituted a committee to inquire about the formation of a civil commission in order to probe the insurgency-era cases of human rights violation and name the perpetrators.