Politics
Top leaders vow to pass transitional justice law amendments
PM Oli, Congress President Deuba and Maoist Centre chair Dahal jointly receive recommendations from a taskforce.Binod Ghimire
The top leaders of the three major parties have unanimously agreed to endorse the bill to amend the Disappearances Enquiry, Truth and Reconciliation Commission Act at the ongoing session of the federal parliament.
On Wednesday, receiving the report of the three-member taskforce formed to build consensus on the contentious issues of the bill, they claimed the country is now headed towards concluding the transitional justice process—the last leg of the peace process that began with the signing of the Comprehensive Peace Accord on November 21, 2006.
The chiefs of the three prominent parties had on July 1 formed the taskforce comprised of Ramesh Lekhak of the Nepali Congress, Mahesh Bartaula of the CPN-UML and Janardan Sharma of the CPN (Maoist Centre) after the Law, Justice and Human Rights Committee of the House of Representatives failed to iron out differences mainly over four provisions in the bill.
It took a month and six sittings for the Lekhak-led panel to build consensus. The report was submitted jointly to Prime Minister and UML chair KP Sharma Oli, Congress President Sher Bahadur Deuba and CPN (Maoist Centre) Chairperson Pushpa Kamal Dahal.
“The agreement has been reached taking the Supreme Court’s verdict, international standards and a victim-centric approach into consideration. This is a milestone in concluding the remaining task of the peace process,” said Oli after receiving the report. “Now there is no confusion and dilemma over completing the pending tasks of the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons.”
The process of appointing office bearers to the commissions would follow the bill’s parliamentary endorsement. Oli said the amendment bill will be tabled in the federal parliament, ensuring that it gets through the ongoing session.
Also receiving the report, Dahal said the agreement is a significant achievement of the present government. “I would like to request the government to present the bill in the full House and get it endorsed,” said Dahal. “When the political agreement transforms into law, it will lead to a long-term solution to conflict-related issues through relief and reparation, among other measures.”
The top leadership has claimed Nepal will set an example for the world by concluding the transitional justice process. “I appreciate the efforts made by our friends in finding a consensus on the bill. Nepal will present an example to the world if it manages to conclude the transitional justice process,” said Deuba.
As per the written agreement made public on Wednesday, the taskforce has agreed to list rape or serious cases of sexual violence, intentional or arbitary killing, enforced disappearances and inhumane or cruel torture as serious violations of human rights thus non-amnestiable. Rest of the incidents fall as human rights violations and are amnestiable.
The three parties have also agreed to include a provision which says that in cases other than serious violations of human rights, there can be reconciliation (between the victim and the perpetrator). According to another point of agreement, the attorney general cannot be forced to press ahead with a legal case in cases of human rights violations or serious violations of human rights where there has been reconciliation or a recommendation for amnesty.
The taskforce also agreed to reduce sentencing by up to 75 percent except in cases of rape or serious sexual violence. It has set different yardsticks to do so.
Decisions on reduced penalty can be taken after examining whether the perpetrators provide information on the allegations against them, whether they cooperate with the commissions on evidence collection and whether they express remorse for their acts. Similarly, before recommending a reduction in penalty, the commissions need to evaluate whether the perpetrators have apologised to the victims and made commitments not to repeat such acts.
All disqualified Maoist combatants including child soldiers, along with the families of security personnel who died or got injured during the insurgency, will get reparation and compensation, as per the agreement. However, the issue of child soldiers, which is considered a war crime, along with crimes against humanity and other acts of war crime find no mention in the agreement.
Based on the three-party agreement, the committee will endorse the bill and forward it to the House of Representatives. The bill must be endorsed by both chambers of the federal parliament to come into effect. There will be no obstacle for the bill’s endorsement as the three parties hold more than two thirds of seats in Parliament.