Ending nearly a decade of confusion, the House of Representatives on Wednesday endorsed the bill to amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act by a majority vote.

The amendment to the Act was necessitated after the Supreme Court in February 2015 struck down provisions that allowed amnesty for serious violations of human rights, directing the government to make necessary revisions. Despite this directive, successive governments until recently made no serious attempts towards changing the law as directed by the top court.

The serious visible efforts to this effect was seen when the chiefs of the major three parties on July 1 formed a three-party mechanism to find a common ground on the contentious provisions in the bill. With consent from the top leadership the mechanism on August 7 reached a written agreement on the bill.

Based on the tripartite agreement, the Law, Justice and Human Rights Committee of the lower house approved the bill, which was under consideration for over a year, the very next day. The erstwhile Pushpa Kamal Dahal government had in March last year introduced the bill in parliament. It was under consideration for more than a year following differences among the parties on the content until last week’s agreement.

The bill that was presented in parliament on Tuesday got endorsed the next day after all the lawmakers except the only one from the Nepal Majdoor Kisan Party stood against it. Addressing the House, before the bill was put to a vote, top leaders of big parties claimed the country was moving towards accomplishing the remaining task of the peace process—the transitional justice. Putting his view before the lower house, Prime Minister KP Sharma Oli said Nepal’s transitional justice process would be completed by adopting Nepal’s own homegrown model.

“The commissions will get full shape with the new Act in place and they will get a favourable environment to function,” said Oli, who also is the chairperson of the CPN-UML. “Our transitional justice process will be exemplary, setting an example to the world.”

The Truth and Reconciliation Commission and the Commission of the Investigation on Enforced Disappeared Persons are lying paralysed for over two years in the absence of their office bearers. Although a committee led by Om Prakash Mishra, a former Supreme Court chief justice is in place, it has not been able to function following the National Human Rights Commission’s refusal to send its representative demanding amendment to the Act.

Also addressing the lower house, Nepali Congress chief Sher Bahadur Deuba claimed that the bill ensures truth, justice, reparation and non-occurrence of the conflict. “It adheres to our existing laws, the verdict of the Supreme Court and international standards of transitional justice,” he said.

Similarly, CPN (Maoist Centre) chair Pushpa Kamal Dahal said the endorsement in the bill will lead the country towards the conclusion of the peace process.

“Our peace process is a model in the world. We are leading it with our own experience and methods,” he said.

While the top leaders unanimously claimed that the bill ensures a victim-centric transitional justice process with no amnesty for serious violations of human rights, the victims and the human rights defenders have divided opinions on the bill that got through the lower house. A group of victims united under the National Network of Victims and Survivors of Serious Human Rights and National Association of Conflict Rape Victims have jointly welcomed the endorsement of the bill calling it a historic achievement. Ram Bandari and Devi Khadka coordinators of the two associations respectively have jointly said that the bill is in line with the demands of the grassroots victims for prompt truth, justice and reparation.

However, Charan Prasai, a human rights activist said the bill is full of flaws guided by amnesty even in serious violations of human rights. “The parties had in 2015 introduced the law unanimously, but it was struck down by the court. The bill endorsed on Wednesday too is full of problematic provisions,” he said.

The bill lists rape or serious cases of sexual violence, intentional or arbitrary killing, enforced disappearances and inhumane or cruel torture as serious violations of human rights and thus non-amnestiable. Other incidents fall under human rights violations and are amnestiable. One of the provisions in the bill clears the way for reconciliation in cases other than serious violations of human rights. The attorney general cannot be forced to press ahead with a legal case in incidents of human rights violations or serious violations of human rights where there has been reconciliation or a recommendation for amnesty, according to the bill.

Except in cases of rape or serious sexual violence, there can be a reduction in the sentencing by 75 percent if the perpetrators fulfil some set criteria. 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 to not 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 is not mentioned in the agreement.

Now the bill will be forwarded to the upper house for approval. It will come into force after the authentication from the President.

Meanwhile, some Kathmandu-based diplomatic missions have welcomed the development. Within hours after the House endorsed the bill, the envoys took to social media to congratulate Nepal terming it a historic achievement.

US Ambassador Dean R Thompson congratulated the people of Nepal on the occasion. "This is a meaningful moment in Nepal’s journey to shaping its own peaceful, prosperous, resilient, and democratic future," he wrote on X.

United Nations Resident Coordinator Hanaa Singer-Hamdy described the passage of the bill as a crucial step in the peace process. “Engaging victims is imperative - 'nothing for us without us' - for successful implementation," she wrote on X. “The UN stands ready to support inclusive TJ aligning with international human rights commitments and standards."

Also, Veronique Lorenzo, the ambassador of the European Union to Nepal, congratulated Nepal and Nepali people for the historic achievement. Describing it as a Nepal-led and owned, victim centric TRC bill, the EU welcomed the achievement and reiterated its commitment for full support in its implementation.