TRC must be formed immediately

NAVARAJ PUDASAINI

It’s been three years since the Comprehensive Peace Agreement (CPA) was signed between the Government of Nepal and the then CPN (Maoist). The CPA reiterated commitments to competitive multiparty democratic system, civil liberties, fundamental rights, human rights, complete press freedom, rule of law and all other norms and values of a democratic system. The Agreement pledged to set up a number of commissions but the one that evoked the greatest attention was the Truth and Reconciliation Commission (TRC). The Ministry of Peace and Reconstruction lately said that the much-awaited bill on TRC, a transitional justice mechanism proposed in the CPA, will be ready by mid-December.

The bill was drafted on June 2007. Since then, there have been a number of agreements/understandings between the major political parties to form the proposed commission. For instance, on Dec 23, 2007, the Seven Party Alliance and the Maoists signed a 23-point agreement that covered all the disputed issues relating to the formation of the TRC even as it promised to set it up within a month of signing the agreement. Since it is yet to be formed, it clearly shows the lack of accountability. Additionally, it also sends across the message that such commissions might only be limited on paper. One must understand that the failure to honor agreements could have negative long-term consequences and might hinder the peace process altogether.

Learning the truth about past human rights violations and punishing those responsible for them are prerequisites for institutionalizing democracy. This requires great political commitment and efforts from the parties involved. But, on the contrary, there hasn’t been even a single attempt by them to establish TRC and bring the peace process to a logical conclusion. Letting off human rights abusers such as Major Niranjan Basnet (who has been charged for murdering Maina Sunuwar) from the hook, despite the District Court of Kavre ordering the Nepal Army to immediately suspend him, has further jeopardized the peace process. There is no respite to the ongoing human rights violation basically in the southern plains of the country i.e. the Tarai. Security remains a major concern there because of violent activities carried out by armed groups, who are making the best use of the volatile transitional period.

Making commitments and not fulfilling them is proving detrimental to the peace process. Additionally, the growing antagonism among major political actors has cast doubts on Nepal’s chances of achieving lasting peace. The prolonged and severe political deadlock resulting from the Maoist act of disruption of the parliamentary proceedings and failure of the political parties to forge consensus to address Maoists’ demand for restoration of civilian supremacy have thickened the clouds of uncertainty regarding the future course of the peace process.

The failure to wholeheartedly implement the agreements of the peace process and to bring closure to the pains and divisions of the past will not augur well for the future of the country. We must immediately form the TRC and, in addition, make it different from previous commissions so that it operates impartially, is free from political interferences, has adequate resources and access to the information it deems necessary, work for a limited specified period and be empowered to make wide recommendations to the government for further actions with the expectation that those recommendations will be considered seriously.

Writer is a human rights lawyer

Source: http://www.myrepublica.com/portal/index.php?action=news_details&news_id=12433