November 22, 2018 - The Comprehensive Peace Accord, which ended the long revolt of the decade of bringing Maoist revolutionaries in political mainstream in 2006, established three work-social-political changes widely; Integration and rehabilitation of Maoist fighters; And justice for victims of human rights violations- which collectively came to be known as "peace process"
Despite serious differences between the parties, in July 2013, the Maoist fighters were integrated into the Nepal Army, establishing the unique formality of the peace process. In a decision that makes the world shocked, two armies who fought with each other have been working as a unit since then. Then, three years ago, a majority of the majority of the Constituent Assembly announced a new constitution, which made the socio-political change institutionalized.
However, 12 years after the agreement, an important element of the peace process-transitional justice has been stopped and no indication of progress has been shown. It was neither easy to integrate the Maoist fighters in the army nor the announcement of the Constitution was free from obstacles to the entire socio-political system of the country. But the same leader who has played a vital role in successfully implementing the two elements of the peace process, when it comes to transitional justice, they are frustrated. Political observers say that the leaders have failed to give priority to the transitional justice process in spite of verbal commitments and oral commitments.
Major supporters of transitional justice say that the delay is mainly the result of the efforts of the parties to tire victims, hopefully this issue will gradually fade over time. One of the major sections of the peace agreement determines that both sides-government and Maoists must have disclosed information about the disappeared or killed people during the war within 60 days of the signing of the agreement.
However, despite repeated pressures from conflict victims, members of civil society and international human rights organizations, no action has been taken till this end.
Between the pressure, the establishment of a commission for investigating the war-era cases of human rights violations and the historical seven-point agreement signed between the three parties due to the disappearance of one month and the agenda of the Madhsheel alliance in 2011 Was included as one of the.
But the government took three more years to issue an ordinance for the formation of the inquiry commission on the formation of the Truth and Reconciliation Commission (TRC) and the disappeared persons (CIEDP) in 2014, while the commission was formed only after one year.
Tika Dhakal, a member of the civil society working for bringing different stakeholders together to resolve this issue, said, "This example is the will between the parties to solve transitional justice. Speak quantity about the lack of. " Dhakal said that the failure of the two commissions to achieve the results after four years of their formation was due to the lack of cooperation of the parties and their governments. TRC and CIEDP have never received full staff since their formation and delay in issuing required funds has become a common occurrence despite the party in power.
Since their formation, TRC and CIEDP Joint have received about 66,000 complaints, many of them with senior security officers against the top party leadership including Nepal Communist Party Co-chair Pushpa Kamal Dahal and Nepali Congress President Sher Bahadur Daewoo. Rights activists say that the party leadership and security officials fear that they can be dragged into the prosecution, they have motivated them to complete the process. In a statement of human rights activists, it has been said that they will increase their fears about matters of war-age in The Hague of the United Nations International Court of Justice.
The army and the former rebels feared that they might be afraid of war crimes.
Human rights activist said, "With political parties, the security forces have also contributed to the delay in the investigation process," who has worked closely with the leadership of the ruling party and talked to the post on the condition of anonymity. .
The worker said that the split civil society, the difference in the formalities of the transitional justice process within the victim community, and the lack of clarity on their position among the international community has led everyone to indirectly delay.
There is a clear division within the civil society on transitional justice. One section emphasizes the prosecution while the other takes it as one of the four pillars of transitional justice. With the prosecution, the truth of non-repetition of the cases is the demand, repair, and assurances of other important aspects of transitional justice. There are similar differences between the victims, even if they managed to rally in the recent months with a unanimous voice. The problem with the international community is tO, under the supervision of new mechanisms, the existing transitional justice bodies are to improve.
He said, "Such mechanisms should be disabled after the improvement of transitional judicial bodies."
The group, after regional and central consultation with the victims, is coming out with a charter on Wednesday, which will clarify its position on the process of further progress. Creating a mechanism-technical or political-will be one of the important agenda of the charter.
A class of human rights activists, however, is against the initiative to create mechanisms. It claims that the rebellion of creating mechanisms is a conspiracy to apologize for all cases from the era.
"It is an attempt on political and personal gains. We urge all of us to expose this conspiracy," a lawyer and a member of the disgruntled group Om Prakash Aral told the post. "We will stop the formation of ill intention mechanisms."
CVCP, which represents the victims of the state and the Maoists, does not buy the argument of Arya Group. Taking the post, former CVCP President Suman Officers asked the group to present the concept rather than leaning and offering a pleasant alternative.
He said, "The civil society group should comment on keeping the victims in the center, not the self." "Those who criticize the formation of the system should offer a better option. We have no patience to wait till now."
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