<img width="800" height="451" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131132/637235539c7e80680e0c497djpeg.jpg" alt=""/>Nepali human rights activists and survivors of the 1996-2006 Maoist insurgency have written to United Nations Secretary-General António Guterres alerting him to ‘multiple flaws’ in a transitional justice amendment bill before Nepal’s Parliament.The letter was handed over to the UN Resident Coordinator in Nepal Richard Howard on Monday in Kathmandu, one day before the International Day of the Victims of Enforced Disappearances on 30 August. A copy of the letter was also given to Michelle Bachelet Jeria, the UN High Commissioner for Human Rights.The Comprehensive Peace Accord of 2006 envisaged setting up a <a href="https://www.nepalitimes.com/opinion/no-closure-after-nepals-insurgency/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/opinion/no-closure-after-nepals-insurgency/&amp;source=gmail&amp;ust=1661934213834000&amp;usg=AOvVaw0gT_QRHglKZGU7wjxZeoZm">transitional justice mechanism</a> with the formation of a Commission for the Investigation of Enforced Disappeared Persons and a Truth and Reconciliation Commission. The commissions were finally formed in 2014, but have <a href="https://www.nepalitimes.com/latest/stop-stalling-transitional-justice-global-human-rights-bodies/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/stop-stalling-transitional-justice-global-human-rights-bodies/&amp;source=gmail&amp;ust=1661934213834000&amp;usg=AOvVaw3BQNmw2JY2EtTKZ9hfL2bK">lacked teeth</a> because former enemies have served together in coalition governments that have tried to brush war-time atrocities under the carpet. Read  also: <a href="http://archive.nepalitimes.com/article/nation/dead-and-dying,3955">The dead, and the dying</a>, Om Astha RaiThe Commission on Enforced Disappearances did draw up a list of 1,334 people who have been missing since the conflict ended in 2006. Less than half of the families of those disappeared by both sides have received compensation.But, more importantly, most have not been told the truth about whether their relatives are dead or alive, why they were taken away, or where their bodies are. Most families have been living for the past 16 years without closure.The government had been stalling on implementing a Supreme Court ruling to amend the 2014 transitional justice law, but got the human rights activist turned Minister for Law and Constitutional Affairs Govinda Sharma Bandi last month to present an amendment bill in Parliament.Human rights activists and conflict groups have held street demonstrations against the proposed bill, <a href="https://www.nepalitimes.com/opinion/transitional-injustice-in-nepal/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/opinion/transitional-injustice-in-nepal/&amp;source=gmail&amp;ust=1661934213834000&amp;usg=AOvVaw3yY1dq5VJPT-IyGX1Pigr2">which they say is perpetrator-friendly</a>, and would grant amnesty to those responsible for war crimes by both sides during the conflict. Minister Bandi serves in a government led by the Nepali Congress which was in power for most of the conflict years, their coalition partners from the Maoist party which was waging an armed struggle. <img width="1554" height="1468" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131132/637235559c7e80680e0c497ejpeg.jpg" alt="">Both parties now find themselves on the same side, and appear to have colluded to ensure that the draft bill will allow state security forces and guerrilla commanders who are now in government to not be answerable for torture and disappearances, summary executions, rape and other heinous crimes.The letter to the UN Secretary-General seeks his good offices to ensure that changes be made to the draft bill so that families and victims receive truth and justice. It reminds the Secretary-General that the United Nations has been a meaningful partner in Nepal’s peace process, which makes it surprising that the respective Special Rapporteurs, the OHCHR and other UN entities have not publicly reacted to the transitional justice bill.The letter states that the transitional justice bill does not follow the ruling of Nepal’s Supreme Court and goes against international law. It draws attention to the re-definition and distinction between ‘murder’ and ‘cruelly conducted murder’ in the bill, as well as the issues of child soldiers, torture and wartime rape.‘The amendment bill is designed to provide de facto immunity to perpetrators of both sides,’ the letter states, adding, “we hope that the United Nations will remain engaged on the matter.’UN Resident Coordinator Richard Howard assured the meeting of human rights conflict victims’ groups (pictured) that the United Nations remained committed to values inherent in the transitional justice process.Read also: <a href="https://www.nepalitimes.com/banner/forgetting-to-remember/">Forgetting to remember</a>, Sahina ShresthaThe letter was signed by Gauri Sankhar Lal Das and Sushil Pyakurel (former commissioners of National Human Rights Commission), Kul Chandra Gautam (Former Assistant Secretary General of the United Nations, Min Bahadur Shahi (Human Rights Alliance), Nani Maya Thapa (NGO Federation of Nepal), Suman Adhikari (Conflict Victim Orphan Society Nepal) and Maina Karki (Conflict Victims’ Common Platform), among others.It also included victims’ groups, including the Army Single Women and Injured Families Group, Conflict Victims’ Society for Justice, Amar Prahari Pariwar, Conflict Victims’ National Alliance, Discharged People’s Liberation Army Nepal.Read more: <a href="https://www.nepalitimes.com/opinion/transitional-injustice-in-nepal/">Transitional injustice in Nepal</a>, Kanak Mani Dixit

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Nepali activists write to UN Secretary-General

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111016118/636d141e9c7e80680e0a9960jpeg.jpg" alt="" width="700" height="490"/><figcaption>The then Prime Minister Girija Prasad Koirala and rebel leader 'Prachanda' Pushpa Kamal Dahal signing the Comprehensive Peace Agreement in Kathmandu on 21 November 2006. Photo: SAGAR SHRESTHA</figcaption></figure>The headlines for the past month have all been about the <a href="https://www.nepalitimes.com/latest/what-is-happening-to-nepals-supreme-court/">Supreme Court</a>, and whether or not Chief Justice Cholendra SJB Rana should be <a href="https://www.nepalitimes.com/latest/nepals-lawyers-on-warpath-against-chief-justice/">impeached, or resign</a>, over past naughtiness.The controversy goes to the heart of Nepal’s governance failure and the erosion of the rule of law. Politicians have tampered with the doctrine of the separation of powers, and politically appointed justices have returned the favour.But there was a larger lapse of justice that went virtually unnoticed this week. It has been exactly 15 years after the <a href="https://archive.nepalitimes.com/article/editorial/justice-delayed-justice-denied-transitional-justice,3556">Comprehensive Peace Accord (CPA)</a> was signed on 21 November 2006 between the Maoist commander Prachanda and Prime Minister Girija Prasad Koirala of the Nepali Congress (NC).As per the provisions of the CPA, two commissions to investigate the disappeared and for truth and reconciliation were to be set up and given two years to do their job. This being Nepal, it took a full ten years for the <a href="https://archive.nepalitimes.com/article/nation/truth-about-truth-commission,3565">Truth and Reconciliation Commission</a> (TRC) and the <a href="http://archive.nepalitimes.com/article/nation/Who-doesn-want-a-TRC,2042">Commission on the Investigation of Enforced Disappearances (CIED)</a> to start their work.The United Nations, Nepal’s Western partners and international human rights watchdog groups were the driving force behind the <a href="http://archive.nepalitimes.com/blogs/thebrief/2014/08/18/justice-under-threat/">transitional justice process</a>, and if it was not for them it would have been unlikely that the country’s 14 prime ministers since 2006 would have made any moves to rake up wartime excesses.The rationale behind <a href="http://archive.nepalitimes.com/article/editorial/truth-and-justice-for-relatives-of-murdered-and-disappeared,2122">transitional justice</a> is that until survivors and families of victims find truth and justice, there will be no closure, residual revenge will poison societal relations, and there will be a danger of the country slipping back into violent conflict.Justice denied also <a href="http://archive.nepalitimes.com/regular-columns/Legalese/Justice-in-transition,458">promotes impunity</a> in other arenas of national politics, as we see today. It is also important to keep the memory of the conflict years alive, and document the untold death and suffering it caused. Nepalis have to be reminded not to forget.Yet, memories fade, time moves on, people drift into everyday routines and try to get on with their lives. Transitional justice would have at least helped heal the loss for families of the victims, provided society with closure, and perpetrators of war crimes a chance for atonement.But, as with all other spheres of national life, the transitional justice mechanisms have been politcised from the word go. The leadership of the Maoist, NC and to a lesser degree the UML, all colluded to appoint yes men to the TRC and the CIED, extending their mandates over and over again with no hearings, trials or verdicts against those involved in heinous crimes.The toothless commissions collected tens of thousands of testimonies from families of victims and survivors, but the files are all mothballed in steel cabinets in their offices. Meanwhile, in the past 15 years, there has been plenty of lip service, blame game, scapegoating and tokenism. The two commissions have actually been used by politicians to prevent cases from moving through the regular courts.In fact, on the 15th anniversary of the CPA, Prachanda who has gone back to his peacetime name of Pushpa Kamal Dahal, vowed to complete the transitional justice process. In a <a href="https://www.nepalitimes.com/latest/justice-delayed-justice-denied/">statement</a> on 21 November and an English <a href="https://kathmandupost.com/columns/2021/11/20/the-nepali-peace-process-as-a-global-model">op-ed in The Kathmandu Post</a>, he termed Nepal’s peace process a ‘successful homegrown model’ for other post-conflict countries.‘Although the conflict was brought to an end, the task of investigating events that occurred during the war and to provide victims with transitional justice remains,’ Dahal said in his <a href="https://www.nepalitimes.com/latest/justice-delayed-justice-denied/">statement</a>. ‘We are proud of what the revolution achieved, but we will probe wartime excesses.’The fact that most other political leaders did not even bother to acknowledge the CPA anniversary showed that Dahal knows the sword of justice hangs over his head. With Western backing for the transitional process not as vigorous as it once was, he knows he just has to keep on saying the right things.The CPA pledged to ‘investigate human rights violations and those involved in crimes against humanity’. With every year that goes by, it looks less and less likely that will happen. There are still more than <a href="http://archive.nepalitimes.com/news.php?id=16267#.YZxyclVBypo">2,000 people listed as missing</a>, and some of their families have waited two decades already to know whether they are dead or alive, or what happened to them.Many <a href="http://archive.nepalitimes.com/article/nation/1,334,3287">families of the disappeared</a> interviewed by this newspaper have said finding out the truth is more important than justice. This could also mean they do not expect the state to persecute known perpetrators, so they do not even ask for justice. But their anguish is heightened when they see war criminals in senior leadership positions, who never had to answer for their crimes.As Meenakshi Ganguly, South Asia director at <a href="https://www.nepalitimes.com/latest/justice-delayed-justice-denied/">Human Rights Watch, said in a statement issued jointly with Amnesty International, the International Commission of Jurists and TRIAL International</a> on 21 November: ‘State officials’ reluctance to investigate and prosecute such serious crimes has exacerbated the suffering of victims, undermined the rule of law in post-conflict Nepal, and increased the risk of such violations in the future.’She went on to warn: ‘If justice is continually denied in Nepal, perpetrators of these international crimes committed during the conflict will be prosecuted abroad under international jurisdiction.’

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Nepali activists write to UN Secretary-General

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