Explainers
2 MIN READ
Over a decade after the Comprehensive Peace Agreement of 2006, between the then Maoist rebels and Nepal government, justice to the victims of human-rights excesses committed during the the civil war remains as elusive as ever. Two constitutional bodies that are supposed to address those abuses—Truth and Reconciliation Commission (TRC), and Commission of Investigation on Enforced Disappeared Persons (CIEDP)—were formed only two years ago. And as their operations appear hamstrung, victims and their families are pessimistic about the resolution of their complaints.
So why do these constitutional bodies look paralyzed more than two years after their formation?
The commissions had a rocky start. Regulations required for these bodies to function came into effect only 13 months after their formation in February 2015. Even then, their pace of work has been sluggish. Since the vast majority of the registered cases had not even seen initial rounds of investigation, in February 2017, the tenure of both commissions was extended by a year.
Madhavi Bhatta, a member of TRC, says constraints of human resources and money have been the major factor. The body was assigned a total of 100 staff positions, a third of which had not been filled till last year. Since then, it has formed three-member investigation panels—along with seven staffers—for each of the province. By February 2018, these teams will have to investigate a total of 60,000 cases between them, a task which Bhatta says is near impossible. “If the government does not extend the tenure, we will pack up and give a report on what we’ve done so far,” she said.
Lokendra Mallick, chairperson of CIEDP, which was formed to investigate the cases of disappearances during the conflict years, also says it’s impossible for the commission to finish its works by the February deadline. The commission has received over 3,093 complaints from the families of the disappeared. (According to the International Committee of the Red Cross, 1335 people were disappeared during the war.) Of those, 157 are being sent for detailed investigations among designated eight teams.
CIEDP too suffers from a serious lack of officials. According to its spokesperson Bishnu Pathak, CIEDP currently has 42 staffs—including several computer operators and a dozen vehicle drivers—from the 90 positions the government has created. Remaining seats still need to be filled, which is the government’s responsibility. Unable to properly function at a reasonable pace, Pathak said, “We’ve had to take blame from the victims’ families, journalists, civil society, and international community for not doing anything.” He added, “It seems pointless to me to add more tenure if the government is going to keep us under-resourced.”
News
3 min read
The tradition has drawn criticism from child-rights activists who say the Kumaris are denied a childhood.
COVID19
Opinions
5 min read
Oli’s reputation has deteriorated alongside his questionable decisions as the nation’s premier
Features
12 min read
Kesang Tseten, in documenting these grueling stories, has done his part by successfully bringing the experience of the Nepali migrant worker to our attention, and has thus recorded history in unforgettable images.
Features
5 min read
Determined to crush Maoist rebels instead of seeking a political solution, Oli is repeating the same mistakes Deuba made in the 90s which resulted in a decade-long people’s war
Perspectives
5 min read
Despite constitutional provisions, inaction on supporting laws has meant that individuals are routinely denied citizenship through their mothers.
Features
6 min read
Women prisoners struggle with the difficult choice of sending their kids away or bringing them up in a milieu that could negatively impact their child’s development
Features
8 min read
One June 2004 , Krishna Prasad was on his way to his grandparents’ home in Jayamangla, Chitwan, when he disappeared mid-journey. The Adhikari family still awaits justice.
COVID19
Photo Essays
2 min read
The Nepal government’s announcement of a lockdown threw millions of lives in disarray, perhaps none more so than that of migrant workers looking to return home.