Nepal’s President, Ramchandra Paudel, on Thursday certified the Transitional Justice (TJ) Bill, marking a significant milestone in the country’s efforts to address the atrocities committed during its decade-long civil war.
The bill, which seeks to amend existing legislation concerning enforced disappearances, is aimed at providing justice to the victims and their families. The civil war, which raged from 1996 to 2006, left deep scars on the nation, with widespread reports of human rights violations, including extrajudicial killings, sexual violence, and torture.
President Paudel’s Certification and Legislative Journey
President Paudel’s certification of the Transitional Justice Bill comes after its endorsement by both houses of Nepal’s Parliament earlier this month.
The bill, which amends the Commission of Investigation on Enforced Disappeared Persons and the Truth and Reconciliation Commission Act (TRC Bill), was submitted to the President for authentication following its approval by the House of Representatives on August 14 and the National Assembly on August 22. Speaker Devraj Ghimire certified the bill on Wednesday, paving the way for it to be forwarded to the President.
The President’s office issued a statement confirming that the bill was authenticated in accordance with Article 113 (2) of the Constitution. With this certification, the bill is now ready for implementation, pending its publication in the Gazette.
The need for this amendment arose after the Supreme Court of Nepal, in February 2015, struck down provisions in the original legislation that allowed for amnesty in cases of serious human rights violations. The court directed the government to revise the law to ensure justice for the victims. The passage of this bill represents the culmination of nearly a decade of legal and political efforts to address the injustices of the civil war.
International Community Welcomes the Bill
The endorsement of the Transitional Justice Bill has garnered positive responses from the international community. A joint statement was issued by nine countries, including the United States, Switzerland, Australia, the United Kingdom, Norway, Japan, Finland, Germany, and France, along with the European Union (EU). The statement expressed strong support for Nepal’s efforts to bring its long-standing peace process to a logical conclusion.
“The undersigned welcome the Investigation of Disappeared Persons, Truth and Reconciliation Commission Act 2071 (Amendment) Bill passed with consensus by both houses of the Federal Parliament of Nepal,” the joint statement read. The international community emphasized the importance of collaboration among all stakeholders to ensure the successful implementation of the bill.
The statement further highlighted the significance of this moment in Nepal’s history, noting that it is crucial for all parties involved to work together to bring this chapter of Nepal’s past to a successful and just conclusion.
The international community expressed its willingness to support Nepal in the effective delivery of justice through the Truth and Reconciliation Commission and the Commission on the Investigation of Enforced Disappeared Persons.
Background of Nepal’s Civil War and Transitional Justice
Nepal’s civil war, which spanned from 1996 to 2006, was a period marked by intense conflict and widespread human rights abuses. The decade-long Maoist insurgency, which sought to overthrow the monarchy and establish a republic, resulted in the deaths of approximately 17,000 people, including security personnel and civilians.
The conflict also saw the systematic use of enforced disappearances by state forces, with individuals being taken into custody or arrested without any trace.
The Comprehensive Peace Agreement, signed in 2006, brought an end to the armed conflict and initiated the process of political transformation in Nepal. However, the legacy of the war, particularly the unresolved cases of human rights violations, has continued to haunt the nation.
The formation of the Truth and Reconciliation Commission and the Commission on the Investigation of Enforced Disappeared Persons was a key component of Nepal’s peace process, aimed at addressing these historical injustices.
The original legislation governing these commissions, however, faced criticism for provisions that allowed amnesty for serious crimes, such as extrajudicial killings and torture. The Supreme Court’s 2015 ruling invalidated these provisions, leading to the current amendments.
The newly certified bill reflects Nepal’s commitment to ensuring that justice is served for the victims of the civil war.
As Nepal moves forward with the implementation of the Transitional Justice Bill, the challenges of reconciliation and justice remain complex.
The success of this legislation will depend on the political will of the government, the cooperation of all stakeholders, and the continued support of the international community. With the certification of this bill, Nepal has taken a crucial step towards healing the wounds of its past and building a more just and peaceful future.
