Thursday, January 25, 2018

'TJ mechanism is not working well'



Kathmandu, Jan. 23: Chiefs of the two transitional justice mechanisms, the Commission on Investigation of Enforced Disappeared Persons (CIEDP) and Truth and Reconciliation Commission (TRC), on Tuesday accepted that there had been no significant progress regarding investigating crimes against humanity committed during the decade-long armed conflict.
The confusion that prevailed about two years ago about recognising ‘enforced disappearance’ or ‘torture’ as a crime has not been cleared as the state has failed to enact the laws related to it.
Article 25 (1) of the Act on the Commission on Investigation of Disappeared Persons and Truth and Reconciliation, 2014, had a provision to punish the perpetrators of crimes against humanity, but there is no legal instrument to execute the punishment provisions.
“Although the law has enabled us to recommend to the government to punish the perpetrators, we are unable to specifically suggest the nature of the punishment due to the legal vacuum,” Lokendra Mallik, Chairperson of the CIEDP, said at a seminar on ‘Role of media in peace building’.
The commissions had forwarded the draft of the bill to the Ministry of Peace and Reconstruction (MoPR) about two years ago, but it couldn’t move further.
Chairman of the TRC Surya Kiran Gurung also said that the government’s inability to enact the laws was the major cause of delay.
The commissions were formed on February 10, 2015.
Former chairman of the Council of Ministers and former Chief Justice Khil Raj Regmi urged the government to be positive in solving the problem.
But Secretary at the MoPR Krishna Raj BC claimed that the government had given priority to conflict resolution. He claimed that the government had recorded the cases of people affected by the conflict, including the families of the disappeared persons, and also provided compensation.
Commissioner of the National Human Rights Commission Mohana Ansari criticised the government for its negligence of the cases related to the conflict victims.
“Accountability of the government to peace and citizens and justice is very slow. The complaints of the victims, registered about one-and-a-half decades ago, are just being resolved. How can you compensate a family after 15 years?” she questioned.
She urged the government to be serious about conflict resolution and provide compensation at the earliest.
The term of the two commissions has been extended again by one year.

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