Eighteen Years of Peace Agreement: Renewed Hope for Transitional Justice After Legal Amendments

 

It has been 18 years since the Nepal government and the Maoists signed the comprehensive peace agreement on November 21, 2006, to end the ten-year-long armed conflict. Recently, the House of Representatives passed the Bill to Amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act (Third Amendment) on August 14, 2024, and the National Assembly approved it on August 22, 2024. Subsequently, the President certified it on August 29, raising hope for Nepal’s transitional justice process, which has been blocked for 18 years.

Addressing human rights violations and holding those responsible accountable is the main goal of the transitional justice system. A thorough hearing of these violations will make the process smoother. Right now, the focus is on the recommendation committee formed by the Nepal government to select the commission’s officials. It is important to appoint officials who can support the peace process, rather than getting caught in political divisions.

The peace process in Nepal will be meaningful if it includes the prosecution of perpetrators through proper procedures, provides victims with compensation respectfully, and incorporates a pardon process with the victims’ consent, ensuring that their self-esteem is not harmed. Moreover, if lessons from the past are not learned and a clear path forward is not set, the issues of justice and reparation will remain unresolved. Continuous monitoring and awareness from the human rights community or civil society are crucial for the overall judicial process. INSEC, which has been continuously monitoring the peace process, has already started its monitoring and raising awareness about this process.

Dr. Kundan Aryal

Chairperson