Fourteen Years of Comprehensive Peace Accord: Betrayal on Conflict Victims
Date: November 21, 2020
On November 20, 2006, the Comprehensive Peace Accord between the then rebel CPN-Maoist and the Government of Nepal was concluded with the main goal of establishing a new political system by drafting the constitution of Nepal through the Constituent Assembly, maintaining lasting peace by managing Maoist combatants and weapons, and ensuring human rights and the rule of law. It has been 14 years since the Comprehensive Peace Accord was signed.
The Constitution of Nepal 2072 drafted by the Constituent Assembly has changed the political system and governance structure of Nepal. Weapons and combatant management has been completed. However, the ineffectiveness of the transitional justice structure set up by the then rebel side and the Government of Nepal to address the concerns of the conflict victims and those affected by them and the injustice done to them should be taken as unfortunate. In order to strengthen the people’s hope, trust, and confidence in the rule of law in the federal democratic republican system of governance, the accountability of the political parties, the government, and the concerned bodies towards the policies, laws, and agreements reached is a compulsory condition.
- We have seen the lack of concrete initiatives to address the concerns of victims of serious human rights violations and abuses during the conflict through the search for truth, the assurance of justice, the provision of redress and structural reforms as major challenges to the implementation of the Comprehensive Peace Agreement.
- About 63,000 conflict victims have filed complaints seeking justice in transitional judicial structures. The victim profile prepared by INSEC records 13,248 murders and 931 cases of enforced disappearances. The Nepal Conflict Report 2012, published by the Office of the United Nations High Commissioner for Human Rights, states that there have been more than 10,000 incidents of human rights and humanitarian law violations during the armed conflict. INSEC strongly demands the structure set up to resolve the issue of transitional justice not only by limiting its role in the registration of complaints but also expedite the process in accordance with the spirit of the Comprehensive Peace Accord through the amendment of the law.
- INSEC strongly demands immediate amendment of existing laws on the issue of conflict victims in accordance with the order of the full session of the Supreme Court dated on April 26, 2020 and the order issued by the Supreme Court on January 2, 2014 saying that serious crimes committed during the conflict should not be pardoned.
- INSEC also urges that transitional justice mechanisms be enacted as soon as possible to ensure the effectiveness of the Truth and Reconciliation Commission and the Commission for the Investigation of Disappeared Persons.
- INSEC urges political parties and the Government of Nepal to implement the essence of transitional justice as an integral part of the Comprehensive Peace Accord (CPA) as soon as possible by ensuring non-recurrence of incidents and fulfilling its commitment to conflict victims’ justice, sustainable peace, social justice, human rights and rule of law.
Dr. Indira Shrestha