Amongst the many forms of state governance, democracy continues to be enshrined as one of its best forms – but the process of achieving it, more often than not, is painful. Altering the course of history, the pursuit of democracy requires the blood, sweat and tears of many – the cost of which is sought in the hopes of improvement of one’s own condition. Nepal’s road to federalism hasn’t been any different.

Nepali politics has gone through a lot of milestones in the past century: overthrowing the oligarchic 104-year-long Rana Regime, the establishment and abolition of the Panchayat system, and finally the armed Maoist movement. The decade long Civil War that took place from February 13, 1996 to November 26, 2006 claimed the lives of 17,000 people – many of them were guerilla members and security forces, but there were also several instances of gross abuse of power by both – the guerillas and the security forces. On May 28, 2008, the newly elected Constituent Assembly declared Nepal a Federal Democratic Republic and Nepal today has a President as Head of State and a Prime Minister heading the Government.

To bestow upon the people of Nepal the freedom that democracy entails, it indeed demanded the blood and sweat of hard-working Nepalese citizens. The loss of lives was incomparable, but democracy somehow was to balance that pain with freedom and happiness. People gained the right to choose their representatives freely, and those representatives gave them a government of the people, culminating in the promulgation of the Constitution of Nepal 2072 through the Constituent Assembly. Its preamble states: “RECALLING the glorious history of historic people’s movements, armed struggles, dedication, and sacrifice of the Nepali people carried out, from time to time, for the sake of the interests of the nation, democracy, and progressive changes, and respecting the martyrs, disappeared persons, and victimized citizens.”

However, despite what is recorded in history books and the constitution, the pain of the people and the voices of those who were lost tells a different story – a story of repeated abuses of power. The story of Nepal’s Truth and Reconciliation Bill is one such instance.

What is the TRC bill?

Nepal’s Transitional Justice Bill is connected to the Truth and Reconciliation Commission, which was set up to reconcile the painful events of the civil war that took place from 1996 to 2006. During the conflict, many were forcefully disappeared, and a lot of innocent lives lost due to violence from both, the government and the Maoist rebels.

The TRC Bill is a law that created the Truth and Reconciliation Commission and a separate body to investigate people who went missing during the war. These commissions are supposed to find out what really happened during those years, give victims a chance to be heard, and suggest ways to help them recover from the trauma while promoting healing and peace in the country.

The civil war was a difficult period, and many families till date suffer its consequences as they look for answers behind the disappearance of their loved ones, or some form of accountability for the brutal violence their family members were met with. The TRC is meant to help these families find closure and hold those responsible accountable.

Following the signing of a Comprehensive Peace Accord on 21 November 2006, the Ministry of Peace and Reconstruction proposed legislation to establish a Truth and Reconciliation Commission as a transitional justice mechanism.

Over 63,000 people have filed complaints with the Truth and Reconciliation Commission, while an additional 3,000 have registered with the Commission for Investigation of Enforced Disappearances. These 66,000 individuals continue to wait for truth and justice. The crimes committed against them range from silencing journalists such as the murder of Radio Nepal’s Dekendra Thapa in Dailekh. 35 journalists were killed during the war. Similarly, on 6^th June, 2005, a bomb attack on a public bus in Chitwan resulted in 38 casualties – all civilians. Similarly, the period was also witness to widespread violence against women. According to a report by Human Rights Watch, security forces would rape women who were either relatives of Maoist suspects or believed to Maoist supporters. The stories of Tanka Prasad Tharu who was tortured for 46 days in police custody in 2002, and other stories around brutal war time crimes and enforced disappearances have been well documented by national and international media.

Despite such harrowing incidents, political maneuvers around the bill continues unabated, with the bill being rejected when the Maoists are in power, and subsequently makes progress when the CPN UML forms a government without the support of the Maoist centre.

Following nearly ten years of inaction, the House of Representatives finally approved a bill to amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act. This amendment became necessary after the Supreme Court, in February 2015, rejected sections of the law that allowed pardons for severe human rights abuses and instructed the government to revise the legislation. Despite this directive, various governments over the years did little to implement the required changes.

Fast forward to today, Transitional Justice Bill has been endorsed by the House of Representatives and National Assembly. Originated in the HoR, the bill was sent to the President for authentication as HoR Speaker Devraj Ghimire’s has already certified it. The bill has taken the form of an Act after the President’s authentication. However, conflict-affected communities have staged demonstrations and sit-in calling for amendments to the Transitional Justice Amendment Bill, which they argue is flawed and fails to adequately address the rights of victims.

The bill has come under criticism for containing provisions that grant immunity to perpetrators, thereby denying victims their rights to truth, justice, and compensation. International organizations also echo these concerns.

Lawyer and Supreme Court advocate Kritinath Sharma Poudel objected to the passage of this Act by both Houses of Parliament in an opaque manner, without consulting the victims and other stakeholders, to amend the law on a serious issue like transitional justice.

He stated that the bill on Transitional Justice is flawed, does not favor the victims, and encourages impunity and violence, so it needs to be amended immediately. During a conversation with Aawaaj News, he expressed that the government and parliament are acting against international legal standards, the sentiments of the aggrieved people, and the judgment of the Supreme Court. Therefore, this bill should be amended without delay.

Advocate Poudel said, “This bill does not align with international law. Instead of providing relief to the victims, it grants immunity to the perpetrators.” He added, “Without even following the normal process of lawmaking, the government has forgotten the victims of the people’s war. This law, which disregards both international and national laws, as well as the orders of the Honorable Supreme Court and the recommendations of the Human Rights Commission, is not in favor of the people or the victims. In my clear opinion, it should be amended as soon as possible.”