Truth or Reconciliation Mechanism – 2007
2007
The interim constitution provided for the creation of a TRC, in order to investigate the violations of human rights and crimes against humanity that took place during the course of the conflict. It was hoped that a TRC would help create an environment that promoted reconciliation. The constitutional provision regarding the TRC reads as follows:
PART 4
RESPONSIBILITIES, DIRECTIVE PRINCIPLES AND POLICIES OF THE STATE
33. Responsibilities of the State: The State shall have the following responsibilities:
(s) To constitute a high-level Truth and Reconciliation Commission to investigate the facts regarding grave violation of human rights and crimes against humanity committed during the course of conflict, and create an atmosphere of reconciliation in the society.
According to the OHCHR-Nepal report to the Human Rights Council, “the new Government appointed a five-member High-Level Commission of Inquiry, chaired by former Supreme Court judge, Krishna Jung Rayamajhi, to investigate human rights violations and abuse of State funds since 1 February 2005, including those committed during the April 2006 protests. Its report was submitted to the Government on 22 November, reportedly with over 200 names of individuals against whom action was to be taken. The Council of Ministers appointed a committee to study the findings. However, the Government has resisted repeated calls to make the report public.”[fn]”Report of the United Nations High Commissioner for Human Rights on the human rights situation and the activities of her Office, including technical cooperation, in Nepal,” UNHCR (A/HRC/4/97), January 17, 2007.[/efn_note]
According to the Human Rights Watch Report, a draft Truth and Reconciliation Commission bill was tabled in June 2007. The report contended that the bill proposed to establish a commission with a mandate to investigate gross violations of human rights and crimes against humanity committed during the civil war, between 13 February 1996 and 21 November 2006. The HRW report claimed that “amnesties can be granted even for gross human rights violations if these acts had a political motivation, if the perpetrator made an application indicating regret, or if victims and perpetrators agree to a reconciliation process.”[fn]”World Report,” Human Rights Watch, 2008, accessed August 4, 2011, http://www.hrw.org/legacy/wr2k8/.[/efn_note]
Even if the government had drafted the bill, the commission was not established in 2007, so it would not have come into effect.