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Truth or Reconciliation Mechanism – 2014

Some significant progress was made on issues related to establishing a truth and reconciliation commission. In January, Nepal’s Supreme Court ordered the government to form a separate commission for truth and reconciliation, and one for disappearance. The court also asked the government to draft a bill in consultation with victims and stakeholders, and scrap the provision for blanket amnesty. On 7 April 2014, major political parties forged an agreement for the establishment of two separate commissions.¹ Accordingly, on 10 April, the government tabled two bills in the legislature parliament on the formation of the Truth and Reconciliation Commission (TRC) and the Commission of Inquiry on Enforced Disappearance.². Because the TRC law could permit amnesty for serious crimes, rights groups and victims groups opposed the bills.³ Notwithstanding these oppositions, the parliament passed the TRC bills on 26 April 2014. As provided by the TRC bill, a special court will be established to handle war-era cases, and the government attorney must file cases forwarded by TRC.⁴

The government appointed a committee on 16 June to recommend names of five officials for each commission. This process continued this year and therefore these commissions have not been formally established as of December.

1. (“Major parties forge agreement on TRC bills,” Kathmandu Post, April 8, 2014)
2. “TRC bill tabled,” Nepali Times, April 10, 2014
3. “Victims, rights advocates find fault with TRC bill,” Kathmandu Post, April 11, 2014.
4. “Parliament passes TRC bill,” Kathmandu Post, April 27, 2014.