The two transitional justice mechanisms set up to settle the conflict-era cases are in dire straits.

The Truth and Reconciliation Commission (TRC) and the Commission of Inquiry on Enforced Disappeared Persons (CIEDP) are in such state because they are without the legislations that they direly need even when their term is nearing completion. The two-year term of both these bodies is drawing to a close on February 9.

However, there is the legal provision which states that the term of the commissions could be extended by one more year if the commissions are not able to complete their responsibilities in two years. The Ministry of Peace and Reconstruction can take recourse to this legal provision and extend the term of these commissions.

But the term extension is also not going to be of much help as the two commissions are hamstrung due to lack of the required Acts. This has delayed the justice to the conflict survivors and the commissions have not been able to carry out their works effectively.

"We have written to the Ministry of Peace and Reconstruction on January 25 seeking an extension of the term as the work related to preparing the final report is yet to be completed, although we have completed collecting complaints," CIEDP spokesman Dr Bishnu Pathak said.

He shared that CIEDP is facing problem as the Act has not been amended to facilitate the investigation into enforced disappeared persons which is said to start from mid-February.

"We submitted the draft of the amendment to the Criminal Code last year but it has not yet been finalised. This has created difficulties in conducting investigation and providing temporary relief to the victims," he said.

The CIEDP has received 2,888 complaints. The victims are desperately waiting to know the status of their dear ones and for relief. But the Commission has not been able to speed up its works due to the delay from the government side in giving the required legislation.

The TRC is facing the same dilemma as the CIEDP. The TRC has so far received 58,052 complaints related to excesses committed during the conflict period by the state side and the then Maoist rebel side.

TRC has not been able to carry ahead its works after the collection of complaints to the desired extent due to the lack of human resources and the necessary legislations. It has not been able to carry out its works as per its plan of carrying out investigations by opening up offices in all the seven provinces.

The TRC, like the CIEDP, is preparing to write to the Ministry of Peace and Reconstruction seeking a term extension.

"We are going to send a letter to the Ministry seeking an extension of the term of the TRC as the investigation process on the complaints has not yet been completed. It is difficult to carry out additional work as the TRC Act has not yet been amended," TRC member Manchala Jha said.

The TRC is faced with lack of legislation for addressing legal problems like not granting general amnesty on cases related to serious violation of human rights. RSS