March 24 marks the sixth International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims. The United Nations General Assembly (UNGA) proclaimed this day in 2010 to honour the memory of victims of gross and systematic human rights violations and recognise the work of countless human rights activists around the world who have devoted their lives to the pursuit of truth in the face of grave injustice. This week has a meaning for larger communities and nations to respect and commemorate the day, which provides an occasion to remind ourselves that all victims and their relatives have a ‘right to truth’ about the fate of loved ones who were disappeared, tortured, raped or killed during violent conflicts.

Anti-people’s club

In the context of Nepal, truth for victims has been systematically ignored and repressed since the end of the armed conflict a decade ago, particularly for the families of the disappeared. The post-conflict political settlement that allowed former Maoist rebels to join the government has produced an unholy alliance of political actors incentivised to hide the truth at all costs, leading to the entrenchment of a culture of impunity that would seek to absolve perpetrators of responsibility in the name of national progress were it not for various Supreme Court rulings. Nepal’s political transition turned its leaders into a corrupt and anti-people’s club and failed to transform communities in peace. For the families of the disappeared, the suffering continues as long as the many impacts of disappearance remain unaddressed. By trying to brush the dirt under the carpet by announcing a general amnesty and protecting those accused of war crimes, the state is rubbing salt in the wounds of the victims’ families. It is hard to imagine that the kidnappings, disappearances, extrajudicial killings, rapes and tortures will ever be thoroughly investigated.

Hundreds of disappeared citizens have been forgotten, and families continue to suffer far from public discussions and the mainstream national political agenda. The victims’ role in the transition, their key demands for truth, justice and livelihood and their psychosocial needs have been undermined. The question of truth and

justice is being compromised by the politics of crime. The perpetrator-led transitional justice process is not supportive of the victims of violence and has failed to address their needs. This is because the parties have set up transitional justice mechanisms as part of a political package deal, and failed to establish a victim-centred approach to justice. Such mechanisms will not address the root causes of the conflict, grave violations of human rights and politically motivated crimes such as rape, torture and enforced disappearances. Nepal’s transitional justice laws and the new Constitution have both failed to criminalise torture and enforced disappearance as a crime against humanity. Instead, state institutions have given protection to criminals and the state’s denial continues.

Culture of impunity

The right to truth is known as an ‘autonomous’ right. It also has the character of a ‘collective’ right, meaning it is also articulated as a society’s right to know the history of its own oppression. The last 20 years have been lost to conflict and post-conflict transition efforts, and the whereabouts of more than 1,400 citizens remain unknown, resulting in frustration and anger. Sadly, the fervour to know the truth is waning. Living with ambiguity, disappearance is one of the most devastating tragedies a family can ever suffer. As for the commemorative events, the human approach should be protected, and the victims’ rights must be guaranteed in order to effectively rebuild society.

This day makes us re-visit our violations of the recent past, struggle to search for the truth and fight against injustice. The transitional justice mechanism has itself been a lost step among the conflict victims’ community. A majority of the victims living in rural areas do not understand the commissions’ way of doing things where they are continuously ignored. The daily suffering of the victims grows without an ‘answer’ being provided and their needs being addressed. If the state-led transitional justice mechanisms move ahead as planned, the voices of the victims could be sidelined in favour of amnesty for the perpetrators and forced reconciliation. There is active collusion between the state security forces and the political heads to keep the truth buried. The coalition government and political gambling are not only protecting the criminals, they are also rewarding the alleged perpetrators and deepening the culture of impunity.

Not effective

The flawed Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014 may not find the historic truth without being amended, as it may recommend amnesty for serious crimes and will not address the pain of the victims of violence. The UN human rights body, the Office of the High Commissioner for Human Rights, has recently made public its position on Nepal’s transitional justice commissions. It said that both the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons may not contribute to the truth seeking and justice process if the act is not amended as the conflict victims’ common platform has expressed its distrust and disappointment at the way the two commissions have been functioning. Both the bodies have failed to create mutual trust among the primary stakeholders even though one year out of its two-year term has passed.

A shared truth and justice concerning the past can overcome a sense of victimisation and contribute to advancing peace and reconciliation efforts. It is time to appeal to all members of society, political parties and agencies to create common pressure to disclose the truth and respect the dignity of the victims without delay.

Bhandari is the general secretary of Conflict Victims Common Platform