Himal Press 
Photo Courtesy: Prime Minister's Office
KATHMANDU: Three major political parties have agreed to form a search committee to recommend officials for the transitional justice commissions.
A meeting of Prime Minister and CPN-UML Chairperson KP Sharma Oli, Nepali Congress (NC) President Sher Bahadur Deuba and CPN (Maoist Center) Chairperson Pushpa Kamal Dahal held at the Prime Minister’s Office on Monday reached an agreement to establish the search committee for appointments to the Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons.
Minister for Home Affairs, Ramesh Lekhak, said after the meeting that the search committee would be formed soon. Similarly, Agni Kharel, legal adviser to Prime Minister Oli, also said that the parties had agreed to move forward with the process of forming the search committee to recommend the chairpersons and members of the two commissions.
Maoist Centre leaders Shakti Basnet and Khimlal Devkota were also present in the meeting.
According to Kharel, the leaders followed the tradition of consensus-building among the three parties. Kharel added that the Prime Minister consulted with the other party leaders regarding the formation of the search committee as per Section 3(3) of the Truth and Reconciliation Commission Act, 2014. “The process will now move forward,” he added.
Stakeholders have urged the government and the political parties to include independent, experienced and expert individuals in the search committee. “We need concrete action and tangible results, not just repeated promises,” said Suman Adhikari, founding chairperson of the Conflict Victims Common Platform. “Political leaders have a tendency to say one thing and do another. This must stop. The search committee must be formed immediately with independent and competent leadership.”
Adhikari also expressed concerns that the new committee might simply continue the legacy of the previous one. “There are doubts that despite being called ‘new’, it will just be a continuation of the old system,” he added.
Human rights activist Charan Prasai echoed the need for an impartial selection process, stating that the committee should prioritize competence and independence over political loyalty. “If the parties once again select their loyalists and pressure the commissions to appoint their preferred candidates, the process will drag on indefinitely,” he warned.
Prasai stressed that only a credible selection process could ensure the independence of the two commissions. “The search committee must include experts who can make independent decisions. It should also incorporate representatives from civil society who truly understand the voices of conflict victims,” he said.
The decision to form a new search committee comes after the failure of the previous committee chaired by Om Prakash Mishra. That committee, formed on October 19, had received applications and conducted interviews for appointment to the two commissions. However, it was unable to finalize its recommendations within the two-month deadline.
The committee had shortlisted 40 candidates for the two commissions. Conflict victims had raised concerns at that time over the lack of transparency in the selection process.
The committee’s work remains incomplete as it could only recommend nine names for 10 positions.
Conflict victims say they fear the new committee might move forward with the same nine names. “That is unacceptable to us,” said Adhikari.
Many individuals remain missing in the armed conflict between 1996 and 2006. Their families have been waiting for justice for over two decades. Those responsible for serious human rights violations, however, have not been held accountable.
Clause 5.2.3 of the Comprehensive Peace Accord, signed between the government and the then-rebel Maoists on November 21, 2006, committed to revealing the names and details of those who were disappeared or killed within 60 days. The agreement also promised to establish a high-level Truth and Reconciliation Commission to investigate serious human rights violations and crimes against humanity within six months. However, the commissions were only formed in 2015. They have since been reconstituted twice (in 2015 and 2019) through opaque political deals prioritizing party interests over expert selection. However, the two commissions have failed to resolve even a single conflict-era case or recommend justice and reparations for victims.
Following pressure from victims, civil society and international bodies, as well as a Supreme Court order, the government amended the transitional justice law. The House of Representatives passed the amendment bill in July 2023. Based on the new law, the latest search committee was formed in October 2023.
Since the former Maoist party—now a key political player—was a leading force in the insurgency, some victims believe it has deliberately delayed the transitional justice process to avoid accountability. Critics argue that the party has been reluctant to bring perpetrators to justice because many of its leaders and cadres were involved in human rights violations during the conflict.
