TRC must before constitution: UCPN (Maoist)

KATHMANDU, MAR 02 - The delay in formation of Truth and Reconciliation Commission ( TRC ), a transitional justice mechanism, is likely to emerge as a roadblock in constitution-writing as the UCPN (Maoist) , a key stakeholder of the 2006 Comprehensive Peace Agreement , plans to raise the issue as a pre-condition to debates on the contentious issues of new constitution.

Maoist leaders say the TRC is their top priority while negotiating with the government and other political parties in the CA and the party will gradually toughen its stance in parliament if the government delays the TRC bill. The Maoist party is also asking the international community to press the government and other parties to form the TRC without further delay to facilitate the constitution drafting process.

If the TRC is delayed, the Maoists fear, police will revive more war-era cases and their leaders and cadres could face arrests on the charges of human rights violations committed during the decade-long conflict. The party believes all the conflict-era cases should be dealt with by the TRC .

"In the last CA, other parties took integration and rehabilitation of Maoist combatants as a pre-condition to a deal on contentious issues of constitution. Now we will raise the TRC as a must for constitution-drafting," said a top leader close to UCPN (Maoist) Chairman Pushpa Kamal Dahal. In every parliament meeting since January 26, Maoist lawmakers have raised the issue of TRC and objected that war-era cases are being revived in several districts.

Maoist leaders lay out three components of the peace process--integration and rehabilitation of Maoist combatants, formation of transitional justice mechanisms and constitution promulgation--in order, which means only the TRC formation paves way for constitution promulgation.

"The integration of People's Liberation Army has already been over, so TRC formation and accomplishment of other vital tasks of the peace process are the top priorities of our party," said senior Maoist leader Narayan Kaji Shrestha, who briefed the party's position on TRC to the international community a couple of days ago. He urged the government to present the TRC bill to parliament at the earliest.

In March last year, political parties agreed to the TRC and the government recommended an ordinance to President Ram Baran Yadav. The head of state endorsed the ordinance but two weeks later, the Supreme Court (SC) halted the process saying that the law did not meet international standards while some provisions could grant amnesty to those involved in serious cases of rights violation.

Later, the SC gave a final verdict that separate commissions-- TRC and Commission on Enforced Disappearance--be formed to investigate conflict-era cases.

The parties agree in principle to form the commissions as soon as possible but the delay in government formation and some terms of the TRC have emerged as contentious issues.

Political analysts warn that this "overlooked" issue could hamper constitution-writing like the issue of PLA in the previous CA. They warn that any further delay in TRC formation could hamper the normal constitution-drafting course. "The TRC is likely to emerge as a vital issue in the constitution drafting process this time," said political analyst Krishna Khanal.

Khanal said the UCPN (Maoist) is likely to take a tough position on the TRC as they are in opposition. The Maoist party is pressing that the TRC should give an amnesty to all conflict-era crimes and human rights violations, which other parties are against. An agreement among the parties will not suffice as the TRC should meet international standards.

Observers say meeting international standards and addressing the concerns of the Maoist party are challenging.