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Extension of the deadline for applying to transitional justice commissions
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Extension of the deadline for applying to transitional justice commissions

The deadline to apply for positions on the two transitional justice commissions has been extended by five days, even as more than six dozen people have already expressed interest in serving on the commissions tasked with examining cases of rights violations and disappearances during times of conflict.

A total of 76 lawyers and rights activists, including victims of the decade-long Maoist insurgency, applied for positions as chairpersons and members of the Truth and Reconciliation Commission and the Commission of Inquiry on Missing Persons forced, while the first deadline ended on Thursday. evening. However, following the request of stakeholders, the committee responsible for appointing 10 members of the office decided to extend the deadline for submitting applications until Tuesday.

In a statement Thursday, a group of human rights advocates raised questions about the competitiveness and transparency of the nomination process carried out with insufficient time to submit applications and limited publicity of the call for applications. Victims’ representatives, during a meeting with the selection committee on Thursday, suggested an extension of the deadline. The committee headed by former chief justice Om Prakash Mishra complied.

“We extended the deadline by five days while deciding to call for applications through national television, radio and newspapers,” committee member Khamma Khati told the Post.

According to officials at the Ministry of Law, Justice and Parliamentary Affairs, in addition to victims of the conflict, retired judges and bureaucrats, lawyers and human rights activists applied for the vacant positions. “Former officials from both commissions are also among the candidates,” a ministry official told The Post.

It is the first time victims of the state or former Maoist rebels are vying for leadership of commissions set up to investigate cases of atrocities committed during the decade-long insurgency.

Retired judges of the Supreme Court and High Court, retired secretary-level bureaucrats or anyone qualified to become a judge of the highest court are eligible to serve as president of either commissions, in accordance with the Law on Investigation of Enforced Disappearances and the Truth and Reconciliation Commission. Those who hold a master’s degree, are not members of any political party at the time of application and have contributed to human rights, conflict resolution or law are eligible for nomination as members.

The selection committee has established three application methods. Although individual candidates can apply directly for any of the positions, different human rights and victims’ organizations can also recommend the names at the organizational level. However, these institutions need the consent of the people they recommend. Seventy-one candidates applied individually or were recommended by certain organizations.

After collecting the names of the candidates, the five-member committee will itself collect the names of the experts if the names received through personal applications and organizational recommendations are not enough. The provision of organizational and selection recommendations by the committee itself was included, as renowned figures might not be willing to apply for positions on the commissions.

A shortlist of likely candidates will only be made public after evaluation of their curriculum vitae and background. Interested persons can send their comments on the shortlisted candidates.

In accordance with its working procedure, the committee will collect public comments, ask candidates to make presentations and perform other necessary tasks before selecting them for nomination.

Stakeholders say, however, that presentations and public comments alone are not enough. Victims of the 1996-2006 conflict and human rights activists have demanded mandatory public hearings for shortlisted candidates before making appointments.

The two commissions have been defunct since July 2022, when the government extended their mandate without retaining their presidents and members. The government claimed that the bill to amend the transitional justice law would be approved by October 2022 and that appointments would be made based on the revised law.

However, it took more than two years for the Federal Parliament to approve the bill. Victims and human rights defenders are now closely monitoring the names of commission members.

The amended law sets a four-year mandate for the two transitional justice commissions to investigate cases and recommend prosecutions and reparations. However, if they fail to complete their tasks within the stipulated time, they may be granted an extension of their mandate.

The truth commission received 63,718 complaints, while the commission on disappearances is examining around 2,400 cases. Given that the recent change in the law includes a provision for an additional three months to collect applications, this number will increase further.

The commissions, first established in 2015, have only collected complaints and conducted preliminary investigations into certain cases. The commissions that will be created will be the third created in a decade.