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Transitional justice is a priority theme of FOHRID's working area. Overall goal of this theme is To establish culture of peace through conflict resolution and promoting reconciliation for sustaining peace initiative and enabling victims to claim and express their rights through transitional justice mechanism. It is necessary to carry out documentation of the violations of human rights and humanitarian law during armed conflict, including cases of disappearance; work for dealing with the past and build public consensus on prosecution for serious human rights violations; identify actual needs of the victims, build their capacity and promote reconciliation engaging victims and non-state actors; push for a national policy on reparation and reconciliation; and advocacy for establishing credible transitional justice mechanisms, such as TRC and Commission on Disappearance to attain these goals. FOHRID has been implementing its activities focusing on the issues of vetting process and reparation model. Nepal is going through peace process in the post conflict period. Under such circumstances, it is not possible to institutionalize democracy and sustainable peace without transitional justice mechanism.
The parties to conflict have agreed in the Comprehensive Peace Accord (CPA) to establish transitional justice mechanism such as TRC and Commission of inquiry on Disappearance. Establishing transitional justice institutions, consistent with international standards, would be a crucial step towards dealing with conflict related violence. An ordinance setting framework for the establishment of a Commission of Inquiry on Disappearance was passed in February 2009. The ordinance has serious flaws in its provisions that hinder effective criminalization of disappearance, and independent functioning of the Commission. The Ministry for Peace and Reconstruction needs to conduct intensive public consultation to make it perfect. The two commissions must be established with strong and independent mandates and support their ability to function free from interference.
The components including identify issue of victims, organize victims' groups, media mobilization, and publication / dissemination are being conducted under this activity. To work in this issue, ActionAid Nepal provided funding and technical cooperation was arranged from the OHCHR and ICJ.
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