The Path to Victim-Centric Transitional Justice in Nepal: PBI UK's Exclusive Reception and Report Launch Event

PBI UK recently had the privilege of hosting an exclusive reception and report launch event at the prestigious Doughty Street Chambers, marking the unveiling of the Independent Delegation of International Lawyers to Nepal’s report. The event shed light on the recently passed Transitional Justice Law in Nepal, addressing the flaws in the law such as: questions around the ability to hold perpetrators fully to account; the lack of a victim-centred approach to transitional justice, putting historically marginalised groups front and centre, and; the ability of the law to meet international standards, particularly in the area of accountability for serious crimes, such as war crimes and crimes against humanity. The event offered a unique opportunity for people to come together, both online and in person, allowing a wide range of individuals from donors and embassies to Nepali human rights defenders and mental health professionals to engage with these critical issues and join the conversation.

The panel: Camila Zapata Besso, Dr. Mandira Sharma, Lisha Dangol (interpreter), Gita Rasaili, Haydée Dijkstal (from left to right).

Hearing From Human Rights Defenders Themselves

One of the event's most significant highlights was the opportunity to hear from prominent Nepali lawyer and woman human rights defender, Dr. Mandira Sharma, and Dalit woman human rights defender, Gita Rasaili. Both Mandira and Gita receive protective accompaniment from PBI. Mandira is the Co-founder of Advocacy Forum, Nepal’s trail blazing organisation of human rights lawyers that pioneered transitional justice cases in the context of the civil war in Nepal, and she is also currently the Senior International Legal Adviser at the ICJ. Gita is the Vice-Chairperson at the Women Conflict Victims National Network (CVWN). She has been fighting for justice for victims of the conflict in Nepal for over 20 years. Both these women, who have been at the forefront of the fight for transitional justice in Nepal, have been subjected to intimidation, stigmatisation and threats for their tireless work defending fundamental rights.

During the event, they were able to share their insights on how the path to transitional justice thus far in Nepal has failed to fully address victims’ access to justice, truth and reparations in relation to human rights violations they and their families suffered during Nepal’s civil war. They also detailed how despite the documentation of thousands of cases of human rights abuses, not one case has been brought to justice. However, the newly introduced Transitional Justice Bill presents a new opportunity to bring about transitional justice in Nepal, and was described by Mandira as “an opportunity for us to improve the rule of law in Nepal.”

We heard a powerful testimony from Gita Rasaili. Gita’s sister, Reena Rasaili, was tortured and killed by the Nepali army during the conflict. The murder of her sister was the trigger for Gita to join the fight for justice. She implored that victims do not only need reparations, but they also need justice and truth in relation to the human rights abuses they have suffered.

The Report Unveiled

The heart of the event was the release of the Independent Delegation of International Lawyers to Nepal report, titled "Peace without Justice and Accountability? - A caution against impunity in post-conflict Nepal”. The report came into genesis after an Independent Delegation of International Lawyers travelled to Kathmandu, Nepalgunj, Bardiya and Janakpur in Nepal in March 2024, to meet victims of human rights violations committed during and since the conflict, members of the judiciary, civil society organisations, local and national government, diplomats, journalists and UN representatives, to assess the rule of law and access to justice. The report serves as an opportunity for the Nepali state to finally provide accountability, truth, justice and comprehensive reparations to victims of the country’s decade-long armed conflict, which was echoed during the event by Doughty Street barristers Aswini Weereratne KC and Camila Zapata Besso, and 33 Bedford Row barrister Haydée Dijkstal, in addition to PBI UK Director, Ben Leather.

The report's contents sparked critical conversations during the event about the essential role of the international community and how the issues discussed are not confined to Nepal alone. As a long-standing partner of Nepal and a nation with a proud history of promoting democracy and human rights, the UK has both a responsibility and an opportunity to support Nepal in fulfilling its transitional justice goals. The UK’s legal expertise in transitional justice processes, as demonstrated in other post-conflict settings like Northern Ireland, could help Nepal design robust accountability frameworks that balance restorative and retributive justice.

Call to Action!

The release of the Independent Delegation of International Lawyers to Nepal report represents a pivotal moment in the ongoing struggle for transitional justice in Nepal, that puts the needs of victims first. It also highlights the shrinking of civic space in Nepal, and calls for protection of human rights defenders.

As attendees / readers, we are not just observers, but active participants in advocating for justice and human rights, and we still have a role to play in raising awareness, advocating for change and standing in solidarity with human rights defenders and victims’ groups in Nepal and across the world. It is evident that the issues discussed at this event are not isolated. They have a global dimension that calls for our collective action and commitment.

The event opens the floor to questions from the audience, both online and in-person

If the event (or this article) got you fired up, here are some easy ways that you can help:

  1. Take 10 minutes to write to your MP and ask them what they are doing to ensure the UK government supports human right defenders, and to ensure a victim-centred approach to transitional justice in Nepal. You can find your local MP here and use our handy email template here (downloads from your browser automatically).   

  2. You can also sign up for our quarterly newsletter to learn about additional opportunities to support threatened human rights defenders in Nepal and globally.

  3. Lastly, please help us continue to support Mandira, Gita and other brave human rights defenders by donating to PBI UK today.

We would like to extend our gratitude, once again, for being a part of such a pivotal event!

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In Conversation with Gita Rasaili

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International legal experts: Accountability gap for civil war crimes in Nepal must be closed now to ensure future peace and justice