Towards justice in Nepal
During Nepal’s 1996-2006 civil war, more than 17,000 people were killed, thousands were forcibly disappeared, and hundreds of thousands were displaced. The country is now at a critical juncture in the struggle for transitional justice.
Inequalities, elitism, and embedded discrimination against marginalised communities were key drivers in the ten years of protracted, bitter conflict that saw both Maoist insurgents and government forces commit human rights and humanitarian law violations including extrajudicial execution, torture, displacement, arbitrary arrests and detention.
The spring of 2006 saw mass mobilisations that triggered the end of royal privileges, the declaration of secularity, a ceasefire, and the signing of the Comprehensive Peace Accord. The Comprehensive Peace Accord marked the official end of the violence, and promised a complete restructuring of the state “in an inclusive, democratic and forward looking manner”.
Though significant positive socio-political changes have been seen in Nepal in the 16 years since, political violence, injustice, poverty, inequality and economic and energy crises remain concerns. Efforts to build inclusive peace have been slow, with broken promises sparking protests and episodic violence, while victims and families are still awaiting answers to questions of justice, truth, and reparations. Human rights defenders and organisations report that government inaction on human rights violations, and a lack of transparency in how key commissioners at the Truth and Reconciliation Commission (TRC) and the Commission on the Investigation of Enforced Disappearances (CIEDP) are appointed, are limiting access to justice.
The Transitional Justice Bill
The transitional justice process has been stalled since 2015 when the Supreme Court ruled that, by empowering the transitional justice commissions to grant amnesties to perpetrators of serious human rights violations, the legal framework governing the transitional justice process failed to meet domestic and international legal obligations. Despite years of criticism from the United Nations and human rights organisations around the world, little movement was seen until the beginning of this year, when the government restarted consultations with victims of conflict and human rights defenders.
The resulting draft amendments to the Transitional Justice Bill were tabled on Tuesday 23th August, and will be presented on Sunday 28th August. Victims and defenders have raised concerns that, though the draft bill removes some of the previous amnesty provisions, some remain. The draft also introduces new limitations on the right to appeal which would once again block attempts for remedies or justice.
With elections coming up on 20th November, Parliament will likely only meet for another three weeks, leaving little time to discuss the bill in parliamentary committees or suggest improvements before its approval.
PBI will be continuing to monitor the Transitional Justice Bill over the next weeks, in the hope that the voices of victims are heard, and their concerns addressed, so that justice can finally be realised.
“Victims and their families who have waited anxiously for amendments to the law, hoping that their demands for truth and justice will be met, are disappointed… Despite the promise of reform, this bill, if implemented as it stands today, would shield many perpetrators from being brought to justice.”
PBI in Nepal
PBI opened its Nepal Project in 2006, protecting human rights defenders at risk and launching NepalMonitor.org, a tool for the protection of human rights defenders that maps and forwards human rights and security reports to human rights defenders located close to where the incidents happen, as well as allowing them to submit reports through e-mail and text message.
Following a strategic review in 2012, involving extensive consultations with human rights defenders and the international community in Nepal, we saw a need to adapt our work in the country in order to remain as relevant and useful as possible. The emphasis on protection had moved towards security and risk assessment training, capacity building and high-level advocacy. We closed our field office and handed over NepalMonitor.org to the Collective Campaign for Peace (COCAP). As part of our ongoing commitment to supporting Nepali human rights defenders and raising awareness about their work, we continue to work with COCAP, Advocacy Forum, and other defenders on international advocacy, security support, risk assessments for defenders at risk, as well as peer learning and grassroots empowerment for women human rights rights defenders.
