This brief presentation gives an overview of transitional justice in Nepal.

1. Transitional Justice Process in
Nepal: Civil Society Perspective
July 2017
By
Shiva Bisangkhe, DFHRI
Som Niroula, ASD

2. Background
•1996 February 13: CPN Maoists waged an armed
conflict
•Wide-spread violation of human rights (extra
judicial killing, enforced disappearance, torture,
rape, etc.)
•13,344 people killed; 1,300 disappeared; 1,157
disabled
•About 200,000 people were internally displaced

3. Basis of Transitional Justice
•Maoists armed conflict ended on 21 Nov. 2006
following the Comprehensive Peace Agreement
(CPA) between Government and the Maoists
• CPA 5.2.3: Both sides agree to make public within
60 days of the agreement the full name and
address of the people who ‘disappeared’ or were
killed during the conflict, and convey such details
to the family members.

4. •CPA 7.1.3: Both sides guarantee not to encourage
impunity and ensure victims' right to relief.
•CPA 8.4: Both sides express their commitments to
constitute Truth and Reconciliation Commission
(TRC) for the implementation of this Agreement.
•Interim Constitution, 2007 (Article 33 S): "To
constitute a high-level TRC to investigate the facts
regarding grave violation of human rights and
crimes against humanity committed during the
course of conflict, and create an atmosphere of
reconciliation in the society."

5. Course of the TJ Process
•June 28, 2007 - Government made public a draft
bill on TRC
•The bill aimed to give amnesty to the human
rights violators. Section 24 of the Bill stated that
the Commission would recommend amnesty for
those who are found responsible for HR
violation or crime against humanity in course of
achieving political goals or in the line of official
duty.

6. •Human rights community and victims groups
criticized the bill for being it against the
international HR standards, and submitted
recommendations for improvement.
•In 2010, with some improvements in the previous
bill, the government tabled two separate bills on
TRC and Disappearance Commission in the
Parliament. But, the government later withdrew
the bills before they get passed by the Parliament.

7. •On 27 August 2012, the government submitted an
Ordinance on Investigation of Disappeared
Persons, Truth and Reconciliation Commission to
President for approval. It devised a single
Commission and gave it authority to grant an
amnesty for wrongdoers even of serious crimes.
•The President approved the ordinance on 14
March 2013.
•HR activists and victims groups heavily criticized
the Ordinance and demanded for its
improvement.

8. •On 24 March 2013, a writ petition filed at the
Supreme Court requesting to rescind the
Ordinance
•On 2 January 2014, the SC gave its verdict -
no amnesties for gross violations; two separate
commissions on TRC and Enforced
Disappearance; no forced reconciliation between
perpetrators and victims; no statutory limitation
to serious crimes; reparation to the victims

9. •On 9 April 2014, a Bill on Enforced Disappearance
and TRC Commissions tabled by the government in
the Parliament. The bill was similar to the previous
Ordinance.
• On 11 April, recommendations submitted by the
victims and HR activists on different provisions of
the Bill.
•HR Commission of Nepal and OHCHR also
suggested to enact TJ law as per International HR
laws and SC verdict.

10. •On 24 April 2014, demonstration by the victims
and the HR activists in front of the Singha Durbar
(main gate of ministries)
•On 25 April, the Bill passed by the Parliament
•On 4 May 2014, The Bill became an Act following
the President's approval

11. •On 6 May 2014, a press statement issued by the
victims groups and HR activists demanding for
immediate amendment to the Act
•Also stated they would not cooperate with the
transitional justice process if the Act is not
amended.
•On 3 June, a writ petition filed at the SC by 234
victims to rescind provisions of the Act that were
contradictory to the Interim Constitution, SC
verdict and International HR laws.

12. On 16 January 2015, the AWC released a press
statement demanding the following:
• Cancellation of provisions in the TJ Act that would allow amnesty to
perpetrators of grave HR violations.
• Before the establishment of the TJ mechanisms, to enact legislation on
enforced disappearances, torture, crimes against humanity, war crimes, and
to amend the 35-day statutory limitation on rape case.
• Participation of victims and HR community in the process of establishing the
commissions.
• Public hearing and effective 'vetting' for the selection of commissioners.
• Keeping the selection procedures completely free of political interference.
• Not to proceed with commissioners selection process while the writ petition
about the commissions' validity is sub judice at the SC.
• Pay heed to the concerns of the victims, given that the success of the TJ
process requires the full confidence of the victim community.

13. •On 10 February 2015, two commissions
Commission on Enforced Disappearance and TRC
established despite criticism and protests by the
HR activists and the conflict victims.
•On 26 February, the SC gave its verdict on the
petition filed by 234 victims - the verdict curtailed
the discretionary power of the commissions to
grant amnesty and made the victims’ consent
mandatory on reconciliation and amnesty process.

14. Where we are now
•The TJ Act has not been amended as per the SC
verdicts, recommendations of victims and HR
activists, and international HR laws
•Lack of foundation laws
•The commissions have received over 60,000
complaints
•They have just 6 months remaining of their
extended term but no tangible output

15. Some of the achievements
•Strong coordination and cooperation between
human rights civil society (human rights
organizations) and victims
•Victims have been united and empowered
•Most of the incidents of grave violation of
human rights have been documented
•Landmark decisions of the Supreme Court
•Interim relief to the victims

16. •Torture control bill tabled in the Parliament
•Submission of TJ Act amendment proposal
•Internationalization of HR violation cases
•Political leaders are compelled to refrain from
granting amnesty

17. Challenges
•The victims are being tired of fighting for justice
for such a long time.
•Trust gap between victims and TJ mechanisms
over the latter's independence and competence
•Political parties have no will-power to address TJ
issues as per the international standards.
•No criminalization of acts of torture, enforced
disappearance, crime against humanity and
humanitarian laws.

18. •Lack of coordination between the NHRC and the TJ
commissions
•Investigation into the complaints received from
the victims in a significant number
•Dearth of financial and competent human
resources in the commissions.
•Poor implementation of court decisions / NHRI
decisions
• Gender discrimination in providing reparation and
documentation and justice of sexual violence cases

19. Civil society's stand
•Support to settle the TJ process as per the
international standards.
•Transparent and participatory TJ process
•No amnesty to those involved in grave violation of
human rights
•Due reparation to the victims
•Reconciliation with informed consent of the victims
•Institutional reform and guarantee of non-recurrence
of violence

20. Thanks