Kathmandu, April 9: Saathi launched the research report titled “Transitional Justice in Nepal: Stumbling Blocks and Way Forward” today in Kathmandu.
The research recommends the prompt enactment of the TRC bill by parliament, either through consensus or regular voting. It urges top leaders of major political parties to issue public apologies for human rights violations during the armed conflict.
The study aimed at delving into the prolonged transitional justice process in Nepal, its impact on conflict victims, their participation in the process, and potential pathways to bring this process to a meaningful conclusion.
The research, conducted in collaboration with the Global Network of Women Peacebuilders (GNWP), sought to investigate the current impasse in Nepal’s transitional justice process amidst changing political, social, and economic landscapes. It aimed to assess the perceptions, realities, and expectations of conflict victims regarding Nepal’s overall transitional justice process while analyzing the linkages between transitional justice mechanisms and National Action Plans on women, peace, and security.
Viewing the Transitional Justice (TJ) process through a gender lens, the study examines the reflections, experiences, and life stories of conflict victims, with a particular emphasis on survivors of conflict-related sexual violence.
Additionally, it has gathered expert opinions and perspectives to explore strategies and possibilities for concluding the transitional justice process.
Stakeholders and conflict victims identified a lack of strong political commitment as a major hindrance to the transitional justice process. Insufficient mutual understanding and clarity about the course of action of TJ outlined in the Comprehensive Peace Agreement (CPA) and the need for legal frameworks to better align with constitutional principles, Supreme Court directives, and international standards were highlighted. The Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP) were noted to lack sufficient authority, human resources, and a clear course of action.
The research emphasized the importance of ensuring proper identification of genuine conflict victims and distributing government-recognized identity cards. It also stressed the necessity of guaranteeing interim relief and effective remedies for women and girls affected by conflict. Furthermore, the report highlighted the need to extend the three-month statutory limitation for filing cases related to conflict-related sexual violence (CRSV). Additionally, it recommended devising a clear, comprehensive, and credible transitional justice work plan with specific timelines based on commission mandates.
The unveiling took place in the presence of around 80 people including researchers, conflict victims, government officials, representative from different embassies, representatives of UN agencies, development partners, civil society members, media persons among other stakeholders involved in the transitional justice process.
Top Bahadur Magar, Chair of the National Human Rights Commission, was the chief guest at the report-launching programme, with Phanindra Gautam, Secretary of Law, Justice, and Parliamentary Affairs, attending as the special guest.
Devi Khadka, former minister and conflict victim, Dr. Danielle Meuwly, Ambassador, Switzerland to Nepal, Patricia Fernandez – Pacheco, Country Representative, UN Women, Nepal ManchalaJha, Former Member, Truth and Reconciliation Commission (TRC), Bandana Rana , UN CEDAW Committee member, Bishnu Raj Uprety, Former Executive Chairperson, Policy Research Institute (PRI) jointly unveiled the research book alongside the chief and special guest.
During the release event, Bandana Rana, Team Leader of the research, expressed hope that the findings of the study would prompt stakeholders to reflect on the obstacles and consider the recommendations. This, she believed, would aid in concluding the transitional justice process, creating a win-win situation for victims and state mechanisms and ultimately fostering sustainable peace in the country.
Saathi is a non-governmental organization established in 1992 to address the different forms of violence and discrimination faced by Nepali women and girls. It was the first organization that was instrumental in drawing significant national attention towards domestic violence in Nepal as an area requiring urgent attention and intervention to break the silence that impacts the lives of many marginalized women and girls.
It has persistently continued its crusade for creating a safe and violence-free society where women and children can live with respect and dignity. #nepal
