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Nepal鈥檚 revamped truth commissions will need to go beyond 鈥榬itualism鈥� to deliver justice to civil war听victims

Nepal鈥檚 attempt to deliver justice and accountability following the country鈥檚听听froze more than two years ago with little progress鈥攂ut a recent development has raised hopes that it could soon be revived and revamped.

In August 2024, the country鈥檚听听that sets the stage for appointing a third 鈥攁nd hopefully final鈥攔ound of truth commissions to carry out investigations into the听听that have been collecting dust since the last commissions ended in July 2022.

The two main bodies involved鈥攖he听听and the听鈥攚ere created by Nepal鈥檚 government in 2015 to deal with crimes that were committed during Nepal鈥檚 conflict, commonly听.鈥�

In 1996, Maoist rebels began an insurgency against the Nepali government in western Nepal that escalated into a 10-year civil war across the country. According to听, the conflict resulted in the deaths of 13,000, with 1,300 people still missing and an unknown number of torture and conflict-related sexual violence victims.

The People鈥檚 War ended with the signing of the听听that, among other obligations, required the Nepal government to create a high-level truth commission.

To date, the commissions have completed two rounds. The first, which collected the majority of the victim cases, began with a two-year mandate in 2015 that the government extended by an additional year three times. The second round, mandated from 2020 to 2022, was shut down for months due to COVID-19.

The commissions were tasked with three main objectives: to reveal the truth about gross human rights violations; to create an environment of peace, trust and reconciliation; and to make legal recommendations for victim reparations and perpetrators from the conflict.

However, despite seven years of work, little progress toward any of these objectives has been made. No case investigations have been completed, no perpetrators have been held accountable, and no victim reparations have been distributed. Reconciliation in a country that still bears the scars of conflict remains a distant thought.

From 2022 to 2023, I conducted research in Nepal about the country鈥檚 transitional justice process. During my research, I heard people refer to Nepal鈥檚 prolonged process as 鈥渁 judicial merry-go-round,鈥� 鈥淕roundhog Day鈥� and 鈥�.鈥�

Many Nepali people I spoke to believe that the government has strategically prolonged the transitional justice process to avoid accountability, hoping that people will eventually tire of the process and forget. Indeed, a heavy cloud of hopelessness and frustration had settled over the commissions as legal and resource limitations and political biases plagued the first two rounds, severely slowing progress and impairing the commissions鈥� functionality and local trust.

Justice 鈥榓djourned鈥�

In 2022, I interviewed a conflict victim in the rolling hills of Rolpa, in the country鈥檚 west, where听. She had submitted her case to the Truth and Reconciliation Commission seven years before but had heard nothing since. 鈥淚n a way, our complaints are in adjournment,鈥� she said. 鈥淭hey have not ended, yet they are not being forwarded either.鈥�

She was one of approximately听听who officially submitted a case of conflict-related sexual violence to the TRC.

However, a former truth commissioner told me that this number may be as high as 1,000 because some victims of sexual violence submitted their case as 鈥渢orture鈥� to distance themselves from the stigma and shame often associated with sexual violence in Nepal.

I also met leaders at several women鈥檚 organizations who have documented thousands of cases of conflict-related sexual violence in Nepal, but they have not yet submitted these cases to the TRC due to ongoing concerns of confidentiality and trust.

The lack of progress by Nepal鈥檚 truth commissions suggests that they are being used to carry out what I refer to as 鈥渢ransitional justice ritualism鈥濃�攖he act of a state creating hollow institutions designed without the support to produce actual consequences.

As part of this transitional justice ritualism, I believe that Nepal鈥檚 post-conflict coalition government has, up to this point, been using the truth commissions as a political tool to show the international community that it is upholding its obligations under the听听and to avoid听鈥攖hat is, the international legal principal that allows other nations to prosecute individuals for serious human rights violations regardless of where the crimes took place.

The threat of universal jurisdiction has been a particular concern for alleged perpetrators in Nepal since 2013 when Colonel Kumar Lama, a former Royal Nepal Army commander during Nepal鈥檚 conflict, was apprehended in the United Kingdom on charges of torture and war crimes. While Lama was听, the threat of universal jurisdiction for war crimes perpetrators in Nepal听听for those in positions of power during the civil war.

A contested step forward

But a听听and the passing of the new law, which amended the听, mark an opportunity for the government to move beyond transitional justice lip service.

Under the amended law, a third round of appointed commissioners will operate for a period of four years 鈥� hopefully enough time to complete their unaccomplished mandates. A government committee is听听new truth commissioners before the country鈥檚 major holiday Dashain in October 2024. The amended act also provides for creating specialized subunits within the TRC鈥攃oncerning truth-seeking and investigations, reparations, sexual violence and rape, and victims coordination鈥攖hat could potentially improve the streamlining of resources and move some of these stalled parts of the commissions forward.

Nonetheless, hope has been tempered by apprehension and uncertainty. Some听, while听听provisions they argue could undermine justice, especially by protecting perpetrators with decreased sentencing.

听have recognized positive and long-awaited amendments to the existing law, but also warn of serious accountability gaps that could undermine the transitional justice process.

U.N. Human Rights Chief Volker T眉rk听听revised law was 鈥渁n important step forward鈥� but added: 鈥淚t is imperative that the legislation is interpreted and implemented in a manner that upholds victims鈥� rights, including to truth, justice and reparations, and that guarantees accountability in full compliance with international human rights standards.鈥�

Potential for international support

Although it seems the transitional justice process will still be Nepali-led, doors may be opening for international support in the form of financial or technical assistance鈥攎arking a significant shift in the process.

罢丑别听鈥� to finance the investigations process and victim reparations that will be supported by the Nepali government and is open to contributions from other national and international organizations.

Sushil Pyakurel, a former member of Nepal鈥檚 National Human Rights Commission, is among a group of human rights defenders, lawyers and victims establishing a civil monitoring committee to serve as a watchdog for the revived process. Pyakurel stressed the need for Nepali civil society, alongside the international community, to pressure the government to fulfill its promises of a victim-centric implementation.

鈥淵ou can make whatever law you want, but it is how you implement it that really matters,鈥� Pyakurel told me. 鈥淎lthough the law is different, if the mentality remains the same, then nothing will change.鈥�

The revival of Nepal鈥檚 truth commissions provides the government a chance to demonstrate a commitment to a transparent and legitimate process. But I believe it must move beyond the transitional justice ritualism of the previous two commissions to actually provide justice and acknowledgment for the country鈥檚 civil war victims.

Top image:听A Nepali听man looks at photographs of people 'disappeared' during Nepal's civil war in Kathmandu Aug.听30, 2017. (Photo:听Niranjan Shrestha/AP Photo)

Tracy Fehr is a PhD student in the听Department of Sociology听at the听.

This article is republished from听听under a Creative Commons license. Read the听.

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