Judul : Coalition of victims' and civil society groups calls for credible TJ in Nepal's UPR submission
link : Coalition of victims' and civil society groups calls for credible TJ in Nepal's UPR submission
Coalition of victims' and civil society groups calls for credible TJ in Nepal's UPR submission
Nepal, July 18 -- A broad coalition of 47 Nepali victims' organisations and 26 civil society organisations (CSOs), coordinated by Advocacy Forum Nepal, has submitted a joint report to the United Nations Human Rights Council (UNHRC) for the 51st session of the Universal Periodic Review (UPR) of Nepal.Focusing specifically on transitional justice (TJ), the submission highlights serious concerns regarding the legitimacy, transparency and victim-inclusiveness of Nepal's ongoing TJ process.
The coalition's submission comes at a time when hopes were raised following the passage of the Third Amendment to the Truth and Reconciliation Commission (TRC) Act in August 2024. However, those hopes were soon dashed as the process of appointing commissioners to the TRC and the Commission on the Investigation of Enforced Disappeared Persons (CIEDP), according to a section of victims' groups, was marred by political interference, opacity and disregard for merit-based selection. The report describes how these appointments were carried out through traditional power-sharing arrangements between major political parties, severely compromising the independence and credibility of both commissions.
Despite the registration of more than 63,000 complaints with the TRC and over 3,200 with the CIEDP, the commissions have failed to resolve a single case. This continued failure, nearly two decades after the end of Nepal's conflict, has left survivors struggling with physical and psychological trauma while being denied truth, justice, and reparations.
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The submission also critiques several gaps and inconsistencies in the amended TRC Act. While the law introduced some improvements, such as the creation of specialised units within the commissions and a provision for reparations through a Truth and Reconciliation Fund, it falls short in key areas. The Act does not adequately define or criminalise war crimes and crimes against humanity, and its distinction between "human rights violations" and "serious human rights violations" creates legal loopholes that could enable perpetrators of grave crimes to receive amnesty or reduced sentences. Moreover, the Act allows discretionary amnesties based on vague criteria like apologies or promises not to repeat the offence, potentially offering immunity to individuals responsible for torture, enforced disappearance, and other serious abuses.
Victims' and civil society groups also raised alarm over the exclusion of survivors-especially women, conflict-related sexual violence (CRSV) survivors, Dalit, Madhesi, Janajati, LGBTQ+ communities, persons with disabilities, and rural populations-from meaningful participation in the TJ process. They noted that complaint procedures remain unsafe and stigmatising, particularly for CRSV victims, and that many survivors have faced intimidation, surveillance, and social ostracism. Victims' representatives nominated several qualified individuals to the TJ bodies, but these nominees were disregarded without explanation, further deepening mistrust in the process.
In protest against the government's failure to ensure a victim-centred approach, many victims' organisations have publicly threatened to withdraw their cooperation with the official TJ process and are instead exploring the formation of parallel civil commissions. This collective response-unified across Nepal's often fragmented victim communities-marks a pivotal moment in the country's long-stalled pursuit of transitional justice.
In their submission, the coalition urges the Government of Nepal to undertake sweeping reforms. These include overhauling the appointment process for commissioners to ensure it is transparent, inclusive and merit-based, and amending the TRC Act to bring it fully in line with international human rights law and Supreme Court rulings. They also call for the elimination of legal provisions that allow for de facto or disguised amnesties, the adoption of a genuinely gender-sensitive and disability-inclusive framework, the implementation of robust witness protection and psychosocial support systems, and the creation of a high-level, multi-party oversight mechanism to depoliticise future TJ appointments and processes.
The coalition warns that unless these issues are addressed with urgency and sincerity, Nepal risks further entrenching impunity, deepening public distrust, and squandering a critical opportunity to achieve lasting peace and reconciliation. The groups call on the international community and UPR Member States to press Nepal to meet its international obligations and previous UPR commitments. They stress that ensuring a victim-centred, independent and transparent transitional justice process is essential not only for accountability but also for restoring the dignity of those most affected by the conflict.
Published by HT Digital Content Services with permission from Republica.
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