• 01-5905791
  • Kupondole, Lalitpur -1

Transitional Justice

Nepal ended decade long Maoist armed-conflict in 2006 by signing the Comprehensive Peace Agreement (CPA) that envisioned promulgating new constitution from popularly elected Constituent Assembly, integration of Maoist combatants into the security forces, management of arms, and justice to war era victims. Having completed major tasks of the CPA like the constitution writing, and management of arms and armies, significant steps to implement its provisions on Transitional Justice (TJ) have been taken over the years, including the establishment of two commissions in 2015. However, Nepal’s TJ process has so far been paralyzed by the absence of political leadership. Relevant laws have failed to match international standards. As victims wait for justice; social and economic discrimination, which were the root causes of the conflict, remain largely unaddressed and impunity prevails.

Though Government of Nepal has established two commissions namely Truth and Justice Reconciliation Commission and Commission for Investigation into Enforced Disappeared Persons, both of these commissions have not been able to perform well due to political and other reasons. In the area of transitional justice there are many things left to be done and these are: truth seeking, providing justice, prosecution of the culprit who committed serious crime, reconciliation and reparation to the victims.

In line to this DFHRI carried out documentation of the cases of conflict with victim centric approach that included visualization as well. Other than that it was involved in the advocacy work for justice to the victims, litigation, internationalization, collaboration with the victims and other stakeholders, research on the emblematic cases and informal truth telling. It has also actively advocated for the accountability of both sides towards providing justice to the victims of the conflict.

Presently, in support of the Embassy of Switzerland in Nepal DFHRI is implementing “An initiative for promoting Holistic Approach of Dealing with the Past in Nepal” program which aims to support Nepalese peace process by facilitating multi-stakeholder political dialogue on a strategic, lasting and process-oriented approach of Dealing with the Past (DwP). The major objective of the program is to promote overall promote the idea of a holistic and victim-centric strategy of Dealing with the Past in contrast to the existing purely-legalistic and narrowly-focused discourse.

DFHRI continues to concentrate promoting transitional justice within the framework of its strategy by:

  1. Enhancing the credibility of mechanism
  2. Reformation of TJ law
  3. Advocate for the formulation of necessary Laws
  4. Victims’ participation in the process
  5. Witness/Victim protection
  6. Develop reparation policies