Nepal sees no progress in Transitional Justice: Report

KATHMANDU: The failure to amend the Transitional Justice (TJ) Law is a key reason that there has been no progress in delivering justice and accountability for conflict-era violations since a 10-year Maoist insurgency ended in 2006, Human Rights Watch has said.

In August, the government tabled a bill to amend the 2014 Transitional Justice Law, which had been struck down by the Supreme Court in 2015, the Human Rights Watch Report said.

The bill was drafted following only brief consultations with victims’ groups and civil society.

“Nepal has two transitional justice commissions, the Truth and Reconciliation Commission and and the Commission of Investigation on Enforced Disappearanced Persons,” the report said, adding, “The two commissions received over 60,000 complaints from victims but have failed to complete a single investigation.”

The new bill had some positive aspects, including on the right to reparation and interim relief for victims who were left out of earlier programs, according to the HRW report.

It would prevent amnesty for certain categories of violations and would establish a special court to hear cases recommended by the transitional justice commissions, it said.

The bill would mandate the transitional justice commissions to study the root causes and impact of the conflict and recommend institutional reforms, according to the Report.

Meanwhile, the report has also said that Nepali authorities failed to end impunity for ongoing abuses by the security forces.

“Deaths caused by excessibe or unnecessary force while policing protests, as well as deaths in custody and allegations of torture, are rarely if ever credibly investigated, nor are perpetrators brought to justice,” the report said.

It further added, “Nepal is a participant in the Chinese government’s “Belt and Road Initiative,” although there have been delays in implementing any of the proposed projects.”

The report further stated that Nepal “continues to restrict free assembly and expression rights of its Tibetan community under pressure from Chinese authorities.”