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Nepal’s Transitional Justice law a ‘flawed step forward’: Human Rights bodies


20 August 2024  

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KATHMANDU: Nepal’s long-awaited transitional justice law, passed by the lower house of parliament on August 14, contains elements that could undermine its effectiveness, according to Amnesty International, Human Rights Watch, and the International Commission of Jurists.

While the law includes many positive provisions aimed at advancing justice, accountability, and redress for the widespread human rights violations during the 1996-2006 conflict, it also features aspects that could hinder a successful outcome.

The organizations urged lawmakers to address significant accountability gaps to ensure the process’s integrity and compliance with both Nepali and international legal standards.

“All institutions involved in the administration of justice—courts, transitional justice commissions, and the Attorney General—must interpret the bill in line with international law and Nepal’s Constitution,” the statement emphasized.

Meenakshi Ganguly, Deputy Asia Director at Human Rights Watch, commented, “Transitional justice in Nepal is long overdue. The new law represents an opportunity to finally deliver justice for victims, strengthen the rule of law, and set a positive precedent for the region. However, it must not become another exercise where victims are pressured to accept compensation without truth and justice.”

A previous transitional justice law that allowed for potential amnesties for serious crimes was declared unconstitutional by the Supreme Court in 2015 for violating Nepal’s international human rights obligations.

Despite several significant improvements in the new law, some provisions still seem designed to shield those responsible for wartime crimes from prosecution.

The statement highlighted that many survivors and families affected by these violations have endured years of hardship, suffering from lasting mental and physical injuries. They remain in desperate need of reparations, official recognition, and justice for their loved ones.

The lack of accountability for serious international crimes has contributed to ongoing rights violations and a broader crisis of impunity.

“Victims have been waiting for almost 20 years for full acknowledgment of their suffering and reparations,” said Mandira Sharma, Senior International Legal Adviser at the International Commission of Jurists.

“For a transitional justice process to succeed, all five essential pillars—truth, justice, reparation, memorialization, and guarantees of non-recurrence—must be pursued. Current gaps in this law could undermine the process and prevent effective remedies for victims.”

Publish Date : 20 August 2024 22:03 PM

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