UN Urges Victim-Centric Implementation of Nepal’s Transitional Justice Legislation

UN Human Rights Chief Volker Turk has called for a victim-focused approach to Nepal's new transitional justice law, passed by the National Assembly. The legislation aims to offer justice, truth, and reparations for human rights violations during Nepal's civil war, strengthening safeguards against future conflicts.

United Nations Human Rights Chief Volker Turk has urged Nepal to implement its new transitional justice legislation with a victim-centered approach, ensuring accountability and reconciliation. 'Eighteen years since the end of the decade-long conflict and after several previous attempts to finalize such legislation, victims of human rights violations are now closer to knowing the truth, accessing justice, and obtaining reparations,' Turk stated.

He added that the process will help strengthen safeguards to prevent future conflicts. The amendment bill on Enforced Disappearances, Truth, and Reconciliation Commission Act, passed by the National Assembly, aims to hold all parties accountable for human rights violations during Nepal's civil war.

The commission will oversee mediation efforts and recommend reparations and support for victims and their families. At least 13,000 people were killed and 1,300 went missing during the conflict from 1996 to 2006. The UN Human Rights Office documented various human rights abuses by both sides, including unlawful killings, disappearances, and torture.

'I welcome this revised law as an important step forward, although some provisions still leave gaps and ambiguities,' Turk noted. 'It's essential the legislation upholds victims' rights and conforms to international human rights standards. The participation of victims and affected communities is crucial at every stage of the process.'

Turk also emphasized the need for transparency in the appointment of the new commission's members to ensure their independence and competence. 'Nepal has become a global example of successful peaceful transition,' he said. 'My Office stands ready to assist Nepal in advancing the peace process. Transitional justice is essential for breaking cycles of violence and addressing historical inequalities.'

Following the lower house's endorsement of the bill, insurgency victims expressed concerns that reduced sentencing could provide amnesty to the guilty without delivering justice to former Maoist child soldiers. The bill excludes minor child soldiers, a contentious point among activists.

Among the 4,008 Maoist combatants not integrated into the Nepal Army, 2,973 were confirmed as minors by a UN mission, receiving minimal support post-discharge. Activists also criticize the bill for not addressing crimes against humanity and war crimes, with former warring parties denying such crimes occurred.

The Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons have been inactive for over two years due to lack of leadership, a situation set to change with the Act's endorsement. The Supreme Court had previously rejected provisions allowing amnesties for serious human rights violations in 2015. Despite multiple attempts, the Act remains unamended nine years later.

Records show 3,223 complaints of enforced disappearances and 63,718 complaints lodged with the Truth Commission. The TRC Bill is currently under deliberation in Nepal's National Assembly. (ANI)

(With inputs from agencies.)