Nepal: transitional justice a moving goal

August 26, 2020

Nepal continues to struggle with the implementation of of the transitional justice process. Victims of the armed conflict and human rights defenders have opposed the idea of forming a political mechanism to facilitate the conclusion of the transitional justice process, as proposed by the six-member task force formed to propose measures to end the months-long dispute within the ruling party. The idea, first proposed by Nepal Communist Party co-chair Pushpa Kamal Dahal during the Standing Committee meeting in December last year, will politicise the entire process if implemented, and work in favour of the perpetrators, they say. “I am shocked to see the recommendations. They are against the principles of jurisprudence and transitional justice,” said Ram Bhandari, chairperson of Network of the Families of Disappeared referring to the recommendations made by the task force.

Parties should stop politicising the transitional justice process. Forming a political mechanism would be an illegal move,Kalyan Shrestha, a former chief justice at the Supreme Court whose bench directed the government to remove the amnesty provisions in the transitional justice Act, told the Post. He said the political parties, who were the parties to the conflict, are in one place now treating the victims as the defeated force. Shrestha said that transitional justice has a universal jurisprudence and it must be abided by.

In a thoughtful piece of 26 August 2020 Mohna Ansari, Commissioner of the National Human Rights Commission of Nepal, argues that Nepal must reboot human rights, rule of law” puts this in context:

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