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Human rights activists have emphasized the need to uncover the truth and work on justice issues highlighting that reparation alone cannot achieve transitional justice in Nepal.

Sushil Pyakurel, the Founding Chairperson of INSEC and former member of the National Human Rights Commission stated that in addressing the transitional judicial process, priority must be given to uncovering the truth, followed by a detailed analysis of the nature of the incidents, and then implementing actions and reparation measures. At the ‘Transitional Justice Framework: Prioritising Truth Before Action and Reparation’ program organized by INSEC on October 1 in Kathmandu, he mentioned that the effectiveness of the transitional justice commission’s work will largely depend on the trust that victims and the human rights community have in the appointed commissioners.

Likewise, Member of Parliament Maina Karki emphasized that in discussions on transitional justice, the focus should first be on uncovering the truth. She stated that only after this should the issue of reparation be addressed.

During the same event, INSEC Chairperson Dr. Kundan Aryal stated that transitional justice has been stalled for 18 years due to a lack of serious groundwork by both the ruling party and the opposition. He emphasized that continuous monitoring and vigilance are essential for the successful implementation of transitional justice. He added that significant work remains to navigate the lengthy judicial process. He emphasized the necessity for ongoing vigilance and monitoring to ensure that victims are protected and that the transitional justice bill gains universal acceptance among political parties, thereby preventing any exploitation of the process.

Furthermore, Senior human rights activist Charan Prasai stated that despite actions being contrary to ‘prevailing Nepali law, international human rights law, and international humanitarian law,’ the provision requiring that a ‘violation of human rights’ must be ‘targeted or planned against unarmed individuals or the public during an armed conflict’ is inappropriate. He emphasized that all elements of war crimes and crimes against humanity violate international standards and are regarded as serious violations of human rights. Human rights activist Prasai noted that while the recently enacted law of transitional justice is progressive regarding reparation, it falls short of delivering justice.

The Executive Director Of INSECT Bijayraj Gautam stated that INSEC, as a long-active and strong guardian of human rights, has maintained a record of conflict-related incidents. ‘The records kept by INSEC make it easier to understand the circumstances of that time, which helps facilitate the process of delivering justice,’ Gautam said.

Conflict resolution expert Dr. Bishnu Raj Upreti stated that since there is no pure judicial process in transitional justice, it must be viewed from both political and judicial perspectives. Noting that political leadership has been focused on reparations, he emphasized that the judicial perspective should not be ignored.

Advocate Raju Chapagain stated that the comprehensive resolution of issues from the conflict period is, in itself, transitional justice. Senior Advocate Dr. Dinesh Tripathi emphasized that civil society must maintain continuous vigilance to ensure that transitional justice does not go off track. Expert on conflict resolution Shobhakar Budhathoki noted that the realization of transitional justice depends on the willpower of the political party leadership. Chairperson of the Conflict Victim Women’s National Network, Sirjana Shrestha, stated that if transitional justice is pursued in a way that allows impunity to persist, it will not lead to any solutions. Suman Adhikari, the Founding Chairperson of Conflict Victims Society For Justice- Nepal accused the government of prioritizing power interests over transitional justice. ‘The state’s cleverness in providing only reparations without delivering justice will not resolve the problem,’ Adhikari said.

The Bill to Amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act (TRC) (Third Amendment) 2024 was certified by President Ramchandra Paudel on August 29. The bill, which was passed by both houses of the federal parliament, was sent to the President’s office for certification by Speaker Devaraj Ghimire on August 28. According to the Constitution, the bill will come into effect once it is published in the official gazette. Previously, the transitional justice bill was passed by the House of Representatives on August 14, and by the National Assembly unanimously on August 22. In the absence of a bill, the government extended the term of the commission several times; however, since 2079, the commissions have been without officials.

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