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The Perils of Impunity

Impunity has become entrenched in Nepal, as repeated commissions investigating abuses during protests and armed conflicts fail to deliver justice, leaving victims without accountability and perpetuating a culture of unpunished violations.
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By REPUBLICA

Impunity has become a systemic feature of Nepal’s governance. After nearly every people’s movement, uprising, or protest campaign, commissions are formed to investigate loss of life, property damage, and abuses. Yet their reports are rarely, if ever, implemented. During the Gen Z uprising on September 8–9, 19 people were killed on the first day alone. Nationwide arson, vandalism, and destruction on the following day claimed more than 50 additional lives. Private property was set ablaze, and attacks on businesses left the country deeply scarred. Although a commission was established to investigate the losses—both human and material—during the Gen Z movement, it is almost certain that its report will not be made public before the elections. After Prime Minister Sushila Karki’s government extended the commission’s tenure for the third time, it became clear that the report would not be released before the polls, possibly due to concerns that it might influence electoral outcomes.



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This pattern is familiar. Since 1990, several commissions have been formed in Nepal, but their reports have often remained confidential. When released after long delays, their purpose is already lost. Following the 1990 People’s Movement, the Mallik Commission found over a hundred officials and political figures guilty, yet no action was taken. Similarly, the Rayamajhi Commission, investigating abuses during the 2006 People’s Movement, recommended only that certain individuals be cautioned and meaningful implementation never followed. After the promulgation of new constitution in 2015, deaths during the Madhesh movement were never fully investigated and accountability remained elusive. The scale of impunity is most starkly visible in the decade-long “People’s War” led by the then CPN (Maoist) from February 1996 until the Comprehensive Peace Accord in November 2006. More than 17,000 people were killed, and thousands were injured or displaced. Over 63,000 complaints have been filed with the Truth and Reconciliation Commission, yet both it and the Commission of Investigation on Enforced Disappeared Persons have largely failed to deliver justice. Without justice for victims, impunity continues unabated. National and international human rights organisations have repeatedly urged the government to act, but meaningful implementation remains a challenge.


Following the recent Gen Z uprising, a commission led by former judge Gauri Bahadur Karki has been tasked with investigating the events. Yet compiling a comprehensive report covering abuses on both September 8 and 9 will not be easy. Even if the report is submitted, the government may struggle to take decisive action. While the current interim government formed the commission, it appears unlikely to pursue accountability before handing over power after the elections. A sensitive incoming government could still advance accountability, but selective investigations focusing only on September 8 while ignoring September 9 could necessitate further probes. Ending impunity requires impartial investigation of all abuses and prompt implementation of accountability measures. Forming commissions solely to placate immediate public outrage, while failing to act on their findings, risks repeating past mistakes. Establishing a tradition of fair investigation and accountability in cases of serious human rights violations is essential. Delays or deferrals in the process only reinforce impunity.

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