Rights groups urge Nepal to revise transitional justice law for accountability

Published On: March 6, 2024 05:00 PM NPT By: Republica | @RepublicaNepal

KATHMANDU, March 6: Human Rights Watch and Advocacy Forum-Nepal have called for significant amendments to Nepal's proposed transitional justice law.

The 50-page report published on Tuesday highlights the importance of revisions to ensure justice for survivors and victims of the country's civil war. Despite improvements in the bill, concerns remain over its ability to address serious crimes and provide reparations.

“To deliver a durable and rights respecting process without further delay, Nepal’s leaders should agree to amendments called for by victims and recommended by legal experts then ask parliament to pass the bill into law,” said Meenakshi Ganguly, deputy Asia director at Human Rights Watch. “This is a moment of opportunity to deliver the truth, justice and reparations long sought by victims, and help protect the rights of all Nepalis in the future.”

The proposed law, aimed at addressing decades-long struggles for justice, faces criticism for potentially shielding perpetrators of war crimes and crimes against humanity. It also risks denying some victims access to reparations. Amendments are urged to meet victims' needs and international legal standards.

While the bill includes provisions for reparations and interim relief, it excludes numerous serious crimes under international law, creating an accountability gap. Additionally, concerns arise over the independence and financial autonomy of transitional justice bodies, as well as the registration window for survivors of sexual violence.

Nepal's international partners are urged to support a process that meets legal standards, with donor support delivered transparently and independently. Human Rights Watch and Advocacy Forum emphasize the importance of a meaningful, nationally owned process that upholds victims' rights and strengthens institutions and the rule of law.

“If the transitional justice bill is passed without appropriate amendments, it risks hindering the search for justice,” said Bikash Banet, director of Advocacy Forum. “If it is appropriately amended, it can be the basis for a meaningful, nationally owned process that upholds the rights of victims and benefits all Nepalis by strengthening institutions and the rule of law.”