The new left-led coalition in Kathmandu could pave the way for progress on finally addressing conflict atrocities, but first the government’s proposed bill in Parliament needs some important changes to ensure justice for victims. Prime Minister Pushpa Kamal Dahal has held several meetings with opposition leader K P Oli of the UML over the past few months because he knew that the bill could not be passed without UML support. Dahal was under pressure from the international community, including from United Nations Secretary-General António Guterres during his visit to Nepal in October to conclude the transitional justice process. On Tuesday, <a href="http://www.hrw.org/asia/nepal">Human Rights Watch (HRW)</a> and the group Advocacy Forum-Nepal released a report that said although the <a href="https://www.hrw.org/asia/nepal">Nepal</a> government’s proposed bill on transitional justice contains positive provisions, but needs ‘significant amendments’. ‘It is widely recognised that a lack of accountability for conflict-era violations has led to a crisis of impunity in Nepal, with police and politicians rarely held accountable for rights violations and corruption,’ the two organisations said in a statement.&nbsp; But they added that the current moment presents the opportunity to amend the draft so that the demands of victims and survivors of the 1996-2006 conflict are met. More than 17,000 Nepalis, mostly civilians, were killed and some 3,288 are still listed as missing. HRW said that the work of rights activists had ensured built public pressure to improve the draft bill, but it still allowed those responsible for serious war crimes and crimes against humanity to not be answerable.&nbsp; The HRW Advocacy Forum report, <a href="https://www.hrw.org/node/387537">Breaking Barriers to Justice: Nepal’s Long Struggle for Accountability, Truth and Reparations</a> analyses the proposed law and reviews some cases where there were obstructions to justice by the Nepali state, which is made up of the former enemies in the conflict.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240306110324_81106a42b6e16cc935bacb7d2315487adc45b250b4b032276a0819db1918818c.jpg" data-media-id="editor_3" data-image-id="20240306110324_81106a42b6e16cc935bacb7d2315487adc45b250b4b032276a0819db1918818c" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="TJ Bill"> </figure>  Survivors of war rape and relatives of victims filed complaints in 62 extrajudicial killings, and the organisations say that the draft does not meet international legal standards, rulings by Nepal’s &nbsp;<a href="https://www.hrw.org/news/2020/05/01/nepal-supreme-courts-decision-reaffirms-need-amend-transitional-justice-law">Supreme Court</a> and demands of victims’ families. “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 <a href="https://www.hrw.org/about/people/meenakshi-ganguly">Meenakshi Ganguly</a>, HRW’s deputy Asia director. "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 conflict ended 18 years ago with the signing of the 2006 Comprehensive Peace Agreement under which mandated setting up a <a href="http://www.trc.gov.np/">Truth and Reconciliation Commission</a> (TRC) and a Commission on the Investigation of Enforced Disappeared Persons (CIEDP). During Secretary-General Guterres’ visit Prime Minister Dahal from the Maoist Centre party promised ‘speedy advancement’ of the peace process. The current bill provides for reparations and interim relief for some victims, including victims of torture and rape, who were left out of earlier relief packages. It guarantees the right of the families of victims of enforced disappearance to their relatives’ property.&nbsp; The TRC and (CIEDP) would investigate war crimes and those classified as ‘serious violations of human rights’ could be referred to and prosecuted in a special court. This includes rape, enforced disappearance, and cruel or inhuman torture, and a yet to be finalised definition of unlawful killing.&nbsp; However, HRW says the bill excludes numerous serious crimes under international law, including some acts of torture and other unlawful killings. It says excluding certain categories of crime risks providing general amnesty to perpetrators, as well as deprive some victims and their families from reparations.&nbsp; “If the transitional justice bill is passed without appropriate amendments, it risks hindering the search for justice,” said Bikash Basnet 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.” Click here for full report, <a href="https://www.hrw.org/node/387537">Struggle for Accountability, Truth and Reparations</a>

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Nepal’s chance on transitional justice

UN Secretary-General António Guterres addressed a joint session of Parliament on Tuesday as part of his four-day visit to Nepal. Guterres spoke about global conflicts, Nepal’s transitional justice process, and the impact of climate change on the Himalayas. During his remarks, Guterres described Nepal as “a promoter of peace, a champion of multilateralism, and a staunch supporter of sustainable development and climate action.” Guterres said he welcomed efforts to drive progress and find solutions in regard to transitional justice, and that the UN, “respecting Nepali leadership” stood ready to support Nepal. “We know that transitional justice has the greatest chance of success when it is inclusive, comprehensive, and has victims at its heart--when it centres on truth, reparations and justice,” he said. “When women participate fully. And when all victims of human rights violations can find meaningful redress.” Meanwhile, victims of Nepal’s decade-long armed conflict were gathered in front of Kathmandu District Court on Tuesday to demand amendments to the Transitional Justice Bill. Conflict victims' groups appealed to the government and political parties to ensure that the transitional justice process adheres to international standards, the Supreme Court’s verdict, as well as the concerns expressed by survivors.  <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20231031161024_7130d4b3f64d24ceb93ff0d2ad2076f4dba7d7a0d52446cad4c48de5c70d6499.jpg" data-media-id="editor_0" data-image-id="20231031161024_7130d4b3f64d24ceb93ff0d2ad2076f4dba7d7a0d52446cad4c48de5c70d6499" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="Transitional justice"><figcaption>Conflict victims gathered in front of Kathmandu District Court on Tuesday to demand amendments to Nepal's Transitional Justice Bill. Photo: SUMAN NEPALI</figcaption></figure>  The UN Secretary-General then shifted focus to climate change and the need for “climate justice”, noting that although Nepal contributes negligible amounts to global carbon emissions, the country, especially the Himalaya have been significantly impacted by the climate crisis. He also added that he has proposed a Sustainable Development Goal stimulus that would release at least $500 billion a year in affordable long-term finance for sustainable development and climate action in countries like Nepal. Meanwhile, members of the civil society wrote to the Secretary-General to express gratitude for his stand on Gaza and the need for a humanitarian truce in the region, world peace, Nepal’s transitional justice, and the climate crisis. The letter also warned the UN Secretary-General about ‘national and international ‘spoilers’ wanting to foist a perpetrator-friendly ending to the peace process in the name of elapsed time and geopolitical expediency.’ However, the letter-- signed by former Commissioners of the National Human Rights Commission Gauri Shankar Lal Das and Sushil Pyakurel, MP and former Foreign Minister Bimala Rai Paudyal, activist Hira Bishwakarma, former advisor to the President Tika P. Dhakal, and writer/journalist Kanak Mani Dixit—also expressed disappointment at Guterres not having met with conflict victims. Wrote the signatories: “It is the victims, as the main stakeholders, who ensured through years of lonely struggle that opportunistic politicians and other players did not derail our transitional justice process. While you did meet the two erstwhile warring sides, you were not able to meet the victims of conflict even though representatives of five organisations had submitted a letter on the morning of 30 October seeking an appointment." Full text of UN Secretary-General António Guterres' remarks during the joint session of Parliament Your Excellencies, the two presidents of the two Houses of the Nepali Parliament, Excellencies, distinguished Ministers, Parliamentarians and Friends, allow me, before I start, to express my deep gratitude for the wonderful hospitality that the Government and the people of Nepal have provided to me during these three days. All the facilities that were put at my disposal have transformed this visit into an enormous success. I learned a lot and I commit to using what I learned to support Nepal in your struggle against climate change and for the development of your country. When I am here, I am twice at home. I have been astounded. Tthis trip has been no exception. What I have seen and experienced in the past few days will stay with me always. The sunlight hitting the Himalayas, the warmth of the people, the richness of your cultural diversity and, of course, the sanctity of Lumbini. I thank the Government of Nepal for your invitation, your hospitality and your welcome to me and to my delegation. Excellencies, we meet today amidst a world in turmoil. Decades of progress on poverty and hunger are being reversed in large parts of the world. Inflation is undermining households and national budgets. Families and countries alike face financial crises. Women are underrepresented and underpaid. I recognize the enormous effort that Nepal is making in the way for gender equality, full gender equality, and I praise your efforts and its results. Violence and conflict abound. While the conflict in the Middle East is thousands of miles away, Nepalis were among the many victims of Hamas' brutal attacks in Israel. I send my sincere condolences to the families of the 10 Nepalese students who were killed and express my best wishes for the safe return of Mr Bipin Joshi, who is missing. Distinguished parliamentarians, as geopolitical tensions rise, global divisions are becoming deeper and more dangerous. And smaller countries fear becoming collateral damage in the competition between the great powers. And climate catastrophe is accelerating with a deadly force. In responding to this crisis, the world could learn much from Nepal. This country is a promoter of peace, a champion of multilateralism, and a staunch supporter of sustainable development and climate action. Nestled between two great powers, you have forged your own path to safeguard your sovereignty and your independence, and your journey over the past 20 years has been wonderful to see. A new republic, with a new constitution, with the UN Charter at its heart. You were quick to embrace the Sustainable Development Goals, and are making progress on many of them, independently of the difficult financial conditions that developing countries face in today's unfair world. Your country has successfully calmed the storms of conflict and moved from war to peace, a process the United Nations has been proud to support. Dear parliamentarian colleagues, Nepal does not stand still. Your dynamic story of progress continues today. Your graduation from the Least Developed Countries status is imminent, and the United Nations is committed to supporting a smooth transition. You are preparing the final stages of your Nepal-led peace process, healing the wounds of war through transitional justice. A process to bring peace to victims, families and communities haunted by questions and scarred by injustice, and one that will help put the past to rest. Transitional justice can play a vital role in securing lasting peace. But we all know it's not easy. By nature, it is a delicate and complex process. We know that transitional justice has the greatest chance of success when it is inclusive, comprehensive and has victims at its heart. When it centres on truth, reparation and justice, when women participate fully, and when all victims of human rights violations can find meaningful redress. I welcome efforts here in Nepal to drive progress and find solutions in this regard, and want to tell you you are not alone. The United Nations, respecting the Nepali leadership of this process, stands ready to support you, with your victim-centred process and its implementation in line with international standards, and your own Supreme Court's rulings. The United Nations and Nepal are old friends. Our cooperation runs deep. Nepal has long been a cherished member of the UN family and a powerful voice for developing countries, most recently as chair of the Least Developed Countries Group. This relatively small country, compared with the big powers, has made an outsized contribution to international peace. Of all the countries on earth, Nepal is the second largest contributor of troops to United Nations Missions, military and police. I am sincerely grateful to the Nepali people for their dedication, their courage and their service in peacekeeping. I would like to take a moment and ask for one moment of silence to honour those Nepalis who have lost their lives serving under the blue flag. Their memory will never be forgotten, and the United Nations is proud of the exceptional contribution of Nepali soldiers and police officers in our peacekeeping missions. Dear parliamentarian colleagues, on climate action, Nepal is a frontrunner. You are on target to reach net zero emissions by 2045. Thanks to extraordinary reforestation efforts, trees now cover almost half of the country. And you are one of the pioneers of the Early Warning Systems for All initiative, which aims to protect every person on earth by 2027. Yet global crises are hitting Nepal hard, as they are developing countries around the world. The lingering effects of the Covid-19 pandemic, inflation, and above all the climate crisis are threatening hard-won development gains and squeezing the funds available for investment. Nepal contributes a minimal fraction of a percent to global emissions. But monsoons, storms, landslides are growing in force and ferocity, sweeping away crops, livestock and entire villages, decimating economies and ruining lives. In August, landslides caused by heavy rains caused devastation and killed scores of people. And glaciers are melting at record levels. I was a witness. Nepal has lost close to a third of its ice in just over 30 years. The effect is devastating. Swollen lakes bursting. Rivers and seas rising. Cultures threatened, and mountainsides exposed, inflaming the risk of rockslides, landslides and avalanches. Threats will continue mounting. Himalayan glaciers provide fresh water to over a billion people. As they shrink, so do river flows. Now, we have too much floods. But one day in the future, Himalayan rivers like the Hindus, the Ganges and the Brahmaputra will have their flows severely limited. Combined with saltwater intrusion, that will decimate deltas in this region and beyond. That could mean low-lying communities and entire countries erased forever— millions of people on the move and fierce competition for water and land. Nepal is now one of the countries that is suffering the most. But other South Asian countries might become, in the future, terrible victims of the receding glaciers of Nepal. Dear parliamentarian colleagues, what is happening in this country as a result of climate change is an appalling injustice and a scathing indictment of the fossil fuel age. I am deeply concerned by those communities in Nepal facing the brutal impacts of the climate crisis. The United Nations stands with them. The world must do the same. That was one of the reasons why I took profit of my visit to the Everest Base Camp to issue a video for the whole world showing the drama of receding glaciers and the impacts that will have in the future. Nepal and other developing countries need far greater international support to aid development, accelerate climate action and weather the current global storms. I have proposed a Sustainable Development Goals Stimulus that would release at least $500 billion a year in affordable long-term finance for sustainable development and climate action in developing countries like Nepal. Member States welcomed the proposal at the General Assembly last month and committed to advancing it. I call on them to take action now to make this commitment a reality. Unfortunately in our world, many times people announce commitments and then do not implement those commitments. These commitments about finance for developing countries and climate action must be implemented. I urge leaders to act on climate without delay with the biggest emitters leading from the front. All countries must put the acceleration agenda I propose into effect to limit the rise in global temperature to 1.5°C, and they must make COP28 count with a strong outcome building on the so-called global stocktake. We also need to deliver climate justice. Developed countries must honour the promise of $100 billion a year to support developing countries in climate, and double adaptation finance as a first step of devoting half of climate finance to adaptation. Investment in the resilience of communities, in the resilience of infrastructure is today a must, because climate change impacts are not a problem of the future, they are felt today by the population—and it is today that developed countries must support countries like Nepal to do the necessary investments in that regard. The most vulnerable must be at the centre of efforts to build climate resilience. And all parties must operationalise the landmark Loss and Damage Fund at COP28 this year. There is loss and there is damage. You can see it in Nepal. There must be compensation for it. The Nepali people depend on it, for families that have lost their homes to storms, for communities forced to abandon their villages by rising rivers. Loss and damage is not a negotiating point or a bureaucratic abstraction. It is a lifeline. Dear parliamentarian colleagues, Nepal has long been a friend to the international system. And today their system is in dire need of refresh, revitalisation and reform. The world is in a state of flux. It is moving towards multipolarity. And that is a good thing. A multipolar world provides new opportunities for leadership and balance on the global stage. But this new dynamic requires strong multilateral institutions to maintain peace. History shows us that. At the beginning of the 20th century, Europe was multipolar. But without strong multilateral institutions, it descended into a war that engulfed the world. That is not a risk we can take. We need strong, international reformed institutions that reflect the realities of today. But ours, like the Security Council or the Bretton Woods system, mirror the world in a different way. Since they were founded almost 80 years ago. They correspond to 1945—they do not correspond to what is the world in 2023. That must change. Developing countries must have far greater representation in international institutions. I have called for reform of the outdated United Nations Security Council, and I have proposed measures to reform the global financial architecture so that it better represents developing countries and responds to their needs. And these proposals are gaining traction at this year's United Nations General Assembly and beyond. But of course, there is always the resistance of those that benefit from the present unfair systems. The United Nations Summit of the Future next year is an important chance to push further progress, and I count on Nepal's support to help make the change we need a reality. Dear parliamentarian colleagues, multilateralism must both reflect the world and respond to it. That means creating the institutions and tools we need to address new threats and seize new opportunities. Today, technology is an example of both. It can solve problems and spur development, or it can entrench divisions and inflame inequality. Today, it is doing too little of the former and too much of the latter. We need a global response to the technologies that are changing the world at a stunning speed to harness them for the good of humanity. And all countries must have a say, not only the most rich countries in the world that have more resources to develop those new technologies. My high-level board on Artificial Intelligence includes experts from G77 countries, the global source. It will report this year, so member states can consider global governance options for artificial intelligence. And it must also bring the benefits of technology to all and ensure that in a new technological era no one is left behind. This is the purpose of the Global Digital Compact the United Nations is proposing. It aims to bring together governments and industries to ensure that technology works for all and accelerate the Sustainable Development Goals. And I hope the Summit of the Future will be an excellent chance to push progress. As a steadfast champion of multilateralism, peace and developing countries' interests, Nepal will be a vital ally at the summit. Dear parliamentary colleagues, it has been my great pleasure to visit this extraordinary country over the past few days. What I've seen confirms a simple truth. Nepal is a friend of the world. So the world must be a better friend to Nepal, and the United Nations will never stop fighting to make that a reality. I thank you.

Justice delayed, justice denied

<a href="https://nepalitimes.com/editorial/antonio-guterres-agenda-in-kathmandu">United Nations Secretary-General António Guterres</a> spent a busy first day in Nepal after landing in Kathmandu at 1AM on Sunday on his four-day visit. He had a one-on-one with Prime Minister Pushpa Kamal Dahal, Defence Minister Purna Bahadur Khadka and Foreign Minister N P Saud at their offices in Singha Darbar. He also paid a courtesy call on President Ram Chandra Paudel, visited Patan Darbar Square heritage site and took part in a banquet hosted by Prime Minister Dahal.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20231029151024_9eb3d96ff0538da012c853f151a54af94ae653412bc9559764af96a5569c812f.jpg" data-media-id="editor_1" data-image-id="20231029151024_9eb3d96ff0538da012c853f151a54af94ae653412bc9559764af96a5569c812f" data-rendition-name="original" width="1800" height="1200" loading="lazy" alt="António Guterres in Nepal"> <figcaption>António Guterres with president Ram Chandra Paudel. Photo: RATNA SHRESTHA/RSS</figcaption> </figure>  Dahal and Guterres told a press meet that their discussions centred on the international situation, <a href="https://nepalitimes.com/opinion/comment/no-closure-after-nepal-s-insurgency">Nepal’s peace process</a>, the <a href="https://nepalitimes.com/here-now/for-destruction-ice-is-also-great-and-will-suffice">impact of the climate crisis on the Himalaya</a>, the UN’s Sustainable Development Goals as well Nepal’s imminent graduation from least developed to developing country status. “Our talks were extremely cordial and we spoke frankly about expanding ties between Nepal and the United Nations system,” Dahal said, “we delved deeply into climate impacts, and appreciated the Secretary-General’s role in helping Nepal adapt to the crisis, and for greater future assistance for adaptation.” Dahal also said that Nepal’s peace process was nearing its final phase, adding: “We feel that the UN and the Secretary-General’s role in seeing it through will be important.”  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20231029151024_725f11f9c9bbe69181b9c3cdd6a9be6c72f0c4e0526199f770124ab1d92dd1fb.jpg" data-media-id="editor_4" data-image-id="20231029151024_725f11f9c9bbe69181b9c3cdd6a9be6c72f0c4e0526199f770124ab1d92dd1fb" data-rendition-name="original" width="3600" height="2400" loading="lazy" alt="António Guterres in Nepal"> <figcaption>Photo: PRADEEP RAJ ONTA/RSS</figcaption> </figure>  Dahal added that he got the impression that Guterres was well informed about Nepal’s political situation, and the <a href="https://nepalitimes.com/news/nepal-tj-bill-protects-perpetrators-shortchanges-survivors">transitional justice process</a>. The other matter on the agenda was Nepal’s important role in contributing to the UN’s peacekeeping forces in conflict zones around the world. Dahal said Guterres was full-praise for Nepal’s contribution to peacekeeping. Antonio Guterres told the press that Nepal’s peace process and traditional justice should be concluded adhering to international law, the Supreme Court’s ruling on the matter, and the needs of the survivors and families of the victims. Guterres also met the main opposition leader K P Oli of the UML during which Oli is said to have complained about Dahal still promoting a culture of violence despite the Maoist party having entered democratic politics.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20231029151024_daaf2c46d6a9303a37aa671800990ba86d2fe9b6f452594a48bf442e8f1333b6.jpg" data-media-id="editor_6" data-image-id="20231029151024_daaf2c46d6a9303a37aa671800990ba86d2fe9b6f452594a48bf442e8f1333b6" data-rendition-name="original" width="3600" height="2400" loading="lazy" alt="António Guterres in Nepal"> <figcaption>António Guterres with the main opposition leader K P Oli of UML. Photo: RSS</figcaption> </figure>  Former foreign minister and UML leader Pradeep Gyawali said Oli told Guterres that he was opposed to the Maoist party pushing the anniversary of the conflict on 13 February as ‘<a href="https://nepalitimes.com/news/uproar-over-maoist-war-anniversary-holiday">People’s War Day</a>’. “We all need to conclude the peace process and the prime minister as a former guerrilla commander has an important role, but he is actively glorifying violence, and this is worrying for the survivors of the conflict,” Gyawali quoted Oli as telling Guterres. Oli also raised the issue of the Truth and Reconciliation Bill which still has <a href="https://nepalitimes.com/opinion/comment/nepal-s-transitional-justice-and-the-west-s-recalibration">provisions for general amnesty for murders and other war crimes</a>, and violates a Supreme Court ruling.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20231029151028_5152f622d878e93bc95d92fa6243fb5a11657d7fafee49e710864e283ca1f59c.jpg" data-media-id="editor_9" data-image-id="20231029151028_5152f622d878e93bc95d92fa6243fb5a11657d7fafee49e710864e283ca1f59c" data-rendition-name="original" width="3600" height="2113" loading="lazy" alt="António Guterres in Nepal"> <figcaption>Photo: PRADEEP RAJ ONTA/RSS</figcaption> </figure>  “Transitional justice cannot be transitional injustice, and should be governed by the wishes of the survivors and families of the victims,” Oli reportedly said. Nepal’s peace process is regarded as a model for post-conflict societies because of the successful demobilisation of the insurgents, their induction into the national army and rehabilitation of the rest. However, there are some loose ends including <a href="https://nepalitimes.com/opinion/transitional-injustice-in-nepal">lack of justice against known perpetrators of war crimes</a>, the <a href="https://nepalitimes.com/20-years-ago-this-week/child-soldiers">recruitment of child soldiers</a> and summary executions and disappearances by state security forces. --- UN Secretary-General's press encounter with the Prime Minister of Nepal THE SECRETARY-GENERAL -- Joint press encounter with the Prime Minister of Nepal, Mr. Pushpa Kamal Dahal ‘Prachanda’ Kathmandu, 29 October 2023 [as delivered] Good afternoon. It is a great pleasure to be back in beautiful Nepal. The Prime Minister and I have just had a very productive meeting and I thank him for his wonderful hospitality. Indeed, the warm welcome that I received in Nepal is something I will never forget. We are living in difficult and tense times. I know that even though the conflict in the Middle East is thousands of miles away, it has hit very close to home for the people of Nepal. I extend my deepest condolences to the families of the ten Nepalese students killed in the terror attacks by Hamas in Israel on 7 October, and my best wishes for the safe return of Mr. Bipin Joshi, who is missing. I have just arrived here from Qatar and I will continue to insist on the immediate and unconditional release of all the hostages in Gaza. And I repeat my utter condemnation of the appalling attacks perpetrated by Hamas. There is no justification, ever, for the killing, injuring and abduction of civilians. The situation in Gaza is growing more desperate by the hours. I regret that instead of a critically needed humanitarian pause supported by the international community, Israel has intensified its military operations. The number of civilians who have been killed and injured is totally unacceptable. All parties must respect their obligations under International Humanitarian Law. That Law emerged from the tragedy and awful experiences of war. I have always been consistent in my call for strict compliance of the well-established principles and rule of International Humanitarian Law. The protection of civilians is paramount. The Laws of War establish clear rules to protect human life and respect humanitarian concerns. Those laws cannot be contorted for the sake of expedience. The world is witnessing a humanitarian catastrophe taking place before our eyes. More than two million people, with nowhere safe to go, are being denied the essentials for life – food, water, shelter and medical care – while being subjected to relentless bombardment. I urge all those with responsibility to step back from the brink. And I reiterate my appeal for an immediate humanitarian ceasefire, the unconditional release of all hostages, and the delivery of a sustained humanitarian relief at a scale that meets the needs of the people of Gaza. We must join forces to end this nightmare for the people of Gaza, Israel and all those affected around the world, including here in Nepal. Ladies and gentlemen, I am here in Kathmandu to strengthen the deep friendship and cooperation between Nepal and the United Nations. Nepal has a long and proud tradition of championing peace and multilateralism. And the United Nations is hugely grateful to Nepal for your support for multilateral solutions – backed up by the enormous contribution you make to peacekeeping missions around the world. Nepal’s progress over the past twenty years has been astonishing: You have become a republic, established peace, and thrown yourselves behind the Sustainable Development Goals and climate action. And there’s more to come. The next few years will be decisive, as Nepal prepares to graduate from Least Developed Country status. And as it embarks on the final stages of the peace process with transitional justice. Transitional justice must help to bring peace to victims, families and communities. The United Nations stands ready to support Nepal to develop a process that meets international standards, the Supreme Court’s rulings, and the needs of victims – and to put it into practice. Nepal is also caught in a blizzard of global crises not of its making: the aftermath of the COVID-19 pandemic, inflation caused by the international economic situation, and the enormous threat posed by climate chaos. Much more international action is needed. Developed countries must step up to support sustainable development, and help developing economies including Nepal to tackle the climate crisis. On this trip, I will visit the Himalayas to see for myself the terrible impact of the climate crisis on the glaciers. The situation is dire and it is accelerating. Nepal has lost close to a third of its ice in just over thirty years. And glaciers are melting at record rates. The impact on communities is devastating and I will meet local people in the Himalayas to hear directly from them about how they are affected. I will travel to Pokhara and to Lumbini, to reflect on the Lord Buddha’s teachings of peace and non-violence, which are more relevant than ever in our deeply troubled world. And I want to explore how the United Nations and Nepal can work together even more to solve problems, boost prospects, and improve international support. Because Nepal is a friend of the world, and so the world must be a better friend to Nepal. Working together, we can make that a reality. Thank you.

António Guterres meets Nepal’s leaders

United Nations Secretary-General António Guterres is arriving in Kathmandu on Sunday on a visit that was originally scheduled for mid-October, but was put off due to the Israel-Hamas crisis. Even during his visit he will be busy trying to find a path to peace in the Gaza war. &nbsp; The Israeli government has criticised the Secretary-General for remarks in the Security Council this week in which Guterres said the Hamas attack on Israel on 7 October “<a href="https://www.un.org/sg/en/content/sg/speeches/2023-10-24/secretary-generals-remarks-the-security-council-the-middle-east%C2%A0">did not happen in a vacuum</a>”.&nbsp; Israel took offence even though Guterres had added that the “grievances of the Palestinian people cannot justify the appalling attacks by Hamas”. Israel’s censure of the UN Secretary-General’s carefully balanced speech to the Council is itself an indication of the extreme geopolitical polarisation over <a href="https://nepalitimes.com/news/as-in-nepal-thais-mourn-nationals-killed-in-israel">the Gaza war</a>. On his way to Kathmandu, Guterres will be stopping in Doha where he is expected to engage with Hamas’ Iranian mentors.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20231028031036_52c1f0f8be09553e6f6a26831289b6600f4b5fd0181746432cf534b4d50cb3df.jpg" data-media-id="editor_2" data-image-id="20231028031036_52c1f0f8be09553e6f6a26831289b6600f4b5fd0181746432cf534b4d50cb3df" data-rendition-name="original" width="2478" height="1416" loading="lazy" alt="UN resolution"> <figcaption>An Emergency Special Session of the UN General Assembly on 27 October adopted a resolution calling for 'immediate and sustained humanitarian truce' in the Middle East. Even though it did not explicitly call for a ceasefire, 120 countries (including Nepal voted for the resolution) while most western countries either voted against or abstained. Interestingly, Bhutan voted for the resolution, while India abstained.</figcaption> </figure>  Though not directly involved, Nepal has been affected by the Israel conflict. <a href="https://nepalitimes.com/news/nepalis-confirmed-killed-in-hamas-attack">Ten Nepali agriculture students were killed</a> by Hamas, and <a href="https://nepalitimes.com/here-now/waiting-for-bipin-joshi">one is still missing</a>.&nbsp; The brutality of <a href="https://nepalitimes.com/here-now/war-in-israel-earthquake-and-grief-in-nepal">the Hamas raid</a> in which most of the 1,400 victims were civilians, including women and children, has been widely condemned. The Israeli response, however, has been disproportionate, asymmetrical, and indiscriminate. More than 7,000 Palestinians have been killed in Gaza, and many innocent women and children have been killed and injured. Even in purely strategic terms, Prime Minister Benjamin Netanyahu’s response will be militarily counterproductive for Israel. And what is puzzling is the West’s carte blanche to the IDF to continue its carpet bombing of Gaza. The western media’s partisan coverage of the conflict in the name of ‘balance’ is even more troubling. President Joe Biden possibly is driven by his re-election bid in 2024, and bipartisan domestic support for Israel. Western governments do not even want to use the word ‘ceasefire’, preferring to call for ‘a humanitarian pause’ to Israel’s bombing. There is a danger that António Guterres will be preoccupied with the deepening crisis in West Asia so that his two main agenda points in Kathmandu (<a href="https://nepalitimes.com/opinion/comment/no-closure-after-nepal-s-insurgency">transitional justice</a> and <a href="https://nepalitimes.com/here-now/for-destruction-ice-is-also-great-and-will-suffice">climate change</a>) will be eclipsed. &nbsp; Guterres is scheduled to address a joint session of Nepal’s Federal Parliament on 31 October, and meet former Maoist commander Pushpa Kamal Dahal who is now prime minister.&nbsp; Dahal’s main purpose in inviting Guterres to Nepal is to get a UN stamp of approval to the transitional justice process. Survivors and families of the victims of war crimes have opposed efforts by the current coalition government to ram through <a href="https://nepalitimes.com/news/nepal-tj-bill-protects-perpetrators-shortchanges-survivors">a bill that would grant amnesty to perpetrators</a>. The Truth and Reconciliation Commission and the Commission on the Investigation of Enforced Disappeared Persons were led by political appointees and remain dissolved.&nbsp; Since the former enemies are now in government together, <a href="https://nepalitimes.com/opinion/transitional-injustice-in-nepal">they do not want to rake up the past</a>. The Maoists have tried to make a distinction between ‘political murder’ and ‘criminal murder’, while state security says it was just responding to an anti-government insurgency.&nbsp; Guterres will have to impress upon his Nepali interlocutors that absence of war is not peace, and that there can be no peace without justice. Dahal, Deuba &amp; Co, on the other hand, will try to convince the Secretary General that Nepalis are ready to l<a href="https://nepalitimes.com/news/restorative-justice-for-peace-building">et bygones be bygones</a> and focus on economic progress, job creation and development.&nbsp; Western support for justice and human rights in Nepal <a href="https://nepalitimes.com/opinion/comment/nepal-s-transitional-justice-and-the-west-s-recalibration">is not as robust as it used to be post-2006</a>. A weaker West, and ascendant India and China in Nepal’s neighbourhood may have emboldened Nepal’s leaders to determine that the geopolitical climate is conducive to conclude the peace process 17 years after the conflict ended.&nbsp; The current <a href="https://nepalitimes.com/banner/forgetting-to-remember">Truth and Reconciliation Commission draft bill </a>allows pardons for murder, disappearances, sexual offences and torture. It legitimises the recruitment of child soldiers. And it is fuzzy on who should try such crimes.&nbsp; Allowing known perpetrators of war crimes on both sides to get away would reinforce the climate of impunity that has become even more evident after the recent presidential pardon for a convicted murderer and <a href="https://nepalitimes.com/editorial/nepal-gets-gold-medal-for-corruption">political interference into police investigations into high profile corruption scandals</a>. A predecessor of António Guterres, Dag Hammarskjöld of Sweden, visited Nepal in 1961, and that helped give <a href="https://nepalitimes.com/latest/putsch-ek">King Mahendra’s coup</a> some legitimacy. Guterres is in Nepal at a time when crimes against humanity are being committed in the <a href="https://nepalitimes.com/news/remittonomics-and-conflict">Gaza war and other conflict zones around the world</a>.&nbsp; The Secretary-General’s message in Kathmandu has to be: forgetting war crimes risks a repeat of war.

António Guterres' agenda in Kathmandu

Nepal must ensure that it maintains peace as it works through its <a href="https://nepalitimes.com/opinion/comment/nepal-s-transitional-justice-and-the-west-s-recalibration">transitional justice process</a>, says an expert from Colombia, where violence has not stopped even though an entire legal system was created as part of the South American nation’s 2016 peace agreement.
“The sad part of this story is that we still have war,” judge Caterina Heyck said after a week of workshops and speaking engagements inKathmandu hosted by the International Commission of Jurists (ICJ).
“In Colombia we have a peace agreement, a judicial system, but we lack peace. But in Nepal you are not lacking peace and for me that’s really amazing,” she said. “To be in a taxi in Kathmandu, or to walk on the street at night and to not feel like I might be kidnapped… that peace you should never, ever lose.”
Colombia suffered five decades of conflict with guerrillas of the Revolutionary Armed Forces of Colombia (FARC). As many as 220,000 people were killed, 25,000 disappeared and millions displaced. But FARC splinter groups and other armed outfits still operate in some rural areas, and the current violence is said to be tied to drug trafficking.
“I can’t describe how bad it is to always have war, we are sick and tired of having a war,” added Heyck, whose ex-husband’s three members were kidnapped.&nbsp;
“Even if you ask the victims who suffered the most, more than anything else they want to live in peace,” says the judge, who has written two books on the role of kidnapping during the conflict.
Colombia’s peace agreement included the setting up of a complex court system, the Special Jurisdiction for Peace (SJP), where Heyck is one of the justices. It includes two paths for prosecution: acknowledgement and non-acknowledgement.
Those who admit their acts will receive a ‘restorative sanction’, such as helping to build a bridge or finding and removing landmines. Those who do not receive an ‘alternative’ or ‘ordinary’ prison sentence, depending on whether they finally agree to cooperate.
The position of the perpetrator and the seriousness of the crimes committed are also factored into decision-making about sanctions.
“During peace talks the most difficult point was the design of the judicial system, because it was very obvious that (the top leaders of both the guerrillas and the military) were not going to sign the peace agreement if they were going to go to jail. It was as simple as that,” says Heyck.
In Nepal, where the <a href="https://nepalitimes.com/opinion/transitional-injustice-in-nepal">transitional just process is currently stuck</a>, recent disputes over a transitional justice law have focused on possible amnesty for the Maoists and state-side perpetrators of conflict era atrocities that are considered serious violations of human rights. In fact, it seeks to distinguish between political ‘murder’ and criminal ‘extreme murder’, which activists say renders the whole process meaningless.
A whole generation of young Nepalis has grown up <a href="https://nepalitimes.com/multimedia/delay-dilute-deny">without the knowledge of the decade-long Maoist insurgency</a> that killed at least 17,000 people. It has been 17 years since the Comprehensive Peace Accord was signed in 2006. Families of <a href="https://nepalitimes.com/news/14-years-after-conflict-no-closure-in-nepal">over 1,400 disappeared are still waiting for the truth</a>, and survivors of war crimes have not got justice.
Heyck explains that Colombia complies with international law in that it bans amnesty for those who were most responsible. “But they’re not going to go to jail if they acknowledge the truth, they’re just going to have a restorative sentence,” she says, adding, “it’s too early for us to say that we succeeded. It’s the victims who will say in the future if the system was right or wrong.”
Heyck had in-depth experience in international humanitarian law and working as a legal expert with the Colombian government, including as a peace negotiator, when she was one of 38 judges chosen for the SJP among thousands of applications.&nbsp;
Much of her time is spent poring over legal texts and discussing cases with colleagues, but she most enjoys leaving the office to research incidents involving the country’s Indigenous people.&nbsp;
She has also faced immense pressure, including as one of five justices who had to decide if a former FARC leader, Jesús Santrich, should be sent for trial in the United States or protected under Colombia’s non-extradition law.&nbsp;
“It was very tough, the American embassy was involved, and the attorney general at the time was very close to the ambassador,” Heyck explains.&nbsp;
“We asked for the evidence and the Americans did not send it… in the end, three out of five of us voted to provide him with the guarantee of non-extradition, and he was released.”
Today she feels like the wheels of justice are mired in a legal muck. She says: “We have nine years remaining… I know that it’s too little. We cannot grant justice to the victims if the perpetrator dies. Many are already in their 70s, in their 80s. Time is passing so fast, we must hurry.”
Asked whether a transitional justice process is needed in a country like Nepal, where most people appear to have moved on after the conflict Heyck says: “As a judge, as a lawyer, as a person who has worked for human rights, of course the answer would be yes. You cannot leave justice behind.”
But she cautions: “It has to be another type of justice … if after 60 years a former perpetrator who has been living peacefully is going to go to jail. That’s quite crazy. Which is why I go for restorative justice, not for punitive justice. That is the kind of justice that will bring more peace, that will go farther in terms of reconciliation. Because sometimes justice can stoke hatred, and can re-open wounds. That is not advisable.”
In Nepal, however, the <a href="https://nepalitimes.com/banner/all-is-fair-in-war-and-peace">former guerrilla commander Pushpa Kamal Dahal</a> is now prime minister for the third time and has made insensitive public statements about victims. The transitional justice process is also stuck.

Restorative justice for peace-building

Nepal’s transitional justice amendment bill does not adhere to domestic or international laws, and its current draft will not adequately persecute perpetrators of crimes committed by the Maoist and state security forces during the decade-long armed conflict, said international human rights organisations on Friday.
The bill must be revised to comply with Nepal’s Supreme Court rulings and international human rights laws while ensuring consultation with conflict victims and if passed in its current form will not be accepted by the judiciary, civil society, or conflict survivors, stated Amnesty &nbsp;International, Human Rights Watch, and the International Commission of &nbsp;Jurists.
The &nbsp;Bill for the Amendment of the Investigation of Enforced Disappeared &nbsp;Persons, Truth and Reconciliation Commission Act (2014) was presented before parliament on 19 March. Prime Minister Pushpa Kamal Dahal’s coalition government, which introduced the amendment bill in the House, &nbsp;plans to expedite the bill drafted by Govinda Prasad Sharma Koirala &nbsp;‘Bandi’ through Parliament.
There have been negligible prosecutions of serious crimes under international law since the end of the armed conflict in 2006. More than 140 victims have <a href="https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUWleU9QIo4HgPQiXtNUKFnrylepgRjvdjnNeoDyHg7ZyXLtLiguDmCrBbY2MlwiyVQKqv55Ym5Kk1XqgWqdkVHggLKNSN0gDsmTO6avj-2ByI4fX7936n3XApk5ahsaYn6x6dKUdEOuHZvnKAMjIKlzDw-3D4BNj_Fw9I6ls453wh9AcW9OcnAOdGLtHJQWmb6iisfhwxtIrVHXOCd4VBT7bZGP2s-2FHbG9JxVKulQIyCjRDu9XnUWBhuOJZ-2BTIAC4GbOzVj7LjC7I-2FQPY6l4UxHr0M4TEpDQRHGVoZ-2FfB7KRsNoPM6Nsj-2BbwHXwfbgi-2FUxqkz4qp5XFO90WnM6Dq0NmJCvA-2F3Awb7pgkJktX5e5iI1n-2BlIWeJ-2BdL1QmDISQ3eNRARGflnhcwVF-2BlfwRG4cSgyLnmue4QEBmCfiBz" target="_blank">sought justice </a>for the disappearance and the extra-judicial killings of their loved ones through the regular courts, but successive governments have blocked progress, arguing that conflict-era cases are under the purview of transitional justice law.
“Key provisions of this bill appear to be designed to shield alleged perpetrators from prosecution for some of the most serious crimes under international law,” said Dinushika Dissanayake, Amnesty International’s deputy regional director for South Asia. “If it is rushed through &nbsp;parliament without significant changes, it cannot be the basis for a &nbsp;process that has the support of conflict victims, nor legal credibility &nbsp;at home or abroad.”
&nbsp;Forty-two conflict victims’ organisations had issued a <a href="https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUeiDyHLvaGO87Zqvj1UKs1tbbO-2FU8Z6gkBb2a0DYpj59tIGVmctxW4SWyOhklWrq3n7eyt1TDst6qQwvA8dk2SPfsJwOmKX-2FccNnzcWGyFi95PXBrfMQpDqoZij53kjeZRVscb98lXNxLDDvin8Jv0sIEO-2BWtPZWrCawlYYW6FEtd74c4v-2BbfmXY7DIL8ZuYvQ-3D-3DtIP2_Fw9I6ls453wh9AcW9OcnAOdGLtHJQWmb6iisfhwxtIrVHXOCd4VBT7bZGP2s-2FHbG9JxVKulQIyCjRDu9XnUWBhuOJZ-2BTIAC4GbOzVj7LjC7I-2FQPY6l4UxHr0M4TEpDQRHGVoZ-2FfB7KRsNoPM6Nsj-2BbwHXwfbgi-2FUxqkz4qp5XFO90WnM6Dq0NmJCvA-2F3Awb7pgkJktX5e5iI1n-2BlIWeJ-2B" target="_blank">joint statement</a> condemning the bill on 15 March, calling it a betrayal of conflict victims and a denial of their right to justice.
Read Also: <a href="https://www.nepalitimes.com/news/how-can-we-argue-that-those-victims-whose-loved-ones-disappeared-should-simply-forget">“How can we argue that those victims whose loved ones disappeared should simply forget?"</a>
The government had failed to consult conflict victims about the content of the legislation, leading victims’ groups, lawmakers, and human rights experts to identify and express concern over the draft bill after the fact in July last year. A parliamentary committee had begun necessary changes on a previous draft as a response, but the House was dissolved before the legislative proposals came to a vote ahead of the November &nbsp;2022 federal elections.&nbsp;
“Once again, Nepal’s political leaders are attempting to legislate an escape hatch for some of those responsible for serious crimes under international law,” said <a href="https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUZSUZsKQffopO3djP-2FXiLsskiG1Q6gEMW5ijTZcdpHqg1VNHdLPEKhbJiQPkGKrCUA-3D-3DhCnf_Fw9I6ls453wh9AcW9OcnAOdGLtHJQWmb6iisfhwxtIrVHXOCd4VBT7bZGP2s-2FHbG9JxVKulQIyCjRDu9XnUWBhuOJZ-2BTIAC4GbOzVj7LjC7I-2FQPY6l4UxHr0M4TEpDQRHGVoZ-2FfB7KRsNoPM6Nsj-2BbwHXwfbgi-2FUxqkz4qp5XFO90WnM6Dq0NmJCvA-2F3Awb7pgkJktX5e5iI1n-2BlIWeJ-2BSuZaj3cuf6WSa5irNKOpEuYUQzM-2FCFU96Jp8U14cdhSl-2FQtSfbiPqBCe8bTwJ29jfJQtz4dC-2BJNyMFEWVjd4A9Jk92ngcA2EnAc21CQOL-2B4w5Lq7I-2B4fhboHtaGI" target="_blank">Meenakshi Ganguly</a>, &nbsp;South Asia director at Human Rights Watch. “After over 16 years of &nbsp;trying and failing with this strategy, it should be clear to them that &nbsp;only a credible and legitimate justice process will successfully &nbsp;complete the peace process.”
Per the latest draft of the bill, crimes committed during the conflict will be investigated by the two transitional justice commissions— <a href="https://u7061146.ct.sendgrid.net/ls/click?upn=iesGENwk9ZVmCixsbOYoOPm0a2cqlI4-2BYa0QY0-2BHMSc-3D126H_Fw9I6ls453wh9AcW9OcnAOdGLtHJQWmb6iisfhwxtIrVHXOCd4VBT7bZGP2s-2FHbG9JxVKulQIyCjRDu9XnUWBhuOJZ-2BTIAC4GbOzVj7LjC7I-2FQPY6l4UxHr0M4TEpDQRHGVoZ-2FfB7KRsNoPM6Nsj-2BbwHXwfbgi-2FUxqkz4qp5XFO90WnM6Dq0NmJCvA-2F3Awb7pgkJktX5e5iI1n-2BlIWeJ-2BcF2jporiXsw31IwF-2Fo3tdwGVmqjDXnY6nyR58078mo6dC44HZktcsZdCG8vK4RWGbcD-2F7LtOMggsQEHchLk6pfIjbsm8DQAQdlgZChGcYz5CVpA-2F6Eu-2F45JewVwxLTNoaBord3WVOTwmiV8cO-2BPDLg-3D" target="_blank">Truth and Reconciliation Commission</a> (TRC) and the <a href="https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUb66BCV2uYLYQ2jN7ruMY8dk5XeoufJFAxyp6RfA0QHdNmux_Fw9I6ls453wh9AcW9OcnAOdGLtHJQWmb6iisfhwxtIrVHXOCd4VBT7bZGP2s-2FHbG9JxVKulQIyCjRDu9XnUWBhuOJZ-2BTIAC4GbOzVj7LjC7I-2FQPY6l4UxHr0M4TEpDQRHGVoZ-2FfB7KRsNoPM6Nsj-2BbwHXwfbgi-2FUxqkz4qp5XFO90WnM6Dq0NmJCvA-2F3Awb7pgkJktX5e5iI1n-2BlIWeJ-2BaVEL-2B-2Fyqvg4M8-2FDeqMM-2F-2F6Ca-2FPYErdoi3Egjr3PUSP9uV-2FUHz4d7XRWbC2VQQIIjTjoEzLjPf67yV0b21waYGKjfnIKzWPc85YN9UQL7I5HgiG5tvZ89EP0QR9Wrq31ywgsIceQzZTTBGaixZ3HCzo" target="_blank">Commission of Investigation on Enforced Disappeared Persons</a> (CIEDP)—while “serious violations of human rights” would be prosecuted in a special court.
But while crimes such as rape, enforced disappearance, “cruel or inhuman torture,” and “killing of somebody after cruel torture or killing of somebody in a brutal manner” are classified as “serious violations of human rights” — the bill excludes numerous crimes under international law— providing amnesty for murder, sexual violence “not amounting to rape”, beating and mutilation, abduction, arson, forced displacement, as well as illegal detention.
Nepal’s two transitional justice commissions have received over 60,000 &nbsp;complaints regarding conflict-era human rights and international humanitarian law violations. However, not a single investigation has been completed so far. If the amendment is fast-tracked, the commissions will only have two more years to complete pending investigations that must be tried in the special court.
As it stands, the amendment bill in its current form has no plans to establish a special investigation unit to collect evidence, does not clarify how the principle of non-retroactivity of criminal law would be in line with international law and has not explained which applicable law would be used to prosecute those involved in serious crimes. The bill also enables the government to consult the Judicial Council to appoint judges to the special court as opposed to through a &nbsp;constitutionally-required independent process.
Read also: <a href="https://www.nepalitimes.com/opinion/comment/nepal-s-transitional-justice-and-the-west-s-recalibration">Nepal’s Transitional Justice and the West’s recalibration</a>, Kanak Mani Dixit
“The victims of egregious human rights abuses during Nepal’s armed conflict have waited far too long for truth, reparations, and justice,” said <a href="https://www.nepalitimes.com/news/how-can-we-argue-that-those-victims-whose-loved-ones-disappeared-should-simply-forget" target="_blank">Mandira Sharma,</a> Senior &nbsp;International Legal Adviser at the International Commission of Jurists. &nbsp;“The government of Prime Minister Pushpa Kamal Dahal and other &nbsp;political parties in parliament should recognize that and pass the &nbsp;legislation only after revising the bill to meet victims’ needs and &nbsp;ensure respect of Nepal’s international and domestic legal obligations.”
However, &nbsp;some aspects of the current bill— such as reparation to victims previously ineligible for relief packages, as well as the right of the families of “disappeared” persons to their relatives’ property — shows progress in transitional justice, the human rights groups noted. The bill also mandates that Nepal’s Truth and Reconciliation Commission study the causes and impact of the conflict and recommend institutional reforms.

Nepal TJ Bill protects perpetrators, shortchanges survivors

Nepal’s Transitional Justice and the West’s recalibration

<img width="800" height="451" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131132/637235539c7e80680e0c497djpeg.jpg" alt=""/>Nepali human rights activists and survivors of the 1996-2006 Maoist insurgency have written to United Nations Secretary-General António Guterres alerting him to ‘multiple flaws’ in a transitional justice amendment bill before Nepal’s Parliament.The letter was handed over to the UN Resident Coordinator in Nepal Richard Howard on Monday in Kathmandu, one day before the International Day of the Victims of Enforced Disappearances on 30 August. A copy of the letter was also given to Michelle Bachelet Jeria, the UN High Commissioner for Human Rights.The Comprehensive Peace Accord of 2006 envisaged setting up a <a href="https://www.nepalitimes.com/opinion/no-closure-after-nepals-insurgency/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/opinion/no-closure-after-nepals-insurgency/&amp;source=gmail&amp;ust=1661934213834000&amp;usg=AOvVaw0gT_QRHglKZGU7wjxZeoZm">transitional justice mechanism</a> with the formation of a Commission for the Investigation of Enforced Disappeared Persons and a Truth and Reconciliation Commission. The commissions were finally formed in 2014, but have <a href="https://www.nepalitimes.com/latest/stop-stalling-transitional-justice-global-human-rights-bodies/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/stop-stalling-transitional-justice-global-human-rights-bodies/&amp;source=gmail&amp;ust=1661934213834000&amp;usg=AOvVaw3BQNmw2JY2EtTKZ9hfL2bK">lacked teeth</a> because former enemies have served together in coalition governments that have tried to brush war-time atrocities under the carpet. Read  also: <a href="http://archive.nepalitimes.com/article/nation/dead-and-dying,3955">The dead, and the dying</a>, Om Astha RaiThe Commission on Enforced Disappearances did draw up a list of 1,334 people who have been missing since the conflict ended in 2006. Less than half of the families of those disappeared by both sides have received compensation.But, more importantly, most have not been told the truth about whether their relatives are dead or alive, why they were taken away, or where their bodies are. Most families have been living for the past 16 years without closure.The government had been stalling on implementing a Supreme Court ruling to amend the 2014 transitional justice law, but got the human rights activist turned Minister for Law and Constitutional Affairs Govinda Sharma Bandi last month to present an amendment bill in Parliament.Human rights activists and conflict groups have held street demonstrations against the proposed bill, <a href="https://www.nepalitimes.com/opinion/transitional-injustice-in-nepal/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/opinion/transitional-injustice-in-nepal/&amp;source=gmail&amp;ust=1661934213834000&amp;usg=AOvVaw3yY1dq5VJPT-IyGX1Pigr2">which they say is perpetrator-friendly</a>, and would grant amnesty to those responsible for war crimes by both sides during the conflict. Minister Bandi serves in a government led by the Nepali Congress which was in power for most of the conflict years, their coalition partners from the Maoist party which was waging an armed struggle. <img width="1554" height="1468" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131132/637235559c7e80680e0c497ejpeg.jpg" alt="">Both parties now find themselves on the same side, and appear to have colluded to ensure that the draft bill will allow state security forces and guerrilla commanders who are now in government to not be answerable for torture and disappearances, summary executions, rape and other heinous crimes.The letter to the UN Secretary-General seeks his good offices to ensure that changes be made to the draft bill so that families and victims receive truth and justice. It reminds the Secretary-General that the United Nations has been a meaningful partner in Nepal’s peace process, which makes it surprising that the respective Special Rapporteurs, the OHCHR and other UN entities have not publicly reacted to the transitional justice bill.The letter states that the transitional justice bill does not follow the ruling of Nepal’s Supreme Court and goes against international law. It draws attention to the re-definition and distinction between ‘murder’ and ‘cruelly conducted murder’ in the bill, as well as the issues of child soldiers, torture and wartime rape.‘The amendment bill is designed to provide de facto immunity to perpetrators of both sides,’ the letter states, adding, “we hope that the United Nations will remain engaged on the matter.’UN Resident Coordinator Richard Howard assured the meeting of human rights conflict victims’ groups (pictured) that the United Nations remained committed to values inherent in the transitional justice process.Read also: <a href="https://www.nepalitimes.com/banner/forgetting-to-remember/">Forgetting to remember</a>, Sahina ShresthaThe letter was signed by Gauri Sankhar Lal Das and Sushil Pyakurel (former commissioners of National Human Rights Commission), Kul Chandra Gautam (Former Assistant Secretary General of the United Nations, Min Bahadur Shahi (Human Rights Alliance), Nani Maya Thapa (NGO Federation of Nepal), Suman Adhikari (Conflict Victim Orphan Society Nepal) and Maina Karki (Conflict Victims’ Common Platform), among others.It also included victims’ groups, including the Army Single Women and Injured Families Group, Conflict Victims’ Society for Justice, Amar Prahari Pariwar, Conflict Victims’ National Alliance, Discharged People’s Liberation Army Nepal.Read more: <a href="https://www.nepalitimes.com/opinion/transitional-injustice-in-nepal/">Transitional injustice in Nepal</a>, Kanak Mani Dixit

Nepali activists write to UN Secretary-General

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131124/637233819c7e80680e0c48e6jpeg.jpg" alt="" width="1500" height="1000"/><figcaption>Illustration: SUBHASH RAI/NEPALI TIMES</figcaption></figure>Eighteen years after the end of Nepal's Maoist conflict, and eight years after the Supreme Court ruled that a law on transitional justice was inadequate, the coalition government last month finally registered a bill to amend it.But human rights experts say the draft fulfilled neither the aspirations of victims, nor international law. The proposed amendment to the Commission of Inquiry on Enforced Disappearances, Truth and Reconciliation Commission Act 2014 still provides amnesty to perpetrators.“Starting the amendment process after so long, and consultations held in the seven provinces were positive steps that gave victims and their families a ray of hope,” says Raju Prasad Chapagai, a constitutional and human rights lawyer. “But the draft bill fails to address their demands for truth and justice.”In its 2015 ruling, the Supreme Court ordered a revision of the Act to ensure that heinous crimes like rape, extrajudicial killings, torture and enforced disappearances could not be pardoned. Since then, successive governments have challenged that ruling and stalled the transitional justice process.The draft bill does include the right to reparation and interim relief for victims, and gives the two commissions truth-seeking mandates. But activists say it makes an absurd distinction between murder and brutal murder, and stipulates that the verdict of the Special Court cannot be appealed.Read Also: <a href="https://www.nepalitimes.com/latest/nepals-unpunished-war-crimes/">Nepal’s unpunished war crimes</a>, Sabita Adhikari“War crimes cannot be selectively categorised to bypass criminal accountability,” states Chapagai. “Also, the right to appeal is one of the minimum standards of human rights norms. The clause is arbitrary as accused from both sides may need to appeal their cases.”As per the draft bill, the transitional justice commissions will have to make recommendations to the Attorney General’s office to start prosecution, which will then forward the cases to a Special Court, which in turn is supposed to come to a decision within six months.Legal experts say that the six month interval is not enough for proper investigation. Apart from letting down families of victims and survivors, what surprised activists was the way the amendment bill was registered on 15 July.“It was wrong of Minister for Law and Constitutional Affairs to hurriedly register the bill in the middle of the night,” says Lily Thapa of the National Human Rights Commission (NHRC).“Violations should not have been categorised, and heinous crimes must be investigated and tried,” she adds.Read Also: <a href="https://www.nepalitimes.com/opinion/no-closure-after-nepals-insurgency/">No closure after Nepal’s insurgency</a>, Mandira Sharma and Mohna AnsariFamilies also worry that with the Maoists now in the governing coalition with their erstwhile enemies the Nepali Congress, justice may never be served. They are also surprised that the bill was registered by Minister Bandi, who was once a transitional justice activist and supported their cause.“What is the point of registering an amendment bill if the grievances and demands of the victims are not addressed?” asks Thapa.Former NHRC head Sushil Pyakurel says one has to take into account the intentions of the coalition leadership to understand the timing of the draft bill.“Even since entering politics in 2006, the Maoists have never had to admit to any wrongdoing or express remorse for their crimes. They have always thought of themselves as the victors,” Pyakurel says.In 2001, it was Prime Minister Sher Bahadur Deuba’s government that declared a nation-wide emergency and mobilised the Royal Nepal Army to fight the Maoists led by Pushpa Kamal Dahal.Read also: <a href="https://www.nepalitimes.com/banner/impunity-through-immunity/">Impunity through immunity</a>, Raju Prasad ChapagainToday, Deuba is prime minister again and his close coalition ally is Maoist leader Pushpa Kamal Dahal, a former nemesis. The Army and two police forces are also accused of numerous wartime atrocities.“Both Dahal and Deuba are trying to brush war crimes under the carpet, and that is what brings the two former enemies together,” explains Pyakurel. "Neither wants to express remorse and admit that atrocities were committed."Nepal’s transitional justice process was supported by the Europeans and Americans, but with the weakening of the West and the rise of next door India and China there is less pressure to follow through on transitional justice.Says Pyakurel, “Having two powerful countries as neighbours is both a blessing and a curse for Nepal. Neither are strong proponents of human rights, but Nepali victims of conflict need justice and closure.”Go <a href="https://www.nepalitimes.com/opinion/transitional-injustice-in-nepal/">online</a> for Kanak Mani Dixit's detailed analysis of the draft amendment, Transitional Injustice in Nepal.