Nepal: Türk welcomes adoption of transitional justice law, calls for victim-centred implementation

GENEVA (22 August 2024) – The adoption of new transitional justice legislation in Nepal marks an important step in the nation’s long journey towards accountability and reconciliation, UN Human Rights Chief Volker Türk said today.

“Eighteen years since the end of the decade-long conflict, and after several previous attempts to finalise such legislation, victims of human rights violations are now closer to knowing the truth, accessing justice, and obtaining reparations,” Türk said. “This process will also help strengthen guardrails to prevent anything like this from ever happening again.”

The amendment bill on the Investigation of Enforced Disappeared Persons, Truth, and Reconciliation Commission Act, which was passed by the National Assembly on Thursday, aims to ensure truth and accountability for serious human rights violations committed by all parties during Nepal’s civil war. The commission will also oversee mediation and reconciliation efforts, and make recommendations to the Government to provide reparations, relief, and support to the victims and their families.

At least 13,000 people were killed and 1,300 went missing between 1996 and 2006 during the internal conflict between the Royal Nepal Army and the Communist Party of Nepal. The UN Human Rights Office documented unlawful killings, enforced disappearances, torture, arbitrary arrests, sexual violence, war crimes and crimes against humanity by both parties. The conflict ended with a peace agreement, in which the parties committed to establishing the truth and ensuring the victims receive both justice and reparations.

“I welcome the adoption of this revised law as an important step forward, even if some provisions leave gaps and ambiguities. It is imperative that the legislation is interpreted and implemented in a manner that upholds victims’ rights, including to truth, justice and reparations and that guarantees accountability in full compliance with international human rights standards," said Türk.

“It will be essential for the Nepalese authorities to ensure the full and meaningful participation of the victims and affected communities at every stage of the process,” he said.

The High Commissioner also called for transparency and inclusivity in the appointment of the new commission’s members, to ensure their independence, impartiality and competence.

“Nepal has become a regional and global example of a successful peaceful transition towards democratic, constitutional, and federal governance,” Türk said. “My Office stands ready to assist the Government and people of Nepal in taking this crucial phase of the peace process forward.”

“Transitional justice is a powerful instrument to break cycles of violence and impunity, and a unique opportunity to revisit some of the rooted inequalities and discrimination that led to the conflict.”