Transitional Justice in Nepal: Some Observations

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Transitional Justice in Nepal Some Observations

• Presentation by
• Surya Dhungel
• (15 December 2006)

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• Transitional Justice (TJ) is a link between
• - Transition
• - Justice (i.e. justice during transition)
• TJ refers to a field of activity and inquiry
  focused on how societies address
• - legacies of past human rights abuses,
• - mass atrocity, or other forms of severe
  social
• trauma,
• - genocide or civil war
• The main objective is to build a more democratic,
  just or peaceful future

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• Characteristics
• First, it includes the concept of justice (but
  depends mainly on international legal principles)
• Second, it is transitional, which refers to a
  major political transformation, especially regime
  change from authoritarian or repressive rule to
  democratic or electoral rule.
• Or, a transition from conflict to peace or
  stability.
• Third, it is a complementary mechanism and thus
  does not aim to replace national justice
  mechanisms.
• Fourth, contributes to accountability, an end to
  impunity

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• Approaches
• Prosecution of perpetrators (domestic, hybrid
  or international tribunal)
• Truth Commission (discovering the truth of
  past abuses, victims testimonials)
• Reparations (includes economic compensation or
  rehabilitation)
• Reconciliation (healing process, forging
  peaceful coexistence, acknowledgement and
  apology by perpetrators)
• Reforming institutions (reforming security
  system through vetting)
• Memorials and museums (to remember and honour
  victims)
• Accounting gendered patterns

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• Developments/Evolution
• Argentina (1983/84)
• National Commission for the Investigation of
  Disappeared Persons
• Mandate To document past human rights abuses
• Period 1976-1983
• Victims several thousand
• Chile (1990/1991)
• National Commission for Truth and Reconciliation
  (8,960 cases presented)
• Mandate To document past human rights
  violations, and propose measures for reparation
  and prevention
• Period 1973-1990
• Victims 4,000

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• El Salvador (1992/1993)
• The Commission on Truth for El Salvador
• Mandate To document past human rights
  violations and
• propose binding reform
  measures
• Period 1980-1991
• Victims/Perpetrators 7,000
• Gautemala (1994/1999)
• Commission for Historical Clarification
• Mandate To document past human rights
  violations and
• reconciliation
• Period 1962-1996
• Victims 8,000

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• Peru (2001-2004)
• Truth and Reconciliation Commission
• Mandate To examine facts, process and
  liabilities of terrorist
• violence and human rights
  violations
• Period 1980-2000
• Victims 69,280
• Sierra Leone (2002-2004)
• Truth and Reconciliation Commission
• Mandate To create historical record and address
  impunity
• Period 1991-1999
• Victims 75,000

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• South Africa (1995-1998)
• Truth and Reconciliation Commission
• Mandate To document past human rights
  violations,
• propose measures for reparation
  and prevention
• Period 1960-1994
• Victims 21,000 and number of cases presented
  38,000

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• Nepals Case
• Examples Mallik Commission
• Rayamajhi Commission
• Mandate Record cases of human rights violations
  and other atrocities, including financial abuses
• Result No action

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• Comprehensive peace Accord (22 November 2006)
• Proposed
• Peace and Rehabilitation Commission
• Truth and Reconciliation Commission (to
  conduct
• investigation on gross violation of human
  rights abuses
• at the time of conflict, on crime against
  humanity, and to
• create a situation of reconciliation in the
  society)
• Impunity (Amnesty Clause)
• 5.2.7 Both parties guarantee to withdraw
  accusations, claims, complaints and cases under
  consideration leveled against various individuals
  due to political reasons.

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• Limits of Truth Reconciliation Commission (TRC)
  and Issue of Impunity
• TRC When, why and how?
• Challenges and Prospects
• Mandate
• Support of the Government and political forces
• Civil Society involvement
• Nature and composition of the TRC and formation
  process
• Period to cover
• What about cases of serious human rights abuses
  and
• grave crimes against humanity
• Amnesty
• Resources (human and financial)
• Support of international community
• Linkages of TRC with Peace Rehabilitation
  Communions

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Thank you for joining me in this session