Transitional Justice in Nepal
part of the Rule of Law, Transitional Justice
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Transitional Justice in Nepal: A Look at the International Experience of Truth Commissions
September 2007
Amid the run-up to the Constituent Assembly elections scheduled for November, Nepal's government has prepared a Truth and Reconciliation Commission Act. The Truth and Reconciliation Commission (TRC) is the most prominent of several commitments made during the peace process to promote transitional justice following Nepal's more than 10-year civil war.
USIP's engagement with transitional justice in Nepal focuses on technical advice to the Ministry of Peace & Reconstruction regarding the draft Truth Commission Act and public dialogue centered around screenings of the USIP documentary Confronting the Truth: Truth Commissions and Societies in Transition.
USIP responded to a request by the Ministry of Peace & Reconstruction with a technical review of the draft Truth Commission Act in 2007–2008. The Peace Ministry has incorporated into the text of the act many recommendations made by international organizations, including USIP, as well as recommendations given to the Ministry during the public consultation process. The draft act is still being debated, and USIP continues to assist the ministry with legislative advice.
USIP has also contributed to the transitional justice debate in Nepal by facilitating public discussions about the role of truth commissions, accountability measures, reparations, and other reconciliation mechanisms. Beginning in May 2006, the United States Institute of Peace organized a series of roundtable sessions with local partners, the international community, and the government.
Many of USIP's discussions have focused on the various options other countries have used to address past human rights abuses and establish accountability and reconciliation. Roundtable sessions have taken place in Nepal's capital of Kathmandu, as well as in Banke, Bardiya, and Dang districts in the mid-western region, the most affected region during the conflict. Participants included victims of the ten-year armed conflict, civil society, the media, and government and political party representatives.
In addition, USIP has facilitated numerous screenings of the USIP documentary, Confronting the Truth: Truth Commissions and Societies in Transition, which details the experiences of truth commissions in South Africa, Peru, East Timor, and Morocco. The video has been dubbed into Nepali, and Hundreds of representatives from civil society, media, underrepresented groups, police, and government have viewed the film and participated in discussions about how the lessons from other countries may apply to prospects for transitional justice in Nepal.
Along with the screenings, USIP has provided additional educational materials to increase understanding of options and models, including an introductory primer on transitional justice mechanisms. 2,000 Nepali-language copies have been distributed to screening participants and partner organizations.
Efforts to continue fostering community level dialogue and involvement in the deliberations are ongoing, and USIP continues to work with the Peace Ministry to provide information on how other countries' experiences could be useful for Nepal.