Rule of LawCountry-Specific Projects: NepalSince 2005, USIP has worked with civil society and police on rule of law and security issues through projects on the ground in Nepal. Additionally, the Institute has organized public events, seminars and political briefings in Washington on important rule of law and human rights issues related to Nepal, and has published reports intended to inform policymakers, practitioners and civil society groups in and out of Nepal on issues related to security and the rule of law. BackgroundAfter more than 200 years of monarchical and autocratic rule in Nepal, a popular movement launched in 1990 resulted in the creation of a constitutional monarchy and multi-party democracy. While the country experienced its first democratic elections in 1990, there was only fragile stability as corruption and social and economic inequities continued. In 1996, the Maoists launched a war that resulted in a decade of armed conflict and some 13,000 deaths. Citing the ongoing conflict and the government’s inability to end it, the King seized absolute power in 2005, resulting in a state of emergency and suppression of civil and political rights. In 2006, civil society and the political parties organized opposition to the King’s rule, which led to a second democratic movement. In the face of daily demonstrations, the King gave up absolute rule. A political party alliance then came together to form an interim government. Following these events, the government and the Maoists entered into a peace agreement, an interim constitution was signed, the Maoists entered the government and Constituent Assembly elections were scheduled. Although the past year and a half has resulted in positive changes, Nepal continues to face significant challenges as it works toward a peaceful democracy and stability. Constituent Assembly elections have been postponed twice. The unity of the government has suffered. There is a lack of trust among the parties and they struggle to reach a consensus on a number of key political, social and economic issues facing the country. In addition, Nepal struggles with a weak justice system and legal framework, continuing Maoist violence and extortion, the development of numerous armed and violent groups, an increasing number of criminal elements and marginalization of certain groups based on their ethnicity, caste, and other factors. As Nepal works to transition into a peaceful nation, rule of law and security remain key components of the ongoing peace process. USIP’s Rule of Law Program supports Nepal in its transition by focusing on three areas:
Strengthening Security and the Rule of Law in NepalCivil Society and Police Dialogue Sessions From February to August 2007, USIP organized a series of dialogue sessions between civil society and police in Nepal. The sessions took lace in Kathmandu and across six districts of the Terai region of Nepal, and involved representatives from a total of 21 districts, including 125 police personnel, 144 civil society members and 56 government and political party representatives from ten political parties. The districts selected were chosen because they have faced security threats in the recent past or were vulnerable to such threats in the future. Factors considered included location of Maoist cantonment sites and refugee camps, poverty, activity of armed movements, religious diversity, and being at risk or having recently experienced violence and crime. The sessions focused on challenges to security in states in transition and guiding principles for developing security strategies. They were forums for constructive dialogue between civil society and police. They provided space for participants to share their perspectives on security, begin communication and relations between police and civil society, and to identify recommendations to share with policymakers for consideration and possible action.  USIP President Richard Solomon, second from left, and Colette Rausch, fourth from left, with the Nepal police delegation. Participants included both junior and senior police officers and representatives from the development, media, women’s rights and human rights communities, as well as academia, business, Janjati, Dalit, Kamaiya (bonded laborers), Madhesi, Muslim and other indigenous groups. During debriefing sessions, political parties and the Chief District Officers participated. After meeting separately to identify challenges and recommendations, members of civil society and police met jointly to identify agreed upon challenges to, and recommendations for, strengthening security and the rule of law in Nepal. This resulted in a list of “joint outcomes” what was shared during a debriefing session with political party representatives and, at the district level, the chief district officers. The findings of these dialogues were released in a report entitled Nepal in Transition: Strengthening Security and the Rule of Law (  The panelists from the September 27 event/release of the final report. From left: Kapil Shrestha, Hem Bahadur Gurung, Yagya Murti Banjade, Lord John Alderdice and USIP's moderator, Shobhakar Budhathoki. The following is a list of panelists present at the release of the final report.
Security Sector Reform and the Role of Civil Society USIP hosted a series of interactive sessions in Kathmandu in August and September 2006 on Security Sector Reform (SSR), Disarmament, Demobilization, and Reintegration (DDR), and the Role of Civil Society. During the sessions, the participants created an action plan and decided to form a Peace and Security Network and appointed a coordinator. In addition to the sessions, individual consultations took place between the sessions’ facilitators and participants.
 Transitional JusticeRoundtable discussions on international practices and experiences In response to the need for more information on international practices and experiences about transitional justice, the United States Institute of Peace organized a series of roundtable sessions in Nepal. The first sessions were held in May 2006 with the Nepal-based NGO Informal Service Sector (INSEC). The discussions focused on the various options other countries have used to address past human rights abuses and establish accountability and reconciliation. Then sessions were held in July 2007 to look specifically at other countries' experiences with truth commissions and how they relate to other aspects of transitional justice, such as reparations, remembrance, and prosecutions. The roundtable sessions took 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. Each roundtable included a presentation on various mechanisms to address past abuses, the showing of a new documentary, Confronting the Truth: Truth Commissions and Societies in Transition, produced by York Zimmerman Inc., in association with USIP and the International Center on Nonviolent Conflict (ICNC), and a discussion on the prospects for transitional justice in Nepal.
Practical Tools and ResourcesUSIP has provided a variety of practical tools and resources to civil society, justice sector actors, political party representatives and government officials. This has included the following:
The following is a listing of additional resources on Nepal:
ContactFor more information on Rule of Law projects in Nepal, please contact Colette Rausch via email at crausch@usip.org. |
Read +1.202.457.1700 (phone) - +1.202.429.6063 (fax)
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