Two dozen civil society organizations working on human rights, justice and accountability have said that due to the lack of proper consultations with civil society organizations, the transitional justice process in Nepal faces a serious legitimacy crisis.
A key example is the recent appointment of officials to the two transitional justice commissions, which has, in general, failed to establish credibility, they said in a joint statement.
It is our considered view that the manner in which the appointments have been made cannot advance this complex and sensitive process in a just and trustworthy manner, the statement says.
“We also unequivocally assert that ignoring, dismissing or showing persistent intolerance toward longstanding legitimate concerns of victims and attempting to create and exploit divisions among them is yet another attempt to continue derailing the transitional justice process,” the statement reads.
According to them, this process can only move forward if it earns the trust of the victims’ community. Otherwise, public confidence in the state will further erode, and debates around transitional justice will shift elsewhere—potentially toward alternative transitional justice models such as a Citizens’ Truth Commission or a hybrid mechanism.
The sudden publication of a notice to collect complaints—without any regard for the sensitivity of victims of rape and sexual violence, their psychosocial condition, socioeconomic barriers, privacy and dignity—followed by the state’s failure to respond sensitively even after these serious concerns were raised by the victims and rights holders’ groups has raised concerns over credibility, the statement reads.
Disrespectful statements by Commission officials attacking the self-esteem and dignity of the victims and the absence of any attempt to restore meaningful consultation with victims, all the while strategically pushing for a mechanical approach—all send a clear message: that the commissions formed without credible appointments cannot earn legitimacy, nor can they be effective or meaningful. Instead, they will only be a repetition of past blunders and waste the country’s precious resources and time, the statement says
The organizations have urged the Government of Nepal to immediately take the necessary initiative to engage in dialogue, consultation and deliberation with the victims’ communities who have repeatedly expressed their disagreement with the way appointments were made, in order to identify an appropriate solution and restore the legitimacy of the transitional justice process.
They also urged the international community and the United Nations not to provide any financial or technical assistance, as in the past, to the government and/or the TJ commissions that have lost legitimacy until and unless the government reverts the process back to the right track from the very point where an environment of lack of trust and confidence with the victims arose, and as long as there is no guarantee of putting the victim communities, their self-esteem, participation, ownership and satisfaction at the heart of the process.