Justice for the disappeared: Why Nepal must ratify the ICPPED

The Maoist insurgency in Nepal, also known as the People’s War, led to widespread human rights abuses by both the Maoist rebels and the government forces. Enforced disappearances were a common tactic used during this period, with numerous individuals abducted and never seen again. According to reports from various human rights organizations, including the United Nations, hundreds of cases of enforced disappearances occurred during the conflict. The families of the disappeared have been left in a state of perpetual uncertainty and grief, without any information about the fate or whereabouts of their loved ones.

The Comprehensive Peace Accord (CPA) of 2006 was an agreement that ended the civil war and laid the foundation for peace and reconciliation in Nepal. Among its various provisions, the CPA emphasized the need to address human rights violations committed during the conflict, including enforced disappearances. It pledged to establish mechanisms for truth-seeking, reconciliation, and justice, including the formation of Truth and Reconciliation Commission (TRC) and Commission on Investigation of Enforced Disappeared Persons (CIEDP).

Despite these commitments, the progress in addressing the issue of enforced disappearances has been slow and inadequate. The TRC and CIEDP were only established in 2015, nearly a decade after the signing of the CPA, and have faced numerous challenges, including political interference, lack of resources, and limited mandates. As of now, many families of the disappeared are still awaiting answers and justice.

The Supreme Court of Nepal has played a crucial role in addressing the issue of enforced disappearances. In a landmark decision in 2007, the Court ordered the government to criminalize enforced disappearances and establish a commission to investigate such cases. This decision underscored the need for legal reforms and accountability mechanisms to address enforced disappearances in accordance with international standards.

Subsequent Supreme Court rulings have reiterated the importance of ensuring justice for victims of enforced disappearances. For instance, in 2015, the Court struck down several provisions of the TRC and CIEDP Act, which were deemed inconsistent with international human rights norms, particularly concerning amnesty provisions for serious human rights violations. The Court emphasized the necessity of prosecuting perpetrators of enforced disappearances and providing truth and reparations to victims’ families.

Nepal’s 2018 penal code made enforced disappearance a criminal offense under domestic law for the first time. Nepal has taken some steps towards addressing enforced disappearances through national laws and commissions. The Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act of 2014 established the TRC and CIEDP with the mandate to investigate conflict-era human rights violations and recommend actions for reparations, prosecutions, and institutional reforms. However, these commissions have been criticized for their inefficacy and lack of independence.

The CIEDP, in particular, has struggled to fulfill its mandate. As of 2024, A total of 3,288 complaints have been submitted to the Commission of Investigation on Enforced Disappeared Persons. It has yet to complete its investigations into the thousands of cases submitted by victims' families. The slow pace of investigations and the lack of concrete outcomes have undermined public confidence in the commission. It also highlighted the need for stronger legal and institutional frameworks to address enforced disappearances effectively.

 

ICPPED: A path forward

The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), adopted by the United Nations General Assembly in 2006, is a comprehensive international treaty aimed at preventing enforced disappearances, ensuring accountability, and providing justice and reparations to victims and their families. It establishes the right of individuals not to be subjected to enforced disappearance and the right of victims and their families to know the truth about the circumstances of enforced disappearances and the fate of the disappeared persons.  

Why should Nepal ratify ICPPED?

Enhancing accountability and justice: The ICPPED requires state parties to ensure that enforced disappearances are investigated thoroughly and perpetrators are brought to justice. Ratifying the convention would impose a legal obligation on Nepal to prosecute those responsible for enforced disappearances, regardless of their political affiliation.

Improving institutional capacity: Compliance with the ICPPED would likely lead to increased international support and cooperation, including technical assistance and capacity-building initiatives. Such support could enhance the operational capacity of the TRC and CIEDP. 

Providing a framework for reparations: The ICPPED outlines the rights of victims and their families to receive reparations, including restitution, compensation, rehabilitation, and guarantees of non-repetition. Ratifying the convention would reinforce Nepal’s commitment to addressing the needs of victims comprehensively. This would include not only financial compensation but also measures for psychological and social rehabilitation, which are crucial for the healing process.

Promoting transparency and public trust: Ratification of the ICPPED would require Nepal to adopt measures ensuring transparency in the handling of enforced disappearance cases. This includes maintaining accurate records, providing information to families, and making investigation findings public. Greater transparency would help restore public trust in the TRC and CIEDP, as well as in the broader justice system. 

Aligning with international standards: By ratifying the ICPPED, Nepal would align its domestic policies with international human rights standards. This alignment would enhance Nepal’s international standing and demonstrate its commitment to upholding human rights. It would also facilitate cooperation with international bodies and other countries in addressing enforced disappearances, including in the areas of extradition, mutual legal assistance, and sharing of best practices.

Ratifying the International Convention for the Protection of All Persons from Enforced Disappearance is not merely a symbolic gesture for Nepal; it is a necessary step towards addressing a painful chapter in its history, ensuring justice for victims, and upholding the rule of law. Given the historical context of enforced disappearances during the conflict, the commitments made under the Comprehensive Peace Accord, the existing national laws and commissions, and the directives of the Supreme Court, Nepal has both the moral and legal imperative to ratify the ICPPED. Doing so would strengthen its legal frameworks, enhance accountability, provide closure to victims’ families, uphold international human rights obligations, and fulfill its commitments to peace and justice.