Nepal’s perspective: From transitional justice to climate justice

KP Sharma Oli

I start by sharing how honored I feel to address John F Kennedy Jr. Forum at Harvard today. I extend my deepest appreciation to the President of the University, for the generous invitation and excellent arrangements for this event. I feel singularly privileged to stand in this enormous temple of knowledge and wisdom. With all modesty, I stand here to share Nepal’s perspective on transitional justice and climate justice.

First, let me delve into the issue of transitional justice in Nepal.  

As you may know, our country suffered a decade-long armed violence from 1996 to 2006 which resulted in around 17,000 deaths of Nepali people. But we have since come a long way from it, which started with the signing of a Comprehensive Peace Accord between the rebels and the government in 2006. 

Following the Accord, we first held an election to the constituent assembly in 2008 to write a new constitution. However, the disagreements in the assembly resulted in its dissolution without adopting a new constitution. Even then, the first constituent assembly undertook a consequential action--turning Nepal from an autocratic kingdom to a democratic republic by abolishing 240 years long monarchy. The country has also been transformed from unitary to federal state.

The second constituent assembly, elected in 2013, promulgated a new constitution in 2015, solidifying previous gains made in the field of restructuring and democratizing the state. The constitution marks the culmination of our nation’s struggles for democracy that started in the 1950s.  The constitution guarantees a competitive multiparty democratic system of governance, civil liberties, fundamental rights, human rights, full freedom of the press and concept of the rule of law with a view to building an inclusive and prosperous nation. 

In a nutshell, our constitution comprehensively addresses the underlying drivers and catalysts of conflict through substantial social, political and economic reforms. This is a brief scenario of Nepal’s peace process and political transformation. Transitional justice is an integral part of our peace process.

Although transitional justice has remained on the backburner for several years, it was not forgotten. An attempt has been made to resolve this protracted issue of transitional justice. Back in 2015, we established two transitional justice mechanisms, namely, Truth and Reconciliation Commission, and Commission on Enforced Disappeared Persons. The Truth and Reconciliation Commission alone collected nearly 67 thousand complaints from all over the country and even settled some of them. 

But due to the frequent changes in the government, the issue of transitional justice was delayed for some 18 years after signing of the peace Accord. Now, my government has been formed in a coalition of major two parties of Nepali politics not only to give stability but also to better deliver to Nepali people. These two political parties have a long history of leading the people for their freedom and prosperity. 

In this context, I am happy to share that immediately after the formation of my government, the Transitional Justice bill was passed by the parliament with near consensus. This time, my government is determined to conclude the issue of transitional justice once and for all.

I want to assure you that the process of transitional justice will protect victims’ rights and interests, including legal remedies. It will involve seeking truth, providing reparation, and bringing perpetrators of serious crimes to justice. No blanket amnesty will be given. 

Nepal’s peace process is a nationally led and nationally owned unique process. Unique in the sense that all political parties from the left and right came together and concluded the ‘Peace Accord’. As we move to the last mile tasks of the peace process, we welcome support and encouragement from the international community including our partners in the process for effective implementation of the TJ Act.

We are determined to conclude TJ process to heal the wounds and scars of the conflict period and help the entire society move forward with a sense of reconciliation, peace and harmony. In fact, Nepal is inherently a non-violent, tolerant and peaceful society as it is the birthplace of Gautam Buddha, an apostle of peace.

Now, let me turn to the subject of climate justice.

Our Mother Earth is in the ‘Goldilocks zone’ in terms of Earth’s distance to the Sun.  As the right atmosphere had evolved in the subsequent period, life came to existence on earth. The making of this process took several billion years. Long story short, today, we descendants of ‘Homo sapiens’ rule the surface of the planet earth.

What we know now is that the last two hundred years’ anthropogenic activities have been rendering irreparable damage to the natural ecosystem and atmosphere of our mother earth thereby leading to the destruction of billions of years of evolution in no time.  Axiomatically, it will invite the extinction of life on earth.

Now, the whole world is suffering. But the least developed countries are suffering the most as they do not have resources and technologies to manage adverse impacts of climate change. Moreover, while we have just started to make initial steps for economic development, the problem of global warming and climate change has come our way with increased incidence of disasters. It came to us from the outside world, far from our borders. The cumulative impact of hundreds of years of burning of fossil fuels have largely created these catastrophic problems. 

This is a gross injustice meted out by the advanced industrialized economies with their centuries of exploitation of nature and emissions of greenhouse gas that are largely responsible for the global ecological harms, endangering our very existence. Against this fact, it is entirely rational to call for climate justice. And for us, climate justice is plain and simple: those who pollute the environment have to pay proportionately. Developed countries and major economies must take proportionate responsibility to support developing nations for climate actions, through adequate resources and technology transfer. The major emitters must lead from the front in healing and rehabilitating Mother Nature, reducing the reliance on fossil fuels. The establishment of a “Loss and Damage” fund in the recent UN Climate Change conference was a positive step in recognizing the principle of climate justice, whereby those most responsible for emissions should cover the damages.

If we truly believe in democracy and justice at a global level, then wealthy nations who are responsible for climate damage must compensate for the loss and damage of essential infrastructures and livelihoods of people in vulnerable countries.

The stakes are nothing less than our collective existence. The world cannot continue with a wrong model of carbon intensive development. We must take proportionate actions to limit global warming and climate change, preserve nature, transition to greener economies and embrace a sustainable path forward. We are in the same boat. If we don’t work together to keep it afloat, we will sink together. 

My country Nepal has set an ambitious goal of reaching net zero by 2045, five years ahead of the global target.

Despite being one of the lowest emitters of greenhouse gasses, Nepal is one of the most climate vulnerable countries. We have become a barometer of climate change.

Nepal has hugely been contributing to the health of our planet through its forests, mountains and rivers. Yet, despite these efforts, we continue to bear the brunt of climate change, created largely by the actions of industrialized nations.

Our mountains play a crucial role in regulating the climate and ecosystem of oceans and mountains, with their snow-fed rivers flowing down to the oceans. Nepal’s Himalayas, as a natural climate stabilizer, help maintain a cooling system in a region situated in the hottest zone of the planet between the tropics of Cancer and Capricorn.

But our Himalayas are losing their ice at an alarming rate endangering the lives and livelihood of billions of people based on the river system originated from the Himalayas. 

Neither the heat of the hottest regions nor the ice of the cold poles caused this destruction. It is humanity that has harmed nature, and in turn, nature is contributing to the climate crisis. Therefore, it is our responsibility to protect nature, and in doing so, we must preserve our mountains and forests.

I conclude by stating the obvious: the climate crisis is an unprecedented crisis that engulfs the entire planet. Therefore, it requires commitments, solidarity and collective action on an unprecedented scale.

Thank you for your attention.

Remarks by the Prime Minister Oli in John F Kennedy Jr Forum at Harvard University