Transitional justice bill faces scrutiny

On Aug 14, the House of Representatives (HoR) endorsed the third amendment to the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act—a significant step toward addressing the cases of human rights violations that took place during the decade-long conflict.

Following the HoR’s approval, the bill is now with the National Assembly (NA) awaiting another endorsement, after which it will be presented to President Ram Chandra Poudel for final authentication. The government aims to complete this process within the next few days, paving the way for new appointments to the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons—two transitional justice bodies established 10 years ago.

For a long time, major political parties had differing views on some provisions of the bill, but the Nepali Congress, CPN-UML, and CPN (Maoist Center) now claim to have reached an agreement. All parties in Parliament supported this consensus. However, conflict victims have begun voicing concerns about the new deal. Without their support, the transitional justice mechanisms may struggle to achieve meaningful progress.

While the agreement among the three major parties is a positive development, it does not guarantee that the two commissions will be able to address the approximately 65,000 complaints filed by conflict victims. Experts also caution that it could take years to investigate all the cases and deliver justice.

US Ambassador to Nepal Dean R Thompson was among the first diplomats to welcome the bill. “Pleased to see the transitional justice bill passed by the House of Representatives. Congratulations to the people of Nepal. This is a meaningful moment in Nepal’s journey to shaping its own peaceful, prosperous, resilient, and democratic future,” he wrote on X.

UN Resident Coordinator to Nepal Hanaa Singer-Hamdy also expressed support for the bill through her X post: “Endorsement of TJ bill is a crucial step in completing the peace process. This milestone brings victims closer to truth, justice, and reparations. It is imperative to engage victims at all stages of its operationalization. As a partner for peace, the UN stands ready to support.”

Veronique Lorenzo, Ambassador of the European Union to Nepal, stated: “Congratulations to Nepal and Nepali people for this historic achievement: passing of Nepal-led and owned, victim-centric TRC bill by House of Representatives.”

However, on Aug 20, Amnesty International, Human Rights Watch and the International Commission of Jurists issued a joint statement acknowledging that while the law includes many positive provisions that could advance justice, accountability, and redress for widespread human rights violations committed during the 1996-2006 conflict, it still contains elements that could undermine a successful outcome.

The joint statement stressed, “To ensure the integrity of the process and bring the law into compliance with Nepali and international legal standards, serious accountability gaps need to be addressed by lawmakers. In addition, all institutions involved in the administration of justice—including the courts, the transitional justice commissions, and the Attorney General—should ensure the bill is construed in accordance with international law and Nepal’s Constitution.”

“Transitional justice in Nepal is long overdue, and the new law can be an opportunity to finally deliver justice for victims, strengthen the rule of law, and create a positive precedent for the region,” said Meenakshi Ganguly, deputy Asia director at Human Rights Watch. “This should not turn into yet another exercise in which victims are encouraged to accept compensation without truth and justice.”

A previous attempt at a transitional justice law, which provided the possibility of amnesties for serious crimes, was found unconstitutional and in violation of Nepal’s international human rights obligations, as well as against the Supreme Court ruling of 2015. While the new law includes several significant improvements, parts of it again appear designed to shield those responsible for wartime crimes from prosecution.

In Nepal, many survivors and families of those subjected to violations and abuses have lived in hardship for years, often suffering lasting mental and physical injuries, in desperate need of reparations, while struggling to learn the truth about their loved ones, to receive official recognition, and to see the perpetrators brought to justice. The lack of accountability for serious crimes under international law has contributed to ongoing rights violations and a wider crisis of impunity.

“Victims have been waiting for full acknowledgment of the harms they have suffered and reparations for almost 20 years. For a transitional justice process to accomplish its aims, all five essential pillars—truth, justice, reparation, memorialization and guarantees of non-recurrence—must be pursued,” said Mandira Sharma, senior international legal adviser at the International Commission of Jurists. “Current gaps in this law could threaten the outcome of the process and defeat the purpose of providing effective remedies to victims.”

The transitional justice bill envisages a major role for donor funding to implement the process. Once it is finally adopted as law, donors and Nepali authorities should develop and implement a system for oversight of the management of funds to support transitional justice. This will facilitate access to expertise and safeguard against political and other unwarranted interference, particularly in the handling of justice and reparation processes. The vagueness of the law on some points, and lack of detail in many areas, mean that interpretation and implementation of the mandates of the Truth and Reconciliation Commission and Commission of Investigation on Enforced Disappeared Persons will be critical. The appointments of highly qualified and independent commissioners, and of the Truth and Reconciliation Commission secretary, will be especially important early decisions.

It is critical that the transitional justice process be implemented in a robust and independent fashion and that safeguards are established to achieve credible and durable outcomes. Past governments have repeatedly failed to deliver truth, justice and reparations for conflict-era crimes. Transitional justice is a major outstanding commitment of the 2006 Comprehensive Peace Agreement, which ended a decade-long armed conflict between the then-royal government and Maoist rebels, and inaugurated a peace process that included constitutional reform.

“In the past, the commissions have failed to win trust from victims due to repeated political interference in the appointment of the commissioners,” said Smriti Singh, South Asia director at Amnesty International. “The commissioners must be trusted by victims’ groups for their work to be effective and credible. This requires victims’ rights and views to be at the center of a fully transparent nomination and appointment procedure. Commissioners must be competent, impartial and fully independent from any political party.”

The new law, officially titled the “Bill to Amend the Disappeared Persons’ Enquiry, Truth and Reconciliation Commission Act, 2014”—widely referred to as the transitional justice bill—was introduced in Parliament in March 2023 and finally passed in the lower house with the support of Nepal’s three largest political parties following protracted negotiations. 

However, the joint statement by Amnesty International, Human Rights Watch and the International Commission of Jurists says that “there has been little formal consultation with civil society and victims or their families, who hold a range of views on the legislation. While all agree that progress toward addressing their rights and needs has been unacceptably protracted, many also continue to voice concerns that the law as presently drafted might not deliver justice, calling for reform of the bill.” 

Under the current bill, crimes committed during the conflict are either classified as “violations of human rights” or “serious violations of human rights.” While offenses defined as human rights violations could be granted amnesty, “serious violations of human rights” could be referred to and prosecuted in a special court. The definition of “serious violations” is limited to “rape or serious sexual violence”, “intentional or arbitrary killing”, enforced disappearance, provided that the victim’s whereabouts remains unknown; and “inhuman or cruel torture.” These definitions, the statement asserts, are not consistent with international laws and exclude other serious crimes.

For instance, the prohibition of torture and the requirement that it be criminalized is absolute, and there can be no qualification for “inhuman or cruel” torture, since torture by its nature is inhuman or cruel.

The law defines “violations of human rights” as “any act except serious human rights violations committed in contravention of Nepali laws, international human rights, or humanitarian law” (emphasis added). In previous iterations of the law, this category of crimes was completely excluded from prosecution. In the current version, it appears that the special court can adjudicate violations of human rights (not defined as “serious”) that are not granted amnesty, which the Truth and Reconciliation Commission can provide if the alleged perpetrator fulfills certain conditions (such as disclosing the truth, making an apology to victims, or paying compensation), and with the consent of the victims. “The language of the law is imprecise, and while an expansion of the mandate of the special court is an improvement, any amnesty for serious crimes is contrary to Nepali and international law and standards and violates victims’ right to effective remedy and reparation,” the statement adds.

A provision added to the law during the final phase of negotiations would allow the attorney-general, except in cases of rape or “serious sexual violence,” to make a binding request for a 75 percent reduction in the sentencing for those convicted of serious violations. This provision, amounting to a disguised amnesty, contradicts the principle that criminal sanctions must be proportionate to the gravity of the crime and undermines the judiciary’s fundamental role and competency. The court should decide what reduction may be appropriate, if any, based on its own consideration of the facts and submissions by the parties to the proceedings.

“The law now permits the special court to adjudicate disputes related to reparations, an important expansion of its role. However, it still provides for the appointment of only three judges to the special court, which was envisioned when the court’s jurisdiction was more limited. With the expansion of the court’s jurisdiction, the number of judges should be increased to fulfill its expanded mandate,” the statement concludes.

Transitional justice process makes progress

Top leaders of three major parties—Nepali Congress, CPN-UML, and CPN (Maoist Center)—have pledged to endorse the amendment bill related to the Transitional Justice Act through the current session of the House of Representatives. Prime Minister and CPN-UML Chairman KP Sharma Oli, Nepali Congress President Sher Bahadur Deuba, and CPN (Maoist Center) Chairman Pushpa Kamal Dahal made this commitment while receiving a report prepared by a cross-party panel formed to address the contentious issues in the bill, particularly those related to serious human rights violations.

“I consider this a success achieved after the formation of the new government under Prime Minister Oli,” said Dahal after receiving the report. He added, “Now the bill, which is in the parliamentary committee, should be forwarded to the full House and endorsed through this session of Parliament.” A cross-party task force comprising Ramesh Lekhak from NC, Mahesh Bartaula from UML, and Janardhan Sharma from Maoist Center worked hard to forge consensus on the contentious issues of the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act. According to Lekhak, who now heads the Ministry of Home Affairs, issues of reconciliation, reparation, and prosecution were addressed while considering the concerns of the victims.

Prime Minister Oli said that consensus was achieved considering the Supreme Court’s 2015 verdict, meeting international standards, and addressing the concerns of the victims. He added that the government would expedite tasks related to appointments in the Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP), two transitional justice mechanisms formed in 2015. Oli also said that there are no longer any ambiguities or confusions regarding the transitional justice laws. The international community has yet to react to the agreement reached among the three major leaders.

NC President Deuba remarked that Nepal would set an example in the international arena if the transitional justice process is amicably settled. He said that if the task force’s resolutions are endorsed by Parliament and war-era human rights cases are settled, it would send a positive message to the world. The TRC and CIEDP, formed in 2015 to address transitional justice mechanisms, have struggled due to the absence of laws in line with the Supreme Court’s 2015 verdict and international standards.

Over the past 10 years, the two commissions have made some progress. The TRC has registered 63,718 complaints, including 314 related to rape and sexual violence. Similarly, the CIEDP has recorded 3,000 complaints. Both commissions have completed preliminary investigations on some cases. However, in recent years, they have been without heads and members, rendering them virtually defunct. Their tenures are being renewed to prevent complete collapse.

Disputes among parties primarily revolve around how to address serious human rights violations committed during the insurgency era. The international community insists that there should be no amnesty for serious human rights violations. Although the three parties claim to have resolved the disputed issues, it remains to be seen how Parliament, the international community, and most importantly, the conflict victims will respond.

PM applauds report on transitional justice, terms it as milestone

Prime Minister KP Sharma Oli has said an agreement on the bill regarding transitional justice is a milestone for Nepal's peace process.

Receiving a report of the agreement reached at the task force for finalizing the transitional justice in accordance with the Comprehensive Peace Accord at the Office of the Prime Minister and Council of Ministers today, the Prime Minister said with the availability of the document, there shall be no confusions to provide a legal ground to conclude the remaining tasks of the peace process.

He expressed his commitment that the transitional justice-related bill will be unanimously endorsed by the ongoing session of the Parliament.

"We experienced a painful past. The nation went through a conflict. The country suffered significant damage. However, there have been positive changes, but again we are warranted to conclude the peace process. With incorporating all the dimensions of conflict-era violence into the peace process, there is no need to leave behind their vestiges," the Prime Minister said.

According to him, this agreement considers the verdicts from the respected Supreme Court, international norms and values and the survivors-friendly approach. This has proven to be a milestone in the peace process. The bill aims to prevent such conflict from reoccurring.  Once the bill is passed by parliament, we will proceed ahead with forming commissions on the basis of mutual consultation and the consensus he added.

"Although there were various practices in the past, at the time when democracy was established, there was no need for violence and lawlessness," PM Oli clarified.

He said that the incumbent government upheld the value that democracy should be considered a way of life and thus he made it clear that he would move forward for the protection and implementation of the federal democratic republic system.

Nepali Congress (NC) President Sher Bahadur Deuba lauded that the task force had set a unique example to the world that Nepalis would resolve their disputes on their own. He extended best wishes for the implementation of the consensus forged by the task force.

Similarly, CPN (Maoist Center) Chairperson Pushpa Kamal Dahal dubbed the task force's report as the ''good work'' post the formation of a new government.

He wished that the report be finalized through the legitimate process of the parliament thereby sending the message of peace, stability and development among the Nepali people.

The political task force, formed in connection with the bill to amend the Commission on Investigation of Disappeared Persons, Truth and Reconciliation Act-2071 BS, handed over their report to the top leaders of major three political parties today.

The report was presented to Prime Minister and CPN-UML Chairperson KP Sharma Oli, NC President Sher Bahadur Deuba, CPN (Maoist Center) Chairperson Pushpa Kamal Dahal at the Office of Prime Minister and Council of Ministers at Singha Durbar.

The task force consisted of Minister for Home Affairs and NC leader Ramesh Lekhak, CPN-UML's Chief Whip Mahesh Bartaula and CPN (Maoist Center)'s Janardan Sharma.

The report is the gist of the several discussions held by the task force on the major concerns and agendas of the Bill related to transitional justice. The bill is under consideration in the parliamentary committee for Law, Justice and Human Rights.

Consensus has been forged in a victim-friendly approach on the matters concerning reconciliation, compensation to those mutilated and punishment for the perpetrator during armed conflict, Minister Lekhak said.

Task force submits report on transitional justice to top leaders including PM

A report of the understanding reached at the task force for finalizing the transitional justice in accordance with the Comprehensive Peace Accord (CPA) signed between the Government of Nepal and the then rebelling CPN (Maoist) has been handed over to the top leaders of the three major political parties, including Prime Minister KP Sharma Oli.

The task force submitted the report to Prime Minister and CPN-UML Chair Oli, Nepali Congress President Sher Bahadur Deuba and CPN (Maoist Center) Chair Pushpa Kamal Dahal, amidst a program at the Office of the Prime Minister and Council of Ministers in Singha Durbar today.

Members of the task force – Home Minister and Nepali Congress leader Ramesh Lekhak, UML Chief Whip Mahesh Kumar Bartaula and Maoist Center leader Janardan Sharma – presented the report to the top leaders.

The task force had on August 1 forged an agreement on topics as interpretation of the conflict-era incidents, and relief, compensation, reparation and justice to the victims which had remained contentious for long.

PM Oli, NC president Deuba, UML general-secretary Shankar Pokhrel, PM's chief political advisor Bishnu Rimal, Attorney General Ramesh Badal, Government Chief Secretary Liladevi Gadtaula, among other officials were present in the program.

The main political parties had reached a four-point agreement on settling the topic of transitional justice which was being seen with much interest nationally as well as internationally.

As per the agreement, intentional or arbitrary killing will be included under the definition of murder; the families of the security persons who lost lives in the conflict would be provided relief, compensation and reparation, while a similar scheme is planned for the combatants who were termed disqualified ones.

Similarly, in case the victim side does not consent to the conflict era case, it would be recommended to the Attorney General. Such cases would now be adjudicated based on the existing principle of criminal justice, but in line with transitional justice.

The task force has stated that the agreement was made based on the principles of transitional justice and national and international standards where victims' concerns are kept in center. Also paid heed is the decisions made by the Supreme Court. It is an agreement in which the whole country wins, rather than someone winning and some other side losing.

As per the agreement, the victims and perpetrators would be brought together and assimilated in a way that it would prevent future conflict. The victims would be ensured justice and the perpetrator brought to book, he added.

The agreement among the major political parties on this significant backlog of peace process has been taken as a measure to alleviate the conflict-era wounds. It has been 17 years since the signing of the CPA, the big parties became able to strike a deal to fully settle the peace process.

Irrespective of the formation of two transitional justice mechanisms and officials put in place for multiple times since CPA, they were unable to give impetus to the finalization of the peace process owing to political differences earlier.

 

Government decides to extend terms of two transitional bodies by one year

The government on Thursday decided to extend the terms of the two transitional justice commissions.

A Cabinet meeting held this afternoon decided to extend the terms of the Truth and Reconciliation Commission and the Commission on Investigation of Enforced Disappeared Persons by one year (until mid-July next year).

Similarly, the meeting has decided to postpone the decision to implement the national identity card compulsory to receive the social security allowance for the time being.

The government took this decision as the people have been facing difficulties to make national identity cards due to floods and landslides across the country, government spokesperson and Minister for Communications and Information Technology Rekha Sharma said.

 

 

Transitional justice issues should be resolved promptly by making them victim-friendly: NHRC

The National Human Rights Commission said that transitional justice issues should be resolved promptly by making them victim-friendly.

Holding a discussion with concerned stakeholders, NHRC Chairman Tap Bahadur Magar said that the transitional justice issues should be resolved at the earliest on the basis of the suggestions given by the Commission.

He opined that the Bill on Transitional Justice has been suggested frequently to be amended in accordance with international principles, Supreme Court orders and recommendations of the Commission.

Magar further said that the Commission has also been drawing the attention of the government not to grant amnesty in the cases of disappearances, extrajudicial killings, kidnappings, torture, rape, and sexual violence.

He asserted that it would be difficult to resolve the transitional justice issues without the joint efforts of the people, who participated in the war, victims, and the government among others.

 

 

Task force formed to resolve issues related to transitional justice

Three major political parties have agreed to form a task force to resolve issues pertaining to transitional justice.

Prime Minister Pushpa Kamal Dahal, CPN-UML Chairman KP Sharma Oli and Nepali Congress President Sher Bahadur Deuba on Thursday agreed to form a task force to resolve issues related to transitional justice.

After the agreement, a task force was formed comprising a member each from the three parties on Sunday to prepare a proposal by forging consensus on TRC Bill, UML Chief Whip Mahesh Bartaula said.

Ramesh Lekhak of Nepali Congress, Mahesh Bartaula of UML and Janardan Sharma of CPN (Maoist Center) are the members of the task force.

The task force will discuss and prepare a proposal with the issues left to be resolved and submit it to the senior leaders, leader Bartaula said.

Though the agreement was reached on most of the points of the TRC Bill, leaders are yet to forge consensus on four points.

 

 

 

Govt forms recommendation committee to appoint office bearers at TRC and CIEDP

The government has formed a recommendation committee to appoint office bearers at the two commissions related to transitional justice.

A Cabinet meeting held in Singha Durbar on Friday formed a recommendation committee under the Chairmanship of former Chief Justice Om Prakash Sharma to make recommendations for the appointment of chairperson and members at the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons.

Former Justices of the Supreme Court Jagadish Sharma Paudel, Dr Arjun Kumar Karki and Stella Tamang are the members of the committee, government spokesperson and Minister for Communications and Information Technology Rekha Sharma informed.

 

Editorial: Focus on transitional justice

It has been more than a year since Prime Minister Pushpa Kamal Dahal said concluding transitional justice is one of his key priorities. However, there has been no progress in resolving the disputes among parties regarding some contents of the transitional justice amendment bill pending in the Parliament. Parties have yet to reach a consensus on whether to categorize arbitrary killings or all killings except those resulting from clashes as serious human rights violations. Conflict victims argue that all extrajudicial killings, mental torture and physical torture should be labeled as serious violation of human rights.

While parties may differ on ways to approach these issues, it is not difficult to resolve them if there is political will and honesty among the major parties. Since the inception of the peace process in 2006, parties have used the transitional justice issue as a bargaining tool rather than making serious, sustained efforts to resolve it. Just before the recent change in the coalition government, parties told people they were in negotiation to reach consensus on contentious issues and claimed that they were close to an agreement. With the formation of the new coalition, however, parties have not touched on the issue. Previously, the CPN (Maoist Center) and CPN-UML were at loggerheads on contentious issues while the NC appeared flexible. Now, the Maoists and UML seem flexible to compromise, while the NC appears tough.

The international community is one of the major stakeholders in Nepal's transitional justice process. It has reservations about some provisions in the amendment bill. Similarly, the concerns of conflict victims must be addressed to avoid societal conflict in the future. Since it has been almost two decades since the Maoists joined the peace process, transitional justice should be accorded the highest priority. It should not be a bargaining tool for state power. As the head of the government, Dahal should make extra efforts to resolve the contentious issues. So far, it seems Dahal is seeking ways to avoid prosecuting even those involved in serious human rights violations. The issue of transitional justice can be settled easily if Maoist leaders accept the international standards and honor Supreme Court verdicts.

PM Dahal holds talks with Deuba, Oli

Prime Minister Pushpa Kamal Dahal held a meeting with Nepali Congress President Sher Bahadur Deuba and CPN-UML Chairman KP Sharma Oli in Baluwatar on Wednesday.

Prime Minister Dahal held talks with Deuba and Oli for almost two hours to forge consensus on the transitional justice issues.

The transitional justice Act is in the Human Rights Committee of the Parliament.

The Committee has forged consensus in almost all the issues by forming a sub-committee.

The sub-committee has prepared a report on consensus.

The issues that need to be resolved at the political level are only left to the settled down.

Congress Publicity Department Chief Min Bishwokarma and UML Whip Mahesh Kumar Bartaula have been claiming that the issues at the political level are only left to be resolved.

The UML has claimed that the decision of Prime Minister and CPN (Maoist Center) Chairman Pushpa Kamal Dahal’s decision to celebrate the day the war started as People’s War Day has left the conflict victims in the lurch.

During this stay in Nepal, United Nations Secretary General Antonio Guterres had mounted diplomatic pressure on the government and political parties to conclude the peace process.

On Sunday, during a meeting with Guterres, UML Chairman Oli said that the peace process could not reach a logical conclusion due to the Prime Minister and CPN (Maoist Center) Chairman Dahal.

Oli had said that the UML wants the United Nations to take the peace process to its logical conclusion.

Transitional justice: The way forward

Reflecting upon the intricate challenge of harmonizing theoretical principles with the practical facets agreed upon by political parties and commissions in previous political discussions, the ongoing discourse on transitional justice is deeply engaging. Almost 17 years have elapsed since the signing of the peace agreement, yet transitional justice persists as a sensitive and complex matter. There exists a unanimous consensus that for the peace agreement to be truly meaningful, the process of creating and implementing laws, along with the effective functioning of commissions, is imperative.

Transitional justice is not merely a concern for specific political entities but also a national priority. The key lies in fostering unity and responsibility among political parties, extending beyond legal technicalities. Moreover, strict adherence to the Supreme Court's interpretation and orders throughout the transitional justice process is a crucial aspect of moving forward.

It is important to recognize the prevalence of misleading narratives surrounding transitional justice and advocate for careful discussions to dispel such misconceptions. A special committee comprising experts and members having diverse political backgrounds must be formed and this committee should play a pivotal role in providing recommendations on the bill related to transitional justice. It is necessary to address ambiguities in the bill concerning the violation of human rights and crimes against humanity through simplified definitions.

Key recommendations are the significance of inclusivity when establishing a commission for truth-seeking, reconciliation and the identification of victims of transitional justice. Emphasis should be on the inclusion of individuals with national recognition and subject-specific expertise. Furthermore, tasks related to transitional justice, encompassing truth-seeking, prosecution, reparations and institutional reforms, need prioritizing.

Underscoring the importance of embracing restorative and transformative justice concepts involves active involvement of victims in the dialogue process to gain their trust and effectively address their grievances. The report puts forward a comprehensive approach that includes truth-seeking, prosecutions for crimes committed, reparations for the victims and institutional reforms to prevent future injustices.

There should be no fight against the victims of the war. Urging introspection among all stakeholders, emphasizing the need to expedite the transitional justice process and putting an end to injustice—these must be our priorities. The event, which served as a platform for prominent figures to share their perspectives and suggestions, stands as a crucial step toward forging a path forward in the transitional justice process in Nepal.

In conclusion, the recommendations presented here are grounded in the belief that careful, inclusive and comprehensive approaches are essential for effective progression of transitional justice in Nepal. By prioritizing national unity, dispelling misleading narratives and actively engaging victims in the process, all stakeholders should work collectively toward a society that values accountability, reconciliation and lasting peace. The journey ahead is challenging, but with concerted efforts from political parties, experts and the broader community, the goals of transitional justice can be achieved.

The author is executive director at Nepal Center for Security Governance

TJ is a matter of national interest

Transitional justice is not an issue of a particular party; it is a national issue. Hence, all political parties and stakeholders should take ownership of it.

This time, the prime minister also appears in favor of resolving this issue, which is positive. The justice process should be concluded soon and then only the peace process will complete.

The transitional justice process should adhere to international protocols, Supreme Court verdicts and the Comprehensive Peace Accord. Violators of human rights should be prosecuted and justice delivered to victims.

Nepal Center for Security Governance, a think tank established for research, analysis, publication and applied operation in the area of security governance, has drafted a report on the basis of discussions with experts. The report has concluded that the justice process should be taken to a logical conclusion by following all protocols. We will submit our report to the PM and the Speaker soon.

The author is Executive Director at Nepal Center for Security Governance

 

Justice for child soldiers

The use of child soldiers during the Maoist insurgency is an essential component of the transitional justice process. But the law has left it out so far.

As a relevant law is under discussion in the parliament, we can still incorporate this issue and other transitional justice-related issues to take the peace process to its logical conclusion in a true sense. 

This issue has already entered the court, with a writ petition registered. Hopefully, it will get the attention of all concerned parties.

Skirting the issue of child soldiers will invite serious socio-political complications and impact the transitional justice process. So, policymakers must keep their eyes open and address it without further delay.

We held a discussion on the matter and concluded that it must be treated as an issue of utmost importance as the use of children in any kind of war is a serious violation of human rights.

The author is a political analyst