Nepal’s third truth commission faces uphill task of reinstilling trust, serving justice

Nepal’s attempt to deliver justice and accountability following the country’s decade-long civil war froze more than two years ago with little progress – but a recent development has raised hopes that it could soon be revived and revamped.

In August 2024, the country’s parliament passed a long-awaited bill that sets the stage for appointing a third – and hopefully final – round of truth commissions to carry out investigations into the more than 66,000 conflict victim cases that have been collecting dust since the last commissions ended in July 2022.

The two main bodies involved – the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons –were created by Nepal’s government in 2015 to deal with crimes that were committed during Nepal’s conflict, commonly known as “The People’s War”.

In 1996, Maoist rebels began an insurgency against the Nepali government in western Nepal that escalated into a 10-year civil war across the country. According to United Nations estimates, the conflict resulted in the deaths of 13,000, with 1,300 people still missing and an unknown number of torture and conflict-related sexual violence victims.

Slow progress

The People’s War ended with the signing of the Comprehensive Peace Accord that, among other obligations, required the Nepal government to create a high-level truth commission.

To date, the commissions have completed two rounds. The first, which collected the majority of the victim cases, began with a two-year mandate in 2015 that the government extended by an additional year three times. The second round, mandated from 2020 to 2022, was shut down for months due to Covid-19.

The commissions were tasked with three main objectives: to reveal the truth about gross human rights violations; to create an environment of peace, trust and reconciliation; and to make legal recommendations for victim reparations and perpetrators from the conflict.

However, despite seven years of work, little progress toward any of these objectives has been made. No case investigations have been completed, no perpetrators have been held accountable, and no victim reparations have been distributed. Reconciliation in a country that still bears the scars of conflict remains a distant thought.

From 2022 to 2023, I conducted research in Nepal about the country’s transitional justice process. During my research, I heard people refer to Nepal’s prolonged process as “a judicial merry-go-round,” “Groundhog Day” and “transitional injustice.”

Many Nepali people I spoke to believe that the government has strategically prolonged the transitional justice process to avoid accountability, hoping that people will eventually tire of the process and forget. Indeed, a heavy cloud of hopelessness and frustration had settled over the commissions as legal and resource limitations and political biases plagued the first two rounds, severely slowing progress and impairing the commissions’ functionality and local trust.

Justice ‘adjourned’

In 2022, I interviewed a conflict victim in the rolling hills of Rolpa, in the country’s west, where the conflict began. She had submitted her case to the Truth and Reconciliation Commission seven years before but had heard nothing since. “In a way, our complaints are in adjournment,” she said. “They have not ended, yet they are not being forwarded either.”

She was one of approximately 300 women who officially submitted a case of conflict-related sexual violence to the TRC.

However, a former truth commissioner told me that this number may be as high as 1,000 because some victims of sexual violence submitted their case as “torture” to distance themselves from the stigma and shame often associated with sexual violence in Nepal.

I also met leaders at several women’s organisations who have documented thousands of cases of conflict-related sexual violence in Nepal, but they have not yet submitted these cases to the TRC due to ongoing concerns of confidentiality and trust.

The lack of progress by Nepal’s truth commissions suggests that they are being used to carry out what I refer to as “transitional justice ritualism” – the act of a state creating hollow institutions designed without the support to produce actual consequences.

As part of this transitional justice ritualism, I believe that Nepal’s post-conflict coalition government has, up to this point, been using the truth commissions as a political tool to show the international community that it is upholding its obligations under the 2006 Comprehensive Peace Accord and to avoid universal jurisdiction – that is, the international legal principal that allows other nations to prosecute individuals for serious human rights violations regardless of where the crimes took place.

The threat of universal jurisdiction has been a particular concern for alleged perpetrators in Nepal since 2013 when Colonel Kumar Lama, a former Royal Nepal Army commander during Nepal’s conflict, was apprehended in the United Kingdom on charges of torture and war crimes. While Lama was acquitted there due to a lack of evidence, the threat of universal jurisdiction for war crimes perpetrators in Nepal still looms for those in positions of power during the civil war.

A contested step forward

But a recent change in the political leadership of Nepal and the passing of the new law, which amended the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, mark an opportunity for the government to move beyond transitional justice lip service.

Under the amended law, a third round of appointed commissioners will operate for a period of four years – hopefully enough time to complete their unaccomplished mandates. A government committee is working to appoint new truth commissioners before the country’s major holiday Dashain in October 2024. The amended act also provides for creating specialized subunits within the TRC – concerning truth-seeking and investigations, reparations, sexual violence and rape, and victims coordination – that could potentially improve the streamlining of resources and move some of these stalled parts of the commissions forward.

Nonetheless, hope has been tempered by apprehension and uncertainty. Some victim groups support the legislation, while others protest provisions they argue could undermine justice, especially by protecting perpetrators with decreased sentencing.

International human rights groups have recognised positive and long-awaited amendments to the existing law, but also warn of serious accountability gaps that could undermine the transitional justice process.

UN Human Rights Chief Volker Türk said the revised law was “an important step forward” but added: “It is imperative that the legislation is interpreted and implemented in a manner that upholds victims’ rights, including to truth, justice and reparations, and that guarantees accountability in full compliance with international human rights standards.”

International support

Although it seems the transitional justice process will still be Nepali-led, doors may be opening for international support in the form of financial or technical assistance – marking a significant shift in the process.

The amended act provides for a “fund” to finance the investigations process and victim reparations that will be supported by the Nepali government and is open to contributions from other national and international organisations.

Sushil Pyakurel, a former member of Nepal’s National Human Rights Commission, is among a group of human rights defenders, lawyers and victims establishing a civil monitoring committee to serve as a watchdog for the revived process. Pyakurel stressed the need for Nepali civil society, alongside the international community, to pressure the government to fulfill its promises of a victim-centric implementation.

“You can make whatever law you want, but it is how you implement it that really matters,” Pyakurel told me. “Although the law is different, if the mentality remains the same, then nothing will change.”

The revival of Nepal’s truth commissions provides the government a chance to demonstrate a commitment to a transparent and legitimate process. But I believe it must move beyond the transitional justice ritualism of the previous two commissions to actually provide justice and acknowledgment for the country’s civil war victims.

Tracy Fehr is Sociology PhD Candidate, University of Colorado Boulder.

This article was first published on The Conversation.