Nepal: Truth and Reconciliation

Context and Summary

In 1996, the Communist Party of Nepal (Maoist) declared a “People’s War” against the newly created democratic regime of Nepal, starting a civil war that would last until 2006. During the ten year conflict, roughly thirteen thousand people were killed, and thousands more were injured or went missing—most of them were people living in rural areas.[1] The order to create Nepal's Truth and Reconciliation Commission (TRC) was laid out by the Comprehensive Peace Accord on November 21, 2006. However, the TRC was not officially established until February 10, 2015, and remains active today. The current chairman of the Commission, Ganesh Dutta Bhatta, stated that the TRC was “set up to investigate on the cases of human rights violations and crimes against humanity, and to create enabling environment for social reconciliation”.[2] In the TRC’s pursuit of justice, a team of six commissioners organize discussions and deliberations with victims and other stakeholders, and conduct and publish inquiries related to the civil war. It is still working to meet the wishes of Nepalese victims, which consider “finding truth, providing justice and compensation, prosecuting perpetrators, and establishing the fate of the disappeared” to be the primary goals that the TRC should aim to accomplish.[3]

———————————————————————————————————————

  1. Joshi, Madhav, and Subodh R. Pyakurel. "Individual-Level Data on the Victims of Nepal’s Civil   War, 1996–2006: A New Data Set." International Interactions, vol. 41, no. 3, 2015, pp. 601-619. doi:10.1080/03050629.2015.987345.
  2. Bhatta, Ganesh Dutta. “Message From Chairperson.” Truth and Reconciliation Commission, Nepal,  https://trc.gov.np/message-from-chairperson/.
  3. Robins, S. "WHOSE VOICES? UNDERSTANDING VICTIMS' NEEDS IN TRANSITION: Nepali Voices: Perceptions of Truth, Justice, Reconciliation, Reparations and the Transition in Nepal by the International Centre for Transitional Justice and the Advocacy Forum, March 2008." Journal of Human Rights Practice, vol. 1, no. 2, 2009, pp. 320-331. https://doi-org.ezproxy.library.ubc.ca/10.1093/jhuman/hup006.

Key Issues

The objectives of the Nepal Truth and Reconciliation Commission were laid out by the Enforced Disappearances Inquiry, Truth and Reconciliation Commission Act, 2014. The objectives are as follows:

  • “To find out and publish the incident of the grave violation of human rights committed in the course of the armed conflict between the State Party and the then Communist Party of Nepal (Maoist) from 13 February 1996 to 21 November 2006 and of the persons involved in those incidents upon realizing the essence and spirit of the Interim Constitution of Nepal, 2007 and the comprehensive peace accord,
  • To create environment conducive for sustainable peace and reconciliation by enhancing spirit of mutual good faith and tolerance in the society upon bringing about reconciliation,
  • To provide for reparation to the victims, and
  • To make recommendation for legal actions against those who were involved in the serious offence related with those incidents.” [1]

Despite these goals, the commission had failed to complete even one investigation by February 2019, leaving tens of thousands of complaints unanswered. [2] One survey has shown that most people have no faith in the TRC’s ability to help them, and half of the people don’t even know what the TRC’s mandate is. [3]

———————————————————————————————————————

  1. Truth and Reconciliation Commission, Nepal. “About Commission.” Truth and Reconciliation Commission, Nepal, https://trc.gov.np/about-commission/.
  2. Jeffery, Renee. “Nepal’s Truth and Reconciliation Commission Limps on.” The Interpreter, 12 Feb. 2019, https://www.lowyinstitute.org/the-interpreter/nepal-truth-and-reconciliation- commission-limps.
  3. Robins, S. "WHOSE VOICES? UNDERSTANDING VICTIMS' NEEDS IN TRANSITION: Nepali Voices: Perceptions of Truth, Justice, Reconciliation, Reparations and the Transition in Nepal by the International Centre for Transitional Justice and the Advocacy Forum, March 2008." Journal of Human Rights Practice, vol. 1, no. 2, 2009, pp. 320-331. https://doi-org.ezproxy.library.ubc.ca/10.1093/jhuman/hup006.

Key actors: Domestic

Government of Nepal: One of the signatories of the Comprehensive Peace Agreement that called for the creation of the Nepal Truth and Reconciliation Commission. The legislative branch passed the Enforced Disappearances Inquiry, Truth and Reconciliation Commission Act in 2014, detailing the structure and mandate of the TRC.

Communist Government of Nepal (Maoist): One of the signatories of the Comprehensive Peace Agreement that called for the creation of the Nepal Truth and Reconciliation Commission. This party—the aggressor of Nepal's Civil War—has worked with the Government of Nepal to create documents affirming the rights of Nepal’s citizens and to vote on the Enforced Disappearances Inquiry, Truth and Reconciliation Commission Act. As of 2020, the Communist Party is currently the ruling party in the Nepalese government. At the time of the Comprehensive Peace Agreement however, they were not the ruling party, making them a separate entity from the government.

Truth and Reconciliation Commission Members: Six lawyers make up the Truth and Reconciliation Commission. Their duties are as follows:

  • “Investigate incidents of gross violations of human rights, find out and record the truth and public it for the general public,
  • Identify victims and perpetrators of conflict,
  • Endeavor to bring about reconciliation between the victims and perpetrators with their consent and bring about reconciliation,
  • Make recommendation on reparation and/or compensation to be provided to the victims and their families,
  • Make recommendation for legal action against perpetrators to whom amnesty is not granted and in cases where reconciliation is not reached,
  • Provide the victims with identity card as prescribed and also provide them with information after completion of investigation.” [1]

Commission of Investigation on Enforced Disappeared Persons (CIEDP): The CIEDP has been tasked with creating a report of the human rights violations which took place during the Nepalese Civil War. Their findings are used by the TRC to aid it in its mission to bring justice to victims of the conflict.

National Human Rights Commission of Nepal (NHRC): The NHRC makes recommendations for the Nepalese government on how to properly address human rights abuses in the country. It works to maintain the integrity of the TRC.

———————————————————————————————————————

  1. Truth and Reconciliation Commission, Nepal. “About Commission.” Truth and Reconciliation Commission, Nepal, https://trc.gov.np/about-commission/.

Key actors: International

United Nations: The role of the United Nations was outlined in the Comprehensive Peace Accord of 2006. It has been tasked with monitoring the army and former combatants and verifying peace documents and data collected on the conflict to develop confidence building measures with the Nepalese citizenry. 

International Center for Transitional Justice (ICTJ): The ICTJ advocates for reparations for victims of the Nepalese Civil War and encourages their participation with the TRC. It also gives support and training to the CIEDP and conducts research and awareness campaigns.

International Human Rights Organizations: There have been a variety of international human rights organizations that have been a part of the truth and reconciliation process in Nepal including Amnesty International, the International Commission of Jurists, Human Rights Watch, and TRIAL International. These groups have continuously called for the Nepalese government to increase their transparency and inclusiveness in the government's appointment of officials to the TRC and CIEDP.[1] They have argued that the government has repeatedly undermined Nepal's truth and reconciliation efforts and that the transitional justice process has not made much progress since the end of the civil war.[2]

———————————————————————————————————————

  1. Swart, Mia. “Nepal Transitional Justice Making Little Progress: Rights Groups.” Al Jazeera, 4 Dec. 2019, https://www.aljazeera.com/news/2019/12/4/nepal-transitional-justice-making-little-progress-rights-groups
  2. Swart.

Barriers to Truth and Reconciliation

One barrier to an effective truth and reconciliation process in Nepal is the extremely slow implementation of the goals outlined by the Comprehensive Peace Accord (CPA). Although the Nepalese Civil War ended in 2006 with the CPA written in the same year, Nepal's Truth and Reconciliation Commission (TRC) was not established until 2015. Major differences in opinion between different government parties continued to stall implementation as far back as 2011. [1] After the establishment of the TRC, inaction continues to be a major problem, with many issues still left unmanaged.

Another barrier to an effective truth and reconciliation process is the ineffectiveness of reparations programs. Although many people in Nepal qualify to receive compensation from the government following the Nepalese Civil War, hardly any people have actually applied for it. Researchers have found that people from districts more impacted by the war were less likely to seek reparations due to a variety of risk factors. [2] Continuing instability has made it difficult for victims to receive justice.

Another barrier to effective truth and reconciliation is the citizens' lack of knowledge and information about the TRC. Surveys found that 20% of people didn’t know what human rights were, 23% of people with a missing family member knew about the proposed TRC, and almost nobody believed that a TRC would actually bring about justice.[3] With so many citizens not fully aware of the TRC process, it has been difficult to involve them and get victims justice.

———————————————————————————————————————

  1. Upreti, Bishnu R. "Nepal from War to Peace." Peace Review (Palo Alto, Calif.), vol. 24, no. 1, 2012, pp. 102-103.
  2. Adhikari, Prakash, Wendy L. Hansen, and Kathy L. Powers. "The Demand for Reparations: Grievance, Risk, and the Pursuit of Justice in Civil War Settlement." The Journal of Conflict Resolution, vol. 56, no. 2, 2012, pp. 198.
  3. Robins, S. "WHOSE VOICES? UNDERSTANDING VICTIMS' NEEDS IN TRANSITION: Nepali Voices: Perceptions of Truth, Justice, Reconciliation, Reparations and the Transition in Nepal by the International Centre for Transitional Justice and the Advocacy Forum, March 2008." Journal of Human Rights Practice, vol. 1, no. 2, 2009, pp. 320-331. https://doi-org.ezproxy.library.ubc.ca/10.1093/jhuman/hup006.

Analysis of Successes

The decade-long civil war in Nepal has had long-term consequences for the country and its people. In order for a society to transition from conflict to peace, an adequate transitional process needs to take place to ensure that the victims of the war feel that they have received justice. Despite the creation of two transitional justice bodies, the truth and reconciliation process in Nepal has not been effective for multiple reasons. 

First, peacebuilding initiatives in Nepal have been predominantly top-down.[1] There has been a lack of coordination between the non-governmental organizations (NGOs), local and national-level peacebuilding initiatives, and civil society organizations.[2] Without the meaningful inclusion of local communities and ensuring that the victims have influence in the peacebuilding process, it is unlikely that the outcomes will be successful. To external actors who are driving the transitional justice process, it may appear that peace has been achieved. But it is ultimately the local population that needs to feel that the truth and reconciliation process has been successful. Only then can a society begin to grow beyond the confines of being labelled a “post-conflict” country. Though peacebuilding processes such as the Nepal Peace Trust Fund, the Peace Working Group, the Emergency Peace Support Project, and the Local Peace Committee were created, the absence of cohesion and coordination between the different levels of society has made them ineffective.[3] In a state recovering from conflict, inclusive peacebuilding should be the first priority; Nepal’s failure to do so has hindered the success of its transitional justice process. 

The Nepalese government’s actions further contribute to the failure of the truth and reconciliation process thus far. The Truth and Reconciliation Commission (TRC) and Commission of Investigation on Enforced Disappeared Persons (CIEDP) were not created until nine years after the war. This delay has limited the victims’ confidence in the transitional mechanisms.[4] Despite creating the TRC and CIEDP in 2015, the two transitional justice bodies have not completed a single investigation, though they have received over 63,000 complaints.[5] As of 2019, the TRC has only started preliminary investigations into about 10% of the complaints it received, while the CIEDP has started investigations into 75% of their cases.[6] The failure of the TRC and the CIEDP to carry out investigations and incarcerate perpetrators has ultimately allowed those who committed war crimes to walk free.[7] This has affected ex-combatants’ ability to reintegrate into Nepalese society, a process that is crucial for the country to return to a peaceful state.[8] The government has also tried to buy victims’ silence in speaking out against the TRC and CIEDP, further proving that those in power are pursuing personal interests rather than pushing forward justice in the country.[9] Additionally, neither of these bodies are seen as independent from the government, by civil society, NGOs, or international actors, decreasing their chance of success.[10] The lack of an effective governmental response, such as ignoring victims’ demands, not completing investigations in a timely manner, and refusing to amend the 2014 Commission on Investigation of Disappeared Persons, Truth and Reconciliation Act to adhere to international human rights standards, makes the government look as if they are doing everything they can to shield perpetrators of war crimes. This has ultimately undermined the entire transitional justice process.  

Over the years, the victims’ consultations that have been held by the Nepal government have been widely criticized. The consultations aimed to listen to the victims’ demands before appointing officials to the truth and reconciliation commissions. However, four human rights NGOs - International Commission of Jurists, Amnesty International, Human Rights Watch and TRIAL International - have accused the Nepalese government of not being transparent or inclusive in their appointment process.[11] Earlier this year, consultations were conducted regarding the Transitional Justice Act.[12] These consultations have been regarded as more for show than to actually change anything. Two three-hour sessions were held with only a small number of victims allowed to participate.[13] The government concluded the process by announcing the appointment of two new officials to the TRC and CIEDP.[14] The decision contradicted the victim’s calls to reform the transitional justice legal framework in order to align it with international human rights law before appointing new officials.[15] This is yet another example highlighting how the government’s actions combined with the top-down peacebuilding in Nepal is damaging the process.  

International human rights organizations agree that there has been little to no progress made in the fourteen years since the peace agreement was signed. The government has not listened to the victims’ demands, amended the process to follow international human rights laws, or carried out the reconciliation process with integrity. As the victims and families of victims do not feel that they have received justice since the end of Nepal’s civil war, the transitional justice process has been widely regarded as a failure. 

———————————————————————————————————————

  1. Does, Antonia. Inclusivity and Local Perspectives in Peacebuilding: Issues, Lessons, Challenges. Paper No. 8, Dag Hammarskjöld Foundation and Geneva Peacebuilding Platform, Jul. 2013, http://www.daghammarskjold.se/wp-content/uploads/2014/08/PP-08-Inclusivity-of-Local-Perspectives-in-PB-July-2013.pdf.    
  2. Does, 4.
  3. Does, 11. 
  4. Subedi, D. B., and Bert Jenkins. "The Nexus Between Reintegration Of Ex-Combatants And Reconciliation In Nepal: A Social Capital Approach." Reconciliation In Conflict-Affected Communities, 2017, pp. 41-56. Springer Singaporedoi:10.1007/978-981-10-6800-3_3.
  5. Jeffery, Renee. “Nepal’s Truth and Reconciliation Commission Limps on.” The Interpreter, 12 Feb. 2019, https://www.lowyinstitute.org/the-interpreter/nepal-truth-and-reconciliation-commission-limps
  6. Jeffery. “Nepal’s Truth and Reconciliation Commission Limps on.” 
  7. Subedi and Jenkins, "The Nexus Between Reintegration Of Ex-Combatants And Reconciliation In Nepal: A Social Capital Approach,” 46.   
  8. Subedi and Jenkins, 42. 
  9. Selim, Yvette. Transitional Justice in Nepal: Interests, Victims and Agency. 1st ed., Routledge, 2018. www.taylorfrancis.com, doi:10.4324/9781315170534. 
  10. Dyrstad, Karin, and Helga Malmin Binningsbø. “Between Punishment and Impunity: Public Support for Reactions against Perpetrators in Guatemala, Nepal and Northern Ireland.” International Journal of Transitional Justice, vol. 13, no. 1, Oxford Academic, Mar. 2019, pp. 165. academic.oup.com, doi:10.1093/ijtj/ijy032.
  11. Swart, Mia. “Nepal Transitional Justice Making Little Progress: Rights Groups.” Al Jazeera, 4 Dec. 2019, https://www.aljazeera.com/news/2019/12/4/nepal-transitional-justice-making-little-progress-rights-groups
  12. Swart.
  13. Swart. 
  14. Swart. 
  15. “Nepal: Recent Steps Undermine Transitional Justice.” Amnesty International, 25 Jan. 2020, https://www.amnesty.org/en/latest/news/2020/01/nepal-recent-steps-undermine-transitional-justice/.

Primary Texts and Documents

Appropriate Order Including the Order in the Nature of Mandamus Be Issued. Supreme Court Ruling, Supreme Court of Nepal, 2 Jan. 2014, https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/NPL/INT_CCPR_CSS_NPL_16473_E.pdf

Comprehensive Peace Accord: Signed between Nepal Government and the Communist Party of Nepal (Maoist). 22 Nov. 2006, https://peacemaker.un.org/sites/peacemaker.un.org/files/NP_061122_Comprehensive%20Peace%20Agreement%20between%20the%20Government%20and%20the%20CPN%20%28Maoist%29.pdf. 

Conflict Victims’ Common Platform. Conflict Victims’ Charter. Adopted by the National Conference of Conflict Victims on Transitional Justice, 21 Nov. 2018, https://www.satp.org/Docs/Document/1019.pdf. 

Government of Nepal. The Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2071 (2014). 11 May 2014http://trc.gov.np/wp-content/uploads/2018/03/actsrulesguidelines.pdf

Government of Nepal. The Truth and Reconciliation Commission Rules, 2072 (2016), 16 Feb, 2016, http://trc.gov.np/wp-content/uploads/2018/03/trc_rules_2016.pdf. 

International Center for Transitional Justice. Selecting Commissioners for Nepal’s Truth and Reconciliation Commission. Mar. 2011, www.ictj.org/sites/default/files/ICTJ-Nepal-Selecting-Commissioners-2011-English.pdf

International Commission of Jurists. Justice Denied: The 2014 Commission On Investigation Of Disappeared Persons, Truth And Reconciliation Act. May 2014, https://www.icj.org/wp-content/uploads/2014/05/Nepal-TRC-Act-Briefing-Paper.pdf.  

The Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2071 (2014), http://www.advocacyforum.org/downloads/pdf/press-statement/2020/awc-press-statement-on-recommendatio-of-officials-19-January-2020-english-version.pdf

United Nations Human Rights Office of the High Commissioner. An OHCHR Analysis of the Nepal Ordinance on Investigation of Disappeared People, Truth and Reconciliation Commission, 2012. Dec. 2012, https://www.ohchr.org/Documents/Press/Nepal_OHCHR_Analysis_TJ_Ordinance_Dec_2012.pdf

United Nations Human Right Office of the High Commissioner. Joint Communication From Special Procedures. Apr. 2019, https://www.ohchr.org/Documents/Issues/Truth/OL_NPL_1_2019.pdf

United Nations Human Rights Office of the High Commissioner. OHCHR Technical Note The Nepal Act on the Commission on Investigation of Disappeared Persons, Truth and Reconciliation, 2071 (2014). May 2014, https://www.ohchr.org/Documents/Countries/NP/OHCHRTechnical_Note_Nepal_CIDP_TRC_Act2014.pdf.

Annotated Bibliography

Adhikari, Prakash, Wendy L. Hansen, and Kathy L. Powers. "The Demand for Reparations: Grievance, Risk, and the Pursuit of Justice in Civil War Settlement." The Journal of Conflict Resolution, vol. 56, no. 2, 2012, pp. 183-205.

Prakash Adhikari is an associate professor in the Department of Political Science and Public Administration at Central Michigan University. Wendy Hansen and Kathy Powers are professors of political science at the University of New Mexico. Their study looks at why so few people who are eligible to receive reparation compensation from the Nepali government have attempted to claim it. The study included a multivariable analysis of different risks they believe have disincentivized certain people from applying for compensation. Although conducted before the creation of the Truth and Reconciliation Commission (TRC), the same issues are still relevant and have not gone away after the TRC’s implementation.

Does, Antonia. Inclusivity and Local Perspectives in Peacebuilding: Issues, Lessons, Challenges. Paper No. 8, Dag Hammarskjöld Foundation and Geneva Peacebuilding Platform, Jul. 2013, http://www.daghammarskjold.se/wp-content/uploads/2014/08/PP-08-Inclusivity-of-Local-Perspectives-in-PB-July-2013.pdf.   

Antonia Does is an Advisor in Evaluation and Learning at a Swiss development organization, Helvetas. She holds a Masters of International Affairs and has worked in the security and development sectors since 2012. Her paper discusses how to further operationalize inclusive peacebuilding. Does argues that inclusivity depends on the engagements of actors at all levels of the peacebuilding processes. In order to do so, the way in which international organizations such as the United Nations engage with locals in the process needs to change. Does does a case study on Nepal and why the country is struggling to implement justice and comes to the conclusion that it is because of a lack of engagement between the government and local levels. 

Dyrstad, Karin, and Helga Malmin Binningsbø. “Between Punishment and Impunity: Public Support for Reactions against Perpetrators in Guatemala, Nepal and Northern Ireland.” International Journal of Transitional Justice, vol. 13, no. 1, Oxford Academic, Mar. 2019, pp. 155-84. academic.oup.com, doi:10.1093/ijtj/ijy032.

Karin Dyrstad is an Associate Professor at the Norwegian University of Science and Technology with a research focus on public opinion in former conflict regions. Helga Malmin Binningsbø is a Senior Researcher at the Peace Research Institute Oslo with an interest in conflict-related justice processes. Their study explores the fact that while elites’ support for transitional mechanisms are necessary for the implementation, how the rest of society regards the mechanisms contributes to their long-term success. In their analysis of Nepal, they found that most of the participants felt strongly about punishing perpetrators from the war, and those who did not identified with the Nepal Communist Party proving that wartime identities stay with individuals long past the war which affects the transitional justice process. 

Joshi, Madhav, and Subodh R. Pyakurel. "Individual-Level Data on the Victims of Nepal’s Civil War, 1996–2006: A New Data Set." International Interactions, vol. 41, no. 3, 2015, pp. 601-619. doi: 10.1080/03050629.2015.987345

Madhav Joshi is a research associate professor at the University of Notre Dame’s Kroc Institute for International Peace Studies. Subodh Pyakurel works for the Informal Sector Service Centre (INSEC), a Nepali non-governmental organization that protects the rights of people in the informal sector. Their article compiles data collected by INSEC on the demographics and numbers of people that were killed, injured, or missing in the Nepalese Civil War as well as important events, dates, and perpetrators in the conflict. This information is useful for answering questions about the war itself and about what kind of work needs to be done by the Nepal Truth and Reconciliation Commission.

Robins, S. "WHOSE VOICES? UNDERSTANDING VICTIMS' NEEDS IN TRANSITION: Nepali Voices: Perceptions of Truth, Justice, Reconciliation, Reparations and the Transition in Nepal by the International Centre for Transitional Justice and the Advocacy Forum, March 2008." Journal of Human Rights Practice, vol. 1, no. 2, 2009, pp. 320-331. https://doi-org.ezproxy.library.ubc.ca/10.1093/jhuman/hup006

Dr. Simon Robins is a research fellow at the University of York’s Centre for Applied Human Rights. His journal article details his studies on what Nepalese citizens affected by the Nepalese Civil War want in terms of transitional justice. He outlines a major problem: while it is recognized that local communities must be taken into consideration by any transitional justice processes, these processes have been overwhelmingly dominated by elites that are not regarding local concerns. His report, produced almost two years after the founding of the Nepal Truth and Reconciliation Commission, shows the views of regular victims of the Nepalese Civil War on the justice they want to see.

Selim, Yvette. Transitional Justice in Nepal: Interests, Victims and Agency. 1st ed., Routledge, 2018. www.taylorfrancis.com, doi:10.4324/9781315170534

Yvette Selim is an Interim Deputy Director at the University of Technology Sydney law school with a background in law, conflict resolution, and bioethics. Her book draws on interviews with victims, ex-combatants, community members, human rights advocates, journalists, representatives from diplomatic missions, international organizations, and the donor community and the dynamics between these actors are affecting the transitional justice process in Nepal. Her findings are important to the study of truth and reconciliation in Nepal as they reveal the complex nature of the process and the array of different factors at play. 

Subedi, D. B., and Bert Jenkins. "The Nexus Between Reintegration Of Ex-Combatants And Reconciliation In Nepal: A Social Capital Approach." Reconciliation In Conflict-Affected Communities, 2017, pp. 41-56. Springer Singapore, doi:10.1007/978-981-10-6800-3_3.

D.B. Subedi is a Post Doctoral Research Fellow at the University of New England with a specialty in political sociology and peace studies. Bert Jenkins is a Senior Lecturer at the University of New England in ecology and environmental peace. Their chapter in this book focuses on how the social reintegration of Maoist ex-combatants have affected the transitional justice process in Nepal. They argue that the Truth and Reconciliation Commission has been ineffective from the beginning and the delayed process has allowed perpetrators of war crimes to walk free. This study is important as it explores the truth and reconciliation process from a unique angle: how the government trying to institutionalize amnesty for perpetrators has affected ex-combatants ability to integrate successfully back into Nepalese society, as the victims feel they cannot be trusted. 

Upreti, Bishnu R. "Nepal from War to Peace." Peace Review (Palo Alto, Calif.), vol. 24, no. 1, 2012, pp. 102-107.

Dr. Bishnu Raj Upreti is an advisor at the Nepal Centre for Contemporary Research with a PhD in conflict management. His article characterizes Nepal’s transition from the Nepalese Civil War to a democratic peacetime. There are various flaws and setbacks explained in the article that have plagued the country’s attempt at reconciliation and the transition process. Upreti highlights concerns of slow government action and lack of implementation of the Comprehensive Peace Agreement guidelines, resulting in continual problems in security sector reform, state restructuring, peace dividends, and justice for victims of the conflict.

Bibliography/Works Cited

Adhikari, Prakash, Wendy L. Hansen, and Kathy L. Powers. "The Demand for Reparations: Grievance, Risk, and the Pursuit of Justice in Civil War Settlement." The Journal of Conflict Resolution, vol. 56, no. 2, 2012, pp. 183-205.

Appropriate Order Including the Order in the Nature of Mandamus Be Issued. Supreme Court Ruling, Supreme Court of Nepal, 2 Jan. 2014, https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/NPL/INT_CCPR_CSS_NPL_16473_E.pdf.

Bhatta, Ganesh Dutta. “Message From Chairperson.” Truth and Reconciliation Commission, Nepal, https://trc.gov.np/message-from-chairperson/.

Bhattarai, Sewa. “Victims Unhappy as Nepal Revives Transitional Justice Process.” Al Jazeera, 13 Jan. 2020, https://www.aljazeera.com/news/2020/01/13/victims-unhappy-as-nepal-revives-transitional-justice-process/

Comprehensive Peace Accord: Signed between Nepal Government and the Communist Party of Nepal (Maoist). 22 Nov. 2006, https://peacemaker.un.org/sites/peacemaker.un.org/files/NP_061122_Comprehensive%20Peace%20Agreement%20between%20the%20Government%20and%20the%20CPN%20%28Maoist%29.pdf. 

Conflict Victims’ Common Platform. Conflict Victims’ Charter. Adopted by the National Conference of Conflict Victims on Transitional Justice, 21 Nov. 2018, https://www.satp.org/Docs/Document/1019.pdf. 

Does, Antonia. Inclusivity and Local Perspectives in Peacebuilding: Issues, Lessons, Challenges. Paper No. 8, Dag Hammarskjöld Foundation and Geneva Peacebuilding Platform, Jul. 2013, http://www.daghammarskjold.se/wp-content/uploads/2014/08/PP-08-Inclusivity-of-Local-Perspectives-in-PB-July-2013.pdf.    

Dyrstad, Karin, and Helga Malmin Binningsbø. “Between Punishment and Impunity: Public Support for Reactions against Perpetrators in Guatemala, Nepal and Northern Ireland.” International Journal of Transitional Justice, vol. 13, no. 1, Oxford Academic, Mar. 2019, pp. 155-84. academic.oup.com, doi:10.1093/ijtj/ijy032.

Government of Nepal. The Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2071 (2014). 11 May 2014http://trc.gov.np/wp-content/uploads/2018/03/actsrulesguidelines.pdf

Government of Nepal. The Truth and Reconciliation Commission Rules, 2072 (2016), 16 Feb, 2016, http://trc.gov.np/wp-content/uploads/2018/03/trc_rules_2016.pdf

Human Rights Watch. “Nepal: 9-Point Deal Undermines Transitional Justice.” Human Rights Watch, 12 May 2016, https://www.hrw.org/news/2016/05/13/nepal-9-point-deal-undermines-transitional-justice.

International Center for Transitional Justice. Selecting Commissioners for Nepal’s Truth and Reconciliation Commission. Mar. 2011, www.ictj.org/sites/default/files/ICTJ-Nepal-Selecting-Commissioners-2011-English.pdf

International Commission of Jurists. Justice Denied: The 2014 Commission On Investigation Of Disappeared Persons, Truth And Reconciliation Act. May 2014, https://www.icj.org/wp-content/uploads/2014/05/Nepal-TRC-Act-Briefing-Paper.pdf.  

Jeffery, Renee. “Nepal’s Truth and Reconciliation Commission Limps on.” The Interpreter, 12 Feb. 2019, https://www.lowyinstitute.org/the-interpreter/nepal-truth-and-reconciliation-commission-limps

Jha, Prabhat R., and Saif Khalid. “What Became of 1,400 People Who Disappeared in Nepal?” Al Jazeera, 27 Apr. 2016, https://www.aljazeera.com/gallery/2016/4/27/what-became-of-1400-people-who-disappeared-in-nepal/

“Nepal: Recent Steps Undermine Transitional Justice.” Amnesty International, 25 Jan. 2020, https://www.amnesty.org/en/latest/news/2020/01/nepal-recent-steps-undermine-transitional-justice/.

Republica. “CIEDP Makes Public Names of 2,506 Disappeared.” My Republica, http://myrepublica.nagariknetwork.com/news/90674/. Accessed 23 Nov. 2020.

Schonveld, Ben. “Nepal’s Supreme Court Lays down the Gauntlet.” International Commission of Jurists, 13 Jan. 2014, https://www.icj.org/nepals-supreme-court-lays-down-the-gauntlet/.

Robins, S. "WHOSE VOICES? UNDERSTANDING VICTIMS' NEEDS IN TRANSITION: Nepali Voices: Perceptions of Truth, Justice, Reconciliation, Reparations and the Transition in Nepal by the International Centre for Transitional Justice and the Advocacy Forum, March 2008." Journal of Human Rights Practice, vol. 1, no. 2, 2009, pp. 320-331. https://doi-org.ezproxy.library.ubc.ca/10.1093/jhuman/hup006

Selim, Yvette. Transitional Justice in Nepal: Interests, Victims and Agency. 1st ed., Routledge, 2018. www.taylorfrancis.com, doi:10.4324/9781315170534.

Shrestha, Yuvaraj. “The Torturous Road to Peace.” Nepali Times, 15 Apr. 2016, http://archive.nepalitimes.com/article/nation/the-torturous-road-to-peace,2985

Subedi, D. B., and Bert Jenkins. "The Nexus Between Reintegration Of Ex-Combatants And Reconciliation In Nepal: A Social Capital Approach." Reconciliation In Conflict-Affected Communities, 2017, pp. 41-56. Springer Singapore, doi:10.1007/978-981-10-6800-3_3.

Swart, Mia. “Nepal Transitional Justice Making Little Progress: Rights Groups.” Al Jazeera, 4 Dec. 2019, https://www.aljazeera.com/news/2019/12/4/nepal-transitional-justice-making-little-progress-rights-groups

The Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2071 (2014), http://www.advocacyforum.org/downloads/pdf/press-statement/2020/awc-press-statement-on-recommendatio-of-officials-19-January-2020-english-version.pdf

Truth and Reconciliation Commission, Nepal. “About Commission.” Truth and Reconciliation Commission, Nepal, https://trc.gov.np/about-commission/.

United Nations Human Rights Office of the High Commissioner. An OHCHR Analysis of the Nepal Ordinance on Investigation of Disappeared People, Truth and Reconciliation Commission, 2012. Dec. 2012, https://www.ohchr.org/Documents/Press/Nepal_OHCHR_Analysis_TJ_Ordinance_Dec_2012.pdf.

United Nations Human Right Office of the High Commissioner. Joint Communication From Special Procedures. Apr. 2019, https://www.ohchr.org/Documents/Issues/Truth/OL_NPL_1_2019.pdf

United Nations Human Rights Office of the High Commissioner. OhCHR Technical Note The Nepal Act on the Commission on Investigation of Disappeared Persons, Truth and Reconciliation, 2071 (2014). May 2014, https://www.ohchr.org/Documents/Countries/NP/OHCHRTechnical_Note_Nepal_CIDP_TRC_Act2014.pdf

Upreti, Bishnu R. "Nepal from War to Peace." Peace Review (Palo Alto, Calif.), vol. 24, no. 1, 2012, pp. 102-107.