The Nepal government faces pressure to amend its process for appointing commissioners to transitional justice bodies, according to a joint statement from Amnesty International, Human Rights Watch, and the International Commission of Jurists. These organizations stress the importance of a transparent appointment process to ensure the success of the transitional justice law adopted by parliament in 2024.
In August 2024, Nepal’s parliament enacted legislation aimed at addressing human rights violations during the 1996-2006 conflict between Maoist insurgents and Nepali security forces. The law provides for two bodies: a Truth and Reconciliation Commission and a Commission of Investigation on Enforced Disappeared Persons. However, victims’ groups have rejected the current shortlist of candidates for these commissions.
Isabelle Lassée, deputy regional director for South Asia at Amnesty International, stated: “The appointment of competent, impartial commissioners fully independent from any political party is crucial to the credibility and success of transitional justice in Nepal.” She urged the government to revise the appointment process.
The Comprehensive Peace Agreement signed in 2006 included commitments to reveal information about enforced disappearances within 60 days and establish a High-level Truth and Reconciliation Commission. Yet political interference has delayed these commitments, causing prolonged suffering for victims’ families.
Previous commissions have received over 60,000 complaints but failed due to political interference. A Supreme Court ruling in 2015 declared an earlier transitional justice law unconstitutional. Although recent amendments have positive elements, they still allow amnesty for war crimes perpetrators. The integrity of appointed commissioners will be critical.
A statement from victims’ groups criticized the candidate list as developed through “a non-transparent, superficial, and politically influenced process.” They expressed concerns that it includes individuals lacking expertise in transitional justice or those who have defended perpetrators.
Meenakshi Ganguly from Human Rights Watch emphasized that successful transitional justice is vital for all Nepalis but especially for conflict victims seeking truth and reparations. Victims warned they might form a parallel civil commission if their concerns are ignored.
At an event organized by the International Commission of Jurists in March in Kathmandu, Nepal’s prime minister committed publicly to establishing a credible victim-centric process above political differences.
Nepal’s international partners are urged to support this effort by insisting on transparency and adherence to human rights standards. In a separate statement on May 6th, ten Nepali human rights organizations called for integrating victim consultations into commissioner selection processes with clear criteria and public hearings.
Ian Seiderman from the International Commission of Jurists noted: “The delivery of effective justice…is decades overdue…but there is finally a chance.” He stressed that credible candidates must meet high standards as commissioners.
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