Political interference in selections is jeopardizing the process, say Amnesty, HRW, and ICJ
KATHMANDU, MAY 12
Three international human rights organizations have urged the Nepal government to urgently heed the demands of conflict victims and amend the process for appointing commissioners to the country's two transitional justice bodies.
In a joint statement issued from Geneva on Tuesday, Amnesty International, Human Rights Watch (HRW), and the International Commission of Jurists (ICJ) emphasized that the successful implementation of the transitional justice law adopted by parliament in 2024 requires a transparent and rigorous process to ensure the appointment of credible and highly qualified commissioners.
"The appointment of competent, impartial commissioners fully independent from any political party is crucial to the credibility and success of transitional justice in Nepal," said Isabelle Lassée, deputy regional director for South Asia at Amnesty International. "The government should immediately allow a revision of the appointment process to include more candidates and strengthen procedures."
In August 2024, Nepal's parliament adopted a law that victims' groups broadly accepted as a viable basis for the long delayed transitional justice process to address widespread human rights violations and abuses committed during the 1996-2006 conflict between Maoist insurgents and Nepali security forces. Under the legislation there will be two bodies – a Truth and Reconciliation Commission and a Commission of Investigation on Enforced Disappeared Persons. However, survivors and victims' representatives have rejected a short list of candidates published by a committee to appoint commissioners, the statement further stated.
The statement noted that on May 1, 38 victims' organizations said that the short-listed candidates are "unlikely to carry forward the national responsibility of transitional justice," leaving victims "once again denied justice" and suffering "a deep sense of betrayal and humiliation."
The groups stressed that the "list was developed through a non-transparent, superficial, and politically influenced process based on power-sharing and [political] access, rather than merit." The appointments committee had failed to "publicly disclose the criteria, basis, and transparent procedures used to prepare the shortlist." According to the groups, the list "includes... individuals who have defended perpetrators, and many who lack knowledge, contribution, or expertise in transitional justice."
Nepal has previously formed transitional justice commissions, which collectively received more than 60,000 complaints. However, these commissions failed to deliver due to political interference and the lack of institutional independence. In 2015, the Supreme Court had ruled that the earlier law violated both the constitution and Nepal's international obligations.
While the revised law includes some improvements, the rights organizations expressed concern over provisions that could allow amnesty for serious international crimes such as war crimes and crimes against humanity. The statement emphasized that the selection of commissioners will directly affect how these provisions are interpreted and enforced.
"Conducting a successful transitional justice process is of importance to all Nepalis, but above all to conflict victims who have struggled for decades to receive truth, justice and reparations," said Meenakshi Ganguly, deputy Asia director at Human Rights Watch. "It has become routine for successive governments to promise that transitional justice will be 'victim centric,' but these words have little meaning unless victims' concerns are addressed and they are able to meaningfully engage in the process."
"If the current process continues, victims may be compelled to form a parallel civil commission," the victims' groups warned, calling on the international community and the United Nations to support only a credible and victim-centric process.
At a public event in March, Prime Minister and leaders of major political parties had pledged to deliver a transparent and credible transitional justice process. However, victims say these promises have yet to be reflected in action.
Nepali human rights organizations, in a separate statement on May 6, also called for a revised selection process incorporating public hearings, background checks, and clear selection criteria. They urged the government to use its legal authority to remove obstacles and extend the committee's term if necessary.
"The delivery of effective justice for those suffering from the atrocities of Nepal's armed conflict is decades overdue, but there is finally a chance to conduct a successful process that enhances human rights and the rule of law in Nepal," said Ian Seiderman, Senior Legal and Policy Director at the International Commission of Jurists. "The government owes it to the victims and survivors, and to all Nepalis, to ensure that credible candidates meeting the highest standards are appointed as commissioners."
