Identifying Gaps and Consolidating Transitional Justice Mechanisms

DNPSF_14S_Identifying Gaps and Consolidating Transitional Justice Mechanisms_Pooja Karki-1

Author: Pooja Karki, Daayitwa Fellow at Ministry of Peace and Reconstructions

This report is based on the research study conducted as a result of identifying current needs of the Ministry of Peace and Reconstructions (MoPR) in terms of achieving transitional justice (TJ) goals in Nepal. The “Act Made for Making Provisions Relating to the Commission on Investigation of Disappeared Persons, Truth and Reconciliatio 2071 (2014)” or the TRC Act has made it clear that Truth and Reconciliation Commission (TRC) as well as Commission on the Investigation of the Disappeared Persons (COIDP) will be established to redress the grave human rights abuses that too place over the ten years long armed conflict in Nepal from 1996 to 2006. This report attempts to give an overview of the philosophy of TJ, discuss about Nepal’s TJ process in order to identify gaps and create an organogram or organizational structure for the Commissions that are to be formed in the near future. The proposed organogram will discuss various components of the Commissions and what their roles could be in order to achieve a holistic TJ process in Nepal. The data collection for this research was done mostly through academic research as well as via interactions and interviews with various civil society and victim groups. Similarly, staffs at the National Human Rights Commission (NHRC) were also consulted. During research, it was found that there is huge gap in victims’ understanding of what these Commissions are mandated to do as well as in the concept of TJ. Also, via discussion with the Joint Secretary at MoPR, it was found that the Ministry needed to do some homework in laying groundwork for the Commissions before they start operating. Therefore, creating a prospective
organizational structure and identifying prospective roles of its various components could highly benefit the Ministry in the future.

There will always be a discrepancy between expectations and outcomes in many of the processes in post-conflict societies. Realizing this fact, it is pivotal for the MoPR to manage the expectations of the victims and Nepali people as to what can be ultimately and realistically achieved from a truth commission process in order to avoid further animosity towards the Ministry’s effort on achieving holistic TJ process in Nepal. One way to do so is to create a citizen’s handbook on the Commissions to make Nepali people; the international community and especially the victims understand the works, mandates and the limitations of the Commissions. This report will also include a prospective the Handbook that was prepared during the research. The Handbook could serve as a part of preliminary outreach efforts of the Commission’s.

The above executive summary is based on a rigorous research work under Daayitwa- Nepal Public Service Fellowship program by Daayitwa Fellows starting 2013 onwards. If you wish to access the full report, please email us at fellowship@daayitwa.org.
Note: Please address “Fellowship Report” under subject in your email.