Incident Reports

Time to act- Valerie Julliand 's Oped on Transitional Justice

2016-09-14

Nepal

Ganga Maya Adhikari is fasting until death. She is protesting the handling of the case of her murdered son, killed in 2004 allegedly by Maoist combatants. Ganga Maya wants the accused tried in court. Twelve years later, she is still waiting. At this impasse, Ganga Maya is adamant that she will sacrifice herself for justice; her husband, who had joined her in protest, fasted to death in 2014. Yet, every day Ganga Maya refuses food. Out of despair, pain and sorrow, victims of war could go to great and dangerous lengths to be heard and to attain justice, but this is avoidable. Victims should not have to go to such extremes, ones in which they may die, to reach their goals. It’s now time to take action and do so quickly. Reports from the National Human Rights Commission and local human rights organisations have not only highlighted the crimes that were committed by both sides during the conflict, but suggested ways to move forward. Moreover, the UN Secretary-General’s Guidance Note on Transitional Justice emphasises that transitional justice mechanisms are an important part of the peace and reconciliation process, and should complement criminal processes, not be an alternative to them. This is what Ganga Maya and other victims of the conflict are owed in their quest for justice, because with no one legally responsible for torture, murder, rape and disappearances, the families and loved ones of the victims will find no peace. As a conflict-victim activist stated, “I am being asked to forgive, but I need to know who I am forgiving.” Maintaining standards The government has a legal obligation to address the latent issues of the conflict and this includes acknowledging the crimes committed against victims of the conflict—regardless of from which side the perpetrators came—and providing both justice and reparations so that there can be reconciliation. Large portions of the Truth and Reconciliation Commission Act fell short of the Nepal Supreme Court’s standards and were struck down. The Court found that many of the law’s elements failed to meet international standards. In 2015, the government of Nepal also accepted the recommendation of the Human Rights Council to implement the Supreme Court rulings so that investigation into human rights violations committed by both parties to the conflict, reparations and reconciliation efforts are made while adhering to international standards. Accountability in matters of human rights and justice is even more necessary than in any other matters. Once the government makes indispensable amendments to the Act, and passes key legislation criminalising torture and forced disappearance, the UN and the international community are ready to offer support to the government and the transitional justice mechanisms, and also help victims and their families as they navigate this new system. A helping hand At the United Nations, we are committed to helping the transitional justice process that has made significant inroads since the end of the conflict. We are a support structure for the government and the transitional justice commission. The UN, with its victim-centric approach, stands ready to provide technical expertise to the commissions so that they can fulfill their mandate. This expertise can include elaborating procedures and mechanisms, building the commissions’ capacity to support witnesses and victims, providing support in victim recovery and identification of missing persons, case handling, and reparations. Nepal and the rest of the world adopted the 2030 Global Agenda on Sustainable Development last year, signaling (in its 16th goal) the importance to “promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels.” The rule of law is a basic tenet for a peaceful society, and it allows that all citizens benefit from the social and economic opportunities that may arise as the country moves ahead on the road from transition to stability and development. I am confident that Nepal will see through on its commitment to ensuring justice, human rights, and effective governance based on rule of law. The UN is here to help on its agenda for sustainable development. Acting now will not only save the lives of people like Ganga Maya, but will also lead to strengthening the social contract between the state and its citizens, and hence to sustained peace and prosperity in Nepal. Julliand is the UN Resident Coordinator for Nepal.   

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