Among the many unresolved issues in Nepal, addressing transitional justice remains a significant challenge. Although the Truth and Reconciliation Commission (TRC) was established to address this, victims and survivors feel they are still far from achieving the justice they deserve. Transitional justice (TJ) is a process that responds to human rights violations through judicial redress, political reforms, and cultural healing, ensuring that measures are taken to prevent the recurrence of such abuses. The concept of transitional justice became more defined in the late 1980s, following the end of the Cold War, as political changes swept across Latin America and Eastern Europe, leading people to demand justice.
History has shown that communities repeatedly endure massive violations of their human, social, and cultural rights, often under dictatorial regimes or during conflicts where people fight against forces they believe are infringing on their rights. Unfortunately, in the name of protecting some rights, the rights of others are often violated. Also most of the ugliest brunts are faced by girls and women. According to the International Centre for Transitional Justice (ICTJ), Transitional Justice refers to how societies respond to the legacies of serious human rights violations. It raises some of the most challenging questions in law, politics, and social sciences and grapples with numerous dilemmas. Transitional Justice is fundamentally about addressing the needs of victims and survivors of widespread violence.
Gender-based violence
When massive violence occurs, women, children, the elderly, and people with disabilities often suffer the most. Therefore, it is crucial to identify and address these abuses. Unfortunately while addressing violence against girls and women, due to the so called lack of evidence gender based violence is the one that is addressed the last if ever! Following the ten-year Maoist insurgency in Nepal, which ended with the Maoists joining the government, Nepal achieved a historical milestone by peacefully concluding the civil conflict and entering a new phase. This outcome was possible due to negotiations among various political forces, with direct and indirect involvement from countries like India, the USA, and the UN.
However, decades after this historic event and the establishment of the TRC, victims and survivors still await the justice. Incidents such as gang rapes by armed forces on both sides — Maoist militants and government forces — remain unresolved. Recent efforts to strengthen the TRC and improve governance and management offer hope for progress, but expectations for justice among victims and survivors remain low. The media has now a crucial role to play in highlighting where the TRC has fallen short and how the process can be expedited. The overall governance structure, with its cumbersome civil bureaucracy, often hinders the progress of commissions due to unclear lines of authority and poorly defined roles and responsibilities.
It is essential for the media to investigate how the voices of victims, survivors, and their families might have been suppressed. Although the government has allocated resources, including international grants and aid, these have not been distributed equitably among all affected populations, as promised by leaders. While media coverage of transitional justice issues exists, the time has come, especially with recent developments concerning the TRC, to intensify these efforts. Reporting on these issues must be done through a gender lens, ensuring sensitivity to gender inequalities and fair representation of women, men, and transgender communities in the context of transitional justice.
Many families affected by the conflict have dispersed, with some members having grown up and started new families. Some may not wish to share their painful experiences publicly, as it would reopen old wounds. While respecting their privacy and current lives is important, it is equally crucial to address the violence they endured and ensure they receive their rightful compensation and support discreetly, so no one is left behind.
After a country experiences widespread human rights violations, numerous challenges arise in establishing transitional justice. Accusations against leaders and government authorities’ surface both internally and internationally. Handling these accusations strategically is one of the major hurdles. In Nepal, since becoming a Federal Republic through a peace process, no elected government has completed its tenure. A series of coalition government formations and dissolutions have led to instability, where corruption has surged, and addressing the needs of conflict victims and survivors has been sidelined.
Judicial measures
Judicial measures, including trials for thousands of victims and perpetrators, are daunting tasks. Over nearly two decades, numerous non-governmental organisations (NGOs) and individuals have become experts in conflict resolution and transitional justice. Some families of the disappeared have also gained expertise, and many have earned PhDs on conflict and TJ-related topics. Yet, justice for affected individuals, their families, and the broader community remains elusive. On a positive note, human resources within Nepal have been developed over the years, including both members of conflict-affected families and external experts, who have a clear understanding of what transitional justice (TJ) entails.
It is now the responsibility of these experts to strategically advocate for accountability, ensuring that the government fulfils its commitment to achieving TJ through the TRC. It is crucial to appoint the right people, with the right commitments, to governance and management positions within the TRC to guide it toward achieving its goals. The media’s role now is to delve into these issues sensitively, using a gender perspective, and foster a dialogue among think tanks and the general population on advancing transitional justice to ensure it reaches all who deserve it.
(Sharma is a senior journalist and women’s rights advocate. namrata1964@yahoo.com. Twitter handle: @NamrataSharmaP)
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