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# Nepal's Truth and Reconciliation Commission: revised, but revitalized?
- URL: https://www.opendemocracy.net/en/nepals-truth-and-reconciliation-commission-revised-but-revitalized/
- Published: 2014-06-16T13:06:19.000Z
- Updated: 2026-04-16T13:29:39.000Z
- Description: Nepali citizens have long been denied justice, but continued civil society pressure on the new, long-delayed Constituent Assembly will hopefully improve parliamentary efforts to give the dragging peace process and long-awaited Truth and Reconciliation Commission some resolution.
- Author: Liam D. Anderson
- Tags: transitional justice, #Migrated, Security in South and Central Asia, Peacebuilding, State violence, #en, #Import 2026-04-09 16:37, #ImagesUploaded

In January 2014 Nepal’s Supreme Court passed a directive to restructure the still unestablished Truth and Reconciliation Commission (TRC), most importantly prohibiting potential amnesties for serious crimes. Over seven years since the decade-long civil war, this represented some hope for tired Nepalis to finally end impunity for war-time crimes.

However, [criticism](http://www.myrepublica.com/portal/index.php?action=news%5Fdetails&news%5Fid=71375&ref=opendemocracy.net) at the 110th session of the UN Human Rights Committee in March 2014 nearly 3 months later illustrates continuing [slow](http://www.ekantipur.com/2014/03/24/top-story/kin-of-disappeared-still-without-answers/387140.html?ref=opendemocracy.net) progress in the reforms, and demonstrations and hunger [strikes](http://www.gulf-times.com/nepal/250/details/382434/nepal%E2%80%99s-renewed-hope-for-truth-and-reconciliation?ref=opendemocracy.net) reflect victims’ deep [frustration](http://www.thehimalayantimes.com/fullNews.php?headline=Conflict+victims+appeal+to+the+state+to+come+clean&NewsID=409723&ref=opendemocracy.net) with this stalling. In April, TRC legislation was finally voted through the Constituent Assembly, but controversy remains.

## **History of violence**

Following the war, the 2006 Comprehensive Peace Agreement (CPA) [provided](http://www.satp.org/satporgtp/countries/nepal/document/papers/peaceagreement.htm?ref=opendemocracy.net) for a TRC. This has, however, been long delayed by [political power struggles](http://www.crisisgroup.org/en/regions/asia/south-asia/nepal/233-nepals-constitution-i-evolution-not-revolution.aspx?ref=opendemocracy.net), and military and political leaders’ reluctance to open their war-time pasts to scrutiny. Post-war transition has been slow and shaky, and prospects looked even bleaker with the Constituent Assembly’s dissolution in early 2012, after running out several extensions of its mandate to draft a new constitution. November 2013’s successfully-held Constituent Assembly elections, though, and the fresh parliamentary composition, are hopefully the basis for progress in transition and development.

During the war an estimated [17,800](http://archive.is/NhKNa?ref=opendemocracy.net) died according to Nepal’s government, hundreds were forcibly [disappeared](http://www.irinnews.org/report/99662/nepal-s-renewed-hope-for-truth-and-reconciliation?ref=opendemocracy.net), and thousands more suffered injury, torture, and rape. Civilians were [targeted](http://ekantipur.com/2014/01/20/oped/dismantling-impunity/384180.html?ref=opendemocracy.net) with extrajudicial killings and torture by both state security services and rebels, in battles and repression of enemy support. Unfortunately, corruption and torture in detention [continue](http://www.apt.ch/content/files%5Fres/loi-submission-nepal-af-redress-apt-1.pdf?ref=opendemocracy.net) to be serious post-war problems among the police, army, and party cadres.

While the Maoists’ People’s Liberation Army has since been [dissolved](http://news.xinhuanet.com/english/world/2013-08/26/c%5F132664282.htm?ref=opendemocracy.net), the Nepali Army remains, and has changed [little](http://www.crisisgroup.org/en/regions/asia/south-asia/nepal/B131-nepals-peace-process-the-endgame-nears.aspx?ref=opendemocracy.net) since the undemocratic monarchist regime save for its name losing ‘[Royal](http://news.bbc.co.uk/1/hi/world/south%5Fasia/4998666.stm?ref=opendemocracy.net)’. The military was under monarchist control during the war, and helped to suppress the 2006 Jana Andolan II mass popular protests against the last king Gyanendra’s autocratic and militaristic rule. It has long faced calls to [democratize](http://www.thehimalayantimes.com/fullTodays.php?headline=Civil%2C+military+relations+An+overview+&NewsID=254955&ref=opendemocracy.net) and ‘[right-size](http://www.ekantipur.com/the-kathmandu-post/2012/03/13/oped/right-the-size/232601.html?ref=opendemocracy.net)’. It lacks a culture of accountability and has been resistant to [changes](http://www.ekantipur.com/the-kathmandu-post/2013/04/22/related%5Farticles/coas-rana-rallies-around-retaining-current-army-size/247880.html?ref=opendemocracy.net) outlined in the CPA, including down-sizing and establishing a TRC.

Numerous post-war politicians, particularly those in war-time positions of power on either side, have been similarly slow to act, and have even used broad discretionary powers in transitional legislation to interfere in investigation, essentially avoiding effective prosecution. This lack of progress has been exacerbated with parties’ power-play and their apparent wariness of antagonizing the military.

A successful TRC depends on the [cooperation](http://www.ekantipur.com/2014/03/24/editorial/inescapable-truth/387158.html?ref=opendemocracy.net) of military figures and politicians, especially from either Maoist party – UCPN-M or CPN-M – who likely fear their own investigation. Despite some judicial counter-efforts, successive post-war governments have [withdrawn](http://www2.ohchr.org/english/bodies/hrc/docs/ngos/AI%5FNepal%5FHRC108.pdf?ref=opendemocracy.net) hundreds of cases, including many murder charges, often on the basis that security personnel were “acting in good [faith](http://www.advocacyforum.org/downloads/pdf/publications/evading-accountability-by-hook-or-by-crook.pdf?ref=opendemocracy.net)”, especially with politically-affiliated individuals.

The lack of [any](http://www.bbc.co.uk/news/world-asia-21996638?ref=opendemocracy.net) effective prosecution of war-time crimes is a major injustice to victims, and this impunity could potentially cause serious unrest and undermine Nepal’s fragile transition towards stronger democratic institutions.

## **Supreme Court safeguard**

In March 2013 [controversial](http://www.hrw.org/node/114432?ref=opendemocracy.net) TRC legislation was [opaquely](http://www.inseconline.org/index.php?type=interview&id=18&lang=en&ref=opendemocracy.net) pushed through. It merged the TRC and disappearance commissions and, despite CPA and international [legal](http://www.un.org/apps/news/story.asp/story.asp?NewsID=46872&Cr=Nepal&Cr1=&ref=opendemocracy.net#.UwP7r4UqL1U) obligations, gave wide [scope](http://www.business-standard.com/article/news-ians/setbacks-for-women-minorities-in-nepal-report-114012100589%5F1.html?ref=opendemocracy.net) for arbitrary decisions on amnesty even for serious crimes. The Supreme Court suspended it two weeks later, [responding](http://hrp.law.harvard.edu/wp-content/uploads/2013/09/Nepal%5FReport%5FOnline-2.pdf?ref=opendemocracy.net) to wide civil society [criticism](http://www2.ohchr.org/english/bodies/hrc/docs/ngos/AI%5FNepal%5FHRC108.pdf?ref=opendemocracy.net) and [petitioners](http://www.advocacyforum.org/downloads/pdf/publications/impunity/occ-brief-impunity-2013.pdf?ref=opendemocracy.net) demanding public consultation and restriction of amnesty powers.

The January 2014 Supreme Court [ruling](http://ekantipur.com/2014/01/20/oped/dismantling-impunity/384180.html?ref=opendemocracy.net) then fully overturned this legislation. This limited amnesty provisions, separated the TRC and disappearance commission to ensure their effective implementation, made suspected human rights violators ineligible for commission appointment, and reduced the politically-appointed Attorney General’s discretionary power to decide on prosecution.

These were important decisions for transitional justice and independent investigation, and their passing early in the new Constituent Assembly’s tenure put the long-neglected issue into fresh focus. Civil society, [legal](http://www.myrepublica.com/portal/index.php?action=news%5Fdetails&news%5Fid=71838&ref=opendemocracy.net) professionals, and victims’ [groups](http://hrp.law.harvard.edu/wp-content/uploads/2013/09/Nepal%5FReport%5FOnline-2.pdf?ref=opendemocracy.net), have also made repeated public [demands](https://www.ictj.org/sites/default/files/ICTJ-Briefing-Paper-Nepal-Ordinance-Dec-2012-ENG.pdf?ref=opendemocracy.net) for truth and justice, and maintained pressure with [protests](http://www.ekantipur.com/2014/03/24/opinion/handling-the-truth/387159.html?ref=opendemocracy.net) and efforts to [record](http://asiafoundation.org/resources/pdfs/EnglishImpunitydesignNepal.pdf?ref=opendemocracy.net) testimonies of abuses.

## **Political obstruction**

Legislation to establish a TRC and Commission for Inquiry of Disappearances was [voted](http://www.thehimalayantimes.com/fullNews.php?headline=House+endorses+bills+on+TRC%26sbquo%3B+disappearance&NewsID=412873&ref=opendemocracy.net) through on 25 April, although [opposed](http://www.telegraphnepal.com/headline/2014-04-26/trc-mega-drama-ends-nepal-parliament-endorses-bill?ref=opendemocracy.net) by some [smaller](http://www.ekantipur.com/2014/04/26/top-story/trc-will-pardon-perpetrators-of-serious-crimes-kamal-thapa/388799.html?ref=opendemocracy.net) parties. Nepali and international rights groups widely [criticized](http://www.thehindu.com/news/international/south-asia/international-rights-bodies-ask-nepal-to-reject-trc/article5923119.ece?ref=opendemocracy.net) it for having effectively just lightly [reworked](http://www.hrw.org/news/2014/04/17/nepal-reject-draft-truth-and-reconciliation-bill?ref=opendemocracy.net) the version [already](http://www.thehimalayantimes.com/fullNews.php?headline=ICTJ+urges+govt+to+amend+%27flawed%27+Bill+on+TRC%26sbquo%3B+CID&NewsID=412220&ref=opendemocracy.net) rejected by Nepal’s Supreme Court, and quickly [demanded](http://www.myrepublica.com/portal/index.php?action=news%5Fdetails&news%5Fid=73214&ref=opendemocracy.net) that it be significantly amended and [made](http://www.thehimalayantimes.com/fullNews.php?headline=Conflict+victims+concerned+over+endorsed+Bill&NewsID=413026&a=3&ref=opendemocracy.net) "victims-friendly". Some [changes](http://www.myrepublica.com/portal/index.php?action=news%5Fdetails&news%5Fid=73533&ref=opendemocracy.net) were included, but were insufficient, and even largely [disregarded](http://www.myrepublica.com/portal/index.php?action=news%5Fdetails&news%5Fid=73210&ref=opendemocracy.net) the recommendations of the government’s own taskforce. The bill separated the TRC and disappearance commission, but still failed to address vague wording allowing high discretion on [amnesties](https://www.ictj.org/news/nepal-parliament-passes-amnesty-bill?ref=opendemocracy.net) even for [serious](http://jurist.org/paperchase/2014/04/nepal-legislature-passes-amnesty-bill-for-former-rebels-and-security-forces.php?ref=opendemocracy.net) crimes.

UCPN-M Maoists have often called for a TRC, but with amnesty provisions. While electorally weakened after November 2013 polls, the UCPN-M can still dissent to hinder comprehensive investigation, and in mid-April it [stalled](http://trn.gorkhapatraonline.com/index.php/headlines/9061-maoists-agree-to-resume-parliament,-govt-tables-trc-bill.html?ref=opendemocracy.net) the Constituent Assembly over the prosecution of Maoist cadres in regular courts outside of the TRC. The hardliner splinter-party CPN-M is relatively small but [could](http://www.myrepublica.com/portal/index.php?action=news%5Fdetails&news%5Fid=71752&ref=opendemocracy.net) cause public disruption or use intimidation if members feel threatened. With upcoming local-level [elections](http://www.newindianexpress.com/world/Nepal-Heading-for-Local-Body-Elections/2014/03/09/article2099687.ece?ref=opendemocracy.net#.UzhwBFeDf1U) this year parties could work on this issue to gain support but, unfortunately, other parties have also previously resisted comprehensive TRC legislation.

![nepal maoist.jpg](https://www.opendemocracy.net/content/files/2026/04/nepal_maoist_NpsdagL-1776345551664.jpg)

nepal maoist.jpg

*A fragile peace: Maoists protested following the resignation of former Prime Minister Pushpa Kamal Dahal "Prachanda" in 2009 after his move to fire Army Chief General Rookmangud Katawal was opposed by President Ram Baran Yadav. Katawal was fired for refusing to integrate former Maoist rebel soldiers into the regular army, a key part of a 2006 peace deal that ended a decade of civil war.*

Some politicians repeatedly emphasize the paramount importance of reconciliation and national unity. This is undoubtedly necessary for transition and durable peace, and victim support must be addressed alongside investigation. However, reconciliation must not be used as a screen for impunity for serious crimes, undermining [participatory](http://www.ekantipur.com/2014/05/16/oped/parts-of-a-whole/389613.html?ref=opendemocracy.net) truth-seeking, reparations, and rule of [law](http://www.ekantipur.com/2014/05/21/opinion/truth-be-told/389837.html?ref=opendemocracy.net). 

## Challenging a culture of impunity

The transition has not yet overcome a deep culture of impunity, despite pressure on political and military leaderships. International criticism is [rejected](http://www.telegraphnepal.com/headline/2014-04-23/nepal:-foreigners-have-no-right-to-talk-on-trc-bill-says-sitaula.html?ref=opendemocracy.net) by some as foreign [interference](http://www.myrepublica.com/portal/index.php?action=news%5Fdetails&news%5Fid=72706&ref=opendemocracy.net), but claims of threatened sovereignty appear as a rather transparent attempt to dodge accountability, especially with heavy criticism from [domestic](http://www.myrepublica.com/portal/index.php?action=news%5Fdetails&news%5Fid=73214&ref=opendemocracy.net) rights and victims [groups](http://www.ekantipur.com/2014/04/21/interview/state-should-officially-acknowledge-victims/388544.html?ref=opendemocracy.net), and even [scepticism](http://www.ekantipur.com/the-kathmandu-post/2014/04/25/top-story/parliament-passes-trc-bill/262074.html?ref=opendemocracy.net) from some members of the largest three parties. Furthermore, the military, sometimes directly [contravening](https://www.ammado.com/nonprofit/108433/articles/54798?ref=opendemocracy.net) Supreme Court orders, has continued to be criticized for [shielding](http://www.hrw.org/world-report/2013/country-chapters/nepal?ref=opendemocracy.net) and even promoting personnel accused of crimes, while [reportedly](http://www.apt.ch/content/files%5Fres/loi-submission-nepal-af-redress-apt-1.pdf?ref=opendemocracy.net) punishing those taking positive steps towards investigation.

Military figures may exert pressure on politicians to weaken investigation, but with public pressure visibly against this, this influence may be gradually tempered. Similarly, they lack the international support of past years, and accusations of human rights abuses and [endemic](http://timesofindia.indiatimes.com/world/south-asia/Impunity-flourishes-as-Nepal-marks-Human-Rights-Day/articleshow/5323347.cms?ref=opendemocracy.net) impunity continue to taint the military’s image. In January 2013, the UK [detained](http://www.hrw.org/news/2014/01/21/nepal-setbacks-women-minorities-justice?ref=opendemocracy.net) Colonel Kumar Lama on war-time [torture](http://www.bbc.co.uk/news/world-asia-20914282?ref=opendemocracy.net) charges, meeting criticism from Nepal’s military and government but [praise](http://www.theguardian.com/law/2013/jan/06/uk-defends-prosecute-nepalese-colonel?ref=opendemocracy.net) from human rights campaigners. Indeed Sheila Varadan, an International Commission of Jurists advisor, [warned](http://www.thehindu.com/news/international/south-asia/nepal-army-officer-to-face-trial/article5286422.ece?ref=opendemocracy.net) that “there will be more Lamas” if Nepal does not legally reform to address war-time crimes.

After over seven years of slow progress, political and military figures who continually hinder truth-seeking, against vocal criticism from Nepali and international civil society, are likely to lose further popular credibility. A seriously flawed transitional justice process would only worsen existing socio-political tensions, and could also damage Nepal’s image globally or threaten international aid and assistance. Participation in UN [missions](http://www.spotlightnepal.com/News/Article/nepal-army-colonel-lama-arrest-uk?ref=opendemocracy.net) could be restricted, to which Nepal has contributed significantly and which are sources of army [funds](http://nepalitimes.com/news.php?id=19706&ref=opendemocracy.net#.Uzh-0VeDf1U), and personnel may avoid such international trips if they risk [criticism](http://timesofindia.indiatimes.com/world/south-asia/Impunity-flourishes-as-Nepal-marks-Human-Rights-Day/articleshow/5323347.cms?ref=opendemocracy.net) or detention.

Under the monarchy’s militarist system the army was powerful, important for cooperation with influential [India](http://digitalcommons.macalester.edu/cgi/viewcontent.cgi?article=1834&context=himalaya&ref=opendemocracy.net), and little troubled by accountability. Since the war, having defended the defunct monarchy, repressed Jana Andolan II, and been subjected to demands for democratization and investigation, the military would invite further criticism and isolation if they continue to indefinitely resist accountability. Nepali citizens have long been denied justice, but continued civil society pressure on the new, long-delayed Constituent Assembly will hopefully improve parliamentary efforts to give the dragging peace process and long-awaited TRC some resolution.