Nepal’s National Assembly on Thursday unanimously passed a bill aimed at amending the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, with the objective of addressing serious human rights violations that occurred during Nepal’s decade-long civil war which began in 1996. The amendment introduces provisions for establishing commissions to investigate enforced disappearances, oversee truth and reconciliation efforts, and outline reparations for victims. It also includes mechanisms that might reduce sentencing for perpetrators who show cooperation and remorse.
Earlier in the week, the bill had been endorsed by the House of Representatives and subsequently passed by the National Assembly without revisions. Proponents of the bill believe it signifies a crucial step in Nepal’s prolonged transitional justice process. However, the bill has ignited significant debate among conflict victims, human rights activists, and international observers.
Among the critics, the Conflict Victims National Network has voiced strong opposition, arguing that the bill is unduly lenient towards perpetrators. The network is particularly concerned about the provision that allows up to a 75 percent reduction in sentencing for serious human rights violations, with exceptions for rape and severe sexual violence. Network chairperson Gopal Shah described the bill as “perpetrator-friendly” and expressed doubts about its ability to provide justice to victims.
Human rights organizations, including Amnesty International, Human Rights Watch, and the International Commission of Jurists, have also raised concerns. In a joint statement, they criticized the bill for its inconsistent classification of serious human rights violations and inadequate measures addressing crimes such as torture. The organizations urged Nepal’s government to align the bill with international human rights standards to ensure comprehensive accountability for wartime crimes.
Critics further highlight that the bill’s failure to classify war crimes and crimes against humanity as severe human rights violations could undermine the victims’ chances for full justice. These crimes are not listed as non-amnestiable offenses, raising fears of perpetrators evading full accountability.
Despite these objections, some regard the bill as a progressive move toward resolving Nepal’s lingering peace process. UN Human Rights Chief Volker Türk has welcomed the legislation, noting its potential to bring victims closer to truth, justice, and reparations. However, Türk underscored the necessity of implementing the bill in full compliance with international human rights standards, highlighting the importance of transparency and inclusivity in appointing commission members to ensure their independence and competence.
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