On 17 July 2025, the International Commission of Jurists (ICJ), Advocacy Forum – Nepal (AF) and the Global Survivors Fund (GSF) made a joint submission to the UN Human Rights Council’s Universal Periodic Review (UPR) Working Group, drawing attention to the Government of Nepal’s persistent failure to specifically address the human rights of survivors of conflict-related sexual violence (CRSV) in the context of the country’s transitional justice (TJ) process.
The submission highlights systemic gaps in Nepal’s efforts to establish a transitional justice framework that complies with international human rights standards and best practices and raises serious concerns about discriminatory practices, the absence of victim-centred approaches, and the continuing impunity for grave human rights violations, particularly with respect to CRSV.
Key Concerns Highlighted
The submission sets out the following concerns:
- Inadequate Legal Framework: Provisions in the Commission of Inquiry on Enforced Disappearances, Truth and Reconciliation Act (2014) – including the third amendment in 2024 – fall short of international standards, particularly in the definition and treatment of CRSV.
- Lack of Victim-Centred Justice Mechanisms: The transitional justice bodies established under the current framework lack credibility and independence, and do not ensure meaningful participation of victims, especially CRSV survivors.
- Discrimination in Relief and Reparation: CRSV survivors continue to face barriers in accessing interim relief and reparation, with procedures that exclude or marginalize their needs and voices.
- Inadequate Protection for Survivors: The absence of structures and procedures to ensure confidentiality and security discourages survivors from reporting violations and seeking remedies.
- Ongoing Impunity: The measures taken to date are insufficient to ensure accountability for acts of CRSV committed during the 1996–2006 armed conflict.
- International Engagement: Nepal is not a party to several key international human rights instruments and has failed to issue standing invitations to UN Special Procedures mandate holders, including the one related to TJ.
Key Recommendations
The joint submission urges the Government of Nepal to:
- Amend the TRC Act to ensure it fully reflects international human rights standards, including by removing the word “serious” from the definition of sexual violence and by recognizing a broader range of acts of sexual violence as crimes under the law.
- Include war crimes and crimes against humanity within the mandates of the transitional justice bodies to ensure that perpetrators of rape and other grave forms of sexual violence that may amount to war crimes and crimes against humanity do not enjoy impunity.
- Ensure meaningful and inclusive participation of women and CRSV survivors at all levels of the TJ process, including in appointments and decision-making.
- Put on hold current TJ commission activities and engage in renewed dialogue with conflict victims, CRSV survivors, and civil society organizations to chart a way forward that is acceptable to victims.
- Adopt a comprehensive, co-created reparation policy that addresses the specific needs of CRSV survivors, including medical care, psychosocial support, legal aid and livelihood assistance.
- Ensure confidentiality and security for survivors in all aspects of the TJ process, supported by clear legal and institutional protections.
- Remove statutory limitations on reporting cases of CRSV to the TJ bodies and amend the Criminal Code to bring definitions and procedures in line with international standards.
- Ratify international human rights instruments, including the Rome Statute of the International Criminal Court, the Optional Protocol to the Convention Against Torture, and the International Convention for the Protection of All Persons from Enforced Disappearance.
- Accept pending UN visits and extend standing invitations to all Special Procedures of the Human Rights Council.
Background
The UPR review arrives at a pivotal time for Nepal’s transitional justice (TJ) process. The 1996–2006 armed conflict, concluded by the Comprehensive Peace Agreement (CPA), saw widespread sexual violence, including rape, forced marriage, and sexual torture, committed by both government forces and Maoist combatants. Victims included women, girls, men, boys, and sexual and gender minorities, with violence occurring in detention centres, barracks, and in Maoist-controlled areas. Sexual violence was used as a tool of intimidation and punishment. Due to stigma, fear, and legal barriers, such as the former 35-day statute of limitations, many cases remain unreported. Despite the post-CPA interim relief program, survivors of CRSV and torture were excluded and remain without access to reparations. The government’s first National Action Plan (NAP) on UN Security Council Resolution 1325 and 1820 (2011–2015) – focused on women, peace and security – failed to address CRSV; while NAP II (2022) included CRSV provisions, its implementation has stalled due to lack of funding, institutional support, and policy clarity.
The 2014 TRC Act established two commissions, the Truth and Reconciliation Commission (TRC) and the Commission on Investigation of Enforced Disappearances (CIEDP) but included provisions that contradicted Nepal’s constitutional and international obligations. The Supreme Court in 2015 declared a number of provisions of the Act unconstitutional and ordered its amendment. However, the government appointed commissioners without amending the law. Both commissions remained ineffective, having receiving over 66,000 complaints, but having resolving none involving CRSV. After sustained advocacy, an amended TRC Act was passed in August 2024, introducing some positive changes for CRSV survivors. However, the Recommendation Committee (RC) formed in October 2024 failed to recommend candidates, and its reconstituted version in March 2025 was again criticized for lacking transparency and inclusiveness. Despite objections, commissioners were appointed in May 2025, prompting widespread condemnation from victims’ groups, who are now demanding a fresh, independent, and consultative appointment process.
Download
The joint submission is available for download here.
Contact
Dr. Mandira Sharma, Senior International Legal Adviser, ICJ Asia and the Pacific Programme, e: mandira.sharma@icj.org, t: +9779851048475
Laxmi Pokharel, Legal Adviser, ICJ Asia and the Pacific Programme, e: laxmi.pokharel@icj.org, t: +9779851047588
