In a new briefing paper published today, the International Commission of Jurists (ICJ) highlights key shortcomings in Nepal’s transitional justice law, the ‘Commission of Inquiry on Enforced Disappearances, Truth and Reconciliation Act (TRC Act)’.
In August 2024, Nepal’s Parliament enacted a long-overdue amendment to the 2014 Truth and Reconciliation Commission (TRC) Act, following years of advocacy by conflict victims and civil society organizations. The predecessor to this Act had been declared partially unconstitutional by the Supreme Court in 2015 due to provisions that violated Nepal’s Constitution and its international legal obligations. Despite multiple attempts to revise the law, political gridlock hindered progress—until July 2024, when a breakthrough consensus among major parties allowed the amended bill to be passed and promulgated the following month.
This briefing paper presents a brief review of the amended TRC Act, focusing on key provisions, positive aspects, and the critical human rights issues that remain unresolved. It also provides recommendations to ensure that the Act’s implementation aligns with Nepal’s international obligations, Constitution, and Supreme Court rulings.
While efforts to improve the Act have introduced a more comprehensive framework for transitional justice, the ICJ found that significant challenges and gaps are still left unaddressed, particularly regarding its failure to address all crimes mandated under international law. This include war crimes and crimes against humanity, and ensure that punishment align with the gravity of the offenses.
In light of the unresolved issues in the amended TRC Act, the ICJ recommends that the Government of Nepal:
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Further revise the amended TRC Act to ensure full compliance with international standards;
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Appoint TRC Commissioners through a transparent, merit-based process that considers relevant credentials;
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Ensure gender parity and inclusivity in the selection of Commissioners and staff;
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Seek support from the international community to monitor the process and provide technical assistance as needed; and
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Establish a transparent platform to coordinate donor support and ensure the equitable distribution of the transitional justice fund across all components.
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The briefing paper can be downloaded here.