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OPINION

Flawed Transitional Justice Is No Justice

Despite immense challenges, victims and survivors remain resolute. We pledge to continue our struggle and, if necessary, create a victim-led civil commission as an alternative. We call on civil society, intellectuals, the media, domestic stakeholders, and the international community to stand with us in this critical phase of Nepal’s pursuit of truth, healing, accountability, and meaningful justice.
By Ram Kumar Bhandari

After two decades of intentional delays, manipulation, and politicization of Nepal’s transitional justice (TJ) process by senior state authorities, conflict victims have united to say, “Enough is enough!” Despite official claims of a successful transition to peace, the state has failed to address even the most basic needs of victims or to ensure accountability for rights violations. Instead of delivering justice, state-sponsored transitional justice bodies have protected perpetrators and produced no meaningful investigations. Continued impunity has emboldened human rights violators, who now use justice bodies—including the Truth and Reconciliation Commission, the Commission of Investigation on Enforced Disappeared Persons, and even the National Human Rights Commission—for their own interests.



Rather than advancing justice, these structures have deepened victims’ marginalization, generating frustration and compelling us to strengthen collective efforts and protests. All major political parties, especially the Nepali Congress, CPN (UML), and the Maoist Centre, colluded to divide up seats in the transitional justice commissions. They appointed commissioners loyal to their parties through a search committee controlled by Agni Kharel, the TJ advisor to then–Prime Minister Oli. While Kharel spoke the language of “victim-centered TJ,” he undermined a genuine selection process to satisfy political leaders—ultimately betraying victims.


Victim groups have had enough. The politicized and flawed TJ process disregards victims’ dignity and trauma, eroding public trust. We have therefore publicly called for Kharel’s resignation. Since April 2025, victim groups have mobilized constituencies nationwide, engaging with political parties and international actors. We have made our demands clear: we reject politically appointed TJ bodies, we will boycott the flawed commission process, and we demand a transparent reconstitution of both commissions to ensure credibility and victim-centered justice.


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Through our network, we have held seven provincial meetings, where members and grassroots activists concluded that a perpetrator-led commission can never deliver justice. Victim representatives from all provinces have pledged to resist and boycott the commissions until the government resets the process. We have also delivered our message to the international community. We issued a white paper declaring non-engagement with the flawed TJ process, submitted a letter to the UN High Commissioner for Human Rights in Geneva, and jointly contributed to the 2026 Universal Periodic Review (UPR) on victim-centered justice. Nepal has consistently failed to implement recommendations from past UPR cycles in 2011, 2015, and 2021.


All government and TJ actors must ask themselves: “Are we listening to the victims and survivors who suffered and are struggling for justice?” The answer is a resounding NO. The government continues to ignore victims’ voices and bulldoze legitimate demands. Victim groups have also held informal talks with top leaders, including Home Minister Ramesh Lekhak and Maoist Centre leader Khimalal Devkota, facilitated by Agni Kharel. Yet leaders refused to commit to victims’ core demand: reviewing the flawed process and reconstituting independent commissions. Worse still, the government has not even extended a formal invitation for dialogue.


After exhausting other avenues, we filed a mass writ petition at the Supreme Court on 13 August 2025, demanding the dismissal of the flawed appointment process. Signed by 334 victim and survivor representatives from 67 districts, this petition represents a historic act of collective resistance. We have called for constitutional vetting of controversial provisions of the TRC Act, a review of commission legitimacy, and enforcement of constitutional guarantees of fundamental rights, including transitional justice.


By disregarding international standards and constitutional protections, the current process not only fails victims but actively harms them—further eroding public trust in pursuit of a political settlement. Adding to the problem, some donors have helped broker this flawed deal and are now funding a process widely questioned in Nepal. International actors—including the UN, EU, Switzerland, other Western embassies, China, and India—must recognize the long-term risks of endorsing a process that marginalizes victims. They should take a firm stand in support of a victim-centered TJ process that upholds dignity, human rights, and credible commissions—or risk fueling polarization and renewed conflict.


Despite immense challenges, victims and survivors remain resolute. We pledge to continue our struggle and, if necessary, create a victim-led civil commission as an alternative. We call on civil society, intellectuals, the media, domestic stakeholders, and the international community to stand with us in this critical phase of Nepal’s pursuit of truth, healing, accountability, and meaningful justice.


The author is a victims’ rights activist and chair of the National Network of Victims and Survivors of Serious Human Rights Abuses. His father was forcibly disappeared by the State in 2001.

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