Nepal: Failure to Address the Rights of Conflict-Related Sexual Violence Survivors in Transitional Justice Process – The International Commission of Jurists – ICJ

 

Report on Nepal’s Transitional Justice Process and Conflict-Related Sexual Violence

Submission to the UN Universal Periodic Review

A joint submission was made to the UN Human Rights Council’s Universal Periodic Review (UPR) Working Group on 17 July 2025 by the International Commission of Jurists (ICJ), Advocacy Forum – Nepal (AF), and the Global Survivors Fund (GSF). The report details the Government of Nepal’s persistent failure to address the human rights of survivors of conflict-related sexual violence (CRSV) within its transitional justice (TJ) process. This failure represents a significant departure from Nepal’s commitments to the Sustainable Development Goals (SDGs), particularly SDG 16 (Peace, Justice and Strong Institutions) and SDG 5 (Gender Equality).

Deficiencies in Relation to Sustainable Development Goals

The submission highlights systemic gaps in Nepal’s TJ framework, which undermine key SDGs. The ongoing impunity for grave human rights violations, discriminatory practices against survivors, and the absence of victim-centred approaches are in direct conflict with international human rights standards and the principles of sustainable development.

SDG 16: Peace, Justice and Strong Institutions

Nepal’s approach to transitional justice fails to meet the core targets of SDG 16. The lack of credible, independent, and effective justice mechanisms (Target 16.6) and the failure to ensure equal access to justice for all (Target 16.3) are evident. The exclusion of victims from meaningful participation in decision-making processes contravenes the call for responsive and inclusive institutions (Target 16.7).

SDG 5: Gender Equality

The specific neglect of CRSV survivors constitutes a severe violation of SDG 5. The government has failed to take effective action to eliminate all forms of violence against women and girls (Target 5.2) and has not ensured the full and effective participation of women in the justice and peace-building process (Target 5.5). Discriminatory barriers to relief and reparation further entrench gender inequality.

SDG 10: Reduced Inequalities

The marginalization of CRSV survivors from legal and reparatory processes perpetuates and deepens inequalities, undermining SDG 10. The existing framework fails to ensure equal opportunity and eliminate discriminatory practices (Target 10.3), leaving the most vulnerable victims of the conflict without recourse or support.

Key Areas of Concern

The report identifies several critical failures in Nepal’s TJ framework that prevent the realization of justice and accountability, thereby obstructing progress on the SDGs.

• Inadequate Legal Framework: The Commission of Inquiry on Enforced Disappearances, Truth and Reconciliation Act (2014) and its subsequent amendments do not meet international standards for defining and prosecuting CRSV, weakening the rule of law as promoted by SDG 16.
• Lack of Victim-Centred Justice Mechanisms: The established TJ bodies lack credibility and fail to ensure the meaningful participation of victims, particularly CRSV survivors, which is essential for building the inclusive institutions envisioned in SDG 16.7.
• Discrimination in Relief and Reparation: Survivors of CRSV face significant barriers in accessing interim relief and reparations due to exclusionary procedures, a clear violation of the principles of gender equality (SDG 5) and reduced inequalities (SDG 10).
• Inadequate Protection for Survivors: The absence of robust confidentiality and security measures discourages survivors from seeking remedies, undermining access to justice (SDG 16.3).
• Ongoing Impunity: Insufficient measures to ensure accountability for CRSV committed during the 1996–2006 armed conflict directly contradict the goal of ending impunity for violence (SDG 16.1).
• Insufficient International Engagement: Nepal’s failure to ratify key international human rights instruments and issue standing invitations to UN Special Procedures mandate holders signals a lack of commitment to strengthening the institutions required by SDG 16.

Recommendations for an SDG-Aligned Transitional Justice Process

The joint submission urges the Government of Nepal to undertake comprehensive reforms to align its TJ process with international standards and its commitments under the 2030 Agenda for Sustainable Development.

1. Amend the TRC Act: Revise the Act to fully reflect international human rights standards, including broadening the definition of sexual violence to ensure accountability for all perpetrators, in line with SDG 5 and SDG 16.
2. Expand Mandates of TJ Bodies: Include war crimes and crimes against humanity within the mandates of TJ bodies to prevent impunity for grave forms of sexual violence.
3. Ensure Inclusive Participation: Guarantee the meaningful participation of women and CRSV survivors in all stages of the TJ process, fulfilling the requirements of SDG 5.5 and SDG 16.7.
4. Renew Dialogue with Victims: Halt current TJ commission activities and engage in a renewed, transparent dialogue with victims and civil society to develop a victim-centred path forward.
5. Adopt a Comprehensive Reparation Policy: Co-create a reparation policy that addresses the specific needs of CRSV survivors, including medical care, psychosocial support, and legal aid, contributing to SDG 3 (Good Health and Well-being) and SDG 10.
6. Strengthen Survivor Protection: Establish clear legal and institutional protections to ensure confidentiality and security for survivors throughout the TJ process.
7. Remove Statutory Limitations: Eliminate statutory limitations for reporting CRSV cases and align the Criminal Code with international standards to ensure access to justice (SDG 16.3).
8. Ratify International Instruments: Accede to key international treaties, including the Rome Statute of the International Criminal Court, to strengthen national institutions and the rule of law (SDG 16.a).
9. Engage with UN Mechanisms: Extend standing invitations to all UN Special Procedures of the Human Rights Council to foster international cooperation and accountability.

Background and Context

Legacy of the 1996-2006 Armed Conflict

The armed conflict in Nepal was marked by widespread CRSV committed by both state and Maoist forces. Victims, including women, men, and sexual and gender minorities, faced rape, forced marriage, and sexual torture. Stigma and restrictive legal barriers, such as a former 35-day statute of limitations, have resulted in chronic underreporting. Survivors of CRSV were largely excluded from post-conflict interim relief programs, and the implementation of national action plans on women, peace, and security has been ineffective due to a lack of political will and resources.

Institutional and Legislative Failures

The 2014 TRC Act established the Truth and Reconciliation Commission (TRC) and the Commission on Investigation of Enforced Disappearances (CIEDP), but its provisions were found by the Supreme Court in 2015 to be unconstitutional. Despite this ruling, the government proceeded to appoint commissioners without amending the law. The commissions have been ineffective, failing to resolve any of the over 66,000 complaints received. Subsequent amendments to the Act in 2024, while introducing some positive changes, have been overshadowed by a flawed and non-transparent process for appointing new commissioners, which has been widely condemned by victims’ groups. This history demonstrates a consistent failure to build the effective, accountable, and inclusive institutions required to achieve SDG 16.

1. Which SDGs are addressed or connected to the issues highlighted in the article?

SDG 5: Gender Equality

The article’s central theme is the failure to address conflict-related sexual violence (CRSV), a form of gender-based violence that disproportionately affects women and girls. It highlights the need to eliminate violence against women, end discrimination, and ensure their full participation in peace and justice processes. The text mentions that victims included “women, girls, men, boys, and sexual and gender minorities,” but the focus on CRSV and the call for implementing UN Security Council Resolutions 1325 and 1820 (on women, peace, and security) directly link the issues to SDG 5.

SDG 16: Peace, Justice, and Strong Institutions

This is the most prominent SDG in the article. The entire submission focuses on Nepal’s transitional justice (TJ) process, the rule of law, and access to justice for victims of human rights violations. The article critiques the “inadequate legal framework,” the lack of “credibility and independence” of justice institutions (the TRC and CIEDP), “ongoing impunity” for perpetrators, and the failure to provide remedies for victims. It calls for accountable and transparent institutions, promoting the rule of law, and ensuring equal access to justice for all, which are core elements of SDG 16.

SDG 10: Reduced Inequalities

The article points to systemic discrimination and marginalization of CRSV survivors, which relates to reducing inequalities. It states that survivors “continue to face barriers in accessing interim relief and reparation, with procedures that exclude or marginalize their needs and voices.” It also notes that the post-conflict interim relief program specifically “excluded” survivors of CRSV and torture. These points highlight the need to ensure equal opportunity and reduce inequalities of outcome for marginalized groups, a key goal of SDG 10.

2. What specific targets under those SDGs can be identified based on the article’s content?

SDG 5: Gender Equality

• Target 5.1: End all forms of discrimination against all women and girls everywhere. The article highlights “discriminatory practices” and procedures that “exclude or marginalize” the needs of CRSV survivors, who are predominantly women. The recommendation to adopt a reparation policy addressing their specific needs supports this target.
• Target 5.2: Eliminate all forms of violence against all women and girls. The article’s focus is on addressing “widespread sexual violence, including rape, forced marriage, and sexual torture.” The recommendations to amend the TRC Act to better define sexual violence and ensure accountability for perpetrators directly align with this target.
• Target 5.5: Ensure women’s full and effective participation and equal opportunities for leadership. The article explicitly recommends to “Ensure meaningful and inclusive participation of women and CRSV survivors at all levels of the TJ process, including in appointments and decision-making.”

SDG 16: Peace, Justice, and Strong Institutions

• Target 16.1: Significantly reduce all forms of violence and related death rates everywhere. The article addresses the legacy of violence from the 1996–2006 armed conflict and seeks to establish justice mechanisms that can help prevent recurrence by ending impunity.
• Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. This is a central theme. The article critiques the “inadequate legal framework,” the failure to provide reparations, and the “ongoing impunity.” It calls for amending laws, removing statutory limitations, and ensuring accountability to provide access to justice.
• Target 16.6: Develop effective, accountable and transparent institutions at all levels. The article criticizes the transitional justice bodies (TRC and CIEDP) as lacking “credibility and independence” and being “ineffective.” The demand for a “fresh, independent, and consultative appointment process” for commissioners aims to build accountable institutions.
• Target 16.a: Strengthen relevant national institutions, including through international cooperation. The recommendation for Nepal to ratify key international human rights instruments like the Rome Statute and to extend invitations to UN Special Procedures mandate holders is a direct call for strengthening national justice mechanisms through international engagement and standards.

SDG 10: Reduced Inequalities

• Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices. The article identifies how the TRC Act and existing procedures create barriers for CRSV survivors. It calls for amending the Act and adopting a “comprehensive, co-created reparation policy” to eliminate these discriminatory barriers and ensure survivors have equal access to remedies.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

SDG 5: Gender Equality

• Indicator related to Target 5.1/5.2: The status of the Commission of Inquiry on Enforced Disappearances, Truth and Reconciliation Act (2014). The article’s call to amend the act to “remove the word ‘serious’ from the definition of sexual violence” and to align it with international standards provides a clear, measurable indicator of progress in the legal framework against discrimination and violence.
• Indicator related to Target 5.5: The number and proportion of women and CRSV survivors in decision-making roles within the transitional justice commissions. The recommendation for their “meaningful and inclusive participation… in appointments and decision-making” implies that their representation is a key metric of success.

SDG 16: Peace, Justice, and Strong Institutions

• Indicator related to Target 16.3: The number of CRSV cases resolved by the TJ commissions. The article states that the commissions received over 66,000 complaints but resolved “none involving CRSV.” An increase in the number of resolved cases would be a direct indicator of improved access to justice.
• Indicator related to Target 16.3: The existence of statutory limitations for reporting CRSV. The recommendation to “Remove statutory limitations on reporting cases of CRSV” provides a binary (yes/no) indicator of legal reform to improve access to justice.
• Indicator related to Target 16.6: The perceived independence and transparency of the TJ commissions. The article notes that the appointment process was “criticized for lacking transparency and inclusiveness,” leading to “widespread condemnation from victims’ groups.” Surveys of victim satisfaction or public trust in these institutions could serve as an indicator.
• Indicator related to Target 16.a: The ratification of specific international treaties. The article explicitly lists instruments Nepal should ratify, 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.” Ratification of these provides a clear, measurable indicator.

SDG 10: Reduced Inequalities

• Indicator related to Target 10.3: The existence and implementation of a comprehensive reparation policy for CRSV survivors. The article notes that survivors were “excluded” from the interim relief program. The recommendation to “Adopt a comprehensive, co-created reparation policy” makes the adoption and funding of such a policy a key indicator of reducing inequality in outcomes.

4. Table of SDGs, Targets, and Indicators

SDGs	Targets	Indicators Identified in the Article
SDG 5: Gender Equality	5.1: End discrimination against women and girls. 5.2: Eliminate all forms of violence against women and girls. 5.5: Ensure women’s full participation in decision-making.	– Amendment of the TRC Act to remove discriminatory definitions of sexual violence. – Implementation of the National Action Plan II on UNSCR 1325 & 1820. – Proportion of women and CRSV survivors appointed to decision-making roles in TJ commissions.
SDG 10: Reduced Inequalities	10.3: Ensure equal opportunity and reduce inequalities of outcome.	– Adoption and implementation of a comprehensive reparation policy for CRSV survivors. – Removal of procedural barriers that exclude or marginalize CRSV survivors from accessing relief.
SDG 16: Peace, Justice, and Strong Institutions	16.1: Reduce all forms of violence. 16.3: Promote the rule of law and ensure equal access to justice. 16.6: Develop effective, accountable, and transparent institutions. 16.a: Strengthen national institutions through international cooperation.	– Number of CRSV cases investigated and resolved by the TJ commissions. – Removal of statutory limitations for reporting CRSV cases. – Public and victim-group satisfaction/trust in the independence and transparency of the TJ commissions. – Ratification status of the Rome Statute, Optional Protocol to the Convention Against Torture, and other mentioned international instruments. – Number of standing invitations issued to UN Special Procedures.

Source: icj.org