Transitional Justice in Nepal

Transitional Justice in Nepal

Author: Yvette Selim

Publisher: Routledge

Published: 2018-06-27

Total Pages: 236

ISBN-13: 1351692194

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The conflict in Nepal (1996 – 2006) resulted in an estimated 15,000 deaths, 1,300 disappearances, along with other serious human rights and humanitarian law violations. Demands for peace, democracy, accountability and development, have abounded in the post-conflict context. Although the conflict catalysed major changes in the social and political landscape in Nepal, the transitional justice (TJ) process has remained deeply contentious and fragmented. This book provides an in-depth analysis of transitional justice process in Nepal. Drawing on interviews with a diverse range of stakeholders, including victims, ex-combatants, community members, human rights advocates, journalists and representatives from diplomatic missions, international organisations and the donor community, it reveals the differing viewpoints, knowledge, attitudes and preferences about TJ and other post-conflict issues in Nepal. The author develops an actor typology and an action spectrum, which can be used in Nepal and other post-conflict contexts. The actor typology identifies four main groups of TJ actors—experts, brokers, implementers and victims—and highlights who is making claims and on behalf of whom. The action spectrum, based on contentious politics literature and resistance literature, demonstrates the strategies actors use to shape the TJ process. This book argues that the potential of TJ lies in these dynamics of contention. It is by letting these dynamics play out that different conceptualisations of TJ can arise. While doing so may lead to practical challenges and produce situations that are normatively undesirable for some actors, particularly when certain political parties and national actors seem to ‘hijack’ TJ, remaining steadfast to the dominant TJ paradigm is also undesirable. As the first book to provide a single case study on TJ in Nepal, it makes theoretical and empirical contributions to: TJ research in Nepal and the Asia-Pacific more broadly, the politics versus justice binary and the concept of victimhood, among others. It will be of interest to a wide range of scholars in the study of transitional justice, peace and conflict studies, human rights, sociology, political science, criminology, law, anthropology and South Asian Studies, as well as policy-makers and NGOs.


Book Synopsis Transitional Justice in Nepal by : Yvette Selim

Download or read book Transitional Justice in Nepal written by Yvette Selim and published by Routledge. This book was released on 2018-06-27 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conflict in Nepal (1996 – 2006) resulted in an estimated 15,000 deaths, 1,300 disappearances, along with other serious human rights and humanitarian law violations. Demands for peace, democracy, accountability and development, have abounded in the post-conflict context. Although the conflict catalysed major changes in the social and political landscape in Nepal, the transitional justice (TJ) process has remained deeply contentious and fragmented. This book provides an in-depth analysis of transitional justice process in Nepal. Drawing on interviews with a diverse range of stakeholders, including victims, ex-combatants, community members, human rights advocates, journalists and representatives from diplomatic missions, international organisations and the donor community, it reveals the differing viewpoints, knowledge, attitudes and preferences about TJ and other post-conflict issues in Nepal. The author develops an actor typology and an action spectrum, which can be used in Nepal and other post-conflict contexts. The actor typology identifies four main groups of TJ actors—experts, brokers, implementers and victims—and highlights who is making claims and on behalf of whom. The action spectrum, based on contentious politics literature and resistance literature, demonstrates the strategies actors use to shape the TJ process. This book argues that the potential of TJ lies in these dynamics of contention. It is by letting these dynamics play out that different conceptualisations of TJ can arise. While doing so may lead to practical challenges and produce situations that are normatively undesirable for some actors, particularly when certain political parties and national actors seem to ‘hijack’ TJ, remaining steadfast to the dominant TJ paradigm is also undesirable. As the first book to provide a single case study on TJ in Nepal, it makes theoretical and empirical contributions to: TJ research in Nepal and the Asia-Pacific more broadly, the politics versus justice binary and the concept of victimhood, among others. It will be of interest to a wide range of scholars in the study of transitional justice, peace and conflict studies, human rights, sociology, political science, criminology, law, anthropology and South Asian Studies, as well as policy-makers and NGOs.

The Contribution of Judiciary to Transitional Justice following the 1996-2006 Conflict in Nepal

The Contribution of Judiciary to Transitional Justice following the 1996-2006 Conflict in Nepal

Author: Anurag Devkota

Publisher: GRIN Verlag

Published: 2019-07-29

Total Pages: 73

ISBN-13: 3668989249

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Master's Thesis from the year 2014 in the subject Law - Public Law / Miscellaneous, grade: A, Loyola University Chicago, language: English, abstract: As Nepal continues to debate how to deal with the legacy of the internal armed conflict of 1996-2006, the rule of law and transitional justice are of utmost importance in the current setting. This paper aims to find a possible solution to why it is critical that the judiciary is better engaged in Transitional Justice going forward. To that end, the paper explores the non-judicial mechanism as a failed idea in the context of Nepal, the significant impact and importance of the judiciary’s involvement in Transitional Justice, the complementary roles judiciary could provide to the non-judicial mechanisms, and the possible pitfalls of the judiciary in Nepal. The paper analyzes the constructive role played by the judiciary of Nepal to date and the prospect of dealing with the crimes of the past in the future, as well as establishing prosecution as the best possible option for Nepal in the period of transition. The research methodology used is doctrinal, using the study of reports and scholarly articles as a major source of data collection. Various reports published by different Non-Governmental and Governmental organizations have been used for research purposes as well. Seeing as how the rule of law has been dismantled in this period of conflict, it can be established that judiciary has a better chance of re-establishing the rule of law in Nepal with a primary focus on access to justice through the prosecution. Uncovering the details of the past provides both a primer on what conditions permitted the violations of the rule of law in the past, and a deterrent to would-be human rights abusers of the future. Therefore, examining the crimes of the past via judiciary in the transitional justice scenario could help develop the institutional basis and the cultural norms to support the rule of law in Nepal. However, it is important to be cautious of the possible pitfalls of the judiciary in terms of dealing with the prosecution and its implementation.


Book Synopsis The Contribution of Judiciary to Transitional Justice following the 1996-2006 Conflict in Nepal by : Anurag Devkota

Download or read book The Contribution of Judiciary to Transitional Justice following the 1996-2006 Conflict in Nepal written by Anurag Devkota and published by GRIN Verlag. This book was released on 2019-07-29 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2014 in the subject Law - Public Law / Miscellaneous, grade: A, Loyola University Chicago, language: English, abstract: As Nepal continues to debate how to deal with the legacy of the internal armed conflict of 1996-2006, the rule of law and transitional justice are of utmost importance in the current setting. This paper aims to find a possible solution to why it is critical that the judiciary is better engaged in Transitional Justice going forward. To that end, the paper explores the non-judicial mechanism as a failed idea in the context of Nepal, the significant impact and importance of the judiciary’s involvement in Transitional Justice, the complementary roles judiciary could provide to the non-judicial mechanisms, and the possible pitfalls of the judiciary in Nepal. The paper analyzes the constructive role played by the judiciary of Nepal to date and the prospect of dealing with the crimes of the past in the future, as well as establishing prosecution as the best possible option for Nepal in the period of transition. The research methodology used is doctrinal, using the study of reports and scholarly articles as a major source of data collection. Various reports published by different Non-Governmental and Governmental organizations have been used for research purposes as well. Seeing as how the rule of law has been dismantled in this period of conflict, it can be established that judiciary has a better chance of re-establishing the rule of law in Nepal with a primary focus on access to justice through the prosecution. Uncovering the details of the past provides both a primer on what conditions permitted the violations of the rule of law in the past, and a deterrent to would-be human rights abusers of the future. Therefore, examining the crimes of the past via judiciary in the transitional justice scenario could help develop the institutional basis and the cultural norms to support the rule of law in Nepal. However, it is important to be cautious of the possible pitfalls of the judiciary in terms of dealing with the prosecution and its implementation.

Transitional Justice in South Asia

Transitional Justice in South Asia

Author: Tazreena Sajjad

Publisher: Routledge

Published: 2013-08-21

Total Pages: 270

ISBN-13: 1135982082

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Offering a comparative case study of transitional justice processes in Afghanistan and Nepal, this book critically evaluates the way the "local" is consulted in post-conflict efforts toward peace and reconciliation. It argues that there is a tendency in transitional justice efforts to contain the discussion of the "local" within religious and cultural parameters, thus engaging only with a "static local," as interpreted by certain local stakeholders. Based on data collected through interviews and participant observation carried out in the civil societies of the respective countries, this book brings attention to a "dynamic local," where societal norms evolve, and realities on the ground are shaped by shifting power dynamics, local hierarchies, and inequalities between actors. It suggests that the "local" must be understood as an inter-subjective concept, the meaning of which is not only an evolving and moving target, but also dependent on who is consulted to interpret it to external actors. This timely book engages with the divergent range of civil society voices and offers ways to move forward by including their concerns in the efforts to help impoverished war-torn societies transition from a state of war to the conditions of peace.


Book Synopsis Transitional Justice in South Asia by : Tazreena Sajjad

Download or read book Transitional Justice in South Asia written by Tazreena Sajjad and published by Routledge. This book was released on 2013-08-21 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a comparative case study of transitional justice processes in Afghanistan and Nepal, this book critically evaluates the way the "local" is consulted in post-conflict efforts toward peace and reconciliation. It argues that there is a tendency in transitional justice efforts to contain the discussion of the "local" within religious and cultural parameters, thus engaging only with a "static local," as interpreted by certain local stakeholders. Based on data collected through interviews and participant observation carried out in the civil societies of the respective countries, this book brings attention to a "dynamic local," where societal norms evolve, and realities on the ground are shaped by shifting power dynamics, local hierarchies, and inequalities between actors. It suggests that the "local" must be understood as an inter-subjective concept, the meaning of which is not only an evolving and moving target, but also dependent on who is consulted to interpret it to external actors. This timely book engages with the divergent range of civil society voices and offers ways to move forward by including their concerns in the efforts to help impoverished war-torn societies transition from a state of war to the conditions of peace.

World Report 2017

World Report 2017

Author: Human Rights Watch

Publisher: Seven Stories Press

Published: 2017-02-28

Total Pages: 672

ISBN-13: 1609807359

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The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken in 2016 by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.


Book Synopsis World Report 2017 by : Human Rights Watch

Download or read book World Report 2017 written by Human Rights Watch and published by Seven Stories Press. This book was released on 2017-02-28 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken in 2016 by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.

Assessing the Impact of Transitional Justice

Assessing the Impact of Transitional Justice

Author: Hugo Van der Merwe

Publisher: US Institute of Peace Press

Published: 2009

Total Pages: 348

ISBN-13: 1601270364

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In Assessing the Impact of Transitional Justice, fourteen leading researchers study seventy countries that have suffered from autocratic rule, genocide, and protracted internal conflict.


Book Synopsis Assessing the Impact of Transitional Justice by : Hugo Van der Merwe

Download or read book Assessing the Impact of Transitional Justice written by Hugo Van der Merwe and published by US Institute of Peace Press. This book was released on 2009 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Assessing the Impact of Transitional Justice, fourteen leading researchers study seventy countries that have suffered from autocratic rule, genocide, and protracted internal conflict.

Transitional Justice in Balance

Transitional Justice in Balance

Author: Tricia D. Olsen

Publisher: United States Institute of Peace Press

Published: 2010

Total Pages: 0

ISBN-13: 9781601270535

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In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.


Book Synopsis Transitional Justice in Balance by : Tricia D. Olsen

Download or read book Transitional Justice in Balance written by Tricia D. Olsen and published by United States Institute of Peace Press. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.

No Law, No Justice, No State for Victims

No Law, No Justice, No State for Victims

Author:

Publisher:

Published: 2020

Total Pages: 88

ISBN-13: 9781623138783

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It has been 14 years since the armed conflict between Maoist insurgents and government forces ended in Nepal. Tens of thousands became victims of enforced disappearances, torture, rape, and unlawful killings in the decade of fighting between 1996 and 2006. They are still waiting for truth and justice. There have been hardly any successful prosecutions since the end of the conflict for severe violations. Resistance to address past abuses has entrenched impunity in the present and, combined with a failure to ensure security sector reform, has led to repeated lack of punishment in cases of serious human rights violations which still occur in Nepal. In a mounting number of alleged extrajudicial killings by the police, custodial deaths allegedly resulting from torture, and shootings of unarmed protesters in recent years, the authorities refused to take action despite strong evidence. We conclude that failure to provide justice for past crimes creates direct and tangible harms in the present: families who lost loved ones years ago continue to seek justice and are forced to live without closure. And as new cases of abuse by the police show, impunity for past crimes means that unaccountable and abusive individuals and institutions continue to claim new victims in post-conflict Nepal.


Book Synopsis No Law, No Justice, No State for Victims by :

Download or read book No Law, No Justice, No State for Victims written by and published by . This book was released on 2020 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been 14 years since the armed conflict between Maoist insurgents and government forces ended in Nepal. Tens of thousands became victims of enforced disappearances, torture, rape, and unlawful killings in the decade of fighting between 1996 and 2006. They are still waiting for truth and justice. There have been hardly any successful prosecutions since the end of the conflict for severe violations. Resistance to address past abuses has entrenched impunity in the present and, combined with a failure to ensure security sector reform, has led to repeated lack of punishment in cases of serious human rights violations which still occur in Nepal. In a mounting number of alleged extrajudicial killings by the police, custodial deaths allegedly resulting from torture, and shootings of unarmed protesters in recent years, the authorities refused to take action despite strong evidence. We conclude that failure to provide justice for past crimes creates direct and tangible harms in the present: families who lost loved ones years ago continue to seek justice and are forced to live without closure. And as new cases of abuse by the police show, impunity for past crimes means that unaccountable and abusive individuals and institutions continue to claim new victims in post-conflict Nepal.

Transitional Justice in the Twenty-First Century

Transitional Justice in the Twenty-First Century

Author: Naomi Roht-Arriaza

Publisher: Cambridge University Press

Published: 2006-09-14

Total Pages: 317

ISBN-13: 1139458655

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Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.


Book Synopsis Transitional Justice in the Twenty-First Century by : Naomi Roht-Arriaza

Download or read book Transitional Justice in the Twenty-First Century written by Naomi Roht-Arriaza and published by Cambridge University Press. This book was released on 2006-09-14 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.

Social Transformation in Post-conflict Nepal

Social Transformation in Post-conflict Nepal

Author: Punam Yadav

Publisher: Routledge

Published: 2016-04-28

Total Pages: 199

ISBN-13: 1317353900

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The concept of social transformation has been increasingly used to study significant political, socio-economic and cultural changes affected by individuals and groups. This book uses a novel approach from the gender perspective and from bottom up to analyse social transformation in Nepal, a country with a complex traditional structure of caste, class, ethnicity, religion and regional locality and the experience of the ten-year of People’s War (1996-2006). Through extensive interviews with women in post-conflict Nepal, this book analyses the intended and unintended impacts of conflict and traces the transformations in women’s understandings of themselves and their positions in public life. It raises important questions for the international community about the inevitable victimization of women during mass violence, but it also identifies positive impacts of armed conflict. The book also discusses how the Maoist insurgency had empowering effects on women. The first study to provide empirical evidence on the relationship between armed conflict and social transformation from gender’s perspectives, this book is a major contribution to the field of transitional justice and peacebuilding in post-armed-conflict Nepal. It is of interest to academics researching South Asia, Gender, Peace and Conflict Studies and Development Studies.


Book Synopsis Social Transformation in Post-conflict Nepal by : Punam Yadav

Download or read book Social Transformation in Post-conflict Nepal written by Punam Yadav and published by Routledge. This book was released on 2016-04-28 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of social transformation has been increasingly used to study significant political, socio-economic and cultural changes affected by individuals and groups. This book uses a novel approach from the gender perspective and from bottom up to analyse social transformation in Nepal, a country with a complex traditional structure of caste, class, ethnicity, religion and regional locality and the experience of the ten-year of People’s War (1996-2006). Through extensive interviews with women in post-conflict Nepal, this book analyses the intended and unintended impacts of conflict and traces the transformations in women’s understandings of themselves and their positions in public life. It raises important questions for the international community about the inevitable victimization of women during mass violence, but it also identifies positive impacts of armed conflict. The book also discusses how the Maoist insurgency had empowering effects on women. The first study to provide empirical evidence on the relationship between armed conflict and social transformation from gender’s perspectives, this book is a major contribution to the field of transitional justice and peacebuilding in post-armed-conflict Nepal. It is of interest to academics researching South Asia, Gender, Peace and Conflict Studies and Development Studies.

Negotiating Transitional Justice

Negotiating Transitional Justice

Author: Mark Freeman

Publisher: Cambridge University Press

Published: 2020-01-16

Total Pages: 267

ISBN-13: 1107187567

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An original theory and set of essays on negotiating transitional justice, drawing on the authors' first-hand experience of Colombia's peace talks.


Book Synopsis Negotiating Transitional Justice by : Mark Freeman

Download or read book Negotiating Transitional Justice written by Mark Freeman and published by Cambridge University Press. This book was released on 2020-01-16 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original theory and set of essays on negotiating transitional justice, drawing on the authors' first-hand experience of Colombia's peace talks.