Impunity is a longstanding problem in Nepal where lack of political will to account for past and present actions of the politically well-connected is compounded by other obstacles to justice, especially for those who lack financial resources or social influence. This climate of impunity also poses dangers for Nepal’s human rights defenders. As this report shows, addressing Nepal’s impunity problem is a significant challenge, but it is essential to securing lasting peace and stability.
SUMMARY
Nepal’s failure to punish perpetrators of grave human rights violations and crimes under international law committed during the armed conflict which took place between 1996 and 2006 has created an environment where violations continue to be committed with impunity.
Governance and the rule of law have been greatly compromised in Nepal, and the failure of political parties in May 2012 to agree a new Constitution - mandated by the Comprehensive Peace Agreement (CPA) signed six years previously, has only exacerbated the problem.
Successive governments’ decisions to withdraw criminal cases against individuals with political affiliations, promote alleged perpetrators of human rights violations to senior leadership positions and propose amnesties which could cover serious crimes, send a clear message to all potential perpetrators that there will be no consequences for their crimes.
Sexual and domestic violence has yet to be tackled effectively by the justice sector anywhere in Nepal; impunity for violence against women is widespread. Women’s human rights defenders complain that police often refuse to register complaints brought by women or even collude with perpetrators to shield them from prosecution. Nowhere are the results of this justice vacuum more apparent than in the Terai region of southern Nepal where the legacy of conflict-era violations and prolonged impunity has allowed a culture of violent lawlessness to take root. Armed political groups and criminal gangs (often difficult to distinguish) operate alongside corrupt police officials, obstructing access to justice, silencing dissent and evading accountability. The departure of the UN Office of the High Commissioner for Human Rights in Nepal following termination of its agreement with the Government of Nepal in December 2011 has left a significant advocacy and protection vacuum, which exacerbates dangers faced by human rights defenders attempting to challenge this climate of impunity.