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Transitional injustice in Nepal

<figure><img width="1400" height="788" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107111156/6368e4439c7e80680e0333ccjpeg.jpg" alt=""/><figcaption>COMMON QUEST: Laxmi Khadka (left) and Usha Dahal's husbands were abducted by opposing sides during the war, and never returned. They are in Kathmandu together this week to lobby on a bill to amend the 2014 Transitional Justice Act. Pic: Om Astha Rai</figcaption></figure>Laxmi Khadka of Bardiya and Usha Dahal of Banke were on the same Nepalganj-Kathmandu flight on a scorching afternoon early this week. The two are now united in a quest for <a href="https://www.nepalitimes.com/here-now/the-struggle-for-transitional-justice/" target="_blank" rel="noopener">justice</a>, but were pitted on the opposite sides during <a href="http://archive.nepalitimes.com/article/nation/revisiting-maoist-demands,2860" target="_blank" rel="noopener">the war.</a> While Khadka’s husband was kidnapped by Maoists in 2003, Dahal’s husband was detained by police in 2002. They never saw their husbands again. Their husbands vanished at the hands of opposing sides, and both now seek truth and <a href="http://archive.nepalitimes.com/blogs/kundadixit/2015/03/23/just-justice/" target="_blank" rel="noopener">justice</a>. Their common cause has allowed the two women to develop a strong bond. They often travel together to attend programs held by Conflict Victims Common Platform -- an umbrella body of the families of those killed, tortured and made disappeared during the 1996-2006 Maoist war. Read also: <a href="https://www.nepalitimes.com/editorial/rocky-transition-to-justice/" target="_blank" rel="noopener">Rocky transition to justice</a>, EditorialDahal, 45, calls Khadka, 50, didi (elder sister), and they spend hours talking about not just their missing husbands but also about other mundane matters like places, food and Facebook. Dahal, a staunch Maoist sympathiser, says: “I thought every single non-Maoist was my enemy, but my views changed when I met Laxmi Didi and women like her.”Khadka smiles, and passes a white shawl to Dahal as the two ready for a photo shoot at a lodge in Kathmandu. She says: “Politicians turned us against each other during the war, but we are now together to fight against them.” Once in Kathmandu, they learnt that a bill was finally in place to amend the 2014 <a href="http://archive.nepalitimes.com/article/nation/truth-about-truth-commission,3565" target="_blank" rel="noopener">Transitional Justice</a> Act, and the government wanted their quick comments on it. They are aware that the contents of the bill and its wording will directly affect their lives, but they do not know how to react.Relatives of <a href="https://www.nepalitimes.com/banner/doors-closed/" target="_blank" rel="noopener">conflict victims</a> like Khadka and Dahal have been given just two weeks to discuss the draft amendment.Human rights groups had opposed the 2014 Act, which they said does not meet international standards and had provisions of blanket pardon for those accused of war crimes.The government took four years to come up with the amendments, and now wants to pass it as soon as possible. Victims’ families say there is too little time to even understand the 22-page document laden with legal jargon. <a href="http://archive.nepalitimes.com/news.php?id=12522#.WzYeK1UzbIU" target="_blank" rel="noopener">Suman Adhikari</a>, son of Muktinath Adhikari who was executed by Maoists in Lamjung in 2002, says: “We cannot make head or tail of the draft amendment in such a short period. The government must give us a simplified and summarised version of the bill, and more time to study and debate it “ The way the government is hurriedly pushing through the new bill raises suspicion that it just intends to get it done and over with, denying transitional justice to conflict victims. Law and Justice Minister Sher Bahadur Tamang has claimed that the new bill is ‘pro-victim’, and it will solve all conflict-era cases. But conflict victims and human rights activists say the bill could actually be ‘pro-perpetrator’. <img width="255" height="795" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107111156/6368e4469c7e80680e0333cdjpeg.jpg" alt="">To be sure, the draft amendment has addressed the four fundamental principles of transitional justice: truth, reparation, conviction and commitment to not repeat war crimes. It is also largely in tune with a Supreme Court verdict, which is against granting amnesty to perpetrators of gross human rights violations: extra-judicial killing, torture, enforced disappearances and rape. Read also:<a href="https://www.nepalitimes.com/here-now/when-our-son-was-killed/" target="_blank" rel="noopener"> When our son was killed</a>But the new bill has taken a leaf out of Colombia’s ‘restorative justice’ system, which focuses on reconciliation and reparation instead of punitive measures. It guarantees conflict victims the right to reparation, but it also proposes to reduce jail terms by up to 75% if perpetrators help the investigation, apologise and express a commitment to not violate human rights in future. Even if the accused does not admit to the crime, sentencing can be reduced up to 60% depending the condition in which the incident took place.For example, if an ex-guerrilla or soldier is convicted of kidnapping and murdering a civilian and is slapped with a 20-year jail term, he/she will have to spend only five years in jail. As per Nepal’s criminal law, one day is made up of 12 hours, not 24 hours. So, a five-year jail term would actually be 2.5 years. And, based on ‘good behaviour’, the sentence can be shortened by another 60%.Those convicted of war crimes could end up spending less than a year behind bars. The new bill also introduces the concept of ‘open prison’ and ‘community work’.Convicted murderers can even spend their reduced jail-terms at home, or do 'social work’. “If this is how those who took away my husband will be punished, I don’t want justice,” says Laxmi Khadka. The two ex-Maoists who kidnapped her husband are roaming free. “It means I will have to continue living with them even after they are convicted, there will just be more bad blood.” Human rights activist Subodh Pyakurel says the new bill is full of vague provisions that can be used by the State to manipulate the amended transitional justice act and indirectly allow perpetrators to get off the hook. He says: “It would be too risky to accept a transitional law laden with so many loopholes, especially after the UML-Maoist merger.”Pyakurel also criticises the bill for lacking provisions that could hold political commanders responsible for the war crimes they committed or abetted. “If this bill is passed as it is, Deuba and Dahal will not even have to say sorry, let alone face jail sentences,” he says. “Why should they be allowed to enjoy impunity?”Suman Adhikari, ex-President of Conflict Victims Common Platform, says they are not totally against reducing punishment. “Punishment can be reduced if it serves the purpose of social harmony and reconciliation,” he says. “But the government should not have arbitrary power to decide whose sentencing to reduce and by how many years.”What worries conflict victims is that ex-Maoist leaders, the military leadership and the main opposition NC have given their nod to the bill. The Maoists have filibustered transitional justice process for a long time, and are now washing their hands of blood after <a href="https://www.nepalitimes.com/here-now/yesterdays-enemies-todays-comrades/">the merger with the UML</a>.They are now part of modern Nepal’s strongest government ever, so they want to use their positioning to conclude the transitional justice process by pushing through a diluted law.A lawyer involved in drafting the bill admitted to us: “Given our political environment and the power that ex-Maoists wield, this is the strongest document we could come up with.”  Conflict victims accept that the bill does address their rights to reparation, but Human rights lawyer Mandira Sharma says even this provision is flawed.She says: “If victims are denied reparation, they cannot seek justice. The bill does not envision a mechanism where victims denied of reparation can go.”  Read also:<a href="http://archive.nepalitimes.com/article/editorial/lost-decade-of-post-conflict-transition,2139" target="_blank" rel="noopener">Another lost decade</a>, Editorial"<a href="http://archive.nepalitimes.com/article/nation/No-justice-yet-for-the-victims-of-peoples-war,2984" target="_blank" rel="noopener">How many times do we need to share our story?</a>", Seulki Lee<a href="http://archive.nepalitimes.com/article/editorial/state-of-impunity,2976" target="_blank" rel="noopener">State of Impunity</a>, Editorial

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Just not justice

Who is accountable for teacher-student relationships?

Of the nearly 19 million eligible voters in next week’s election in Nepal, an estimated 5 million are abroad and cannot cast their ballots. Many others within Nepal must travel to their home districts, and might decide not to because of the cost.
Flights into Kathmandu these days are full of global Nepalis returning just to vote, but almost as many are leaving for overseas jobs. Most of those coming or going are in the 20-40 age group, and a majority want Nepal to see a change in leadership.
Bangladesh held an election this month in which citizens overseas could vote by mail.&nbsp;
“Bangladesh made maximum use of technology not just for campaigning but also for polling itself. We could have also managed this, so people within Nepal did not have to travel to their home districts to vote,” says Mohna Ansari, former head of Nepal’s National Human Rights Commission who was an election observer in Bangladesh.
A 3-day holiday has been declared so people can travel to their home constituencies to cast ballots. Even if there was not enough time to manage ballots for overseas Nepalis, it could have been done for Nepalis within Nepal.
Former Chief Election Commissioner Bhojraj Pokharel reckons that physical voting in countries with a large Nepali diaspora would have been a logistical nightmare, but in the PR system, using electronic voting machines or paper ballot could have been piloted in some places. It is not possible to manage the entire voting process until we introduce the internet voting system.
“First of all, there needs to be political will to bring the policy and be ready to undertake that level of investment and it is not a one-time cost,” Pokharel says. “A government formed by the GenZ could have atr least issed an ordinance ensuring this right, piloted out-of-country voting where possible, which could have built pressure for the future Parliament and the government. It would have given people hope. It is a lost opportunity.”
All major political parties called for voting rights for global Nepalis in their manifestos, but these very leaders blocked legislation allowing it despite a 2017 Supreme Court ruling out of fear that it would be anti-incumbent.&nbsp;
<h2>Why so late?</h2>
Bangladesh delivered election results in just one day, but the final results of Nepal's last local polls in 2022 including that of Kathmandu constituencies took nearly a month.
Acting Chief Election Commissioner Ram Prasad Bhandari said this week that the results of the First-Past-The-Post (FPTP) ballot counting would “likely” be published within 24 hours of the poll closing at 5PM on 5 March. But many are skeptical.
“I wonder if we lack the capacity or know-how to announce results as quickly as possible,” says Mohna Ansari.
Former Chief Election Commissioner Pokharel says manual ballot paper counting in Nepal is inherently slow because of the large numner of political parties and/or candidates on the ballot, the counting mechanism, the political behaviour of the candidates/parties and some managerial issues during counting.
“Our present policy is to count all the ballot papers at the returning officers' officies, located at the district headquarters. It requires collecting ballot boxes safetly first. This takes time, and there have been cases of ballot boxes being damaged or stolen during transport. In a few highly difficult, geographically remote polling centres, we use a helicopter or transport. But sometimes, accommodating the party and candidates' representatives remains challenging,” explains Pokharel. A solution could be counting ballots at the very booths where they are cast.
Another reason for the delay is simply the number of political parties, and the need for each ballot paper to be examined by booth representatives for consensus. In close races, the smallest difference can lead to tense situations, further delaying results, even though counting centres are protected by metal fencing so there is no disruption.
After this, then it is the turn of Proportional Representation (PR) ballots to be counted. Weeks pass by the time the results of candidates and parties are tallied and verified. But the most common delay is because election officers think ballot counting is a nine-to-five job.&nbsp;
“The efficiency of poll station officers is most important, and they are incentivised for this,” says Ansari, adding that counting can even start within an hour after voting closes.
In remote areas, local resources could be mobilised to make counting quicker, but there is a crisis of trust, adds Ansari.&nbsp;
That could be easily solved with electronic voting which the EC implemented in the 2008 polls but discontinued because political parties felt the machines could be hacked or manipulated.

Nepalis Select Who To Elect

On Saturday, Iran retaliated with missile strikes on Abu Dhabi, Dubai, Bahrain and Qatar, a region where there are an estimated 2 million Nepalis working to send money home. In addition, thousands of Nepalis were preparing to board flights to Kathmandu from West Asian cities this weekend to vote in the 5 March election. Many are said to be stranded at various aviation hubs. A Qatar Airways flight from Doha took off just before the air space was closed, while Air Arabia and Kuwait Airways have diverted or cancelled flights. Nepalis in the West Asian region said things were relatively calm where they were, although some heard loud explosions at about noon local time. In Dubai, some thought they were Ramadan fireworks.&nbsp; In Kuwait, nearly 2,000 Nepalis working in the US military base as security guards and cleaners were evacuated before the strikes. In Bahrain where the US Fifth Fleet naval base is located and which was hit by two Iranian missiles, workers contacted by Nepali Times said the situation was under control and the authorities had told everyone to stay indoors and not use highways. The conflict also coincided with the beginning of Nepal’s trekking and mountaineering season, and tourists were either on their way or planning to leave European and North American cities for Himalayan hikes. Most of them transit through Doha, Dubai or Kuwait and all three airports are closed. Turkish Airlines flights via Istanbul are still operating.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260228130212_ab5e132d56da1df6a3fb1b6919648f845a168ad2c51d79f7587fb85a6e913b97.png" data-media-id="editor_0" data-image-id="20260228130212_ab5e132d56da1df6a3fb1b6919648f845a168ad2c51d79f7587fb85a6e913b97" data-rendition-name="original" width="1864" height="826" loading="lazy" alt="Qatar and UAE airspace closed"> <figcaption>Qatar and UAE airspace closed. Credit: Flightradar24</figcaption> </figure>  However, the main impact for the world could be a spike in the price of petroleum products if the strategic Strait of Hormuz is blocked. China relies on Iranian oil for their refineries, and Nepal could be affected indirectly if the economies of its neighbours are hit. Nepal imports all its diesel, petrol, LPG and aviation fuel from India which sources it mainly from the Gulf, and until recently from Russia. Petroleum makes up 25% of the value of all imports, and that is more than Nepal earns from all its exports. Saudi Arabia this year overtook the UAE as the main destination for Nepali workers, with the number now totalling 400,000. There are said to be as many in the UAE, and another 350,000 in Qatar. There are another 100,000 mostly women in Kuwait, and 50,000 each in Oman and Bahrain.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260228130220_d24ae633ff84f283835434becdb2f1351f84c415ce87ca34378bd4e2669661b3.jpg" data-media-id="editor_1" data-image-id="20260228130220_d24ae633ff84f283835434becdb2f1351f84c415ce87ca34378bd4e2669661b3" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="West Asia Iran conflict"> <figcaption>Iran retaliated with missile strikes on Abu Dhabi, Dubai, Bahrain and Qatar on Saturday.</figcaption> </figure>  Nepal receives nearly $11 billion a year in remittances from overseas Nepalis (not counting India) through official channels, although the total is said to be much more. &nbsp;This makes up more than a quarter of Nepal’s GDP equivalent — one of the highest proportions in the world. More than half of the overseas remittances to Nepal comes from its workers in the Gulf, and it is the mainstay of the country’s economy. Nepalis in Saudi Arabia, Qatar and the UAE alone send home more than $3 billion a year, much of that helping support their families back home. An average Nepali worker in the Gulf sends home nearly $2,500 a year, and this is spent mainly for household supplies, children’s education and healthcare. There are also an estimated 7,000 Nepali caregivers and healthcare workers in Israel, and most of them are women. The Nepal Embassy has asked Nepalis in Israel to take caution and move to bomb shelters.

West Asia war and Nepalis

If you did not watch the understated movie उनको स्विटर / (The Woolen Sweater) after it was released in May last year, you missed a major turning point in Nepali cinema. Much-hyped films fall short of expectations, but here is an exquisitely acted and directed production with a strong underlying message of tolerance. What a contrast from formulaic melodramatic Kollywood fare — a love story so simple, cinematography so subtle in capturing the beauty of the monsoon on mountain pastures, and a background folk song accompaniment that evokes the flavour and tenor of multi-ethnic eastern Nepal. Since its release, Unko Sweater received praise in Nepal, but it was in multiplexes across Nepaliphone India where the movie became a rage. Positive reviews spread by word of mouth on social media, where the script, performance and camera work were praised for reflecting a genuine and unsullied rural Nepal. The movie is a layered portrayal of caste, ethnicity, gender and culture with the tender romance between the shy Dharanidhar Kafle (Bipin Karki) and Phool Gurung (Miruna Magar) in which the two, despite being soulmates, have to deal with societal norms and gossip. They do this without rebelling, in their own quiet way. In the first scene in a crowded jeep, people are seen discussing an election. An elderly greying Kafle is headed home, and the rest of the movie has back and forth flashbacks revealing the story of his unspoken affection for Phool. But there is an undercurrent of ethnic rigidity. When Kafle’s brother Dambar elopes with Iksha Limbu, the repercussions are borne by both families. Then Kafle’s uncle is banished for being an outcast.&nbsp; Miruna Magar as Phool, as an ebullient woman, is in contrast to the introverted Kafle, who does not say much but has a melodious singing voice. As the plot thickens, Kafle is shown to be bound by circumstances that pose obstacles to his love for Phool. The storyline delicately shows how life and situations constantly force people to shift direction. Despite underlying differences, the various castes and ethnicities in this fictitious village near the Sikkim border get along because they have to. There is an interdependence between highland farmers and other ethnicities living down the valley that is at the heart of Nepal’s ethnic harmony. Despite taboos about interethnic and intercaste relationships, people still have trust and faith amongst each other. There is no time reference to the story, but it does speak of a nostalgic era decades ago when rural Nepal was not yet connected by roads and phones, when people had no choice but to get along. Things have changed now with outmigration, and education has blurred ethnic lines. A QUIET LOVE Director Nabin Chauhan is not in your face with his message, giving viewers a hint of deep rooted traditional values that still govern society. Each character adds to the storyline, validating the way they behave, pushing the plot forward.&nbsp; There are many emotions that are intricately woven into the plot, and the most prominent, of course, is love. Not the showy, lustful way it is shown in flamboyant formula films, but a quiet bond that does not need words, a silence, a glance and a gesture conveying the universe of love. When Phool asks Kafle what he will do if they cannot be together, he says he will build her a house with a beautiful garden of flowers in the meadows where he herds livestock. He builds it awaiting her return, while Phool knits him a sweater, the symbol of their interwoven love. In screenings of the film in Nepal and India, there has not been a dry eye in the audience. The background score and music by Kobid Bazra and the powerful rendition by Jhuma Limbu of the ‘Kafle’ strike a strong chord. The cinematography by Chintan Rajbhandari does not glamourise Nepal’s rural landscape, it is shown in its raw misty beauty as a constant backdrop. The viewer is uplifted by the notion that love transcends social restrictions and orthodoxies.&nbsp; The ending is left deliberately unfinished, possibly to make way for a sequel which we can only hope will be as compelling as उनको स्विटर. &nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260301060348_42480e8b6934c9a5c518c44c2970748b341bbbf290c2b303b6aa6359d883567b.jpg" data-media-id="editor_0" data-image-id="20260301060348_42480e8b6934c9a5c518c44c2970748b341bbbf290c2b303b6aa6359d883567b" data-rendition-name="original" width="1280" height="560" loading="lazy" alt="Unko Sweater"> </figure>  उनको स्विटर / (The Woolen Sweater) Artmandu Nepal, 2025 Directed by Nabin Chauhan 145 minutes Available now on YouTube <div class="embed-block"><iframe width="560" height="315" src="https://www.youtube.com/embed/lCgtmgiII7M?si=MirwKOwKmxE3jLS6" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></div>

nepal-transitional-justice-act

Transitional injustice in Nepal

Just not justice

Who is accountable for teacher-student relationships?

Nepalis Select Who To Elect

West Asia war and Nepalis

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