Nepal stands at a critical crossroads in its quest for lasting peace and sustainable development. Despite the refined legal framework introduced through the third amendment to the Transitional Justice (TJ) Act in August 2024, progress on the TJ process had remained stalled—until recently, with the appointment of the Prime Minister’s TJ and Human Rights Adviser and the formation of a new Search Committee. However, the state’s persistent inability to act decisively, coupled with the previous search committee’s failure to recommend members for the two transitional commissions, underscores the urgent need for meaningful intervention. This stagnation undermines not only the prospects for reconciliation and restorative justice but also threatens Nepal’s future stability by risking a recurrence of unresolved conflict. The voices of thousands of victims and their families are fading, largely ignored by both the post-conflict state and the international human rights community, including the United Nations and other global stakeholders.

The Stalled Preparatory Work

While the latest amendments to the TJ Act demonstrate a formal commitment to addressing past injustices, the state's preparatory efforts remain paralyzed by bureaucratic delays and political indecision. The previous search committee’s failure to nominate qualified commission members reflects deeper systemic dysfunction and irreconcilable differences among key political leaders over the expected outcomes of the TJ process. Without clear, credible, and efficient mechanisms to advance, victims and affected communities remain sidelined, and the likelihood of meaningful justice continues to diminish.

The growing disconnect between legal frameworks and their implementation further erodes public trust in political leadership, both domestically and internationally. Administering the Truth and Reconciliation Commission (TRC) process, along with providing genuine reparations to thousands of victims and their families, will require skilled, tactful, and politically impartial management. Political interference and biases could exacerbate the situation rather than resolve it.

More than 63,000 complaints remain unopened and unprocessed, with substantial evidence still requiring verification and application. Furthermore, additional complaints—particularly those related to sexual violence—are likely to surface. The burden of ensuring security guarantees and sensitive witness protection measures will be formidable. International standards and comparative experiences in TJ processes, each tailored to unique national contexts, must be taken into careful consideration.

Lessons from the International Arena

Nepal’s political leadership would do well to learn from global precedents. The recent experience in the Philippines—where former President Rodrigo Duterte faces arrest and intervention by the International Criminal Court (ICC)—serves as a cautionary tale. While Nepal’s situation is distinct, failure to conduct a credible TJ process and address victims’ concerns could attract similar international scrutiny and consequences, as warned by multiple human rights organizations.

Fairness and transparency in addressing past abuses are not merely legal obligations; they are vital to sustaining domestic legitimacy and securing international support. Last year, the Supreme Court of Nepal referenced observations from the UN Human Rights Committee regarding 59 complaints from Nepal—a stark reminder of the global community’s watchful eye. The National Human Rights Commission (NHRC), as mandated with its global ‘A’ status, must remain vigilant throughout the TJ process and its eventual implementation.

The Call for Immediate Action

Key stakeholders, including the NHRCN, have consistently called for urgent action. Continued delays are no longer tolerable. The evolving international landscape, with shifting geopolitical priorities and rising accountability standards, presents unprecedented challenges that Nepal must urgently address. Aligning domestic efforts with global expectations is critical; further inaction will jeopardize Nepal’s progress toward justice and sustainable development.

Any further delay by the newly formed Search Committee in recommending credible, competent, and politically neutral commissions will severely undermine resource mobilization and international support. Political party leaders must not underestimate this moment. Fact-finding, truth-seeking, societal engagement in reconciliation, reparations, prosecutorial scrutiny, and guarantees of non-recurrence through institutional reform are all essential pillars of a successful TRC process. Global experiences show the TJ as complex blend of quasi-judicial and non-formal justice mechanisms, while challengingand diverse, however, remains achievable.

Close monitoring by the NHRC, UN mechanisms, victims’ networks, and strict enforcement of witness protection and security measures will be indispensable for its success.

A Way Forward for Peace

Nepal’s future peace and prosperity are inextricably linked to the timely and just resolution of its transitional justice process. Continued delays will deepen historical wounds and destabilize the fragile progress achieved so far. Recognizing this urgency, the NHRCN and other committed stakeholders stand ready to offer full support and actionable recommendations to accelerate the process.

Drawing on global experiences, Nepal has made commendable efforts through the third amendment of TJ Act in August 2024, to redesign a comprehensive and improved TJ model that places victims at its core—at least in principle. The revised TJ Act provides avenues to integrate restorative, reconciliatory, participatory, reparative, prosecutorial, and reformative justice approaches through both informal and formal mechanisms. Even the ethical justice theory of Ronald Dworkin, which emphasizes fidelity to international transitional justice norms, finds resonance within this legal framework.

Conclusion

Nepal must urgently bridge the gap between ambitious legal frameworks and their effective implementation. Doing so will honour the memory of those affected, restore trust in the system, and chart a path toward a future grounded in justice and peace. Nearly two decades of delay have already tested the patience of victims and weakened the nation’s credibility. Failure to act decisively now may result in Nepal permanently losing its last, best opportunity for lasting peace and justice.

Dr. Surya Dhungel is a professor of law, senior advocate, and currently serves as a Human Rights Commissioner.