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 212 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.
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.
Download or read book Reconciliation and Transitional Justice in Nepal written by Colette Rausch and published by . This book was released on 2017 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Children and Transitional Justice in Nepal written by Krista Elizabeth Billingsley and published by . This book was released on 2018 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this dissertation, I argue for an approach to transitional justice that analyzes the diverse and dynamic ways in which people experience armed conflict and its aftermath. I question what actually changes during a state's "transitional period" and illuminate how transitional justice is utilized, politicized, and manipulated by powerful actors. Throughout this dissertation, I examine the varied experiences of people who endured gross violations of human rights as children, according to international law, and who are now, within that legal framework, adults. I follow the lives of victims of Nepal's armed conflict as they transition out of what is recognized in international law as a temporary phase known as "childhood" and explore what they recognize as constant and temporal in their own lives as the Nepali state undergoes its own transition, also argued to be a temporary phase, transitional justice. I inquire how diverse identities and patterned inequality are reconstituted through processes of transitional justice and contend the façade of the inclusion serves as a distraction from claims for equitable access to power and resources. A key argument of this dissertation is that the performance of transitional justice in Nepal, including the performance of redressing human rights violations experienced by victims and addressing the needs of the most vulnerable victims (e.g. children), functions to conceal international complicity in as well as the state's commitment to maintaining structural inequality. Following ten years of armed conflict to ameliorate historically sedimented inequity, state-led transitional justice mechanisms have served to entrench the exclusion of economically, politically, and socially marginalized groups and ensure Nepalis' continued distrust in the national government. Thus, while addressing structural inequality may be beyond the reach of normative transitional justice mechanisms, the Nepali context demonstrates how processes of transitional justice cannot redress conflict-era gross violations of human rights without redressing inequitable systems of power.
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 948 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.
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.
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.
Download or read book Transitional Justice written by Norman Weiß and published by Universitätsverlag Potsdam. This book was released on 2022-01-28 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication deals with the topic of transitional justice. In six case studies, the authors link theoretical and practical implications in order to develop some innovative approaches. Their proposals might help to deal more effectively with the transition of societies, legal orders and political systems. Young academics from various backgrounds provide fresh insights and demonstrate the relevance of the topic. The chapters analyse transitions and conflicts in Sierra Leone, Argentina, Nicaragua, Nepal, and South Sudan as well as Germany’s colonial genocide in Namibia. Thus, the book provides the reader with new insights and contributes to the ongoing debate about transitional justice. Gegenstand dieser Publikation ist das Thema „Transitional Justice“. In sechs Fallstudien verknüpfen die Autoren theoretische und praktische Implikationen, um innovative Ansätze zu entwickeln. Ihre Vorschläge wollen dazu beitragen, den Übergangsprozess von Gesellschaften, Rechtsordnungen und politischen Systemen effektiver zu gestalten. Nachwuchswissenschaftler mit unterschiedlichem fachlichem Hintergrund geben hier neue Einblicke und zeigen die fortdauernde Relevanz des Themas. Die Kapitel analysieren Übergänge und Konflikte in Sierra Leone, Argentinien, Nicaragua, Nepal und Süd-Sudan sowie den kolonialen Völkermord in Namibia. So liefert das Buch dem Leser neue Erkenntnisse und trägt zur laufenden Debatte über das Thema „Transitional Justice“ bei.
Download or read book The Transitional Justice Process in Nepal written by Carlos Fernández Torné and published by . This book was released on 2013 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book A Deeper Justice written by Tafadzwa Pasipanodya and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Nepal's April 2008 election was a climactic end to a 12-year conflict. As the country transitions to peace, efforts are underway to ensure that perpetrators of killings, abductions and torture are held accountable. As valid as this goal might be, transitional justice mechanisms should not continue to neglect economic and social justice issues. This article begins by explaining economic and social injustice as both a root and a product of Nepal's conflict, and demonstrates the deep commitment reflected in Nepal's peace agreement to addressing this injustice. This is juxtaposed with international and local transitional justice efforts that concentrate overwhelmingly on civil and political rights. After addressing the possibility of relegating economic and social justice to the development and postconflict reconstruction fields, the article suggests ways in which Nepal's transitional justice efforts might pursue such justice.
Download or read book To Walk Freely with a Wide Heart written by International Center for Transitional Justice and published by . This book was released on 2014 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Nepali Voices written by and published by . This book was released on 2008 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Difficult Transition written by Mandira Sharma and published by Zubaan. This book was released on 2016-10-25 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sexual Violence and Impunity in South Asia research project (coordinated by Zubaan and supported by the International Development Research Centre) brings together, for the first time in the region, a vast body of research on this important – yet silenced – subject. Six country volumes (one each on Bangladesh, Nepal, Pakistan, Sri Lanka, and two on India, as well as two standalone volumes) comprising over fifty research papers and two book-length studies, detail the histories of sexual violence and look at the systemic, institutional, societal, individual and community structures that work together to perpetuate impunity for perpetrators. The essays in this volume focus on Nepal, which though not directly colonized, has not remained immune from the influence of colonialism in its neighbourhood. In addition to home-grown feudal patriarchal structures, the writers in this volume clearly demonstrate that it is the larger colonial and post-colonial context of the subcontinent that has enabled the structuring of inequalities and power relations in ways that today allow for widespread sexual violence and impunity in the country – through legal systems, medical regimes and social institutions. The period after the 1990 democratic movement, the subsequent political transformation in the aftermath of the Maoist insurgency and the writing of the new constitution, has seen an increase in public discussion about sexual violence. The State has brought in a slew of legislation and action plans to address this problem. And yet, impunity for perpetrators remains intact and justice elusive. What are the structures that enable such impunity? What can be done to radically transform these? How must States understand the search for justice for victims and survivors of sexual violence? This volume addresses these and related issues. Published by Zubaan.
Download or read book Unspeakable Truths 2e written by Priscilla B. Hayner and published by Routledge. This book was released on 2010-09-13 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a definitive exploration of truth commissions around the world and the anguish, injustice, and the legacy of hate they are meant to absolve.
