The International Commission of Jurists, Advocacy Forum Nepal (AFN) and the Judges’ Society Nepal (JSN) held a Judicial Dialogue on the Role of Judiciary in the Effective Implementation of Fundamental Rights on 9-10 April 2024. The event focused particularly on the right to an effective remedy for victims and survivors of human rights violations and abuses in the context of Nepal’s transitional justice process.
Participants included 60 judges and public prosecutors operating within district and high court jurisdictions in Sudurpaschim and Lumbini provinces.
In his keynote speech, the Chief Justice of the Supreme Court of Nepal, Rt. Hon. Bishowambhar Prasad Shrestha, underscored the imperative of access to justice for victims of serious human rights violations:
“Justice can only be achieved when victims perceive it being served. The judiciary has duty to ensure justice for victims, and it is crucial to acknowledge that the regular justice system possesses the credibility, competency, and duty to address cases of human rights violations related to the conflict.”
The dialogue considered the jurisdiction of the regular justice system and the role of justice actors in facilitating victims and survivors right to effective remedies and reparation, as well as their rights to the truth.
Participants welcomed the Supreme Court judgments regarding the normative framework applicable to the transitional justice process. However, they also observed that a lack of political will remains a primary obstacle in advancing that process. The participants jointly stated:
“On one hand, the Government asserts that victims of conflict will find redress through transitional justice (TJ) mechanisms. However, on the other hand, the necessary legal frameworks for establishing these mechanisms have yet to be passed, even seventeen years after the signing of the Comprehensive Peace Agreement (CPA).”
Some prosecutors and judges shared the challenges they face when initiating cases involving human rights violations and abuses committed by individuals in positions of power. Additionally, they emphasized the importance of having trained human resources not only within the judiciary but also within the public prosecutor’s office and the Bar, to comprehend the complexities of the interaction between transitional and the ordinary criminal justice process.
The following participants delivered presentations concerning the right of victims and survivors to effective remedies and reparation:
- “Delay in Transitional Justice Process and its Multidimensional Effect,” Keynote Speech by Rt. Hon. Bishowambhar Prasad Shrestha, Chief Justice of the Supreme Court of Nepal
- “The Evolving Landscape of Nepal’s Transitional Justice Process and the Role of the Judiciary and Justice Sector Actors,” Hon. Tek Narayan Kunwar, General Secretary of Judges’ Society Nepal, and Chair of the Special Court
- “Role of the Judiciary in Effective Implementation of Fundamental Rights, with a Special Focus on the Right to Remedy of Victims,” Hon. Til Prasad Shrestha, Vice-president of Judges’ Society Nepal, and Justice of the Supreme Court of Nepal
- “The Global Context of Transitional Justice: Challenges, Lessons Learned, and Good Practices,” Dr. Mandira Sharma, Senior International Legal Adviser, ICJ
This was the sixth in the series of Judicial Dialogues under ICJ’s Global Accountability Initiative. Information on the previous Judicial Dialogues can be found here, here, and here.