On May 2, 2026, the office bearers of Nepal’s transitional justice (TJ) mechanisms—specifically the Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP)—were formally relieved of their duties following the promulgation of the Ordinance on the Dismissal of Public Officials 2026. This decision was taken by the Rastriya Swatantra Party (RSP) administration, which secured nearly a two-thirds majority in the House of Representatives during the 2026 general election. Under the leadership of senior party figure Balendra Shah, the government decided to remove officials appointed through political bargaining by previous administrations and replace them with impartial, competent, and result-oriented individuals capable of delivering tangible progress.
Nepal’s decade-long armed conflict (1996–2006) concluded with the signing of the Comprehensive Peace Agreement (CPA) between the Maoist insurgents and the state on 21 November 2006. The CPA facilitated several landmark achievements, including the integration of Maoist combatants into the Nepal Army under United Nations mediation, the promulgation of a new constitution through the second elected Constituent Assembly (CA), and the restructuring of the state. Despite these milestones, transitional justice—an essential component of the peace process—remained unresolved. Persistent political interference, particularly in the appointment of commission officials, hindered progress. Since February 2015, office bearers were appointed on three separate occasions over an eleven-year period, yet these appointments failed to produce substantive outcomes.
The recently dismissed commission officials faced widespread criticism and were boycotted by major victim groups, which accused them of being appointed without proper consultation or transparency and of failing to earn public trust. They were further accused of prioritizing the interests of perpetrators over those of victims. This perception undermined the credibility of the TRC Act and deepened the culture of impunity. In response, 334 victim representatives from 67 districts and all seven provinces filed a writ petition challenging the flawed appointments and provisions of the Act, arguing that they obstructed justice.
Reviewing transitional justice
The transitional justice process cannot be regarded merely as a domestic issue; it is also a matter of international concern, including for the United Nations. The suffering of conflict victims—who have waited for truth, justice, reparations, and guarantees of non-repetition for two decades since the signing of the CPA—remains largely unheard. Their lives have been marked by trauma, survival challenges, and uncertainty. Seeking justice has become a lifelong struggle, often perceived as unattainable. A tragic example is the case of Nanda Prasad Adhikary of Gorkha district, who died on the 334th day of his hunger strike on 22 September 2014 while demanding justice for the brutal killing of his 17-year-old son, Krishna Prasad, in Chitwan. His wife, Gangamaya Adhikary, continues the struggle without compromise.
At this critical juncture, the UN Special Rapporteur on truth, justice, reparation, and guarantees of non-repetition, Mr. Bernard Duhaime, is scheduled to visit Nepal from 9–19 June 2026. His mission will examine the steps taken and planned to address gross violations of international human rights law and humanitarian law arising from the armed conflict. He is expected to meet with representatives of the executive, legislative, and judicial branches at both central and local levels, as well as with civil society, victims’ groups, and the diplomatic community, with the aim of placing the transitional justice process on a credible path.
The CPA, which forms the foundation of Nepal’s peace process, commits to the principles of the Universal Declaration of Human Rights (1948), international humanitarian law, and fundamental human rights norms. It is further guided by Supreme Court rulings and the 2016 OHCHR technical note, which established international standards for amending the TRC Act. The legal framework governing this process is the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act 2014, currently under its third amendment.
However, despite the third amendment passed on 29 August 2024, ambiguities and gaps in the law remain unresolved. The effectiveness and credibility of the process depend on the willingness, integrity, and accountability of newly appointed office bearers, with victims placed at the center of the process. A fourth amendment to the TRC Act is therefore necessary prior to the appointment process in order to address flawed provisions undermining criminal accountability, limitations in candidate selection, and defects in the composition of the search committee, drawing on eleven years of practical experience.
The 84th provision of Nepal’s Policy and Program for Fiscal Year 2083/84, recently passed by Parliament, commits to completing the transitional justice process at the earliest possible stage. This provision calls for credible new appointments to the TRC and CIEDP, ensuring impartiality, credibility, and victim-centered justice free from political influence. If implemented effectively, it could generate renewed hope for completing the long-delayed transitional justice process, meeting international standards, satisfying victims, breaking the vicious cycle of impunity, and ultimately creating a historic milestone in Nepal’s peace journey.
The author is the immediate coordinator of the Accountability Watch Committee (AWC), former Chair of Amnesty International Nepal Section, and former President of the Human Rights Organization of Nepal (HURON).
