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Transitional Justice (Tj) Mechanisms in Nepal: Victims' Needs

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Transitional Justice (Tj) Mechanisms in Nepal: Victims' Needs TRANSITIONAL JUSTICE (TJ) MECHANISMS IN NEPAL: VICTIMS’ NEEDS AND STATE RESPONSES by SUGAM SINGH A THESIS Presented to the Department of International Studies and the Graduate School of the University of Oregon in partial fulfillment of the requirements for the degree of Master of Arts December 2019 THESIS APPROVAL PAGE Student: Sugam Singh Title: Transitional Justice (TJ) Mechanisms in Nepal: Victims’ Needs and State Responses This thesis has been accepted and approved in partial fulfillment of the requirements for the Master of Arts degree in the Department of International Studies by: Anita M. Weiss Chairperson Elizabeth C. Tippett Member Harvey M. Blustain Member and Kate Mondloch Interim Vice Provost and Dean of the Graduate School Original approval signatures are on file with the University of Oregon Graduate School. Degree awarded December 2019 ii © 2019 Sugam Singh This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs (United States) License. iii THESIS ABSTRACT Sugam Singh Master of Arts Department of International Studies December 2019 Title: Transitional Justice (TJ) Mechanisms in Nepal: Victims’ Needs and State Responses This thesis examines the history and intricacies of Transitional Justice (TJ) and how it has been utilized in the case of Nepal. Since the TJ process does not exist in a historical and socio-political vacuum, I also cursorily review facets as they pertain to the TJ process in Nepal. The rallying cry among victims and families of civil war victims has been for inclusivity in the TJ process and its implementation, holding offenders accountable, and appropriate restitution and reconciliation opportunities. This thesis evaluates the current TJ mechanisms implemented in Nepal and analyzes their efficacy in fulfilling the needs of the victims. The TJ process, even before any implementation and definitely during the consulting period, should be more victim-centric; this allows for the goals of TJ to be met at an immediate individual level, which in turn could lead to an onset of a larger positive socio-political transformation. I also argue that the utilization of Restorative Justice (RJ) principles using Participatory Methodologies will contribute towards ensuring both TJ processes and frameworks focus on the victims’ needs. iv CURRICULUM VITAE NAME OF AUTHOR: Sugam Singh GRADUATE AND UNDERGRADUATE SCHOOLS ATTENDED: University of Oregon, Eugene University of New Orleans, New Orleans DEGREES AWARDED: Master of Arts, International Studies, 2019, University of Oregon Master of Science, Conflict and Dispute Resolution 2019, University of Oregon Bachelor of Arts, International Studies, 2010, University of New Orleans AREAS OF SPECIAL INTEREST: Conflict Transformation International Affairs Socio-Political Development PROFESSIONAL EXPERIENCE: Graduate Employee, Department of International Studies, University of Oregon (September 2019 – December 2019) Graduate Employee, Department of History, University of Oregon (March 2018 – June 2019) Graduate Employee, Department of International Studies, University of Oregon (September 2017 – March 2018) Graduate Employee, Department of International Studies, University of Oregon (September 2015 – December 2016) Assistant to Restorative Justice Programs Manager, Center for Dialogue and Resolution, Eugene (October 2014 – December 2014) Peace Fellow, Advocacy Project, (June 2014 – August 2014) Research Intern, Nepal Peace Support Project (NPSP) (April 2012 – September 2012) v GRANTS, AWARDS, AND HONORS: Jubitz Peacebuilders Award, University of Oregon, 2019 George and Conni Slape Fellowship, University of Oregon, 2016 Thurber Award, University of Oregon, 2016 Raymund Fellowship. University of Oregon, 2015 Global Corners International Student Award, University of Oregon, 2014 Helen and Barney Wood Scholarship, 2014 Northwest Institute for Conflict Resolution Student Fellowship, 2014 Rotary Peace Fellow, Rotary Foundation, 2013 vi ACKNOWLEDGMENTS Foremost I would like to thank Professor Anita M. Weiss for chairing my thesis committee and providing invaluable guidance and unwavering support towards finishing my thesis. It would not have been possible for me to graduate without her support, and for that I will always be thankful. Likewise, support and feedback provided by my committee members, Professor Elizabeth C. Tippett and Dr. Harvey M. Blustain, helped me with the direction and substance of my thesis. I am deeply indebted for their assistance. I would also like to thank Dr. Trish Pashby for her meticulous help in editing this thesis, and without whose help this would not have been possible as well. My sincere thanks to Sujata Singh and Tyler Gebauer for going over my rough drafts and providing much-needed comments during early phases of the work. The continuous support of my parents Rajendra Bahadur Singh and Shaileswori Kumari Singh was monumental during my time at the University of Oregon, and for that I would like to show my greatest appreciation. Many people and organizations were involved in getting me to Eugene to attend the University of Oregon, and I would be remiss if I did not acknowledge them. I would like to thank the Rotary Foundation, Rotary Club of Dhulikhel, and Metropolitan Rotary Club of Eugene for nominating me to be a Rotary Peace Fellow. I would not be where I am if it were not for the concerted effort of Tim Hicks, Anna Shamble, Carol Fellows, Nancy English and Tom English: thank you! I would also like to thank Bandon Rotary Club for their financial support, and the members of Metropolitan Rotary Club of Eugene for their hospitality and help over the years. vii Kata Bahnsen-Reinhardt from the Conflict and Dispute Resolution Department and Hope Marston from International Studies Department were always there to help with logistical help and navigating forms and processes, and for that I am grateful. I am also grateful for all the wonderful and knowledgeable people I was lucky to meet throughout my time in school, and whose influence and support helped me push forward in completing my studies. I would like to thank Menaka Shrestha and Dristi Manandhar for their support beyond school. I would also like to extend my gratitude to Jason W. Daniels and Heather Wilson for all their best wishes and help while I was writing my thesis. Finally, I want to acknowledge and thank Corrin L. Avchin for being a pillar of strength and support in continually pushing me to strive for the best, and for going above and beyond in supporting me. There are still other people to thank who have helped me in my academic and professional journey, and even though I am not able to name everyone here, my heartfelt gratitude goes to everyone who wished me well throughout these years. viii Dedicated to victims and survivors of violence and injustice. ix TABLE OF CONTENTS Chapter Page I. INTRODUCTION .............................................................................................. 01 II. METHODOLOGY ............................................................................................ 06 III. TRANSITIONAL JUSTICE (TJ) ..................................................................... 09 Growth of TJ ............................................................................................... 12 Legalistic TJ ................................................................................................ 15 IV. THE NEED FOR TRANSITIONAL JUSTICE IN NEPAL ............................... 18 Leading up to the Beginning ........................................................................ 18 Beginnings of the Revolt .............................................................................. 24 Direct and Brutal Violence ........................................................................... 29 V. TRANSITIONAL JUSTICE (TJ) MECHANISMS IN NEPAL........................... 32 Truth and Reconciliation Commission (TRC) and Commission of Investigation on Enforced Disappeared Persons (CIEDP) ...................................................... 33 What Went Wrong with TJ Mechanisms in Nepal? ...................................... 40 Lack of Victim Voices ..................................................................... 46 Discrepancy Within and of Victims .................................................. 50 VI. OTHER ISSUES TO (RE)CONSIDER ............................................................. 55 Corruption and Impunity .............................................................................. 56 Federalism and Identity Issues ..................................................................... 59 Power Hungry Central State Versus Federalism ........................................... 62 x Chapter Page VII. RESTORATIVE JUSTICE (RJ) AND TRANSITIONAL JUSTICE ................ 65 Restorative Justice (RJ) ................................................................................ 66 A Critical Look into RJ ................................................................................ 68 Hybridization of Transitional and Restorative Justice ................................................................................. 71 Participatory Action Research (PAR) / Participatory Methodology to Strengthen Restorative Justice (RJ) Principles .......................................... 74 VIII. ASSESSMENT AND CONCLUSIONS ........................................................ 79 Assessment ................................................................................................. 79 Conclusions ...............................................................................................
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