Tuesday, September 4, 2012

Role of Human Rights Defenders in the Transitional Justice Process



Subodh Raj Pyakurel
Chairperson
Informal Sector Service Centre (INSEC)

1. Introduction

This paper is prepared for the program organized by Transitional Justice Resource Centre (TJRC)/World Vision Advocacy Forum (WVAF) for the topic “The Role of Human Rights Defenders in the Transitional Justice Process”. The paper briefly highlights the issues of human rights defenders in the transitional justice process and some areas that Human Rights Defenders (HRDs) required to strategize their efforts in ending it.

2. Context and Background

Nepal is undergoing transitional justice period after signing of Comprehensive Peace Accord. The peace accord and 12 point program have included principles of Human Rights as guiding principle to solve past problems and to formulate future plan.

All initiatives including identification of combatants were taken in close cooperation and participation of UNMIN and OHCHR. Hence value of Human Rights principles seems to be well taken into consideration. Interim constitution of Nepal adheres to the principles of Human Rights. It has promoted NHRC as a constitutional body having access to the law making process.

3. Role of HRDs in Nepal

The role of human rights defenders and national human rights institutions in promotion and protection of human rights has been recognized worldwide. The UN Declaration on human rights defenders confirms the rights of everyone, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels. HRDs in Nepal work on a range of issues, and many are involved in monitoring and investigation including pressure the authorities to investigate alleged human rights violations committed by state as well as non-state actors including criminal groups. These activities include monitoring conditions in jails, investigating killings and “disappearances”, investigating reported cases of rape, and cases of intimidation and torture.

Defenders have also taken the role of negotiators in situations of abductions and arrests. In addition defenders advocate and promote human rights nationally and internationally, through educational activities, peaceful demonstrations, legal work and peaceful campaigns for civil disobedience. In general, most NGOs in Nepal focus on development activities or actions that mitigate the effect of human rights violations, such as rehabilitation for victims

4. Challenges to the HRDs

Human Rights defenders were at the forefront during the conflict period to oppose violation of Human Rights and Humanitarian law by both parties. Their role was of watch dog, monitor and advocates of people’s fundamental rights, democracy and rule of law.

Both the conflicting parties had expressed their principled stand to respect and protect Human Rights in all circumstances. Nepal is the party to major Human Rights conventions which specifically protects civilians’ rights during all kind of political course and conflict situation.

·         Human Rights principles do not have tolerance to violence and injustice. No person should be convicted without due process of law. There is the theory of innocence and procedural rules for implicating.
·         State is mandated to protect dignity, freedom and life of every citizen. Non-state parties are also equally accountable during conflicting in view of Human Rights principles, Rule of War and virtue of Humanity.
·         Rule of law indicates the process, Content and Compliance of the law with international Human Rights law in all circumstances. That is the reason that while declaring state of emergency the state needs to inform UN their motive, plan and necessary protection mechanism.
·         UN and international principles have outlined the theory of reparation. This includes Satisfaction, Feeling of Justice, Compensation, and Rehabilitation, Restitution and confidence and belief of non-repetition of the past atrocities.
·         Causes of conflict have been found in social discrimination, political suppression and economic deprivation. These problems need to be solved from the Rights Based Approach. And Rights Based Approach is defined in the Human Rights Principles. Human Rights Conventions have covered various aspects and sectors; Gender, Cast, Children, Migrants, and Refugee. Core conventions; ICCPR and ESCR have established guideline and norms for programmatic solution to the Political and Social problem.

5. Conclusion
Human Rights Defenders are the persons engaging voluntarily for the protection and promotion of peoples Human Rights in all aspect of their life. They use their influence, wisdom and access for the benefit of citizen without any kind of discrimination. They engage with courage and expose truthfully. They are the believers and practitioners of rule of law. They represent the needy persons. They monitor responsible persons and organizations and encourage, comment and support protective mechanisms. Human Rights Defenders believe that Human Rights are always Inalienable, Indivisible, Interdependent and Interrelated.

During the course of Conflict Transformation we have experienced that some principles are negotiated and compromised. Human Rights Defenders’ role and duty is to examine properly that impunity should not be compromised. Culture of violence should not be established and Victim’s satisfaction and dignity should be upheld in all circumstances. Conflict always leaves multiple impacts on the life and culture of the people. There are several kinds of effects and needs various kind of treatment but it is not like prescribing medicine based on exact pathological finding. As the matter is related with persons, the psychological, cultural and inherited complexities are to be carefully examined. Two points are the core of solving the issue; Exclusion and Discrimination. No party should bear the feeling that they have been excluded and or discriminated.

Political compromise and misinterpretation of Agreements, Laws and procedures have been the challenge during reconciliation process. Rehabilitation and Compensation is usually misused by the political actors to compromise and forgive the perpetrators. Reparation is partially defined or implemented in parts. Restitution is delayed or defined in vague political terminology. International communities are more concerned on the economic development and their intrusion in the new state structure to benefit their economic and strategic interest.

During the course of peace process unprecedented developments can emerge as the vicious challenge. Racial, Religious and Sectoral divisive agenda may be provoked by the players of political motive to gain political predominance. Human Rights Defenders who believe in Equality, Equity, and Affirmative plan of development need courage, wisdom and patience to aware general people on the basis of Humanity and Human Rights based principles of development; e.g. Human Development Report, Judicial precedence, Nation’s International Commitments and commitments of the political actors.

Thanks for careful serenity and expect insight query which will expand my understanding on the topics.


For more information please contact



Informal Sector Service Centre (INSEC)
Kalanki, Syuchatar
P.O. Box 2726, Kathmandu, Nepal
Tel: +977-1-4278770 Fax: +977-1-4270551



[1] Paper presented at the Transitional Justice Resource Centre (TJRC)/World Vision Advocacy Forum (WVAF) on Sept 12th 2012 on the topic ‘”The Role of Human Rights Defenders in the Transitional Justice Process"

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