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The official peace process has completed
its seven years, but still lags behind in its
commitment to establish sustainable peace
in the country. It should be acknowledged
that the political parties and the Government
had endorsed it and showed its commitments
by establishing Peace and Reconstruction
Ministry, Peace Trust Fund. Similarly, the
peace process had endorsed United Nations
Security Council Resolution 1325 and
developed the National Plan of Action which
was a positive step as it incorporated the
gender dimensions and women’s rights aspect.
The Comprehensive Peace Agreement with its
commitment aimed to establish a just society
through complete transformation of nation’s
social, economic, political and cultural
aspects brought enthusiasm and eagerness
to the Nepali people. Yet, the commitment of
political parties remains only on papers.
The situation has not changed despite the
Government’s National Action Plan on 1325
which was highly applauded by International
community. The NAP on 1325 still has a
long way to go before it gets applauded by all
the women of Nepal in general and directly
affected women in particular. Likewise, the
Truth and Reconciliation Commission and
Commission on Disappearance which were /
are part of transitional justice mechanisms and
commitment in CPA are still being debated.
Although, the Truth and Reconciliation
ordinance was passed its provisions clearly
shows that even if the commission gets
established, it will be difficult for the conflict
affected survivors to get justice. The provisions
propagate Impunity.
Duetothelackofpoliticalwillandinefficiency
of the political leaders the peace process has
been protracted and this has been taken as
an excuse to deny justice to those affected
by conflict. This applies to those affected in
the transitional period as well. As a result
at present country is going through pain of
Impunity.
Present situation:
Still after seven years of official beginning of
the peace process there are thousands of family
members waiting to know the whereabouts
of their loved ones and thousands others
who are still waiting for justice. Women
who suffered from direct violence and
discrimination before, during and
after conflict still have a long
way to go to get heard and
become visible.
Transitional Justice from
Women’s Perspectives
National Consultation 21st
September 2013
Concept
Paper
We heartily welcome everyone for the participation
in the National Consultation that intends to draft a
module addressing transitional justice issues from
women’s perspective.
Although some efforts have been made for
justice,thereisstillaneedforpropermonitoring
and analysis to ensure proper justice and
remedies for women. The perpetrators of war
crimes and violence are institutionalized as
today’s leaders, body guards and supporters;
jeopardizing the access to justice for the direct
and indirect victims of conflict and violence.
Insteadofhealingscars,woundshavedeepened
bypresentmodalityofjustice.Additionally,the
protracted transitional period and slackened
peace process perpetuated by weak and
unstable government is leading the country
towards organized crimes and increases VAW
and children. Within three month (Baisakh,
Jyestha and Ashadh, 2070), WOREC Nepal
documented 613 cases of violence on women1
.
Out of total, 279 cases were reported as
domestic violence (battered by husband and
in-laws, mental torture, abandoned from
home, verbal abuse and physical violence), 63
cases were reported as social violence (alleged
as witch, child marriage and verbal abuses),
149 cases were reported as rape (from intimate
partner, neighbors, teachers and others), 14
cases were reported as attempt to rape, 40 cases
were reported as killings, 10 cases reported as
attempt to murder, 35cases were reported as
sexual harassment, 9 cases reported as human
trafficking and 14 cases were reported as other
kinds (stranded, suicide and fraud) of violence.
In almost all cases justice is impossible to
achieve.
As the concept of justice is embedded
within discriminatory laws and structures,
and remains within the periphery of these
structures, women fail to get justice even after
thelegalremedy.Thereareanumberofcasesin
which the perpetrator gets punished legally but
women do not feel they received real justice.
Absence of victim protection mechanism and
victimcentricjusticesystemcompoundedwith
patriarchal values and understanding within
every system of governance makes women’s
life difficult. This situation requires national
level discussion with the affected people and
requires urgent attention to further discuss
what justice really means for women survivors
and how this can be achieved? Without this
the peace process can never get transformed
in sustainable peace.
The activities and works done in the past:
To address the situation, every year WOREC
Nepal draws attention to the issue related to
women during violent political conflict on
September 21st
, International peace day, with
an objective to advocate for justice. WOREC
Nepal considers this as a base for sustainable
peace in the country. The highlights of
WOREC’s issues of advocacy delivered
through events conducted in past four years
(2009-12) are:
	In 2009, WOREC, NAWHRD, AYON,
COCAP, Rastriya Mahila Uthan Sangh
jointly organized an interaction program
on International Peace Day - This year
it reviewed the peace process and listed
challenges related to this. Similarly, it listed
out the shortcomings of the peace process
and discussed them with leaders of all
political parties. Leaders of the political
parties made commitment to take note
of that and to improve on it.
	 In, 2010, an interaction program
entitled “Peace building
Process: Past, Present
and Future” in
presence of
“Transitional Justice from Women’s Perspective”
1 WOREC Nepal, 2013, August
http://www.worecnepal.org/monthly-report
2
Vice Speaker of Constitutional Assembly,
representatives of Civil Society and
different Human Right Organizations was
organized. Women affected by the conflict,
survivors of violence in transitional period
asked the questions, raised their voices
and demanded accountability to ensure
their rights from the government, political
parties and other stakeholders. The
discussion was focused on United Nations
Security Council Resolution 1325 and
obligation of the state. Leaders of political
parties and government authorities
committed to comply with the provisions
of 1325 expedite the peace process and
ensure women's participation in all steps.
Commitment to ensure justice for women
was very loud and clear.
	In 2011, WOREC Nepal organized a
National Level Public Hearing entitled
“Where is my dignity?” in presence of
leaders of major political parties, media
and representatives of civil society. Several
women directly affected by conflict shared
their stories and demanded accountability
from the top brass of the political parties.
Chairperson of CPN-Maoist Mr. Puspa
kamal Dahal, Chairperson of CPN-UML,
Mr. Jhal Nath Khanal, Madheshi Morcha
Mr. Upendra Yadav among others were
the guest of honor. They committed to
look at the issues and full fill the demands
of women within two months, but still
nothing has happened,. After the public
hearing 18 point demands to be addressed
by the government with immediate
plans and commitments was drafted and
submitted to the leaders and government
authorities.
	On 20th
September 2012, WOREC
Nepal along with other human right
organizations collaboratively organized
Peace Fair (Photo Exhibition, IEC fair,
Art Competition, Cultural Programs,
Documentary Screening and Book
Launching) in the form of Peace Exhibition
was organized at Khulla Manch with an
objective to publicized commitments of
political parties and implementation status
of those commitments.
	On 21st
September 2012, WOREC Nepal,
NAWHRD and APWLD jointly organized
a National Consultation on “Women’s
Right in Nepal: Rhetoric and Reality,
Challenges to Human Right, Peace,
Democracy and Development” with a
slogan “ Standing Together for Peace” in
presence of Ms. Kamala Chandrakirana,
working group member of women in
discrimination against women in law .
The day was followed by the “Solidarity
Mission” (22nd
September) in which Ms.
Heisoo Shin, UN socio economic right
committee member, APWLD members
from Asia pacific region jointly with
WOREC Nepal and MahilaEkataSamaj
visited forcibly evicted slums of Bagmati
River. A joint statement was issued and
presentedon23rdofSeptemberthroughan
“Interaction program with stakeholders
on “Interaction with Media & Dialogue
with stakeholders on the due processes and
standards of Eviction and Right to safe
housing”. During this, the issues related to
socio-economic challenges and securities
of Women Human Right Defenders
were highlighted nationally and
internationally. Inallabovelisted
activities, political parties
committed themselves
to peace process
and justice
“What is justice for women in today’s context?”
3
for women . Likewise, the Government
authorities committed to implement and
ensure justice but still those commitments
and have not been implemented and
women are still waiting to enjoy their
rights and access justice.
2013 Action:
Ascontinuumandreminder,thisyearWOREC
Nepal is organizing National Consultation
on “Transitional Justice from Women’s
Perspectives “on 21st
September 2013, to
advocate for Women Friendly transitional
justice mechanism. This consultation will be
conducted to highlight the issues on “what is
justice for women in today’s context?”
Program Objectives:
	To define Justice from women's perspective
and draft a module addressing transitional
justice issues from women’s perspectives.
Program Methodology:
	Program will be conducted in joint
collaboration of NAWHRD and WOREC
Nepal.
	Short video screening on “What is Justice
for Women?”
	“What is justice for women? What needs to
be done for women to make feel the justice?
What kind of environment is needed? How
the justice for the victims of violence again
women including conflict period can be
ensured? A survey conducted through
this questionnaire with women all over
the country will be shared and discussed
through a position paper developed.
	Five women representative will be sharing
their problems focusing on what justice
really mean for them?
	The National Consultation will be
conducted in the form of presentation,
interactions and interactive dialogues and
the issues and recommendation collected
from mass discussions will be presented in
presence of concerned stakeholders.
Participants:
	Women affected by conflict, women
human rights defenders and survivors of
violence.
	Representatives of Ministry of Women
Children and Social Welfare.
	National Human Right Commission and
National Women Commission.
	Representative from peace and
reconstruction Ministry
	UN agencies
	Bilateral agencies contributors to peace
trust fund.
	EU working group on Human right
defenders
	Politicalrepresentativesandrepresentatives
of CSOs.
	Media and concerned stakeholders.
Expected Outcome:
A draft on module addressing
transitional justice issues from
women’s perspectives
developed.
National Alliance of Women Human Rights Defenders
Tel: 977-01-5529841
Email: secretariat@nawhrd.org
Web: www.nawhrd.org
WOREC Nepal
Tel: 977-01-5006373, 01-2123124
Email: peace.center@worecnepal.org
Web: www.worecnepal.org
Organizers:
Registration Fee
Organization: Nrs. 1000/- | Individual: Nrs. 500/- | Students: Nrs. 300/-
4

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Transitional Justice from Women’s Perspectives

  • 1. The official peace process has completed its seven years, but still lags behind in its commitment to establish sustainable peace in the country. It should be acknowledged that the political parties and the Government had endorsed it and showed its commitments by establishing Peace and Reconstruction Ministry, Peace Trust Fund. Similarly, the peace process had endorsed United Nations Security Council Resolution 1325 and developed the National Plan of Action which was a positive step as it incorporated the gender dimensions and women’s rights aspect. The Comprehensive Peace Agreement with its commitment aimed to establish a just society through complete transformation of nation’s social, economic, political and cultural aspects brought enthusiasm and eagerness to the Nepali people. Yet, the commitment of political parties remains only on papers. The situation has not changed despite the Government’s National Action Plan on 1325 which was highly applauded by International community. The NAP on 1325 still has a long way to go before it gets applauded by all the women of Nepal in general and directly affected women in particular. Likewise, the Truth and Reconciliation Commission and Commission on Disappearance which were / are part of transitional justice mechanisms and commitment in CPA are still being debated. Although, the Truth and Reconciliation ordinance was passed its provisions clearly shows that even if the commission gets established, it will be difficult for the conflict affected survivors to get justice. The provisions propagate Impunity. Duetothelackofpoliticalwillandinefficiency of the political leaders the peace process has been protracted and this has been taken as an excuse to deny justice to those affected by conflict. This applies to those affected in the transitional period as well. As a result at present country is going through pain of Impunity. Present situation: Still after seven years of official beginning of the peace process there are thousands of family members waiting to know the whereabouts of their loved ones and thousands others who are still waiting for justice. Women who suffered from direct violence and discrimination before, during and after conflict still have a long way to go to get heard and become visible. Transitional Justice from Women’s Perspectives National Consultation 21st September 2013 Concept Paper We heartily welcome everyone for the participation in the National Consultation that intends to draft a module addressing transitional justice issues from women’s perspective.
  • 2. Although some efforts have been made for justice,thereisstillaneedforpropermonitoring and analysis to ensure proper justice and remedies for women. The perpetrators of war crimes and violence are institutionalized as today’s leaders, body guards and supporters; jeopardizing the access to justice for the direct and indirect victims of conflict and violence. Insteadofhealingscars,woundshavedeepened bypresentmodalityofjustice.Additionally,the protracted transitional period and slackened peace process perpetuated by weak and unstable government is leading the country towards organized crimes and increases VAW and children. Within three month (Baisakh, Jyestha and Ashadh, 2070), WOREC Nepal documented 613 cases of violence on women1 . Out of total, 279 cases were reported as domestic violence (battered by husband and in-laws, mental torture, abandoned from home, verbal abuse and physical violence), 63 cases were reported as social violence (alleged as witch, child marriage and verbal abuses), 149 cases were reported as rape (from intimate partner, neighbors, teachers and others), 14 cases were reported as attempt to rape, 40 cases were reported as killings, 10 cases reported as attempt to murder, 35cases were reported as sexual harassment, 9 cases reported as human trafficking and 14 cases were reported as other kinds (stranded, suicide and fraud) of violence. In almost all cases justice is impossible to achieve. As the concept of justice is embedded within discriminatory laws and structures, and remains within the periphery of these structures, women fail to get justice even after thelegalremedy.Thereareanumberofcasesin which the perpetrator gets punished legally but women do not feel they received real justice. Absence of victim protection mechanism and victimcentricjusticesystemcompoundedwith patriarchal values and understanding within every system of governance makes women’s life difficult. This situation requires national level discussion with the affected people and requires urgent attention to further discuss what justice really means for women survivors and how this can be achieved? Without this the peace process can never get transformed in sustainable peace. The activities and works done in the past: To address the situation, every year WOREC Nepal draws attention to the issue related to women during violent political conflict on September 21st , International peace day, with an objective to advocate for justice. WOREC Nepal considers this as a base for sustainable peace in the country. The highlights of WOREC’s issues of advocacy delivered through events conducted in past four years (2009-12) are:  In 2009, WOREC, NAWHRD, AYON, COCAP, Rastriya Mahila Uthan Sangh jointly organized an interaction program on International Peace Day - This year it reviewed the peace process and listed challenges related to this. Similarly, it listed out the shortcomings of the peace process and discussed them with leaders of all political parties. Leaders of the political parties made commitment to take note of that and to improve on it.  In, 2010, an interaction program entitled “Peace building Process: Past, Present and Future” in presence of “Transitional Justice from Women’s Perspective” 1 WOREC Nepal, 2013, August http://www.worecnepal.org/monthly-report 2
  • 3. Vice Speaker of Constitutional Assembly, representatives of Civil Society and different Human Right Organizations was organized. Women affected by the conflict, survivors of violence in transitional period asked the questions, raised their voices and demanded accountability to ensure their rights from the government, political parties and other stakeholders. The discussion was focused on United Nations Security Council Resolution 1325 and obligation of the state. Leaders of political parties and government authorities committed to comply with the provisions of 1325 expedite the peace process and ensure women's participation in all steps. Commitment to ensure justice for women was very loud and clear.  In 2011, WOREC Nepal organized a National Level Public Hearing entitled “Where is my dignity?” in presence of leaders of major political parties, media and representatives of civil society. Several women directly affected by conflict shared their stories and demanded accountability from the top brass of the political parties. Chairperson of CPN-Maoist Mr. Puspa kamal Dahal, Chairperson of CPN-UML, Mr. Jhal Nath Khanal, Madheshi Morcha Mr. Upendra Yadav among others were the guest of honor. They committed to look at the issues and full fill the demands of women within two months, but still nothing has happened,. After the public hearing 18 point demands to be addressed by the government with immediate plans and commitments was drafted and submitted to the leaders and government authorities.  On 20th September 2012, WOREC Nepal along with other human right organizations collaboratively organized Peace Fair (Photo Exhibition, IEC fair, Art Competition, Cultural Programs, Documentary Screening and Book Launching) in the form of Peace Exhibition was organized at Khulla Manch with an objective to publicized commitments of political parties and implementation status of those commitments.  On 21st September 2012, WOREC Nepal, NAWHRD and APWLD jointly organized a National Consultation on “Women’s Right in Nepal: Rhetoric and Reality, Challenges to Human Right, Peace, Democracy and Development” with a slogan “ Standing Together for Peace” in presence of Ms. Kamala Chandrakirana, working group member of women in discrimination against women in law . The day was followed by the “Solidarity Mission” (22nd September) in which Ms. Heisoo Shin, UN socio economic right committee member, APWLD members from Asia pacific region jointly with WOREC Nepal and MahilaEkataSamaj visited forcibly evicted slums of Bagmati River. A joint statement was issued and presentedon23rdofSeptemberthroughan “Interaction program with stakeholders on “Interaction with Media & Dialogue with stakeholders on the due processes and standards of Eviction and Right to safe housing”. During this, the issues related to socio-economic challenges and securities of Women Human Right Defenders were highlighted nationally and internationally. Inallabovelisted activities, political parties committed themselves to peace process and justice “What is justice for women in today’s context?” 3
  • 4. for women . Likewise, the Government authorities committed to implement and ensure justice but still those commitments and have not been implemented and women are still waiting to enjoy their rights and access justice. 2013 Action: Ascontinuumandreminder,thisyearWOREC Nepal is organizing National Consultation on “Transitional Justice from Women’s Perspectives “on 21st September 2013, to advocate for Women Friendly transitional justice mechanism. This consultation will be conducted to highlight the issues on “what is justice for women in today’s context?” Program Objectives:  To define Justice from women's perspective and draft a module addressing transitional justice issues from women’s perspectives. Program Methodology:  Program will be conducted in joint collaboration of NAWHRD and WOREC Nepal.  Short video screening on “What is Justice for Women?”  “What is justice for women? What needs to be done for women to make feel the justice? What kind of environment is needed? How the justice for the victims of violence again women including conflict period can be ensured? A survey conducted through this questionnaire with women all over the country will be shared and discussed through a position paper developed.  Five women representative will be sharing their problems focusing on what justice really mean for them?  The National Consultation will be conducted in the form of presentation, interactions and interactive dialogues and the issues and recommendation collected from mass discussions will be presented in presence of concerned stakeholders. Participants:  Women affected by conflict, women human rights defenders and survivors of violence.  Representatives of Ministry of Women Children and Social Welfare.  National Human Right Commission and National Women Commission.  Representative from peace and reconstruction Ministry  UN agencies  Bilateral agencies contributors to peace trust fund.  EU working group on Human right defenders  Politicalrepresentativesandrepresentatives of CSOs.  Media and concerned stakeholders. Expected Outcome: A draft on module addressing transitional justice issues from women’s perspectives developed. National Alliance of Women Human Rights Defenders Tel: 977-01-5529841 Email: secretariat@nawhrd.org Web: www.nawhrd.org WOREC Nepal Tel: 977-01-5006373, 01-2123124 Email: peace.center@worecnepal.org Web: www.worecnepal.org Organizers: Registration Fee Organization: Nrs. 1000/- | Individual: Nrs. 500/- | Students: Nrs. 300/- 4