Resource Library

As attested by the arrest on January 3, 2013 in the United Kingdom of Kumar Lama, a Nepali Army Colonel suspected of torture, the government of Nepal’s failure to pursue truth and accountability for conflict-era violations can have serious consequences. Rather than resisting UK efforts to implement its obligations under international law, the Nepali government should develop a full transitional justice programme and redouble its efforts to provide truth, justice and reparations inside the country.

The first piece in of our "Transitional Justice and Education" series examines the role of school systems in Bosnia and Northern Ireland.

Enforced disappearances are among the cruelest of crimes. To the kidnapping, torture, and in many cases, murder of the victim, perpetrators intentionally create fear and uncertainty about the fate of the missing person. Although men are predominantly targeted, the impact on women is severe and lasting.

On International Children’s Day, ICTJ reaffirms the importance of an active role of children and youth in transitional justice processes, such as truth-seeking, criminal accountability, and reparations programs. In the aftermath of societal upheaval, the voices of children and youth are often absent from peace negotiations and subsequent transitional processes. Though children and youth must be able to receive adequate care and necessary rehabilitation, they must not be regarded only as victims of massive human rights abuses: they are rights-bearing members of a society trying to confront the past, and active participants in the process of social change aiming for a new future. It is in the best interest of children and youth, as well as the societies in which they live, to participate in transitional justice processes, devised to reestablish rule of law and civic trust in the societies to which they belong.

Thembi Nkadimeng, the sister of disappeared anti-apartheid activist Nokuthula Simelane today filed an application before the Pretoria High Court compelling the National Director of Public Prosecutions and the Minister of Justice to refer the kidnapping, torture, disappearance and murder of Nokuthula Simelane to a formal inquest. This case is aimed at bringing closure to the 32 year old abduction, torture and enforced disappearance of Nokuthula Simelane.

Victims in Nepal have been calling on the government for public consultation to ensure wider discussion, a process that would allow them to share their expectations, help them to comprehend the dense language of the proposed amendments and its many gaps. They needed to understand the dubious phrasing especially on issues of criminal accountability that created suspicion, instead of trust and legitimacy in the process.

Five years since the end of Nepal's brutal civil war, victims are losing patience waiting for truth, justice, and reparation. Last year ICTJ completed a six month research project to analyze the effects of the the government's Interim Relief Program and determine the steps still required for Nepal to fulfill its obligation to provide reparations to victims. The findings have been published in a report titled “ From Relief to Reparations: Listening to the Voices of Victims .”

A major new report from ICTJ canvasses 31 countries to see how the crime of enforced disappearance affects women, as both the disappeared and the female relatives of the disappeared. It finds that across cultures, women face serious barriers to seeking relief due to discriminatory laws and practices.

Understanding education as a form of both reconstruction and reparations is essential for societies in their efforts to address victims’ rights and help victims and their families overcome the consequences of a painful past.

ICTJ and the Human Rights and Atrocity Prevention Clinic at Benjamin N. Cardozo School of Law are pleased to announce a strategic research partnership to examine international law and practice regarding enforced disappearance and the missing.