The information below is based on the Report of the Secretary-General to the Security Council (S/2019/280) issued on 29 March 2019.

Since the signing of the Comprehensive Peace Agreement in November 2006, survivors of conflict-related sexual violence perpetrated during the course of the armed conflict between the State Party and the then-Communist Party of Nepal (Maoist) continue to face barriers in gaining access to services, justice and reparations. The lack of a conducive environment for reporting means female survivors of sexual violence still do not speak about the violence they endured. Victims face legal, social, economic, health-related and psychological challenges, living in constant fear of ostracization.

While the Government is considering extending the reparations scheme to victims of conflict-related sexual violence, progress has been slow and there are insufficient opportunities for victims to receive the full range of sexual and reproductive health, mental health, legal aid and livelihood support. Since its establishment in 2015, the Truth and Reconciliation Commission has received over 63,000 complaints, and the Commission of Investigation on Enforced Disappeared Persons has received 3,197 complaints. The Truth and Reconciliation Commission has registered 308 cases of conflict-related sexual violence perpetrated both by the security forces and the then Maoist rebels. It is highly probable that additional cases were reported as torture, owing to stigma associated with sexual violence. Furthermore, the access of female victims to the complaint system has been restricted by the lack of information and the absence of outreach programmes by the Commissions.

The Government has demonstrated its commitment to gender-responsive peacebuilding by drafting a comprehensive bill to amend the Enforced Disappearances Enquiry, Truth and Reconciliation Act. The draft bill, made public in June 2018, contains several progressive provisions, recognizing victims’ rights to reparations, eliminating the statute of limitations for sexual violence and torture cases and unconditionally restricting the powers of the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons to recommend amnesties for gross violations of human rights, including torture, rape and other acts of sexual violence.

Recommendation

I urge the Government to expedite the revision and adoption of the bill to amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, in line with its obligations under international law. I also call for a guarantee of interim relief and full reparations for victims of conflict-related sexual violence, including health services, psychosocial counselling, livelihood support and adequate compensation. I urge the expeditious adoption of the second national action plan for the implementation of Security Council resolutions 1325 (2000) and 1820 (2008) on women and peace and security, and with guarantees for its effective and well-resourced implementation, along with comprehensive monitoring.

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