Nepal delays UN rapporteur visit again amid stalled justice appointments

A planned visit by a UN rapporteur on transitional justice to Nepal has been postponed for the third time, casting further doubt on the country's commitment to addressing human rights violations from its 1996-2006 Maoist insurgency. Bernard Duhaime, the UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, is still awaiting a formal response from Kathmandu regarding his proposed visit in November.

Duhaime was initially scheduled to visit in March, but the dates coincided with Nepal's general elections. The visit was rescheduled for June, but the government abruptly canceled it in early May. This cancellation followed the dismissal of office-bearers from the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons. The government informed Duhaime that a visit would only be possible after September.

In response, Duhaime proposed new dates for November 17 to 27. However, three months later, he has yet to receive a formal reply from the Nepal government. "No formal response from the Nepal government has been received so far," Duhaime stated in an email. The rapporteur's visit aims to evaluate Nepal's efforts in truth-telling, justice, reparations, and ensuring non-recurrence of violations.

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No formal response from the Nepal government has been received so far.

The Balendra Shah administration's justification for canceling the June visit was the vacant leadership of the transitional justice bodies. Yet, the appointment process for these crucial commissions has not even begun. Past appointments suggest this process could take around six months, making it unlikely that new leaders will be in place before Duhaime's proposed November visit. The government itself has offered no clear timeline for when the visit might be permitted.

"We believe his visit would be effective after the appointments in the commissions," said Ramji Danai, chief of the Human Rights Division at the Prime Minister’s Office, but he could not provide a specific date. This latest uncertainty is part of a broader pattern of Nepal delaying access for UN human rights experts. Requests from various UN experts and working groups to visit Nepal have been pending since 2019, with the government only agreeing to Duhaime's visit last year after years of holding such requests. The government's hesitant stance on the special rapporteur's visit occurs as Nepal vies for a third term on the UN Human Rights Council.

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We believe his visit would be effective after the appointments in the commissions.