After more than a decade of internal conflict, characterized by widespread torture and extrajudicial killings, the Himalayan nation of Nepal finally emerged as a democratic republic in 2008. The country’s tumultuous conflict was brought to a formal end by the ratification of a 2006 peace agreement between insurgent groups and the government. Yet, human rights abuses are still commonplace. While these abuses are widespread across the country, cases continue to be especially prevalent in Terai, a region in southern Nepal, where the government has dispatched large numbers of police in response to unrest.
The American Bar Association Rule of Law Initiative’s (ABA ROLI) work in Nepal contributed to the country’s transition to a secular republic by engaging with citizens and raising awareness of rule of law-related issues. Through a civic education program, ABA ROLI strived to build informed citizen networks at the community level. ABA ROLI also engaged in broad-based public awareness campaigns to ensure that grassroots participation is an integral component of the reform process, particularly the Constitutional Assembly (CA) elections and constitution-drafting process. ABA ROLI programs took steps to inform the CA about social and gender inclusion, judicial independence, equal protection, and other international norms that should be considered during the constitution-writing process.
In 2010, with assistance from the Open Society Institute, ABA ROLI advised Nepal’s interim legislature in crafting judiciary provisions for a new national constitution. The consultancy consisted of both one-on-one discussions with the most influential drafters and with advocates. We also conducted a series of presentations to key constituencies on such central issues as the merits of a constitutional court, as well as judicial independence and accountability.
From 2014-2015, ABA ROLI implemented a program that fostered accountability for human rights abuses in Terai. ABA ROLI worked with grassroots civil society organizations to create a sustainable network of local human rights defenders to accurately identify and document human rights abuses in the region. Additionally, ABA ROLI worked with local doctors and medical professionals to accurately record medical evidence of torture.