Transitional justice in absent political transitions: a case study of Nepal

Abstract

Transitional justice, as a normative framework for post-conflict societies, is increasingly beingapplied to situations that differ from the traditional transitions from authoritarianism to democracy.Transitional theory presents the transitional goals of peace and democracy as universal and apolitical.However, these goals are deeply influenced by a Western liberal approach that might not work inpost-conflict societies that hold other values. This thesis meets these twin research aims through anextensive study of the transitional process in Nepal.The approach taken in the research is based on interviews with prominent actors representing thenational and international community as well as comparative analysis of legal, political and historicalliterature. The perspectives presented in this analysis are through the lens of a foreign observer. The main conclusion drawn from this research are: the shortcomings that the liberal approach totransitional justice has in absent political transitions and the instrumentalisation of the transitionalprocess by political elites in order to serve their national agendas. Accordingly, this thesis argues forthe amendment of the necessary transitional laws and national legislation that allows for ameaningful transition that meets not only the rights of victims but the pressing needs of historicallymarginalised groups.