Interaction Program to address issues of female survivors of conflict and their access to Justice

28 Feb 2021

The state went through the armed conflict for a decade. There were severe crimes and violations of human rights during the period that the state has yet to address. Women and adolescent girls fall under the positively affected group suffering from acute torture, including sexual violence. 

Eight years after the Maoists and the government signed the Comprehensive Peace Agreement (CPA), a Truth and Reconciliation Commission (TRC) was formed in 2015 to investigate human rights violations and crimes against humanity and to create an enabling environment for social reconciliation. However, female survivors of the conflict are still deprived of justice, reparation, and reintegration into the community, while TRC has completely failed to take challenges faced by female surviors of sexual violence into consideration. 

Thus, to address female survivors' issues and to make the TRC accountable for transitional Justice, WOREC and the National Network of conflict survivors convened a physical interaction program on 28th February at the Truth and Reconciliation Commission office. 

The program featured Ganesh Dutta Bhatta, Chairperson of TRC, Udaya Raj Sapkota, Secretary of TRC, Parmeshwor Parajuli, Advocate at TRC, Lubha Raj Neupane, Executive Director of WOREC, along with other members of TRC and representatives from Sahaj Network, National Network of Conflict survivors, which consists of 161 female survivors of conflict from districts such as Dang, Kailali and Rukum.

In the interaction program, female survivors of conflict Kabita Khadka, Parbati Buddha, Soniya Chaudhary along with other female survivors of conflicts from Khara of Rukum district and Gauriganga municipality of Kailali district shared challenges that they are facing with the representatives of TRC.

Soniya Chaudhary, the chairperson of Sahaj Network, highlighted the gruesome reality of the majority of female survivors of sexual and other forms of violence committed during the conflict, who are not only battling with their emotional trauma but are also facing financial burden and social stigma in the absence of proper mechanism that addresses transitional Justice including sexual violence.

"A female survivors of sexual violence face social stigma and rejection from their families and communities. As a result, many suffer in silence. Those, who have filed a report on sexual violence, have neither received any financial support from the government nor they have access to Justice. Instead, they have been outcast in society," said Chaudhary. 

Chaudhary also expressed the Network's concern regarding the distribution of identity cards by TRC for identified conflict survivors. "For survivors of conflict to file a complaint, they need to submit copies of evidence which is impossible in the case of sexual violence. Thus, TRC and government should come up with different provisions to address the issue of female survivors of sexual violence concerning access to identity cards," said Chaudhary. 

In the program, Chaudhary presented a demand letter to the chair. The 11 point demands of conflict survivors listed in the demand letter are as follows:-

1. We were compelled to face sexual violence by both the state and non-state actors during the conflict, and the government has suppressed our voices at the time of transitional Justice. Thus, we draw attention to the concerned authority to guarantee our rights and social justice.
2. The definition of conflict survivors given by the Government of Nepal does not include the victims that faced physical, mental and sexual torture. Thus, there should be a re-definition of conflict survivors.
3. The proper investigation of the violence we faced should be done. The special program for our economic empowerment and social justice should be assured based on the depth of violence we suffered from.
4. An enabling environment should be created in such a way that we, the survivors, can live a dignified life with a full sense of self-respect and well-being.
5. There should be removing an age limit for free education and scholarships for the children of conflict-affected families. Certain reservations should be there for conflict-affected families in job opportunities in the public sector.
6. Psycho-social counselling, including a women's health counselling centre, should be established in each ward to address the conflict survivors' mental and physical illness.
7. Various forms of skill development training should be conducted at local and provincial levels for our sustainable livelihood. Economic opportunities and employment should be generated for the women survivors of sexual violence. Similarly, the government must assure interest-free loan to develop women entrepreneurship.
8. The government should ensure that the children born of rape can easily obtain a birth certificate and citizenship and the right to education and employment opportunities.
9. The government should take responsibility for the reparation as per international standard and fulfil the basic needs such as health, livelihood and education to those who lost their family members (including handicaps, children and elderly people).
10. The cases registered in the Truth and Reconciliation Commission, Commission for the Investigation for Enforced Disappeared Person (CIEDP) AND Peace Committee should be addressed as soon as possible. The behaviour of bureaucrats involved in these agencies should be made public friendly.
11. The provincial government should instruct all of its staff members to treat the conflict-affected survivors with respect. In addition, policy arrangements should be made for the relief programs for the conflict-affected survivors.

The members of the TRC showed their great concern towards this issue and positive response to the Network's demands. Chairperson of TRC Ganesh Dutta Bhatta said that the TRC is working closely with the provincial government and is preparing the plans and policies for the Justice and reparation of female survivors of conflict.