Amnesty International Nepal and JuRI-Nepal jointly organised an expert consultation meeting on impunity challenges in tackling rape crimes in Nepal on 9 May in Kathmandu. Rights activists from different organisations shared the problems and challenges being faced with regard to the access to justice for victims of rape and sexual violence in Nepal. Advocate Jyoti Paudel Lamsal and Amnesty International South Asia Researcher Raju Chapagain made brief presentations to provide a basis for the expert consultation.
Advocate Lamsal shed light on the slight improvement on the current provisions on rape in the Criminal Code as compared to the provisions in the earlier Country Code which had a narrow definition of rape and only 35 days of statutory limitation to file a complaint. The current law provides for a broader definition of rape, more stringent punishment, and a year’s limitation to file complaints. However, the existing socio-economic conditions including issues related to social stigma, victims’ protection, among others, make it very difficult for victims to access justice.
Raju Chapagain shared that it has been a long battle in the struggle for justice to victims of rape in Nepal as the provision of statutory limitations seemed to have been consciously carried over as a “burden” over generations. Prevalence of the 35 days’ statutory limitation in the past in fact had accorded lesser statutory protection to women than even to animals. Though it has now been extended to one year limitation period, it continues to pose a barrier to access justice by victims of rape, in particular, victims of child rape. He therefore observed that advocacy now should be geared towards removing the existing barrier of statutory limitation to access justice. He highlighted that a number of Supreme Court orders and the international human rights treaties to which Nepal is party to obligate Nepal to effectively combat impunity in the context of rape. Also of critical importance for Nepal is the international attention, including those of UPR and CEDAW recommendations and the views of the Special Rapporteurs – on cases of rape including those that were committed during the armed conflict in Nepal.
Participants broadly agreed that the restrictive statutory limitation on rape law is a critical challenge and should be immediately removed through amendment. They also highlighted the need of a holistic approach including the compensatory and reparative measures to the victims including of psychosocial care aimed at restoring the dignity of the victims.
Nirajan Thapaliya, Director of Amnesty International Nepal, shared that Amnesty Nepal collected over 23,000 petitions in Amnesty International’s 2018 Write for Rights campaign that ran for about 20 days in November and December calling for the government to take measures to address widespread violence against women, end impunity thereto and take initiatives to amend the rape laws to remove the statutory limitations to file complaints. Those petitions were later submitted to the Home Ministry.
It was agreed to continue the dialogue and chart a common submission paper to the government calling for a comprehensive reform on the rape law including the removal of statutory limitations to file complaints.