What Constitution? Nepal's Experience in Post-Conflict Reconstruction

What Constitution? Nepal's Experience in Post-Conflict Reconstruction
Author: Ryan Suto
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

Constitution building, and especially creating electoral structures within constitutions, is the most important institutional and legal process within post-conflict reconstruction. The determinations made during this process shape how the society functions and how politics itself occurs in the future of the society. This paper will investigate the role of constitution building in post-conflict Nepal. Specifically, the paper will focus on electoral design within post-conflict constitutions. First, constitutions generally are discussed and next post-conflict constitution building. After that, the nature of electoral design will be discussed. Best practices of constitution building will be offered. Second, a short background of Nepal will be give. The 2007 interim constitution and the 2008 election results will be discussed.

Epicentre to Aftermath

Epicentre to Aftermath
Author: Michael Hutt
Publisher: Cambridge University Press
Total Pages: 483
Release: 2021-09-30
Genre: History
ISBN: 1108834051

Analyses the impact of the 2015 Nepal earthquakes and the need to understand disasters in their cultural and political context.

Women, Peace and Security in Nepal

Women, Peace and Security in Nepal
Author: Åshild Kolås
Publisher: Routledge
Total Pages: 103
Release: 2017-07-06
Genre: Political Science
ISBN: 1351657429

This book sheds new light on the important but diverse roles of women in the civil war in Nepal (1996-2006), and the post-conflict reconstruction period (2006-2016). Engaging critically with the women, peace and security literature, Women, Peace and Security in Nepal questions the potential of peace processes to become a window of opportunity for women’s empowerment, while insisting on the vital importance of a gender perspective in the study of conflict, security and peace. After the signing of the 2006 Comprehensive Peace Accord, Nepal experienced a huge leap in women’s political representation in the subsequent Constituent Assembly, often portrayed as a landmark victory for women’s empowerment in the context of South Asia. Nepali women’s mobilization played a key role in this success story, though similar mobilization has failed to produce the same outcomes elsewhere in South Asia. How does Nepal differ from the other cases? Presenting studies of war-time and post-conflict Nepal through a gender lens, this book critically assesses the argument that war and peacebuilding can add momentum to the transformation of gender roles. Contributing new knowledge on women’s disempowerment and empowerment in conflict and peacebuilding, the book also offers insights for contemporary debate on gender and political change in conflict-affected societies. This book will be of great interest to students of peace and conflict studies, gender security, South Asia and international relations in general, as well as policy-makers and NGOs.

Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity

Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity
Author: Carla Ferstman
Publisher: BRILL
Total Pages: 585
Release: 2009
Genre: Law
ISBN: 9004174494

This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.

No Law, No Justice, No State for Victims

No Law, No Justice, No State for Victims
Author:
Publisher:
Total Pages: 88
Release: 2020
Genre: Human rights
ISBN: 9781623138783

It has been 14 years since the armed conflict between Maoist insurgents and government forces ended in Nepal. Tens of thousands became victims of enforced disappearances, torture, rape, and unlawful killings in the decade of fighting between 1996 and 2006. They are still waiting for truth and justice. There have been hardly any successful prosecutions since the end of the conflict for severe violations. Resistance to address past abuses has entrenched impunity in the present and, combined with a failure to ensure security sector reform, has led to repeated lack of punishment in cases of serious human rights violations which still occur in Nepal. In a mounting number of alleged extrajudicial killings by the police, custodial deaths allegedly resulting from torture, and shootings of unarmed protesters in recent years, the authorities refused to take action despite strong evidence. We conclude that failure to provide justice for past crimes creates direct and tangible harms in the present: families who lost loved ones years ago continue to seek justice and are forced to live without closure. And as new cases of abuse by the police show, impunity for past crimes means that unaccountable and abusive individuals and institutions continue to claim new victims in post-conflict Nepal.

Social Transformation in Post-conflict Nepal

Social Transformation in Post-conflict Nepal
Author: Punam Yadav
Publisher: Routledge
Total Pages: 199
Release: 2016-04-28
Genre: Social Science
ISBN: 1317353900

The concept of social transformation has been increasingly used to study significant political, socio-economic and cultural changes affected by individuals and groups. This book uses a novel approach from the gender perspective and from bottom up to analyse social transformation in Nepal, a country with a complex traditional structure of caste, class, ethnicity, religion and regional locality and the experience of the ten-year of People’s War (1996-2006). Through extensive interviews with women in post-conflict Nepal, this book analyses the intended and unintended impacts of conflict and traces the transformations in women’s understandings of themselves and their positions in public life. It raises important questions for the international community about the inevitable victimization of women during mass violence, but it also identifies positive impacts of armed conflict. The book also discusses how the Maoist insurgency had empowering effects on women. The first study to provide empirical evidence on the relationship between armed conflict and social transformation from gender’s perspectives, this book is a major contribution to the field of transitional justice and peacebuilding in post-armed-conflict Nepal. It is of interest to academics researching South Asia, Gender, Peace and Conflict Studies and Development Studies.

Unstable Constitutionalism

Unstable Constitutionalism
Author: Mark Tushnet
Publisher: Cambridge University Press
Total Pages: 415
Release: 2015-09-17
Genre: Law
ISBN: 1107068959

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

World Development Report 2011

World Development Report 2011
Author: World Bank
Publisher: World Bank Publications
Total Pages: 417
Release: 2011-05-01
Genre: Business & Economics
ISBN: 0821384406

The 2011 WDR on Conflict, Security and Development underlines the devastating impact of persistent conflict on a country or region's development prospects - noting that the 1.5 billion people living in conflict-affected areas are twice as likely to be in poverty. Its goal is to contribute concrete, practical suggestions on conflict and fragility.