Editorial
‘Second-class’ victims
The long indifference to the plight of victims of conflict-related sexual violence is unjustifiable.
Nepal has failed its women, particularly the survivors of conflict-related sexual violence (CSRV). The decade-long Maoist insurgency (1996-2006) was a nightmare for many women and young girls who were held captive for months and repeatedly raped, tortured, forced into marriage, enslaved and arbitrarily arrested by the military, police and the Maoists. Estimates suggest that the number of CRSVs could be up to 2,000, but only over 300 cases have been reported at the Truth and Reconciliation Commission.
The government, however, has been indifferent to their suffering and has yet to provide them with special programmes or relief. CSRV survivors are not fully recognised as conflict victims. After the Comprehensive Peace Accord in 2006, while other conflict victims received immediate interim relief under the 2008 Interim Relief Programme, the victims of sexual violence and torture were not covered. Successive federal, provincial and local governments have also invested billions in relief programmes for many other victims, but not in CRSV survivors. Even as some local governments have set aside budgets for conflict victims, including the CRSV, there’s no uniformity in relief distribution.
Such discrimination from the government is only adding to their woes. The physical and mental torture inflicted upon CRSV survivors during the insurgency era afflicts them even today, but helpful interventions are few and far between. They endure excessive pain and bleeding during periods, gynaecological problems, severe health complications, complex neurological problems, severe headaches, disorientation and post-traumatic stress disorder. For instance, among 38 conflict-era rape victims screened last year, 11 had cancer; in another 2023 test, 70 percent of the 127 victims had reproductive health-related problems. As a result, they cannot access jobs, enrol in or continue their education and support themselves and their families. Besides, most survivors are obliged to hide their plights even from their partners and families due to fear of stigmatisation, abuse and exclusion from society. Unfortunately, many families have broken, and relations have shattered.
Such systemic indifference stems from deep-rooted patriarchal traditions, including in state and government entities. The government couldn’t even ensure the bare minimum—maintaining confidentiality to help women file cases against the crimes they faced. Moreover, whenever sexual violence survivors tried to seek some support, they were asked to prove and recall how they were tortured and victimised. Such insensitive ways of collecting data and filing complaints, identifying and handling the survivors have only deterred them from speaking up and seeking justice and reparation, as highlighted by the International Commission of Jurists.
It also pointed to the lack of guaranteed privacy and gender-sensitive methods and procedures that discourage the survivors. Even as the government directed the local governments to collect the applications from CRSV survivors last year, rights advocates questioned the legality and confidentiality of the process. Many survivors, due to prolonged delays in relief, have given up any hope in the government.
Relief programmes like financial support, free health care, education opportunities, employment as well as an effective remedy, redress of the harms, compensation, detention of perpetrators, recognition as conflict victims, restitution, rehabilitation and non-repetition of heinous crimes—they are all rights established under international standards. There can be no justification for further denying these rights to the survivors of sexual violence. It is vital to heed their concerns and punish the perpetrators for their crimes. As important is creating a safe space where these survivors can thrive and live with dignity. After all, Nepal cannot conclude its transitional justice process while sidelining these suppressed voices that have long endured grave injustice in silence.