Nepal
Background of the conflict and use of sexual violence
The Nepalese Civil War, also referred to as the “People’s War”, occurred between 1996 and 2006 and was fought between the Communist Party of Nepal (CPN-M, or the “Maoist”) and the Government of Nepal. The protracted armed conflict began on February 13, 1996, when the CPN-M announced its intention to overthrow the Nepalese monarchy to establish a republican system. The decade of war involved large-scale violence that included sexual violence, summary executions, war crimes, kidnapping and abduction, massacres, and large-scale crimes against humanity.
The conflict ended with the signing of the Comprehensive Peace Agreement (CPA) in 2006, which led to the abolition of the monarchy and the establishment of a federal democratic republic in Nepal. The peace agreement also ensured that parties committed to establishing the truth and ensuring the victims received both justice and reparations.
Sexual violence in the armed conflict was deliberately deployed as a war tactic both to intimidate and threaten women and, by extension, their families and communities, and as punishment for either engaging in CPN-M activities (when carried out by the security sector) or for their nexus to the government and security sector (when carried out by the CPN-M cadres). Violations included rape, gang rape, forced marriage, forced nudity, sexual torture, and sexual slavery. Largely due to a culture of silence around sexual violence, the exact number of victims-survivors are unknown. As of 2022, 314 complaints had been filed with the Truth and Reconciliation Commission; however, government officials and civil society organisations estimate that between 1,500 to 5,000 women and girls were subjected to conflict-related sexual violence.
Women were arrested and detained arbitrarily, sometimes for years, and some were forced into sexual slavery. In some instances, women were forced to marry the men who raped them. Most incidents occurred in custody, although many were abused in their own homes or in public, usually at gunpoint. There are discernible patterns in the incidents of sexual violence, with security forces, in particular, targeting those living in poverty, indigenous peoples, and those believed to support the Maoists.
Response and Support to Survivors
Although the war ended 18 years ago, survivors continue to report devastating consequences of the harms suffered, including physical and psychological conditions, inability to support themselves and their children, and severe social stigmatisation. While the government of Nepal has set up an interim relief programme to compensate those whose family members were killed or forcibly disappeared in the war, it did not establish any mechanisms to support survivors of sexual violence and has so far failed to deliver on its promise to end impunity for the perpetrators and to bring justice and reparations for sexual violence victims.
Following the war, Nepal established two transitional justice bodies: the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons, both created under the transitional justice law of 2015. More than 300 cases of rape and sexual violence have been registered by the commission, but activists say the formal reports are a small fraction of the true total.
The debate on sexual violence has shifted in recent years through Devi Khadka and other Nepalese women’s fight for justice. Since 2021, politician and activist Khadka has travelled across the country listening to wartime rape survivors, forming a coalition of over 450 survivors across all seven provinces – the National Organisation of Wartime Rape Victims (NOWRV), later renamed the Aparajit Foundation. In March 2022, Khadka, together with a delegation of survivors, met with then Prime Minister Sher Bahadur Deuba and Maoist leader (and current Prime Minister) Prachanda and submitted a nine-point memorandum, which outlined the need to register more survivors, lift the statute of limitations, and provide interim relief.
As a result of this tireless advocacy, Nepal passed a new transitional justice law in August 2024, which, for the first time, provides some hope for thousands of survivors of wartime rape and serious sexual violence. The law categorises rape and serious sexual violence as “serious violations of human rights”. This classification is significant because serious violations are not eligible for amnesty, and cases of rape and serious sexual violence must be referred for prosecution in a special court. While many international human rights groups have welcomed and recognised long-awaited amendments to the existing law, they have also warned of serious accountability gaps that could undermine the transitional justice process.
National Networks
The Aparajit Foundation (previously known as the National Organisation of Wartime Rape Victims), was founded by Devi Khadka, a SEMA member. It is a survivor-led network that advocates for the rights and recognition of sexual violence survivors from Nepal’s civil war. At the age of 17, Devi was arrested by police, seeking information about her brother, a Maoist combatant. When she refused to cooperate, she endured violent assaults and repeated rape by officers. Despite the trauma, she emerged as a powerful advocate, uniting over 300 women from diverse regions and ethnic backgrounds to demand justice.
Soniya Chaudhary
Chairperson
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