Shuyuan Zhang


Shuyuan Zhang

Shuyuan is a PhD researcher at the Maastricht Centre for Human Rights, Faculty of Law, Maastricht University, and a member of the Netherlands Network for Human Rights Researchers. In addition to her legal background, she developed expertise in quantitative policy analysis through the Evidence-Based Policy Research Methods programme at UNU-MERIT. Her commitment to human rights law was deepened through an internship at Love Save Pneumoconiosis, where she conducted field research on occupational health and workers’ rights in China. As a Peace Fellow, Shuyuan will support Ram and his organization, NEFAD, on transitional justice initiatives through the Advocacy Project this summer.



Critical Reflections (2): Persistent Gaps in Nepal’s Transitional Justice Process

16 Jun

A genuinely victim-centered transitional justice process in Nepal must address several interconnected and often underexplored dimensions. Although many of these concerns have been repeatedly raised by national and international actors alike, they continue to demand deeper engagement, sustained research, and stronger political will. These areas of concern are grounded in international legal standards and informed by practice in Nepal, though they are also common to many transitional justice contexts. Paying closer attention to these issues in Nepal not only promises a more just and inclusive process but may also contribute to global best practices.

  1. Gender Perspective

Women and girls experienced unique forms of harm during the conflict, including sexual violence, displacement, and stigmatization. A gender-sensitive approach must go beyond formal inclusion to actively prioritize the needs of female survivors and women-led households, particularly widows and single mothers. However, victims of sexual violence were not adequately recognized by Nepal’s transitional justice framework for many years. Despite both international and domestic advocacy, such violations were often excluded from official narratives. The institutional mechanisms, including the Truth and Reconciliation Commission (TRC), initially failed to provide dedicated procedures or support systems for these survivors.

  1. Historically Marginalized Groups

Indigenous peoples, Dalits, Madhesi communities, and other marginalized populations not only suffered disproportionately during the conflict but also continue to face entrenched discrimination. Transitional justice must confront both conflict-era abuses and the structural inequalities that predate and persist beyond them. However, much of the attention and reporting has been centered on Kathmandu, which does not fully reflect the experiences and needs of these historically marginalized groups. Moreover, different communities have distinct social, cultural, and political contexts, which shape their experiences of both harm and justice. These differences require more nuanced, community-specific research and engagement to ensure that transitional justice mechanisms are truly inclusive and responsive.

  1. Economic, Social and Cultural Rights (ESC Rights)

Justice must not be confined to courts, commissions, or legal remedies alone. Reparation must also involve long-term support for education, healthcare, housing, and livelihood opportunities—especially in rural and conflict-affected areas where survivors remain vulnerable and underserved. However, traditional approaches to transitional justice have largely focused on civil and political (CP) rights, often sidelining the everyday socio-economic struggles faced by victims. While CP rights are of course essential, survivors must also be able to rebuild their lives. Access to housing, food, education, and healthcare all requires resources—and in many cases, the family breadwinners were killed or disappeared during the conflict. Transitional justice, therefore, cannot be viewed solely through a CP rights lens. It is equally a matter of ESC rights, and more broadly, one of development justice. In this context, the Sustainable Development Goals’ commitment that “no one will be left behind” becomes not only relevant, but urgent.

  1. Transdisciplinary Approach

Achieving meaningful justice in Nepal requires collaboration across multiple disciplines—legal, psychological, anthropological, and developmental. VMs have already demonstrated this in practice, combining legal advocacy with psychosocial support, community mobilization, and peacebuilding initiatives. Transitional justice is, by its nature, a long-term process. While it addresses violations of rights, it also responds to the psychological trauma and social fragmentation left in the wake of conflict. A transdisciplinary approach is essential to ensure that transitional justice is not only legally sound, but also socially transformative and responsive to the holistic needs of survivors.

To conclude, Nepal’s transitional justice journey illustrates that justice is a long-term process shaped by power dynamics, social conditions, and the persistent efforts of those most affected by conflict. In this landscape, civil society organizations have emerged as a vital force—sustaining momentum when institutions falter and ensuring that justice is defined not only in legal terms, but in human ones. The work is ongoing, and much still needs to be done to make the process more inclusive, accountable, and responsive to the lived realities of survivors.

 

Posted By Shuyuan Zhang

Posted Jun 16th, 2025

3 Comments

  • Aaron Bailey

    June 20, 2025

     

    So thorough. Is this the background section to your dissertation?

    • Shuyuan Zhang

      June 23, 2025

       

      Thanks, Aaron! Yes, that would be part of the background reflections, since these are often overlooked aspects.

  • Iain Guest

    June 23, 2025

     

    Really good blog Shuyuan, which once again shows your expertise. But these are gaps for a reason – that they are VERY difficult to integrate into a process that is always changing and evolving, as you write. Also, they can compete with other priorities and even with each other. For example, most of the affected families in central Nepal are from the Tharu minority, who have a different political agenda and needs from survivors. What happens when the two do not align and people need to make a choice? Finally, i want to ask you this: are you prepared to compromise in the interests of getting SOMETHING achieved? Many advocates are very intransigent and uncompromising – and this has caused a lot of problems for survivors, who have a very practical agenda.

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