Gender equality, development, and transitional justice: The case of Nepal.

Source: (2008) The International Journal of Transitional Justice. 2:356–377.

The strong links between transitional justice, development and gender equality have been
overlooked and underdeveloped in both theory and practice. Transitions are rare periods
of rupture that offer opportunities to reconceive the social meaning of past conflicts
in an attempt to reconstruct their present and future effects. The peace-building initiatives
unfolding in Nepal encourage a timely examination of the application of the right
to development to transitional justice mechanisms. This right embodies much more than
economic growth; it is a human rights-based process that aims to empower marginalized
groups. In Nepal, this must include women, who not only bore the brunt of the conflict
but also continue to suffer systematic discrimination. Many of Nepali women’s preexisting
problems stem directly from inequality and underdevelopment. This article suggests that
transitional justice should go beyond retributive and restorative approaches to consider
the economic, social and cultural inequalities that fuel conflicts while setting the foundation
for a permanent rights-based development programme that ensures the viability of
women’s rights in the future. A redistributive approach to transitional justice based on
the legal and political process of the right to development is crucial to achieving gender
equality in Nepal and avoiding renewed cycles of violence.(author’s abstract)