English - Support to Participatory Constitution Building in Nepal ...

Reconciliation and reintegrationGovernment needs to adopt combination of these forms of justice topromote R&R.Transitional justice is one of the fundamental elements in securingfairness to conflict victims. It refers to a range of approaches that societyundertake to recon with legacies of wide spread or systematic humanrights abuse as they move from a period of violent conflict or oppressiontowards peace, democracy, the rule of law, and respect for individual andcollective rights. Truth seeking, prosecution, reparation and reconciliationare some of the major focus of transitional justice.Justice helps in long-term psychological rehabilitation of conflict victimsand women and girls who have suffered from specific sexual violence(such as sexual abuses, rape etc.). Legal aid and support to combatingdiscrimination (in both private and public spheres) against the conflictvictims is needed. The government needs to provide such legal assistanceto them.4.6 Reparation and rehabilitationReparation is a key element in R&R and political transition from warto peace (Bloomfield et al. 2004; Slim and Eguren 2004). Reparation isrecognised by international human rights and humanitarian laws (for e.g.,Geneva Conventions, ICC Rome Statute etc.). Often reparation, restitution 9 ,compensation, rehabilitation, satisfaction and redress are interchangeablyused in the discourse of post-conflict transition (Bloomfield et al. 2004).Basically, reparation redresses past wrong doings, guarantees for nonrepetitionthrough human rights training and other mechanisms andprovide remedies and concrete relief.Restoration of the citizen’s liberty and rights, return of property capturedby warring parties and rehabilitation of conflict victims providingemployments are often the parts of the restitution practice. Compensationis a part of reparation. It makes financial payments to victims as recognitionof the wrongs committed and loss suffered in the past. It also includescompensation for lost opportunities. Similarly, rehabilitation is a processof restoration of physical and mental health. It also includes provisions ofmedial and psychological care, and legal and social services.The satisfaction of the conflict victims in the phase of transitional justicefocuses on:9Restitution is a practice of re-establishing the situation which existed before wrongdoing by theperpetrators.276