Nepal

The discharge and rehabilitation process of former Maoist Army combatants began in early 2010 with the discharge of 4,008 verified minors and late recruits (VMLRs). A UN Interagency Rehabilitation Programme was established to provide support to these individuals in the form of counselling, training and supporting job placements. To date, notable progress has been made by this programme, in particular in the numbers of VMLRs making contact with the programme through the toll-free phone line and those referred on to training providers. However, a major shortcoming of the programme to date has been its ability to provide socio-economic support to clients in the post-training period.

One key actor that was overlooked in the design of the programme was the business community. Contact between the rehabilitation programme and business community at both the national and local levels has been limited and ad-hoc in nature, a major obstacle to the success of the programme in ensuring job placements, micro-finance and mentoring support to its clients.
 

International Alert is working to strengthen the socio-economic support dimensions of the rehabilitation programme through:

• Generating knowledge around local opportunities for rehabilitation, including attitudes of local business people towards supporting rehabilitation processes;
• Strengthening understanding and coordination between key stakeholders to the programme, in particular the government, private sector and UNIRP at both the local and national levels.
   

The government of Nepal has identified poverty and social exclusion as root causes of escalating political conflict in the country and has prioritised poverty reduction for its tenth plan. Donors, the UN and NGOs alike share a similarly broad recognition of economic inequity and social exclusion as drivers/contributors to conflict and violence, although the particular explanations for this link vary.

In response to this recognition, both the international community and the government of Nepal have invested heavily under the assumption that an emphasis on inclusive income generation or employment will contribute to peace and stability. Numerous initiatives have emerged over the years during and following conflict that seek to enhance group and individual income-generation capacity through micro-finance, self-employment and jobs-for-peace type schemes.

Beginning in May 2009, International Alert and Samjhauta Nepal began exploring the links between income generation and peacebuilding in Nepal, in particular looking at ways in which links identified could be strengthened. The project worked through new and existing income generation groups in the Morang and Kailali districts, with Alert and Samjhauta working together to provide start-up capital for new enterprises, specialised conflict sensitivity training to local facilitators, and to explore opportunities for connecting groups to district-level networks and to strengthen both economic empowerment and access to peacebuilding networks.
 

Recent years have seen a growing number of commitments to strengthening aid effectiveness and tackling state fragility, with increasing recognition of the importance of taking the local context in conflict-affected countries into account. Despite these hard-won positive developments, there continue to be substantial internal and external challenges confronting international institutions as they seek to translate these commitments into national strategies and programming.

In Nepal, foreign aid accounted for approximately 19% of the total national budget in 2009-10. This proportion is expected to increase to approximately 25% in 2010-11. Over half of foreign aid is channelled through multinationals such as the Asian Development Bank, World Bank and United Nations. These institutions play an important role in Nepal’s development. It is therefore essential that they play this role in a way that also supports sustainable peace and does not exacerbate tensions.

Through its International Institutions Programme, International Alert in Nepal seeks to support international institutions to:

1. Explore in depth the challenges to aid effectiveness in the transitional context;
2. Identify practices that facilitate the production of greater peace dividends across programming;
3. Promote the sharing of learning within and between international institutions and the wider community of stakeholders operating in Nepal and other conflict-affected contexts.
    

Following ten years of conflict and continued political instability, state-led provision of justice remains extremely weak. Many lack access to state justice mechanisms, due to economic, geographic or social barriers. This is particularly so for women and those belonging to marginalised and vulnerable groups who lack the resources, literacy and networks to even approach formal mechanisms. Instead, many turn to a growing number of non-state justice providers, such as indigenous systems, paralegal or mediation committees and political parties that dispense cheaper and more immediate justice.

The non-state justice sector is vibrant and growing. It plays an essential role in providing access to justice for the poor and marginalised and relieving the over-burdened state justice sector. However, in the absence of a strong state justice sector to counterbalance and oversee the non-state sector, non-state mechanisms are beginning to mediate criminal cases, superseding the criminal justice system of the state. Some traditional non-state mechanisms also deliver verdicts and punishments that do not take into account human rights and gender equality norms.

Access to justice is a fundamental human right and basic state service. In the current transition from conflict to peace, democracy and rule-of-law in Nepal, it is essential that the state is seen to deliver effective, accountable and equitable access to this basic right. Failure to do so may compound the frustrations of those marginalised from accessing this right and provide unregulated space to a number of non-state actors to take the place of the state in providing criminal justice.

We work to strengthen the effectiveness, inclusivity and accountability of the formal justice sector in responding to the needs of the Nepali people, including vulnerable and marginalised groups, by:

1. Strengthening and creating relationships between the state and non-state justice sectors based on clarity and understanding of the roles of each sector;
2.  Strengthening the capacity of the non-state justice sector to advocate for, support and monitor a more effective, accessible and accountable state justice sector.