
On 12 April 2024, the Nepal Forum for Restorative Justice convened the first “Nepal Corrections Conclave 2024” to facilitate communication and collaboration among stakeholders to discuss the correctional agenda, including the integration of restorative justice principles and the effective utilization of tools like parole and probation.
A high-level conclave on the correctional justice system in Nepal brought together key stakeholders from 16 diverse institutions. The conclave included representatives from the judiciary (justices, judges, and senior officials), Office of the Attorney General (deputy attorneys and prosecutors), Department of Prison Management (Director and Legal Officer), Nepal Police (AIGP), Federal Probation and Parole Board, various ministries of the Government of Nepal, Central Child Justice Committee, National Human Rights Commission, National Child Rights Council, Nepal Bar Association, civil society organizations, and international partners (United Nations Office on Drugs and Crime and The Asia Foundation). The program was organized in collaboration with Federal Probation and Parole Board, the United Nations Office on Drugs and Crime and The Asia Foundation.
Modality of the Conclave
The Conclave of key stakeholders was convened to discuss the correctional justice system, with a particular focus on utilizing parole and probation as tools for restorative justice. This platform facilitated the exchange of experiences and best practices in implementing these programs. Officials responsible for managing parole and probation shared their insights and aspirations for improvement.
The agenda of the Conclave was as follows:
- Welcome and seating arrangements by Kabita Luitel
- Introduction of the National Forum for Restorative Justice (NFRJ) and highlighting the objectives of the conclave and welcoming the participants, guest (s) by Rajan Kumar KC, Director of NFRJ
- Presentations by representatives from the Department of Prison Management and the Office of the Attorney General
- Keynote speech: Following the presentations, a series of keynote speeches were delivered by esteemed guests and personalities:
- Ram Tiwari, Executive Director, Nepal Forum for Restorative Justice
- Preeti Thapa, Deputy Country Representative, The Asia Foundation
- Hon. Rajendra Kharel, Judge, High Court
- Hon. Dr. Ananda Mohan Bhattarai, Senior Justice of the Supreme Court of Nepal
- Closing Ceremony: Hon. Dr. Dina Mani Pokhrel, Attorney General of Nepal and Chairperson of Federal Probation and Parole Board delivered the final speech and officiated over the closing ceremony.
The opening presentations provided data and statistics on the prison population and correctional efforts implemented by the department of prison management till the date. The subsequent presentation addressed the current state of parole and probation implementation. A dedicated Q&A session allowed stakeholders and participants to raise questions and engage with the presented information.Following the Q&A, a formal discussion commenced, focusing on the agenda of correctional reform. The Chairperson and Attorney General acknowledged critical issues raised by stakeholders, vowing to incorporate them into the final report. Key discussion points centered on victim participation in the parole process and effective monitoring of parolees to ensure successful rehabilitation.
- The following remain as challenges and possible way outs in implementing Probation and Parole in Nepal:
- Limited scope: Parole system currently focuses on drug offenses due to legal restrictions. This “negative list” approach excludes many potential candidates. Thus, the law could be reviewed to filter the negative list.
- Procedural ambiguity: Unclear processes for submitting parole applications. Confusion exists regarding format, submission methods, and timelines. The current guidelines fail to consider victim perspectives and involvement when recommending parole and probation. Formulation of clear procedures that could be adopted by court and parole and probation officers connecting the victims in the process.
- Resource constraints: Effective monitoring of parolees is hampered by limited resources, including manpower and geographical limitations.
“There has been an ideological shift towards restorative justice principles in the legal system and judiciary after the commencement of criminal code in 2018″ – Hon. Dr. Ananda Mohan Bhattarai, Justice of the Supreme Court of Nepal, speaking at the Nepal Corrections Conclave 2024
The conclave concluded with a shared understanding among all stakeholders: rehabilitation is possible for all, even those who have committed serious crimes. This belief stems from the fundamental principle that every prisoner deserves a chance at correction.
To achieve this goal, participants from diverse backgrounds – judiciary, legal system, prison officials, and civil society – pledged their commitment to fulfill their respective roles. This includes recommendations for parole (the Board) and responsible granting of parole (the Court) based on rehabilitation progress. All participants acknowledged the need to support prison authorities in monitoring and facilitating the correctional process.
The Attorney General’s willingness to collaborate and consider suggestions signifies a genuine commitment to exploring restorative justice principles. Moving forward, the Nepal Forum for Restorative Justice (NFRJ) plans to submit recommendations to the Attorney General’s task force. These recommendations will explore how restorative justice can be integrated into the criminal justice system, ultimately aligning sentencing with correctional goals.
Furthermore, NFRJ envisions collaborating with the Department of Prison Management to establish halfway houses. These facilities would serve as a bridge, equipping released individuals with the skills and support necessary for successful reintegration into society.
Three main takeaways from the conclave included:
- Firstly, Restorative Justice Alignment: Though not explicitly mentioned in the Act, victim justice and offender reintegration principles align with core restorative justice values.
- Secondly, Probation and Parole as Tools: Probation and Parole emerged as crucial tools for achieving correctional goals, offering opportunities for reintegration and reducing recidivism.
- Thirdly, Stakeholder Collaboration: The Conclave successfully brought together diverse stakeholders to discuss challenges and opportunities for advancing corrections.
For the effective implementation of the provisions that have been introduced in Nepal’s criminal justice system, especially those related to probation, parole and restorative justice, it is imperative that all relevant stakeholders have a correct understanding about the subject matter and a clarity about their respective roles and responsibilities. In this context, the Nepal Corrections Conclave was an important milestone as all stakeholders from the government and non-government sectors could meet together and deliberate on various aspects of these correction paradigms, and the opportunities created could be harvested together.