Constitution Making in Nepal 
Constitutional Design
Constitutions and Constitution Making Elsewhere
Nepal's Constitutions
Of Special Interest To
Electronic Library

New Publications from UNDP










 Home » Constitution Design » Questions for constitution makers in Nepal » Legal System » Prosecutions

Impunity


Impunity means being free from punishment even though one has done something that deserves punishment. It is used especially to refer to situation in which people who have committed crimes or human rights violations manage to escape punishment. It is particularly a matter for concern if such impunity is common, rather than occasional.

You can read about concerns about impunity in Nepal

What can a constitution do to end impunity?

A constitution sets up a framework for government, and that framework can include structures and procedures, though not in detail, for the court system, and for other aspects of the justice system. The following will help to put an end to a pattern of impunity:
  • Independent court system
  • Independent procedure for prosecution of crimes
  • Adequate resources for courts
  • General atmosphere of accountability
  • Effective democracy - so governments that do not deal with abuses are voted out of office
  • Openness and transparency in the activities of government and in public office
  • Effective mechanisms to combat corruption
  • Protecting freedom of speech and the media
  • Protecting civil society in its role of exposing violations of human rights
  • Training and equipping the police forces - so that they become a force against impunity and not a force that violate rights with impunity which is the case in some countries.

Appropriate action will also depend on the nature of the victims and on the reason for impunity in particular countries. It is a complex subject and this brief page cannot do it justice. Among the issues is impunity for violence against women - on which see a UNIFEM factsheet: Ending Impunity for Violence against Women.

For past wrongs it may be necessary to set up special systems to investigate the past and provide for justice to victims and punishment for those who are guilty, and also for reconciliation between victims and perpetrators and in society as a whole. There will be more on this topic on this website in future - but you can look at the website of the International Center for Transitional Justice (which is one of the main international NGOs on this subject and which will be setting up an office in Nepal).
^ Home

Copyright © 2008  |  All Rights Reserved  |  Constitution Advisory Support Unit, UNDP