Jitman Basnet
Published in the Republica Daily (for original publication click here)
The war
between the Maoists and the royal regime officially ended in 2006, but the
conflict continues. The bloody ten-year war claimed thousands of lives and
destroyed millions in property. Several thousand were
displaced, kidnapped, tortured, and illegally detained in secret locations like
military barracks, police custodies and Maoist camps during this conflict. More
than 1,300 civilian
are still missing and their whereabouts are unknown. Political parties and the government have made commitments and promised to deliver justice without delay many times, but to no avail.
are still missing and their whereabouts are unknown. Political parties and the government have made commitments and promised to deliver justice without delay many times, but to no avail.
In
November 2006, the Maoists and the Nepal Government signed the Comprehensive
Peace Agreement (CPA), and both parties agreed to address issues related to
crimes committed during the ten years. The charter, detailing aspects of the
CPA, states (5.2.3): “Both sides agree to make public the information about the
real name, surname and address of the People who were disappeared by both sides
and who were killed during the war, and to also inform the family about it
within sixty days from the date on which this accord has been signed.”
Additionally,
the CPA states (5.2.5): “Both sides agree to constitute a High Level Truth and
Reconciliation Commission (TRC) through mutual agreement in order to
investigate the truth about those who have seriously violated human rights and
those who were involved in crimes against humanity in the course of the war and
to create an environment for reconciliation in society.”
Years
after the peace agreement, there has been no progress towards the formation of
either the TRC or the CIDP (Commission on the Investigation of Disappeared
Persons), which would clarify the status of individuals who had gone missing
during the conflict. Neither has there been action against culprits to render
justice to the victims. Instead of moving toward justice, the government has
given recognition, rewards, and promotions to those police and army officers
who were involved in the crimes and hence deserve prosecution.
Back in
2005, the seven main political parties and the Maoists developed a 12-point
plan in Delhi, agreeing to a political solution to the armed conflict and to
overthrowing the monarchy. In 2006 this culminated in a (mainly non-violent)
massive 19-day People’s Uprising in Kathmandu, which served as the final push
to abolish monarchy. After the monarch was overthrown and the CPA signed, a
high level judicial commission led by Supreme Court Justice Krishna Jung
Rayamajhi was formed to investigate the allegations of abuse and atrocities
committed by the government against those taking part in Jana Andolan II.
Top
leaders of major political parties publicly promised to implement the
recommendations of the Rayamajhi Commission. Six years have passed since the
government made the report public, but neither the political parties nor the
government has taken the initiative to prosecute the perpetrators named in the
report.
The report
stated that out of 9,194 persons injured during the massive protests, 609 were
seriously injured and 303 had suffered from gunshot wounds. For these abuses,
the Rayamajhi Report recommended action against 202 persons, including the then
ministers, officials, royal advisors, and administrators. It also advised the
government to formulate necessary laws to take action against the then Chairman
of the Council of Ministers (the King), and cabinet members.
The army
general Rukmangat Katuwal, whose name was recommended for prosecution by the
Commission, was promoted to Army Chief, directly challenging the Commission’s
recommendation. The police officer Durj Kumar Rai who opened fire at protesters
was promoted recently to a higher post. None of the other 200 has been
officially charged with any crime.
Another
police officer, Kuber Sing Rana, was involved in the killings of five students
in Janakpur in 2003. In 2008, the National Human Rights Commission recommended
his prosecution for the crime, but he was instead appointed the national police
chief in 2012. Army officer Raju Basnet, the Commander of Marahajgunj Barrack,
was responsible for the deaths of 49 detainees under his command; he was
promoted to the positions of Senior Colonel in 2010 and Brigadier General in
2012, despite widespread condemnation from the human rights community. These
are just some of the names of major perpetrators who were promoted by the government
over the years.
Prior to
the 10-year armed struggle that ended with the People’s Uprising in 2006, a
people’s movement in 1990 demanded that the King be replaced by a multi-party
system including a Constitutional Monarchy and Parliament. Once these were
implemented in 1990, independent judicial commissions were formed for the first
time. A high level commission led by a Supreme Court Judge, Janardan Lal
Mallik, was formed to investigate the atrocities committed by the government
during the1990 movement.
The report
produced by the commission listed over 200 persons who were involved in the
crimes, and recommended that they be prosecuted. The Malik Commission’s Report
was challenged by the Attorney General of the first ever elected democratic
government after the departure of the party-less Panchayat system. It was
dismissed as a useless document, indicating that the commission’s investigation
held no value in the eyes of the government, and none of the 200 accused was
ever charged with a crime.
The culprits
identified by the Commission not only received unconditional amnesty from the
government, but they climbed to posts of greater power. Two of them, Lokendra
Bahadur Chand and Surya Bahadur Thapa, became Prime Ministers subsequently.
This helped the reactionaries to hold onto power in the bureaucracy, disabling
future ministers who attempted to exercise democratic power.
Based on
this tarnished history, Nepalis have very little faith that the perpetrators of
human rights abuses will be brought to justice. As relates to the current
situation, the general public does not find any grounds to believe that the
recommendations of the CIDP or the TRC will be properly implemented. Powerless
and weak, the legislation for the so-called justice commissions will only carry
on the trend. Even if the legislation moves forward without an amnesty clause
(which is very doubtful at present), there is little hope that it could move
past the office of the Attorney General.
Providing
justice as a step towards peace was understood as an important part of the
peace process, and it is one of the major aspects of the CPA. In the absence of
justice, the transition process remains incomplete, and we as a nation cannot
achieve lasting and sustainable peace. The government’s empty apologies to the
families of victims show either its inability or lack of political will to move
forward.
If such
procrastination continues, the patience of several thousand people waiting for
justice may soon be exhausted. And when that happens, the pent up anger
released in the streets could give birth to unprecedented feelings of revenge
and hatred. Frustrated groups could turn violent and take the law into their
own hands to punish the perpetrators, their families and political leaders. We
need only look at what is happening in Syria, Egypt, and Bangladesh to get a
sense of the awful future awaiting Nepal if justice is not delivered through
lawful processes.
The author
is a torture survivor, held captive for 258 days by erstwhile Royal Nepal Army.
He is currently a Reagan-Fascell Democracy Fellow at the National Endowment for
Democracy, Washington DC. Views are personal.
jmbasnet@gmail.com
