Transitional Justice in Nepal
The Maoist-led government has already started declaring compensation packages to the conflict-hit population of Nepal. Senior Maoist leaders have publicly said that the amount of compensation will be increased by ten times next year. It is not sure how they have chalked out the plans to distribute the packages, who all qualify as conflict-hit and if all of them should be given the same kind and/or amount of compensation. They haven’t also allayed doubts that such compensation will be provided to only those affected by the government’s anti-insurgency measures (read “white terror“). A Peace and Reconciliation Commission should have been formed long back in Nepal. The declaration of compensation even before the formation of such a commission (whose job is to identify the conflict-hit people, recommend compensation to them and punishment to the culprits) is grossly an attempt to influence the work and limit the rights of a commission that’ll be formed in the future. Unwillingness to accept the mistakes of the past is not the only hindrance that hasn’t allowed the formation of such a commission. A much harmful desire to glorify the human-rights abuses of the past and to achieve further political ends basking on that glory (the existing situation of impunity obviously has made such political cadres’ morale high and people’s very low) is starting to appear as the reason that might be holding the formation of the commission. Often, opinions suggesting a mass amnesty for all perpetrators of past crimes have been heard.
United States Institute of Peace (USIP) organized a documentary show cum discussion program last week in Lalitpur. The documentary, dubbed in Nepali, on transitional justice processes in East Timor, South Africa, Peru and Morocco was very heart touching. Stories of people from those countries resembled those from our own villages here in Nepal. The examples of Peace and Reconciliation Commissions in those countries was helpful to understand their need and importance. It can’t be stressed on how Nepal needs one very badly. The culture of unaccountability and absence of law and order is the order of the day. With many criminal and political groups in Terai and youth wings of some of the biggest parties showing no respect to the very basic human rights, the war that some believe has ended seems far from over.
Human Rights activist Krishna Pahadi (see pic), who talked in the program, was also of the same opinion. He called out the young generation to steer the human rights movement in Nepal because the older ones have failed to carry out the responsibilities.
Unwillingness on the part of Maoist leadership to punish the defaulters within their party of past atrocities is totally unacceptable. Whoever (Maoists or the state personnel) has committed crimes against humanity, should be punished and be made accountable for their deeds. A peace process without such acts is only a dynamite waiting to explode. The delay in the formation of a Peace and Reconciliation Commission and declaration of compensation packages look very meaningful to me. Looks like Krishna Pahadi is right when he says that the existing “civil society” and human right watchdogs in Nepal have falied to live up to the expectations.





I’ve read a few articles related to Truth and Reconciliation Commission and now this Peace and Reconciliation Commission…are they used interchangebly…or whats the case here – and all those articles only talked about – how they can help. Not necessarily when they’re establishing (in Nepal). or how the team plans to move forward with it. So I’ve heard people talking about it for ages – just wondering – when is this commission ever going to be formed.
S
October 23, 2008 at 12:10 am
Hi S,
Its the same thing, just a different name. But it hasn’t been decided if it will be called “Peace and Reconciliation Commission” or “Truth and Reconciliation Commission.”
What I wanted to point here is the delay in its formation and the questions its giving rise to. “Will it ever be formed?” or “If it is ever formed, what powers will it have?” Those are serious ones, and looking at the behavior of the current government on these issues, the sign’s not very positive.
Bibek Paudel
October 23, 2008 at 12:19 am
ha-ha must admit- I’m not surprised with your answer.
S
October 23, 2008 at 7:59 pm
S,
didn’t get you
Bibek Paudel
October 24, 2008 at 4:23 pm
I was not surprised to hear that the governemnt hasn’t given much of a heed to this matter.
S
October 25, 2008 at 8:17 am