NIRANJAN UPRETY
There are 4,008 disqualified Maoist combatants in seven cantonments and 21 satellites: Minors born after May 25, 1988, and recruits who joined the Maoist army after the ceasefire agreement of May 25, 2006. The number of minors stand at 2,973 (1,988 males and 985 females) while late recruits number 1,035 (804 males and 231 females). In total, the proportion of female is 30 percent. To date, there are still more than 400 (10 percent) combatants under the age of 18. Though there is controversy in the verification process carried out by UNMIN, it has already been established that the disqualified combatants who are discharged should be very prudently rehabilitated in the respective community in order to ensure sustainable peace in Nepal. This article mainly discusses the recent government efforts to discharge and rehabilitate disqualified Maoist combatants and the modality of education and training package proposed to them.
The Government of Nepal, with technical support of UN and allied organizations, recently prepared a rehabilitation package targeted at all disqualified combatants. It consists of six steps: Information and consultation, survey and collection of personal details, discharge and farewell, transition centre and orientation, training package and rehabilitation and monitoring. In order to effectively implement the entire discharge and rehabilitation process, a three-tier structure was formed: i) Steering Committee on Disqualified Discharge and Rehabilitation led by Honorable Minister, MOPR (Ministry of Peace & Reconstruction) followed by two central-level representatives from UCPN (Maoist) and Secretary, MOPR as Member Secretary and UNDP Resident Representative, Head of UNMIN and UNICEF as invitees. The first meeting of the Committee was formally held on Oct 8. It discussed meticulously on each and every step of the rehabilitation process to be initiated in all cantonments and satellites. ii) Under the auspices of Steering Committee, Technical Committee was formed comprising Coordinator, Joint Secretary, MOPR, two Brigade Commander-level representatives from UCPN (M) and senior officials from UNDP, UNMIN, UNICEF and UNFPA. iii) Likewise, a Field Committee was formed under the leadership of Under Secretary, MOPR and commanders from UCPN (M) and members from UNDP, UNMIN, UNICEF and UNFPA, which resumed the first step (information & consultation) of rehabilitation process from Sindhuli (Cantonment II) on Oct 11 and was finalized last month.
The performed consultation step attracted the attention of both local and international community, which called for the negation of provision of direct cash scheme in the package to every disqualified individual. Even after five meetings of the Steering Committee (latest on Nov 29) and 12 meetings of the Technical Committee, it could not resolve the demand of cash scheme to the disqualified combatants. Alternatively, the UN, et al. presented a sustainable human resource development (training & education) package and thus the claim for a cash scheme was finally dropped. The filling up of questionnaire (step II) was also sidelined and thereby way for discharge has been cleared.
The discharge of disqualified combatants should be designed in such a way that it also meets the conditions for “delisting” of UCPN (M) as mentioned in United Nations Security Council Resolution 1612 (accusation against the party which uses minor soldiers). Most importantly, the provision of fund to enhance the academic level of the 4,008 combatants, once discharged, made by the Government of Norway is praiseworthy.
Why do we need to educate and train the discharged? Education and training can enhance economic growth, individual income, reduce fertility and alleviate poverty. According to UIS/OECD Report 2005, overall, for every single year that the average level of schooling of the adult population is raised, there is a corresponding increase of 3.7 percent in long-term economic growth. Westphal (2005) referred to the US Census Bureau Report that a Maine resident with a four–year college degree earns $10,000 more per year than a Maine resident with a high school degree. Moreover, UNESCO, 2003 explored that in Indonesia, a man with tertiary education earns an average 82 percent more than a man with only secondary level of education. In Paraguay, the difference is as high as 300 percent. Likewise, education and training is also helpful to reduce fertility: According to Moghadam (2005), on average, women desired 4 children in Egypt, the mean jumped to 4.4 among illiterate mothers and dropped to 2.1 for women with secondary school education. The mean number of children born to university-educated women was only 1.8.
In order to equip the discharged with education and training and to ensure their fate and future, MOPR has been taking initiatives consulting massively with the development partners including UNDP, UNICEF and UNFPA; and with other local agencies such as CTEVT, NCED, LDTA, DOE etc. After rigorous consultation, the education and training package proposed to the discharged shall consist of general education disciplines such as science, humanities, education and management available in the respective communities, and varieties of trades ranging from one month to one year depending upon its nature. The discharged may opt for any one of them to be provided preferably in a public sector institution close to their location with limited financial support in the form of tuition fee, stipend and tool kit (if applicable). Overall, it could enhance their skills and thereby could open them to job opportunities in local market and also employment abroad.
Though the combatants have been upgrading their level of education and training with the help of formal/informal agencies including GTZ, it tends to be perhaps very feeble than their level of competency and potency. One can also be skeptical about whether the imparted vocational training and skill development course is need-based and market-friendly.
Let us ponder upon a fictitious case of training as proposed: A trade of training out of 67 items can be “mobile repairing”. The discharged combatant with a certain academic background and belonging to a village in Sindhuli may opt for it. Once s/he forwards her/his interest of joining the course of mobile repairing, the government with the aid of UNDP will explore the possible nearest (Janakpur or in the vicinity) public/private training institution. The interest of the discharged leads to a contract with the standard and quality institution (implementing partner), and opens room for payment of tuition fee, and providing stipend that includes hostel (accommodation) costs and stationeries. The process completes by imparting theoretical knowledge and practical exam, pass out and conferring of certificate (diploma). Finally, mobile repairing tool kit would be provided so that s/he can launch and conduct comparatively profitable business in her/his community.
Such proactive initiation of the discharged towards an academic package will definitely change their plight giving a long due momentum to the integration and rehabilitation process of Maoist armies and thereby making the environment conducive for writing and promulgating the new constitution.
Writer is Under Secretary, Conflict Management Division, Ministry of Peace and Reconstruction and can be reached at niranjan_uprety@yahoo.com
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=13013
Wednesday, December 23, 2009
Human rights double standards
DAMAKANT JAYSHI
Both Maina Sunar and Ram Hari Shrestha were kidnapped, tortured and murdered in custody. The 15-year-old died three hours after her torture (some accounts say it was longer)* in the Paanchkhal barracks of the Nepal Army (formerly RNA) in Kavre district in February 2004; businessman Shrestha was severely tortured by Maoist army’s Third Division commander Kali Bahadur Kham and four of his colleagues inside their Shaktikhor cantonment, Chitwan, in April last year.
But the similarities end here. And this is enough to reflect on the kind of work the human rights professionals do vis-à-vis rights violations, impunity and absence of even minimal legal recourse in Nepal. Hypocrisy and double standards are the unwritten rules of the game for people who are here to build or further their careers out of human rights.
Sample this fact first. There is simply no comparison between the pressure exerted to punish the perpetrators in Maina’s and other human rights violations. The combined pressure of booking the guilty in Ram Hari Shrestha’s case, journalist Birendra Sah (allegedly murdered by Maoist goons in Bara district in 2007), burning of eight-year-old Kajol Khatun and her relatives in a bus in Chitwan in 2002 by Maoists and the Madi massacre (which was a result of deliberate electrical mining of passenger bus in June 2005 in Chitwan district by Maoists) pale in significance to the one witnessed in Maina Sunar’s case.
Maina should get justice and her mother Devi Sunar has been fighting a just campaign to punish the murderers. In fact, it is not just Major Basnet, the other three accused – now retired Col Bobby Khatri, Capt Amit Pun (later promoted to major’s rank) and captain Sunil Adhikari, both of who have quit the army and reportedly settled in Australia – should also face trial in a civilian court in Kavre. In fact, Pun and Adhikari must be forced out of Australia to face trial in Nepal. The military court’s verdict and its reported punishment of the three (Khatri, Pun and Adhikari) and acquittal of Basnet is unacceptable. After all, a civilian was murdered inside the army barracks and a civilian court (Kavre) has taken up the case and ordered the arrest of the four NA officers.
So has Chitwan district court on businessman Shrestha. It has issued warrants in the name of Kham and four other Maoists, of who only Govind Prasad Batala has been arrested. Shrestha, Kajol and the dead of Madi appear to be less than humans or perhaps they have lesser rights in the eyes of our so-called human rights champions operating in the country. How is Shrestha’s torture and murder inside custody different from Maina’s?
Journalist Tika Bista from Rukum who was nearly murdered by Maoist goons may not have any rights so long as our human rights activists are concerned. Simply because the perpetrators are Maoists and not worth highlighting.
It is not for nothing that Maoist cadres who indulge in violence have scant regard for law and care two hoots for the country’s legal system. And why would they? They know the party will come to their rescue. No wonder, not a single violator among the Maoist ranks has been punished till date. Their party chairman, Pushpa Kamal Dahal, has already taken the first of the four steps when it comes to crimes by his men vis-à-vis journalist Bista: He has denied any role of his men in Bista’s near fatal assault. Next in line will be this: “Some undesirable elements who infiltrated the party committed the act”. And if the heat is long enough, there will be admission of Maoist involvement. Finally, there is party’s “investigation” and “punishment” to the perpetrators. End of the story.
For human rights activists, crying hoarse over violations by state’s agencies looks sexy. After all, you are taking on a mighty state, although we all know the strength of the Nepali state, thanks to our political leaders and overbearing donor community in Nepal. It is fashionable to speak and write about the wrongs by the state; blasphemous to talk about the same by Maoists or former rebels or guerrillas (call them what you want). While violence and violations by the government’s security forces are highlighted, only muted response greets the same crimes if the perpetrators are Maoists.
There’s always an explanation provided by those who claim to “understand” the Maoist perspectives. Here it is: The Maoists are former rebels with “war mentality” and they would need time to adjust to non-violent ways and means. This silly argument is in its fourth year and looks like it would continue. Why? Because our comrades are getting more and more entrenched in “war mentality”.
Maj Gen Toran Bahadur Singh is in the eye of a storm for being at the top of the chain of command when the notorious disappearance and murder of Maoists took place at the Bhairabnath Battalion in the capital. His promotion to the second man in the NA as lieutenant general is in limbo. The call for investigation into his role is justified. But where is a similar call to investigate Nand Kishor Pun (Pasang) for being the commander of the Maoist army in Ram Hari Shrestha’s case? Or call for trying Pushpa Kamal Dahal over Madi, Kajol and Sah?
Kali Bahadur Kham, despite a Chitwan district court’s order is roaming free. He has been inducted into the expanded Maoist party’s Central Committee after Shrestha’s murder. Or is Chitwan district court inferior to its Kavre counterpart? Court cases are also pending in multiple other violations besides the ones I have mentioned here. What of those cases?
These are some of the questions that OHCHR-Nepal, International Commission of Jurists (ICJ), Advocacy Forum Nepal, among sundry other human rights organizations which have been vocal on Basnet, need to answer.
If you read the statements by the Maoist party or remarks by their leaders, they appear to be the biggest champions of democracy, human rights and oft-repeated civilian supremacy over the army. Tall on commitments and low (rather cipher) on honoring them.
The culture of impunity will be addressed and perpetrators brought to justice if we treat all violence, torture and murder as rights violations irrespective of who committed it. There cannot be double standards. So stop treating the Maoists as holy cows and apply the same pressure to try Nand Kishor Pun and Kali Bahadur Kham to begin with.
*(Added
Published on 2009-12-15 07:40:34
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ALL COMMENTS
Excellent. Because of possible punishment to Mr. Basnet of NA, Maoists are or will be mor scared of the issues appearing in Nepali news media specially, Republica. Commendable job is done by Republica and Mr. DAMAKANT JAYSHI. My hat off salute to you. Your article should be circulated all around the world, brought justice to Ram Hari Shrestha, Kajol, and the Madi explosion victims.
Republica Team, thank you.
GyaRel
- GyaRel
Extremely Well Said. I have been trying to find voice to oppose this ever since Maoists went to the jungle. I could write volumes & volumes on how human rights activists are hugely accountable for not protecting citizens during the "war". But in this country , they are seen as saviors when in reality they work only for themselves. Even monsters wouldn´t dare to do what maoists have done to the ordinary people in this country, but money flows to HR only when they go after the government . Plus it is lot easy to track who was where in the army, rather than the gurillas.Many thanks for bringing this out and showing the HR´s real face. I could do that with proofs, but in this country even if you unmask the theif, nobody seems to care.
- Rajesh Khatiwada
Damakanta Jayshi,
Your reflection on human rights activists´ activities in Nepal is realistic and i am also agree with u. But who will listen it? All are the followers of un justice power and anarchism.
- Khadka
This article is more balance and exposes hypocrite of our so called human right group who by their action has proven Maoist mouthpiece. I think Nepal army is unduly pressurized whereas all the political boss went Scott free. This is not good for morale of army which is only institution relatively free from Maoist influence. Justice should be equal to all.
- saru
Exactly, if Toran is to be penalized, Prachanda should ot executed for his crimes for the Madi massacre. Prachanda has personally ordered his cadres to blow up the vehicles if they are used by security forces. Pasang should be taken action, demoted or expelled. Do these communist politicians think this country is their birta and they can do whatever they think. I buy the idea with Damakant. Great article in fact. Murderers in one side are penalized and other side are promoted what sort of justice is it? Is it the change came after the maoists defeated all? There was an agreement to dig past violations and follow the path of trust and reconciliation. If "only they" were to suffer, do politicians think Nepal Army would easily accept abolition of Monarchy?
- Sagar
Half-a-cheer to Jayshi for his honesty and attempt to provide some balance on these human rights issues in our country. However, why is he slamming only the HR activists for this Maina Sunar - Maj. Basnet case? Wasn´t it this newspaper, Republica, that re-ignited this issue in the first place? Instead of just calling on HR activists to deliver justice to Ram Hari Shrestha, Birendra Sah, Madi victims and countless others, how about asking Republica to expose the perpetrators in those cases too? Why did this newspaper only go after the Army personnel? Why didn´t Jayshi expose the double standards that this paper seems to hold as well? (Does Jayshi work for this paper and fear for his job?!)
The fact is, it´s not only HR activists but journalists too who have done the utmost possible to undermine the national Army and uplift the Maoists in the past few years. There are double standards in journalism too. In this article, Jayshi has spoken only half-the-truth, exposed only half-the-hypocrisies, and therefore deserves only half-a-cheer. For the whole truth, and a full, unreserved cheer, let him hold a mirror up to himself and his colleagues in the media, particularly this one, too!
- Satya Nepali
was about to write a whole lot of things but whatever I had to say has been written in the post above.
I second Satya nepali jyu.
I wish jaishi ji would say that lets punish both; instead he puts his argument on the basis that if maoists are not punished then the armymen should not be too.
besides, did not the security men have a greater degree of responsibility towards the citizens?
- Ratnesh
I admire Damakanta ji´s concern and express my fullest support to the cause. State has foremost responsibility to protect civilians, so, the security personnel´s behavior draws more attention. But Maoist claiming to run parallel state are also equally responsible and they shall have to face the consequence sooner or later. There are 12 emblematic cases identified as most serious ones by HR Defenders of Nepal along with OHCHR and other organization. One of the serious case comes from Kavre. In spite of court order Agni Sapkota,accused in the murder case of Arjun Lama, did not appear in the court. We recommended Government to start judicial process against perpetrators from both sides. One fact i must accept that state is brought on the book more strongly in comparison to non-state actors. And the balance is seemingly missing. It does not mean to affirm that non state actors get immune in the cases of grave abuses. We want to influence the state so that they get reason to act efficiently against all perpetrators without discrimination.
- Subodh Raj Pyakurel
Both Maina Sunar and Ram Hari Shrestha were kidnapped, tortured and murdered in custody. The 15-year-old died three hours after her torture (some accounts say it was longer)* in the Paanchkhal barracks of the Nepal Army (formerly RNA) in Kavre district in February 2004; businessman Shrestha was severely tortured by Maoist army’s Third Division commander Kali Bahadur Kham and four of his colleagues inside their Shaktikhor cantonment, Chitwan, in April last year.
But the similarities end here. And this is enough to reflect on the kind of work the human rights professionals do vis-à-vis rights violations, impunity and absence of even minimal legal recourse in Nepal. Hypocrisy and double standards are the unwritten rules of the game for people who are here to build or further their careers out of human rights.
Sample this fact first. There is simply no comparison between the pressure exerted to punish the perpetrators in Maina’s and other human rights violations. The combined pressure of booking the guilty in Ram Hari Shrestha’s case, journalist Birendra Sah (allegedly murdered by Maoist goons in Bara district in 2007), burning of eight-year-old Kajol Khatun and her relatives in a bus in Chitwan in 2002 by Maoists and the Madi massacre (which was a result of deliberate electrical mining of passenger bus in June 2005 in Chitwan district by Maoists) pale in significance to the one witnessed in Maina Sunar’s case.
Maina should get justice and her mother Devi Sunar has been fighting a just campaign to punish the murderers. In fact, it is not just Major Basnet, the other three accused – now retired Col Bobby Khatri, Capt Amit Pun (later promoted to major’s rank) and captain Sunil Adhikari, both of who have quit the army and reportedly settled in Australia – should also face trial in a civilian court in Kavre. In fact, Pun and Adhikari must be forced out of Australia to face trial in Nepal. The military court’s verdict and its reported punishment of the three (Khatri, Pun and Adhikari) and acquittal of Basnet is unacceptable. After all, a civilian was murdered inside the army barracks and a civilian court (Kavre) has taken up the case and ordered the arrest of the four NA officers.
So has Chitwan district court on businessman Shrestha. It has issued warrants in the name of Kham and four other Maoists, of who only Govind Prasad Batala has been arrested. Shrestha, Kajol and the dead of Madi appear to be less than humans or perhaps they have lesser rights in the eyes of our so-called human rights champions operating in the country. How is Shrestha’s torture and murder inside custody different from Maina’s?
Journalist Tika Bista from Rukum who was nearly murdered by Maoist goons may not have any rights so long as our human rights activists are concerned. Simply because the perpetrators are Maoists and not worth highlighting.
It is not for nothing that Maoist cadres who indulge in violence have scant regard for law and care two hoots for the country’s legal system. And why would they? They know the party will come to their rescue. No wonder, not a single violator among the Maoist ranks has been punished till date. Their party chairman, Pushpa Kamal Dahal, has already taken the first of the four steps when it comes to crimes by his men vis-à-vis journalist Bista: He has denied any role of his men in Bista’s near fatal assault. Next in line will be this: “Some undesirable elements who infiltrated the party committed the act”. And if the heat is long enough, there will be admission of Maoist involvement. Finally, there is party’s “investigation” and “punishment” to the perpetrators. End of the story.
For human rights activists, crying hoarse over violations by state’s agencies looks sexy. After all, you are taking on a mighty state, although we all know the strength of the Nepali state, thanks to our political leaders and overbearing donor community in Nepal. It is fashionable to speak and write about the wrongs by the state; blasphemous to talk about the same by Maoists or former rebels or guerrillas (call them what you want). While violence and violations by the government’s security forces are highlighted, only muted response greets the same crimes if the perpetrators are Maoists.
There’s always an explanation provided by those who claim to “understand” the Maoist perspectives. Here it is: The Maoists are former rebels with “war mentality” and they would need time to adjust to non-violent ways and means. This silly argument is in its fourth year and looks like it would continue. Why? Because our comrades are getting more and more entrenched in “war mentality”.
Maj Gen Toran Bahadur Singh is in the eye of a storm for being at the top of the chain of command when the notorious disappearance and murder of Maoists took place at the Bhairabnath Battalion in the capital. His promotion to the second man in the NA as lieutenant general is in limbo. The call for investigation into his role is justified. But where is a similar call to investigate Nand Kishor Pun (Pasang) for being the commander of the Maoist army in Ram Hari Shrestha’s case? Or call for trying Pushpa Kamal Dahal over Madi, Kajol and Sah?
Kali Bahadur Kham, despite a Chitwan district court’s order is roaming free. He has been inducted into the expanded Maoist party’s Central Committee after Shrestha’s murder. Or is Chitwan district court inferior to its Kavre counterpart? Court cases are also pending in multiple other violations besides the ones I have mentioned here. What of those cases?
These are some of the questions that OHCHR-Nepal, International Commission of Jurists (ICJ), Advocacy Forum Nepal, among sundry other human rights organizations which have been vocal on Basnet, need to answer.
If you read the statements by the Maoist party or remarks by their leaders, they appear to be the biggest champions of democracy, human rights and oft-repeated civilian supremacy over the army. Tall on commitments and low (rather cipher) on honoring them.
The culture of impunity will be addressed and perpetrators brought to justice if we treat all violence, torture and murder as rights violations irrespective of who committed it. There cannot be double standards. So stop treating the Maoists as holy cows and apply the same pressure to try Nand Kishor Pun and Kali Bahadur Kham to begin with.
*(Added
Published on 2009-12-15 07:40:34
Main Page
Share
PLEASE DESIST FROM ATTACKING THE WRITER PERSONALLY AND BE RESPECTFUL TO OTHER READERS.
Please give your full name while posting your comments. This is not to stifle the free flow of comments but your full name will enable us to print the comments in our newspaper.
ALL COMMENTS
Excellent. Because of possible punishment to Mr. Basnet of NA, Maoists are or will be mor scared of the issues appearing in Nepali news media specially, Republica. Commendable job is done by Republica and Mr. DAMAKANT JAYSHI. My hat off salute to you. Your article should be circulated all around the world, brought justice to Ram Hari Shrestha, Kajol, and the Madi explosion victims.
Republica Team, thank you.
GyaRel
- GyaRel
Extremely Well Said. I have been trying to find voice to oppose this ever since Maoists went to the jungle. I could write volumes & volumes on how human rights activists are hugely accountable for not protecting citizens during the "war". But in this country , they are seen as saviors when in reality they work only for themselves. Even monsters wouldn´t dare to do what maoists have done to the ordinary people in this country, but money flows to HR only when they go after the government . Plus it is lot easy to track who was where in the army, rather than the gurillas.Many thanks for bringing this out and showing the HR´s real face. I could do that with proofs, but in this country even if you unmask the theif, nobody seems to care.
- Rajesh Khatiwada
Damakanta Jayshi,
Your reflection on human rights activists´ activities in Nepal is realistic and i am also agree with u. But who will listen it? All are the followers of un justice power and anarchism.
- Khadka
This article is more balance and exposes hypocrite of our so called human right group who by their action has proven Maoist mouthpiece. I think Nepal army is unduly pressurized whereas all the political boss went Scott free. This is not good for morale of army which is only institution relatively free from Maoist influence. Justice should be equal to all.
- saru
Exactly, if Toran is to be penalized, Prachanda should ot executed for his crimes for the Madi massacre. Prachanda has personally ordered his cadres to blow up the vehicles if they are used by security forces. Pasang should be taken action, demoted or expelled. Do these communist politicians think this country is their birta and they can do whatever they think. I buy the idea with Damakant. Great article in fact. Murderers in one side are penalized and other side are promoted what sort of justice is it? Is it the change came after the maoists defeated all? There was an agreement to dig past violations and follow the path of trust and reconciliation. If "only they" were to suffer, do politicians think Nepal Army would easily accept abolition of Monarchy?
- Sagar
Half-a-cheer to Jayshi for his honesty and attempt to provide some balance on these human rights issues in our country. However, why is he slamming only the HR activists for this Maina Sunar - Maj. Basnet case? Wasn´t it this newspaper, Republica, that re-ignited this issue in the first place? Instead of just calling on HR activists to deliver justice to Ram Hari Shrestha, Birendra Sah, Madi victims and countless others, how about asking Republica to expose the perpetrators in those cases too? Why did this newspaper only go after the Army personnel? Why didn´t Jayshi expose the double standards that this paper seems to hold as well? (Does Jayshi work for this paper and fear for his job?!)
The fact is, it´s not only HR activists but journalists too who have done the utmost possible to undermine the national Army and uplift the Maoists in the past few years. There are double standards in journalism too. In this article, Jayshi has spoken only half-the-truth, exposed only half-the-hypocrisies, and therefore deserves only half-a-cheer. For the whole truth, and a full, unreserved cheer, let him hold a mirror up to himself and his colleagues in the media, particularly this one, too!
- Satya Nepali
was about to write a whole lot of things but whatever I had to say has been written in the post above.
I second Satya nepali jyu.
I wish jaishi ji would say that lets punish both; instead he puts his argument on the basis that if maoists are not punished then the armymen should not be too.
besides, did not the security men have a greater degree of responsibility towards the citizens?
- Ratnesh
I admire Damakanta ji´s concern and express my fullest support to the cause. State has foremost responsibility to protect civilians, so, the security personnel´s behavior draws more attention. But Maoist claiming to run parallel state are also equally responsible and they shall have to face the consequence sooner or later. There are 12 emblematic cases identified as most serious ones by HR Defenders of Nepal along with OHCHR and other organization. One of the serious case comes from Kavre. In spite of court order Agni Sapkota,accused in the murder case of Arjun Lama, did not appear in the court. We recommended Government to start judicial process against perpetrators from both sides. One fact i must accept that state is brought on the book more strongly in comparison to non-state actors. And the balance is seemingly missing. It does not mean to affirm that non state actors get immune in the cases of grave abuses. We want to influence the state so that they get reason to act efficiently against all perpetrators without discrimination.
- Subodh Raj Pyakurel
Selective justice
DR HARI BANSHA DULAL
On Dec 12, Major Niranjan Basnet – a prime accused in the torture and murder of Maina Sunar – was arrested and taken into custody by the Military Police. The arrest of Basnet has gotten lately dormant human rights groups all excited, who now want him to be tried in a civilian court. What is wrong with that? If we look at it purely from a judicial point of view, there is nothing wrong with that. Trying security personnel in civilian court might flood courts and outstrip their institutional capacity but other than that, there should be no problem trying him in the court. But the issue here is not whether or not he should be tried in the civilian court. The larger issue here is whether or not there is a pattern when it comes to holding people accountable for human rights abuses. If we take a step back and look at the people that human rights groups in Nepal want to be put on trial, it soon becomes crystal clear that these groups want selective justice.
Why just smaller fishes like Basnet or for that matter only security personnel? Why not Pushpa Kamal Dahal, Baburam Bhattarai and the likes that initiated the insurgency in the first place? Shouldn’t the people that initiated insurgency, and under whose watch, the Maoists cadres mercilessly butchered innocent civilians be held accountable for their crimes? Personally, I have not seen any human rights activists calling for prosecution of Dahal, Bhattarai and the likes for human rights abuses in public. Am I the one that missed Nepali human rights activists’ call for comprehensive justice or is it them who are in a secret mission of poaching soft targets? Looking at what human rights groups in Nepal are engaged in, it becomes clear that they are driven by political agendas. When it comes to deciding who to go after, they are clearly not merely seeking judicial justice. It is profoundly political.
Where is justice when the people who initiated the insurgency that turned a peaceful nation into a killing field are let off the hook and the ones that were forced to defend the state are selectively picked for prosecution? Human rights abusers have to be punished irrespective of who they are and what their position is in the society. It is not only the state, more specifically, the Nepali Army, which is responsible for the past human rights abuses in Nepal. What about the human rights abuses committed by the then CPN (Maoist)? The Maoists that killed journalists Birendra Sah and Dikendra Thapa are still untouched and human rights activists do not seem to be very enthusiastic in making sure that their children have faith in human rights defenders when they grow up. The daughters of Armed Police Force Chief Late Krishna Mohan Shrestha are still waiting for justice to be served. By now, the children of Brigadier General Sagar Bahadur Pandey, who along with his wife was killed by the landmine set up by the Maoists’ in 2003, must have given up their hope of seeing the killers of their parents being punished. It is not only the security personnel but also civil servants that were butchered by the Maoists during the insurgency. The Maoists insurgents that killed Chief District Officer Damodar Pant in Jumla in 2002 are yet to be brought to justice. In many instances, not only the people that were performing their duties, but their family members, too, were targeted. In 2005, the Maoists wiped out an entire family of a policeman, including three women in the family and a one-year old child, at Attariya in Kailali district. Why aren’t the human rights activists talking about the rights of a child that was fourteen years younger than Sunar?
In a poor country like Nepal, where an individual’s future potential is contingent upon the endowment his or her family possesses and where endowment determines entitlements, shouldn’t the Maoists that wiped out these kids’ income-generating parents be held responsible for destroying their future potential? Strangely, the human rights community seems to have no compassion for the loss suffered by the people whose loved ones were killed serving the nation. These people were there not because they wanted to fight the insurgents that wanted to bring down the state on their own. They were there because the state wanted them to be there and defend the state. The human rights community might not have realized this but by keeping silent on the plight of the family members of all fallen heroes, they are demoralizing thousands of servicemen that genuinely want to contribute towards peace, stability and security of the nation.
By cherry-picking the selected cases involving security personnel and remaining silent on the atrocities committed by the Maoists, human rights activists in Nepal are making it easier for the government, which is increasingly tilting towards the right to accuse them of being “leftist delinquents.” If these right groups do not correct their ways, they will be increasingly seen and treated as enemies instead of allies in the advancement of human rights. The governments in poor developing countries do not human rights groups seriously because these groups themselves time and again show that they have political agendas. It is high time that the human rights groups in Nepal analyze both their actions and inactions and the far-reaching consequences of both. Protecting human rights requires much more than appearing on television, writing opinion pieces, and putting out statements.
Basic human rights that human rights activists in Nepal are claiming to be fighting for are supposed to be about justice. Where is justice when the people who initiated the insurgency that turned a peaceful nation into a killing field are let off the hook and the ones that were forced to defend the state are selectively picked for prosecution? For human rights activists to be credible, respected and effective, they should be pushing for the prosecution of all those who violated human rights precepts. Justice is only justice if it is consistent. If justice is selective, it is injustice!
hbdulal@gmail.com
Published on 2009-12-21 00:30:10
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Well said! I second that.
- buzz
This "Dr" has definitely not read some sobering statistics about human rights abuses carried out during the conflict. He can start with OHCHR´s reports on Bhairabnath and Bardiya to get a sense of the PROPORTION of violations committed by the Nepal Army.
- Simi
Who but a Ph D could so eloquently defend the right of soldiers to torture and murder 15 year old girls without being inconvenienced by courts? A less educated advocate of the status quo would simply say "there is no consensus" between you who wish to put him on trial and we who don´t. So naturally nothing can be done.
But really, how long do you imagine that the status quo can last when its defenders have to resort to rejecting the trial of people accused of torture and murder of 15 year old girls?
It is very hard for a foreigner to understand this feudal mindset of Nepal´s "elite". Does anyone in Nepal actually care what people like this want. Is it still necessary to have "consensus" with them? Or can you just put people charged with torture and murder on trial like any normal country and not seek "consensus" about that.
- Arthur
Arthur, If you are really a foreigner, you are definitely not a native english speaker. Read the article carefully and you will realize that the author is asking for "comprehensive justice." What that means in english is that everyone involved in human rights abuses should be brought to justice. How is that a bad thing? Before jumping into any hasty conclusion, read the article carefully. And, yes, people that kill innocent civilians, grab private properties, and destroy public property are progressive, for you. Which foreign country do you live in and is that how progressives behave/act in your country? And, if they did, what would your government do?
Don´t preach! There are enough nepali in Nepal that have seen western countries, first hand. We all know what the government does to defend life. liberty, and right to own property.
- Sujeet Ghimire
Yes .. the violators of human rights should be punished...its not that only army or security forces violates the human rights... Its the great comrades who believe that they are the ones for theso called civilian supremecy (for the people who obey their principle of loot,terrorism, etc its civilian supremacy).. aren´t they violating the human right ???
- sarbahara nepal
@ The person editing the comments
Selective comment picking?? even in the online mode where you have tons of spce both for intellectual adversity and dialogue and for publishing??
Interesting...
- Ratnakar
Well Written! Bravo Dr. Dulal.
Like, Dr. Martin Luther King Jr once said, "“In the end, we will remember not the words of our enemies, but the silence of our friends.”
I agree 101% with Dr Dulal´s article. So called inefficient Human Rights activists of Nepal or abroad should be ashamed of themselves for this cowardly achievement.
Thanks.
- Pritaz
I entirely agree with this opinion. Why selective justice. If then Royal Army personnel have to be tried then the ruling party, Prime Ministers should also be held accountable as they are the one who gave order. But these so called Human Right activist has only one agenda that is to be mouthpiece of Maoist and they only shout when maoist interest are hurt. The So called Human right group and so called Nagarik Samaj has lost all the credibility before the eye of Nepali people. If anyone should be punished it is Terrorist organization like Maoist who has killed, destroyed and now in verge of partitioning and destroying the country. Where is this so called Human right and Nagarik Samaj ka Haguwa when these terrorist are calling three day bandh and all rights of people to move freely and carry on their normal life is hampered, food price is sky rocketing and common people are starving, where are they ? if these things carry on for much more then real people of Nepal have to carry out cleaning these dirty bags from Nepal forever, that day no one will be crying for these shitheads.
- saru
Well said, Dr. Dulal. You are my Nepali Journalist Hero of the Year 2009. MyRepublica.com / Republica News Portal is my Best Nepali News Portal of the Year 2009. Kudos.
Human rights groups in Nepal have hidden political agenda, as we all know it for long time. Therefore, their actions are always escape goats. It is not fair and balanced by bringing Mr. Basnet to the court. The main cultprit in this whole saga as Dr. Dualal has correctly pointed out is Mr. Prachanda. He should be tried in court for the genocide and mass murders like in Madi, journalists like Shah, Dekendra, Mr. Karki, and so many. Human rightists in Nepal always excuse Maoists, and their excuse is always "They come from Jungle, so they don´t know the rule of law." Is it enough? Should not Ram Hari Shrestha get justice? We must remember that Dr. Dulal was pointing finger towards human rights group by asking them to be balanced and bring all the culprits to the record and get fair trials on either side. In current Nepal, every Maoist supporters try to point finger only on Nepal Army, and just shield all the bad behaviors of Maoists. Even UNHCR is keeping blind eyes on Maoists, is that fair? It is because UN is an organization run by never publicly tested cunning people in the world. Whose goal is always to sympathetize the opponents of people i.e. so called rebels, so that they can get huge chunk of money in contract, TA/DA, and extending their luxurious life all around the world.
Maoists, particularly, Prachanda and Kham must be tried in court.
Thank you, Dr. Dulal, for your courage to stand behind these poor sons and daughters who risked their life by joining Nepal army, to protect our rights to remain away from dictators like Prachanda. I suggest Nepali people to say thank you to the Nepali Army boys when they walk around you. You should not consider that all the Nepal Army boys who dedicate their life to protect us are bad guys, yes there are some bad apples, but it is statistical, and they should be certainly brough to justice, but at the same time, Maoists should not forgotten for their crime against humanity. Period.
GyaRel
- GyaRel
Excellent Article..!!! Well written and analyzed.
I agree completely with the author that the so called Human Right Activists of Nepal should open their eyes and bring to book those big fish like Puspa Kamal Dahal and his Maoist party before its too late to ruin their image.
Well said, these Human Right Activists of Nepal are just PUPPET of some groups,indeed.
And one more question for all; Why we Nepalese people are so benevolent to accept Maoists as our leaders(?) when they have committed such excesses of killing our innocent fellow people???? These Puspa Kamal and his comrade friends should be tried in the court............Yes, we ant JUSTICE..................fair justice...............indeed
- A.Kharel
Awesome, except that you defeat your own case by your biased rant against the Maoists.
Would you write a similar [paper if the accused were Maoists cadres and ask for investigation into the torture by army men?
Would you?
If justice is selective, it is injustice!, then Dr. Saab you seem to be the perpetrator of injustice.
- Ratnakar
Amartya Sen, in his book "The Idea of Justice" writes that we can choose to do something about the injustices that emerge from a conscious "design of those wanting to bring about that outcome".
As Dulal puts it:"Justice is only justice if it is consistent." Human Rights activists should push for the punishment of all perpetrators instead of indulging in cherry-picking.Nepal is well known for its culture of impunity. If the Maoists are excused, shouldn�t Major Basnet be excused?
If Major Basnet gets punished, so should the Maoists and vice-versa.Everyone is equal in the eyes of the law.The sooner these Human Rights activists realize this, the better.
- Prashanna Mahat
Nicely done, Dr. Dulal. I agree that the Nepali human rights� organizations are mostly driven by political agenda than by the universal message of rights. Secondly, we sorely miss an united, effective national voice that asks, "What is collectively good for our country and her further?" Abuses of human dignity in all shapes are wrong. Cliche or not, justice delayed is justice denied.
- KNP
This msg is for Arthur. Obviously the lefties from west are hellbent on bringing commies to power in Nepal. One thing is striking how you people could live with yourself with blatant hypocrisy is beyond my imagination.
Why doesn�t human rights apply across the board as the writer pointed out?
- buzz
As I wrote earlier that Dr. Dulal is my Nepali Journalist of the Year 2009, and MyRepublica.com / Republica is my Nepali news portal of the year 2009. Why? Read the following article on Dec. 22´s letter to the editor section. It shows the power of the Republica. In just one year, Republica has replaced the other English and Nepali News Dailies, it is because the team matters. It is the same team that had courage to publish the deman of several hundred thousand rupees by Maoists several years ago. My hat off salute. Read the article on the op-ed page, URL: http://www.myrepublica.com/e/component/flippingbook/book/25-republica-dec-22/1-republica.html
You should read the second paragraph on the second column of the letter written by Mr. R. Bennet. He writes, "It may at times seems that human rights organizations direct most of their criticisms towards the leaders of the government rather than Maoists party leadership ...."
Mr. Bennet, it is not some time, it is almost 99% of the time you and your Nepali counterpart human rights organizations go behind government, if you don´t believe just look at your bulletine in Dec 21´s Maoist attack on Police Officers. You are very soft on the Maoists, but you accuse Police Officers of attacking and going beyond the line. You forgot that Mr. Chaudhary was attacked in a preplanned manner, and provoked by Maoists News Media, and you failed to provide any clue on this part of the news. How biased you are? It is because your guys are UN-tested people running political organizations. You are always biased towards the so called rebels so that you can continue to get our tax paid money make lavish life in your home country. Shame on you.
Your logic of attacking only leaders of the government is a shame on your side. In few months, you will see more outburst from public against you so called UN-human rights organizations, as people come to know more and more about you guys. You have hidden political and money making agenda, nothing less nothing more. You are not for Nepali publics, otherwise what were you doing when Ram Hari Shrestha was killed in a camp monitored by you and your sister organizations. You give free ride to Maoists, because your excuse is, "Maoists are from jungle, and they don´t have to behave." Sometime, you run ads to fool common Nepali people as if you are real human rights organizations. You are running crocodile tears. People will slowly undestand it. Either change your behavior, or you will soon be dumped by people as UN-useful bunch of idiots.
If you have a got, write a full length article in Republica with a balanced view on Goverment´s mistakes, and Maoist mistakes. We know that there are some bad apples in government, but you guys are showing government is too bad, but Maoists are very good and some bad apples within Maoists are acceptable because it is rare. You are slowly being rejected by people, if you don´t change your position and turn yourself to be a true human rights organizations.
Good luck to you.
GyaRel
- GyaRel
DR. DULAL,...!!!! Well written and bravely written article....CONGRATULATIONS......after all, JUSTICE is JUSTICE..........it should be equal to all.........Now, its major Basnet´s turn, tomorrow should be Prachanda´s turn,day after Babu Ram´s turn and their entire party leaders turn.................perhaps!!! And THROW AWAY those so called Human Rights Group of Nepal.......WE DO NOT NEED THEM........
- Pradyumna S
I think this whole Maina Sunuwar-Major Basnet hoax was created by some journalist in Republica who either was following some hoax himself or had personal issues with the man. The military court had already found the guilty long ago, and their rulings was indeed a correct one. Regarding the double standards of justice, we need to talk to the donors who fund the human rights and enlighten them about the wrong things their hard earned money is wasted on. An extensive google search will help us find many donors.
- Rakesh
@buzz
forget the commies from the west, i am a commie from nepal and so are the more than 50 percent voters who voted for the different commie parties be it maobadi ae-male and other smaller baam parties.
One thing I do not understand is why you are so hell bent on exscluding commies from power in Nepal? Forget your apprehensions, no matter what the Mao-badi says, one party rule is not going to happen- period.
besides the idea of selective justice, I leave to you a historical question.
read the Nuremberg trials and ask yourself why Harry Truman was not punished for dropping the atomic bombs in nagasaki and Hiroshima?
Besides, as I have consistently raised; Captain basnet was a State paid soldier out there to defend his countrymen not to rape and kill women. I am not saying he is guilty but allegations should be probed by a CIVILIAN court.
But then , you would perhaps want an army rule, who knows??
despite my ramblings, I have but a single point to make; Nepal is a polarised society between people like you, who think the Maoists are a bag of shit and people like me, who believe they have championed the cause and done more than 12 years of NC rule. hence, the only option avaialable is to sit down and find some common ground. true, it will be hard for people who have had friends and relatives killed by the Royal Army and vice versa, but there is no escaping it, there is no other option if Nepal is to survive.
Peace
- Ratnesh
@ Prashanna Mahat
Nice point, why stop with Prachanda and company?
What about the punishment for Girija babu, Sher bahadur Deuba, Ram sharan mahat and the like?
Why dont we hear about calls for their punishments?
I lost a family member to the wonderful Royal Army at Bhairabnath. Should not the then government be responsible??
Atleast, i believe they should.
Anyways, a hypothetical situation for you
Lets say, Ram has a second marriage and his first wife does not file a complaint. he is living happily. Now Shyam does the same, but his wife files a complaint in the court. now can the court dispense of her petition saying that Ram is not suffering the consequences, why should Shyam suffer. it would be a miscarriage of justice.
See, where your logic leads to?
Talk to maina Sunuwar´s mom and tell her that the only reason the major should go free is because npoone else has been caught.
We do start somewhere right, despite our political afflictions and bias?
- Ratnakar
Selective Justice
On Dec 12, Major Niranjan Basnet – a prime accused in the torture and murder of Maina Sunar – was arrested and taken into custody by the Military Police. The arrest of Basnet has gotten lately dormant human rights groups all excited, who now want him to be tried in a civilian court. What is wrong with that? If we look at it purely from a judicial point of view, there is nothing wrong with that. Trying security personnel in civilian court might flood courts and outstrip their institutional capacity but other than that, there should be no problem trying him in the court. But the issue here is not whether or not he should be tried in the civilian court. The larger issue here is whether or not there is a pattern when it comes to holding people accountable for human rights abuses. If we take a step back and look at the people that human rights groups in Nepal want to be put on trial, it soon becomes crystal clear that these groups want selective justice.
Why just smaller fishes like Basnet or for that matter only security personnel? Why not Pushpa Kamal Dahal, Baburam Bhattarai and the likes that initiated the insurgency in the first place? Shouldn’t the people that initiated insurgency, and under whose watch, the Maoists cadres mercilessly butchered innocent civilians be held accountable for their crimes? Personally, I have not seen any human rights activists calling for prosecution of Dahal, Bhattarai and the likes for human rights abuses in public. Am I the one that missed Nepali human rights activists’ call for comprehensive justice or is it them who are in a secret mission of poaching soft targets? Looking at what human rights groups in Nepal are engaged in, it becomes clear that they are driven by political agendas. When it comes to deciding who to go after, they are clearly not merely seeking judicial justice. It is profoundly political.
Where is justice when the people who initiated the insurgency that turned a peaceful nation into a killing field are let off the hook and the ones that were forced to defend the state are selectively picked for prosecution? Human rights abusers have to be punished irrespective of who they are and what their position is in the society. It is not only the state, more specifically, the Nepali Army, which is responsible for the past human rights abuses in Nepal. What about the human rights abuses committed by the then CPN (Maoist)? The Maoists that killed journalists Birendra Sah and Dikendra Thapa are still untouched and human rights activists do not seem to be very enthusiastic in making sure that their children have faith in human rights defenders when they grow up. The daughters of Armed Police Force Chief Late Krishna Mohan Shrestha are still waiting for justice to be served. By now, the children of Brigadier General Sagar Bahadur Pandey, who along with his wife was killed by the landmine set up by the Maoists’ in 2003, must have given up their hope of seeing the killers of their parents being punished. It is not only the security personnel but also civil servants that were butchered by the Maoists during the insurgency. The Maoists insurgents that killed Chief District Officer Damodar Pant in Jumla in 2002 are yet to be brought to justice. In many instances, not only the people that were performing their duties, but their family members, too, were targeted. In 2005, the Maoists wiped out an entire family of a policeman, including three women in the family and a one-year old child, at Attariya in Kailali district. Why aren’t the human rights activists talking about the rights of a child that was fourteen years younger than Sunar?
In a poor country like Nepal, where an individual’s future potential is contingent upon the endowment his or her family possesses and where endowment determines entitlements, shouldn’t the Maoists that wiped out these kids’ income-generating parents be held responsible for destroying their future potential? Strangely, the human rights community seems to have no compassion for the loss suffered by the people whose loved ones were killed serving the nation. These people were there not because they wanted to fight the insurgents that wanted to bring down the state on their own. They were there because the state wanted them to be there and defend the state. The human rights community might not have realized this but by keeping silent on the plight of the family members of all fallen heroes, they are demoralizing thousands of servicemen that genuinely want to contribute towards peace, stability and security of the nation.
By cherry-picking the selected cases involving security personnel and remaining silent on the atrocities committed by the Maoists, human rights activists in Nepal are making it easier for the government, which is increasingly tilting towards the right to accuse them of being “leftist delinquents.” If these right groups do not correct their ways, they will be increasingly seen and treated as enemies instead of allies in the advancement of human rights. The governments in poor developing countries do not human rights groups seriously because these groups themselves time and again show that they have political agendas. It is high time that the human rights groups in Nepal analyze both their actions and inactions and the far-reaching consequences of both. Protecting human rights requires much more than appearing on television, writing opinion pieces, and putting out statements.
Basic human rights that human rights activists in Nepal are claiming to be fighting for are supposed to be about justice. Where is justice when the people who initiated the insurgency that turned a peaceful nation into a killing field are let off the hook and the ones that were forced to defend the state are selectively picked for prosecution? For human rights activists to be credible, respected and effective, they should be pushing for the prosecution of all those who violated human rights precepts. Justice is only justice if it is consistent. If justice is selective, it is injustice!
hbdulal@gmail.com
Published on 2009-12-21 00:30:10
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Share
PLEASE DESIST FROM ATTACKING THE WRITER PERSONALLY AND BE RESPECTFUL TO OTHER READERS.
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ALL COMMENTS
Well said! I second that.
- buzz
This "Dr" has definitely not read some sobering statistics about human rights abuses carried out during the conflict. He can start with OHCHR´s reports on Bhairabnath and Bardiya to get a sense of the PROPORTION of violations committed by the Nepal Army.
- Simi
Who but a Ph D could so eloquently defend the right of soldiers to torture and murder 15 year old girls without being inconvenienced by courts? A less educated advocate of the status quo would simply say "there is no consensus" between you who wish to put him on trial and we who don´t. So naturally nothing can be done.
But really, how long do you imagine that the status quo can last when its defenders have to resort to rejecting the trial of people accused of torture and murder of 15 year old girls?
It is very hard for a foreigner to understand this feudal mindset of Nepal´s "elite". Does anyone in Nepal actually care what people like this want. Is it still necessary to have "consensus" with them? Or can you just put people charged with torture and murder on trial like any normal country and not seek "consensus" about that.
- Arthur
Arthur, If you are really a foreigner, you are definitely not a native english speaker. Read the article carefully and you will realize that the author is asking for "comprehensive justice." What that means in english is that everyone involved in human rights abuses should be brought to justice. How is that a bad thing? Before jumping into any hasty conclusion, read the article carefully. And, yes, people that kill innocent civilians, grab private properties, and destroy public property are progressive, for you. Which foreign country do you live in and is that how progressives behave/act in your country? And, if they did, what would your government do?
Don´t preach! There are enough nepali in Nepal that have seen western countries, first hand. We all know what the government does to defend life. liberty, and right to own property.
- Sujeet Ghimire
Yes .. the violators of human rights should be punished...its not that only army or security forces violates the human rights... Its the great comrades who believe that they are the ones for theso called civilian supremecy (for the people who obey their principle of loot,terrorism, etc its civilian supremacy).. aren´t they violating the human right ???
- sarbahara nepal
@ The person editing the comments
Selective comment picking?? even in the online mode where you have tons of spce both for intellectual adversity and dialogue and for publishing??
Interesting...
- Ratnakar
Well Written! Bravo Dr. Dulal.
Like, Dr. Martin Luther King Jr once said, "“In the end, we will remember not the words of our enemies, but the silence of our friends.”
I agree 101% with Dr Dulal´s article. So called inefficient Human Rights activists of Nepal or abroad should be ashamed of themselves for this cowardly achievement.
Thanks.
- Pritaz
I entirely agree with this opinion. Why selective justice. If then Royal Army personnel have to be tried then the ruling party, Prime Ministers should also be held accountable as they are the one who gave order. But these so called Human Right activist has only one agenda that is to be mouthpiece of Maoist and they only shout when maoist interest are hurt. The So called Human right group and so called Nagarik Samaj has lost all the credibility before the eye of Nepali people. If anyone should be punished it is Terrorist organization like Maoist who has killed, destroyed and now in verge of partitioning and destroying the country. Where is this so called Human right and Nagarik Samaj ka Haguwa when these terrorist are calling three day bandh and all rights of people to move freely and carry on their normal life is hampered, food price is sky rocketing and common people are starving, where are they ? if these things carry on for much more then real people of Nepal have to carry out cleaning these dirty bags from Nepal forever, that day no one will be crying for these shitheads.
- saru
Well said, Dr. Dulal. You are my Nepali Journalist Hero of the Year 2009. MyRepublica.com / Republica News Portal is my Best Nepali News Portal of the Year 2009. Kudos.
Human rights groups in Nepal have hidden political agenda, as we all know it for long time. Therefore, their actions are always escape goats. It is not fair and balanced by bringing Mr. Basnet to the court. The main cultprit in this whole saga as Dr. Dualal has correctly pointed out is Mr. Prachanda. He should be tried in court for the genocide and mass murders like in Madi, journalists like Shah, Dekendra, Mr. Karki, and so many. Human rightists in Nepal always excuse Maoists, and their excuse is always "They come from Jungle, so they don´t know the rule of law." Is it enough? Should not Ram Hari Shrestha get justice? We must remember that Dr. Dulal was pointing finger towards human rights group by asking them to be balanced and bring all the culprits to the record and get fair trials on either side. In current Nepal, every Maoist supporters try to point finger only on Nepal Army, and just shield all the bad behaviors of Maoists. Even UNHCR is keeping blind eyes on Maoists, is that fair? It is because UN is an organization run by never publicly tested cunning people in the world. Whose goal is always to sympathetize the opponents of people i.e. so called rebels, so that they can get huge chunk of money in contract, TA/DA, and extending their luxurious life all around the world.
Maoists, particularly, Prachanda and Kham must be tried in court.
Thank you, Dr. Dulal, for your courage to stand behind these poor sons and daughters who risked their life by joining Nepal army, to protect our rights to remain away from dictators like Prachanda. I suggest Nepali people to say thank you to the Nepali Army boys when they walk around you. You should not consider that all the Nepal Army boys who dedicate their life to protect us are bad guys, yes there are some bad apples, but it is statistical, and they should be certainly brough to justice, but at the same time, Maoists should not forgotten for their crime against humanity. Period.
GyaRel
- GyaRel
Excellent Article..!!! Well written and analyzed.
I agree completely with the author that the so called Human Right Activists of Nepal should open their eyes and bring to book those big fish like Puspa Kamal Dahal and his Maoist party before its too late to ruin their image.
Well said, these Human Right Activists of Nepal are just PUPPET of some groups,indeed.
And one more question for all; Why we Nepalese people are so benevolent to accept Maoists as our leaders(?) when they have committed such excesses of killing our innocent fellow people???? These Puspa Kamal and his comrade friends should be tried in the court............Yes, we ant JUSTICE..................fair justice...............indeed
- A.Kharel
Awesome, except that you defeat your own case by your biased rant against the Maoists.
Would you write a similar [paper if the accused were Maoists cadres and ask for investigation into the torture by army men?
Would you?
If justice is selective, it is injustice!, then Dr. Saab you seem to be the perpetrator of injustice.
- Ratnakar
Amartya Sen, in his book "The Idea of Justice" writes that we can choose to do something about the injustices that emerge from a conscious "design of those wanting to bring about that outcome".
As Dulal puts it:"Justice is only justice if it is consistent." Human Rights activists should push for the punishment of all perpetrators instead of indulging in cherry-picking.Nepal is well known for its culture of impunity. If the Maoists are excused, shouldn�t Major Basnet be excused?
If Major Basnet gets punished, so should the Maoists and vice-versa.Everyone is equal in the eyes of the law.The sooner these Human Rights activists realize this, the better.
- Prashanna Mahat
Nicely done, Dr. Dulal. I agree that the Nepali human rights� organizations are mostly driven by political agenda than by the universal message of rights. Secondly, we sorely miss an united, effective national voice that asks, "What is collectively good for our country and her further?" Abuses of human dignity in all shapes are wrong. Cliche or not, justice delayed is justice denied.
- KNP
This msg is for Arthur. Obviously the lefties from west are hellbent on bringing commies to power in Nepal. One thing is striking how you people could live with yourself with blatant hypocrisy is beyond my imagination.
Why doesn�t human rights apply across the board as the writer pointed out?
- buzz
As I wrote earlier that Dr. Dulal is my Nepali Journalist of the Year 2009, and MyRepublica.com / Republica is my Nepali news portal of the year 2009. Why? Read the following article on Dec. 22´s letter to the editor section. It shows the power of the Republica. In just one year, Republica has replaced the other English and Nepali News Dailies, it is because the team matters. It is the same team that had courage to publish the deman of several hundred thousand rupees by Maoists several years ago. My hat off salute. Read the article on the op-ed page, URL: http://www.myrepublica.com/e/component/flippingbook/book/25-republica-dec-22/1-republica.html
You should read the second paragraph on the second column of the letter written by Mr. R. Bennet. He writes, "It may at times seems that human rights organizations direct most of their criticisms towards the leaders of the government rather than Maoists party leadership ...."
Mr. Bennet, it is not some time, it is almost 99% of the time you and your Nepali counterpart human rights organizations go behind government, if you don´t believe just look at your bulletine in Dec 21´s Maoist attack on Police Officers. You are very soft on the Maoists, but you accuse Police Officers of attacking and going beyond the line. You forgot that Mr. Chaudhary was attacked in a preplanned manner, and provoked by Maoists News Media, and you failed to provide any clue on this part of the news. How biased you are? It is because your guys are UN-tested people running political organizations. You are always biased towards the so called rebels so that you can continue to get our tax paid money make lavish life in your home country. Shame on you.
Your logic of attacking only leaders of the government is a shame on your side. In few months, you will see more outburst from public against you so called UN-human rights organizations, as people come to know more and more about you guys. You have hidden political and money making agenda, nothing less nothing more. You are not for Nepali publics, otherwise what were you doing when Ram Hari Shrestha was killed in a camp monitored by you and your sister organizations. You give free ride to Maoists, because your excuse is, "Maoists are from jungle, and they don´t have to behave." Sometime, you run ads to fool common Nepali people as if you are real human rights organizations. You are running crocodile tears. People will slowly undestand it. Either change your behavior, or you will soon be dumped by people as UN-useful bunch of idiots.
If you have a got, write a full length article in Republica with a balanced view on Goverment´s mistakes, and Maoist mistakes. We know that there are some bad apples in government, but you guys are showing government is too bad, but Maoists are very good and some bad apples within Maoists are acceptable because it is rare. You are slowly being rejected by people, if you don´t change your position and turn yourself to be a true human rights organizations.
Good luck to you.
GyaRel
- GyaRel
DR. DULAL,...!!!! Well written and bravely written article....CONGRATULATIONS......after all, JUSTICE is JUSTICE..........it should be equal to all.........Now, its major Basnet´s turn, tomorrow should be Prachanda´s turn,day after Babu Ram´s turn and their entire party leaders turn.................perhaps!!! And THROW AWAY those so called Human Rights Group of Nepal.......WE DO NOT NEED THEM........
- Pradyumna S
I think this whole Maina Sunuwar-Major Basnet hoax was created by some journalist in Republica who either was following some hoax himself or had personal issues with the man. The military court had already found the guilty long ago, and their rulings was indeed a correct one. Regarding the double standards of justice, we need to talk to the donors who fund the human rights and enlighten them about the wrong things their hard earned money is wasted on. An extensive google search will help us find many donors.
- Rakesh
@buzz
forget the commies from the west, i am a commie from nepal and so are the more than 50 percent voters who voted for the different commie parties be it maobadi ae-male and other smaller baam parties.
One thing I do not understand is why you are so hell bent on exscluding commies from power in Nepal? Forget your apprehensions, no matter what the Mao-badi says, one party rule is not going to happen- period.
besides the idea of selective justice, I leave to you a historical question.
read the Nuremberg trials and ask yourself why Harry Truman was not punished for dropping the atomic bombs in nagasaki and Hiroshima?
Besides, as I have consistently raised; Captain basnet was a State paid soldier out there to defend his countrymen not to rape and kill women. I am not saying he is guilty but allegations should be probed by a CIVILIAN court.
But then , you would perhaps want an army rule, who knows??
despite my ramblings, I have but a single point to make; Nepal is a polarised society between people like you, who think the Maoists are a bag of shit and people like me, who believe they have championed the cause and done more than 12 years of NC rule. hence, the only option avaialable is to sit down and find some common ground. true, it will be hard for people who have had friends and relatives killed by the Royal Army and vice versa, but there is no escaping it, there is no other option if Nepal is to survive.
Peace
- Ratnesh
@ Prashanna Mahat
Nice point, why stop with Prachanda and company?
What about the punishment for Girija babu, Sher bahadur Deuba, Ram sharan mahat and the like?
Why dont we hear about calls for their punishments?
I lost a family member to the wonderful Royal Army at Bhairabnath. Should not the then government be responsible??
Atleast, i believe they should.
Anyways, a hypothetical situation for you
Lets say, Ram has a second marriage and his first wife does not file a complaint. he is living happily. Now Shyam does the same, but his wife files a complaint in the court. now can the court dispense of her petition saying that Ram is not suffering the consequences, why should Shyam suffer. it would be a miscarriage of justice.
See, where your logic leads to?
Talk to maina Sunuwar´s mom and tell her that the only reason the major should go free is because npoone else has been caught.
We do start somewhere right, despite our political afflictions and bias?
- Ratnakar
Selective Justice
Saturday, December 12, 2009
मैना हत्याकाण्डका आरोपित मेजर बस्नेत राष्ट्रसङ्घीय मिसनबाट फिर्ता
काठमाडौँ, मंसिर २५ (नागरिक)- संयुक्त राष्ट्रसङ्घीय मिसन, चाड (अफ्रिका) मा शान्ति स्थापनाका लागि खटिएका नेपाली सेनाका मेजर निरञ्जन बस्नेत बिहीबार राति नेपाल फर्कंदै छन्। मैना सुनुवार हत्याकाण्डका चार आरोपितमध्ये बस्नेतलाई राष्ट्रसङ्घले जिम्मेवारीबाट मुक्त गरेको हो।
मैनाकी आमा देवीले दोषीउपर कारबाही गर्न प्रधानमन्त्री माधवकुमार नेपाललाई पत्र लेखेको साता दिन नबित्दै बस्नेत मिसनबाट फर्किन लागेका हुन्। देवीले २३ मंसिरमा प्रधानमन्त्रीलाई पत्र लेख्दै दोषीउपर कारबाही गर्न माग गरेकी थिइन्।
सन् २००४ मा काभ्रेकी १५ वर्षीया किशोरी मैना सुनारलाई सेनाको ब्यारेकमा लगी हत्या गरिएको घटना गम्भीर मानवअधिकार हनन मुद्दाका रुपमा राष्ट्रिय तथा अन्तर्राष्ट्रिय चासको विषय बनेको थियो।
मैना हत्याका आरोपीमध्ये बस्नेतमात्र हाल सेनामा कार्यरत् छन्। काभ्रे जिल्ला अदालतले हत्यामा संलग्न भएको आरोपमा बस्नेतलाई निलम्बन गर्ने आदेश दिए पनि सेनाले अदालतको आदेश पालन गरेको छैन। अदालतले बस्नेतबाहेक नेपाली सेनाका तत्कालीन महासेनानी बबी खत्री, सहसेनानीहरु सुनील अधिकारी, अमित पुनलाई समेत कारबाही आदेश दिएको थियो। यी तीनै सैनिक अधिकृत हाल सैन्य सेवामा छैनन्।
सेनाको अनुसन्धानमा बस्नेत दोषी नदेखिएकाले उनलाई कोर्ट मार्सल नभएको नेपाली सेनाले जनाउँदै आएको छ।
http://www.nagariknews.com/politics/defence/8026-2009-12-10-12-04-52.html
मैनाकी आमा देवीले दोषीउपर कारबाही गर्न प्रधानमन्त्री माधवकुमार नेपाललाई पत्र लेखेको साता दिन नबित्दै बस्नेत मिसनबाट फर्किन लागेका हुन्। देवीले २३ मंसिरमा प्रधानमन्त्रीलाई पत्र लेख्दै दोषीउपर कारबाही गर्न माग गरेकी थिइन्।
सन् २००४ मा काभ्रेकी १५ वर्षीया किशोरी मैना सुनारलाई सेनाको ब्यारेकमा लगी हत्या गरिएको घटना गम्भीर मानवअधिकार हनन मुद्दाका रुपमा राष्ट्रिय तथा अन्तर्राष्ट्रिय चासको विषय बनेको थियो।
मैना हत्याका आरोपीमध्ये बस्नेतमात्र हाल सेनामा कार्यरत् छन्। काभ्रे जिल्ला अदालतले हत्यामा संलग्न भएको आरोपमा बस्नेतलाई निलम्बन गर्ने आदेश दिए पनि सेनाले अदालतको आदेश पालन गरेको छैन। अदालतले बस्नेतबाहेक नेपाली सेनाका तत्कालीन महासेनानी बबी खत्री, सहसेनानीहरु सुनील अधिकारी, अमित पुनलाई समेत कारबाही आदेश दिएको थियो। यी तीनै सैनिक अधिकृत हाल सैन्य सेवामा छैनन्।
सेनाको अनुसन्धानमा बस्नेत दोषी नदेखिएकाले उनलाई कोर्ट मार्सल नभएको नेपाली सेनाले जनाउँदै आएको छ।
http://www.nagariknews.com/politics/defence/8026-2009-12-10-12-04-52.html
Thursday, December 10, 2009
मैना हत्याका आरोपी सेनानी निर्दोष रहेको सेनाको जिकिर
बिहिवार, 10 डिसेम्बर 2009 09:42 नागरिक
काठमाडौं, मंसिर २५ (नागरिक)- मैना सुनार हत्यामा आरोपी सेनानी निरञ्जन बस्नेतलाई पक्राउ गर्न अन्तर्राष्ट्रिय दबाब रहेका बेला नेपाली सेनाले उनी निर्दोष भएको जिकिर गरेको छ। उक्त घटनामा बस्नेत संलग्न नरहेको भन्दै सेनाले सरकारमार्फत् राष्ट्रसंघस्थित शान्ति सेना मिसनलाई सफाइपत्र बुझाएको छ।
चाडस्थित शान्ति मिसनमा रहेका बस्नेतलाई फिर्ता बोलाउन राष्ट्रसंघले नेपाली सेनालाई औपचारिक पत्र लेखेको थियो।
जंगीअड्डाले उनको बचाउ गर्दै हत्याकाण्डमा संलग्न व्यक्तिलाई सैनिक ऐनबमोजिम कारबाही गरिसकेको उदाहरणसमेत पेस गरेको छ।
'सेनाको स्वतन्त्र छानबिन आयोगले सहसेनानी सुनिल अधिकारी र अमित पुनलाई दोषी ठहराएको छ, उनीहरूमाथि कोर्ट मार्सल गरेर जेल सजायसमेत तोकिएको छ,' सहायक रथी एवं सैनिक प्रवक्ता रमीन्द्र क्षेत्रीले नागरिकसित भने, 'बस्नेत दोषमुक्त भएको कुरा सेनाले सरकारमार्फत् युएनमा पत्राचार गरिसकेको छ।'
सन् २००४ मा पाँचखालस्थित वीरेन्द्र शान्ति कार्य तालिम केन्द्रमा सेनाले यातना दिएर मैना सुनारको हत्या गरेको थियो। मैना हत्याकाण्डका अभियुक्त कर्नेल बबी खत्रीले सरकारले पाँच महिनाअघि अवकाश पाइसकेका छन्।
मैनाको हत्या हुँदा बस्नेत पाँचखालमा सहसेनानीका रूपमा कार्यरत थिए। उनी गत भदौमा चाड मिसन खटिएका हुन्। विभिन्न मानवअधिकारवादी संघसंस्थाले सेनानी बस्नेतलाई पनि घटनामा प्रत्यक्ष संलग्न भएको जिकिर गर्दै आएका छन्।
एमनेस्टी इन्टरनेसनलले बुधबार विज्ञप्ति जारी गर्दै अभियुक्त बस्नेतलाई पक्राउ गरी कारबाही गर्नुपर्ने माग गरेको छ। 'अदालतले नै बस्नेतलाई दोषी ठहराएको छ,' एमनेस्टीका कानुनी सल्लाहकार जोनाथ ओ डोनोहुईले भने, 'उनी अझै चाडमा छन् भने नेपाल सरकारले युएन मिसनलाई पक्राउ गरेर नेपाल फर्काउन अनुरोध गर्नुपर्छ।'
नेपालस्थित राष्ट्रसंघीय मानवअधिकार उच्च आयुक्तको कार्यालय (ओएचसिएचआर) ले मैना सुनुवार हत्या काण्डको स्वतन्त्र छानबिन हुनुपर्ने माग राख्दै आएको छ।
ओएचसिएचआरका नेपाल प्रमुख रिचार्ड बेनेटले सेनापति छत्रमानसिंह गुरूङलाई भेटेर मैना काण्डको छानबिनमा सहयोग गर्न अनुरोध गरिसकेका छन्।
अन्तर्राष्ट्रिय मानवअधिकार दिवसको अघिल्लो दिन मैनाकी आमा देवी सुनारले अदालतबाट पक्राउ आदेश जारी भएको महिनौं बित्दा पनि अभियुक्तहरु पक्राउ नभएको भन्दै प्रधानमन्त्री माधवकुमार नेपाललाई खुलापत्र दिएकी थिइन्। 'अभियुक्तमध्येका सेनानी निरञ्जन बस्नेतलाई शान्ति सेनामा पठाएको भन्ने सुन्दा मर्माहत भएकी छु,' उनले पत्रमा भनेकी छन्।
यसैबीच, प्रधानसेनापति छत्रमानसिंह गुरूङले ६१ औँ अन्तर्राष्ट्रिय मानव अधिकार दिवसका अवसरमा नेपाली सेनाले मानव अधिकार तथा अन्तर्राष्ट्रिय मानवीय कानुनको संरक्षण र सम्बर्द्धनमा सधै प्रतिबद्ध रहेको बताएका छन्। उनले भनेका छन्, 'द्वन्द्वको समयमा केही सदस्यबाट भएका मानव अधिकार हननका घटना सेनाको नीति विपरीत हुन पुगेका र सम्बन्धित हननकर्ताहरुलाई प्रचलित कानुनबमोजिम दण्डित गरिएको छ, यसले सेनामा दण्डहीनताको अवस्था नरहेको सन्देश दिएको छ।'
Source: http://www.nagariknews.com.np/
काठमाडौं, मंसिर २५ (नागरिक)- मैना सुनार हत्यामा आरोपी सेनानी निरञ्जन बस्नेतलाई पक्राउ गर्न अन्तर्राष्ट्रिय दबाब रहेका बेला नेपाली सेनाले उनी निर्दोष भएको जिकिर गरेको छ। उक्त घटनामा बस्नेत संलग्न नरहेको भन्दै सेनाले सरकारमार्फत् राष्ट्रसंघस्थित शान्ति सेना मिसनलाई सफाइपत्र बुझाएको छ।
चाडस्थित शान्ति मिसनमा रहेका बस्नेतलाई फिर्ता बोलाउन राष्ट्रसंघले नेपाली सेनालाई औपचारिक पत्र लेखेको थियो।
जंगीअड्डाले उनको बचाउ गर्दै हत्याकाण्डमा संलग्न व्यक्तिलाई सैनिक ऐनबमोजिम कारबाही गरिसकेको उदाहरणसमेत पेस गरेको छ।
'सेनाको स्वतन्त्र छानबिन आयोगले सहसेनानी सुनिल अधिकारी र अमित पुनलाई दोषी ठहराएको छ, उनीहरूमाथि कोर्ट मार्सल गरेर जेल सजायसमेत तोकिएको छ,' सहायक रथी एवं सैनिक प्रवक्ता रमीन्द्र क्षेत्रीले नागरिकसित भने, 'बस्नेत दोषमुक्त भएको कुरा सेनाले सरकारमार्फत् युएनमा पत्राचार गरिसकेको छ।'
सन् २००४ मा पाँचखालस्थित वीरेन्द्र शान्ति कार्य तालिम केन्द्रमा सेनाले यातना दिएर मैना सुनारको हत्या गरेको थियो। मैना हत्याकाण्डका अभियुक्त कर्नेल बबी खत्रीले सरकारले पाँच महिनाअघि अवकाश पाइसकेका छन्।
मैनाको हत्या हुँदा बस्नेत पाँचखालमा सहसेनानीका रूपमा कार्यरत थिए। उनी गत भदौमा चाड मिसन खटिएका हुन्। विभिन्न मानवअधिकारवादी संघसंस्थाले सेनानी बस्नेतलाई पनि घटनामा प्रत्यक्ष संलग्न भएको जिकिर गर्दै आएका छन्।
एमनेस्टी इन्टरनेसनलले बुधबार विज्ञप्ति जारी गर्दै अभियुक्त बस्नेतलाई पक्राउ गरी कारबाही गर्नुपर्ने माग गरेको छ। 'अदालतले नै बस्नेतलाई दोषी ठहराएको छ,' एमनेस्टीका कानुनी सल्लाहकार जोनाथ ओ डोनोहुईले भने, 'उनी अझै चाडमा छन् भने नेपाल सरकारले युएन मिसनलाई पक्राउ गरेर नेपाल फर्काउन अनुरोध गर्नुपर्छ।'
नेपालस्थित राष्ट्रसंघीय मानवअधिकार उच्च आयुक्तको कार्यालय (ओएचसिएचआर) ले मैना सुनुवार हत्या काण्डको स्वतन्त्र छानबिन हुनुपर्ने माग राख्दै आएको छ।
ओएचसिएचआरका नेपाल प्रमुख रिचार्ड बेनेटले सेनापति छत्रमानसिंह गुरूङलाई भेटेर मैना काण्डको छानबिनमा सहयोग गर्न अनुरोध गरिसकेका छन्।
अन्तर्राष्ट्रिय मानवअधिकार दिवसको अघिल्लो दिन मैनाकी आमा देवी सुनारले अदालतबाट पक्राउ आदेश जारी भएको महिनौं बित्दा पनि अभियुक्तहरु पक्राउ नभएको भन्दै प्रधानमन्त्री माधवकुमार नेपाललाई खुलापत्र दिएकी थिइन्। 'अभियुक्तमध्येका सेनानी निरञ्जन बस्नेतलाई शान्ति सेनामा पठाएको भन्ने सुन्दा मर्माहत भएकी छु,' उनले पत्रमा भनेकी छन्।
यसैबीच, प्रधानसेनापति छत्रमानसिंह गुरूङले ६१ औँ अन्तर्राष्ट्रिय मानव अधिकार दिवसका अवसरमा नेपाली सेनाले मानव अधिकार तथा अन्तर्राष्ट्रिय मानवीय कानुनको संरक्षण र सम्बर्द्धनमा सधै प्रतिबद्ध रहेको बताएका छन्। उनले भनेका छन्, 'द्वन्द्वको समयमा केही सदस्यबाट भएका मानव अधिकार हननका घटना सेनाको नीति विपरीत हुन पुगेका र सम्बन्धित हननकर्ताहरुलाई प्रचलित कानुनबमोजिम दण्डित गरिएको छ, यसले सेनामा दण्डहीनताको अवस्था नरहेको सन्देश दिएको छ।'
Source: http://www.nagariknews.com.np/
Speed up disappearance commission: Envoys
RUDRA KHADKA
NEPALGUNJ, Dec 9: Nine foreign ambassadors and heads of mission based in Kathmandu have jointly urged the government and the Maoists to expedite the establishment of a commission of inquiry on disappearances to address conflict-time disappearances that have remained unresolved even three years after the peace process began.
The envoys´ call comes at the end of a two-day visit to Bardiya, the district that has recorded the highest number of conflict-time disappearances. The UN Office of the High Commissioner for Human Rights in Nepal (OHCHR-N)) recorded 156 disappearances by the security forces and 14 by the Maoists between 2001 and 2004.
“Effectively dealing with the legacy of the conflict will allow Nepal´s transition to peace, democracy and development to continue on the basis of trust, truth and reconciliation” a statement from OHCHR-N quoted the ambassadors and heads of mission as saying.
The envoys´ visit to Bardiya comes a year after the UN human rights agency made public its report on conflict-related disappearances in the district. The envoys and heads of mission represented Australia, Denmark, Finland, the European Union Delegation, Germany, Norway, Switzerland, the United Kingdom, the United States and OHCHR-N. It was aimed at highlighting lack of action to address conflict-time human rights violations on the part of the government and the Maoists.
Victims of disappearances in Bardiya were arrested and held without due process, physically and psychologically tortured, and many are presumed executed, in clear contravention of Nepali and international law, according to OHCHR-N. Although the cases have been well documented by OHCHR and the National Human Rights Commission, and despite a ruling of the Supreme Court in 2007, no official investigation has taken place into these human rights violations.
“It is also one year since OHCHR made recommendations to the Government to investigate the Bardiya disappearances, yet no official response has been received. Now is the time to act to account for the crimes of the past and to end impunity for those soldiers, police and Maoists implicated in these horrific crimes,” the ambassadors said in the statement.
The envoys also visited the notorious Bhada Bridge in Bhadapur, where, one night in May 2002, it is alleged that nine people were summarily executed by the Royal Nepal Army, and their bodies buried in a sandbank, according to the statement.
The ambassadors also met the families of the victims in the district. The families expressed their pain and anguish after the long years of searching for the truth and justice for their kin, according to the statement. Addressing a press conference in here at the end of the visit, the ambassadors said that the victims families demanded that they be provided compensation. They also streesed on the need to address impunity as early as possible.
“It is extremely moving to hear directly from victims away from the politics of Kathmandu. It is clear that their desire for truth and justice cannot go unfulfilled,” they said.
They have also expressed concern over non-cooperation by the army, police and the Maoists for investigation into the disappearances in the district.
“The long refusal of the Army, police and Maoists to cooperate has prolonged the pain of the relatives, and delayed justice. We call on the Unified CPN-Maoist to make known the fate of individuals abducted by Maoist cadres during the conflict, and to cooperate with investigations into these cases,” the envoys said.
They have likewise asked the government to ensure that members of the Nepal Army and other state personnel involved in the disappearances are brought to justice and measures taken to protect victims and witnesses of the crimes. They have urged the Maoists to make available before the authorities those cadres who face charges of involvement in the crimes.
Published on 2009-12-09 19:12:18
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=12706
NEPALGUNJ, Dec 9: Nine foreign ambassadors and heads of mission based in Kathmandu have jointly urged the government and the Maoists to expedite the establishment of a commission of inquiry on disappearances to address conflict-time disappearances that have remained unresolved even three years after the peace process began.
The envoys´ call comes at the end of a two-day visit to Bardiya, the district that has recorded the highest number of conflict-time disappearances. The UN Office of the High Commissioner for Human Rights in Nepal (OHCHR-N)) recorded 156 disappearances by the security forces and 14 by the Maoists between 2001 and 2004.
“Effectively dealing with the legacy of the conflict will allow Nepal´s transition to peace, democracy and development to continue on the basis of trust, truth and reconciliation” a statement from OHCHR-N quoted the ambassadors and heads of mission as saying.
The envoys´ visit to Bardiya comes a year after the UN human rights agency made public its report on conflict-related disappearances in the district. The envoys and heads of mission represented Australia, Denmark, Finland, the European Union Delegation, Germany, Norway, Switzerland, the United Kingdom, the United States and OHCHR-N. It was aimed at highlighting lack of action to address conflict-time human rights violations on the part of the government and the Maoists.
Victims of disappearances in Bardiya were arrested and held without due process, physically and psychologically tortured, and many are presumed executed, in clear contravention of Nepali and international law, according to OHCHR-N. Although the cases have been well documented by OHCHR and the National Human Rights Commission, and despite a ruling of the Supreme Court in 2007, no official investigation has taken place into these human rights violations.
“It is also one year since OHCHR made recommendations to the Government to investigate the Bardiya disappearances, yet no official response has been received. Now is the time to act to account for the crimes of the past and to end impunity for those soldiers, police and Maoists implicated in these horrific crimes,” the ambassadors said in the statement.
The envoys also visited the notorious Bhada Bridge in Bhadapur, where, one night in May 2002, it is alleged that nine people were summarily executed by the Royal Nepal Army, and their bodies buried in a sandbank, according to the statement.
The ambassadors also met the families of the victims in the district. The families expressed their pain and anguish after the long years of searching for the truth and justice for their kin, according to the statement. Addressing a press conference in here at the end of the visit, the ambassadors said that the victims families demanded that they be provided compensation. They also streesed on the need to address impunity as early as possible.
“It is extremely moving to hear directly from victims away from the politics of Kathmandu. It is clear that their desire for truth and justice cannot go unfulfilled,” they said.
They have also expressed concern over non-cooperation by the army, police and the Maoists for investigation into the disappearances in the district.
“The long refusal of the Army, police and Maoists to cooperate has prolonged the pain of the relatives, and delayed justice. We call on the Unified CPN-Maoist to make known the fate of individuals abducted by Maoist cadres during the conflict, and to cooperate with investigations into these cases,” the envoys said.
They have likewise asked the government to ensure that members of the Nepal Army and other state personnel involved in the disappearances are brought to justice and measures taken to protect victims and witnesses of the crimes. They have urged the Maoists to make available before the authorities those cadres who face charges of involvement in the crimes.
Published on 2009-12-09 19:12:18
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=12706
Wednesday, December 9, 2009
Statement by the UN High Commissioner for Human Rights Navi Pillay
The concept of non-discrimination lies at the heart of human rights.
For this reason, it has been designated the official theme of this Human Rights Day, which occurs every year on the anniversary of the adoption of the Universal Declaration of Human Rights in 1948. And for this and many other reasons it should be an unofficial theme every day, every year, for everyone.
Twenty-six of the Universal Declaration’s 30 Articles begin with the words “Everyone…” or “No one…” Everyone should enjoy all human rights. No one should be excluded. All human beings are born free and equal in dignity and rights. Non-discrimination must prevail.
Today, we have a whole range of rights-based international treaties imbued throughout with the concept of non-discrimination. These include, for example, Conventions on the rights of the child, rights of people with disabilities, rights of refugees and of migrant workers; Conventions dedicated to the elimination of racial discrimination and discrimination against women; as well as treaties dealing with labour, health and religion. These legally binding standards are complemented by important UN declarations detailing minority rights and the rights of indigenous peoples.
These international laws and standards are supported by thousands of national and regional laws and institutions. Quite a few countries now have truly universal education, and a smaller number have universal public health systems. Taken together all of this marks an extraordinary celebration of humankind’s ability and aspiration to create a world of equal opportunity and equal treatment under the law. And many millions of people have benefited as a result.
People of all sorts have something to offer. When we embrace diversity, we bring extra richness and depth to our societies.
Yet discrimination is still rampant.
Women work two-thirds of the world’s working hours and produce half of the world’s food, yet earn only 10 percent of the world’s income and own less than one percent of the world’s property. Despite significant improvements over the past century, women and girls are still discriminated against to some degree in all societies and to a great degree in many. Every day countless numbers of women are sexually or physically abused, and the vast majority of their abusers go unpunished and future abuse is undeterred.
Minorities in all regions of the world continue to face serious threats, discrimination and racism, and are frequently excluded from fully taking part in the economic, political, social and cultural life available to the majorities in the countries or societies where they live.
Similar problems face the estimated 370 million indigenous people who make up five percent of the world’s population, but 15 percent of its poorest people. They are often marginalized, deprived of many fundamental rights – including land and property – and lack access to basic services.
For further information contact
Chun Gurung, Tel: 4280164, Ext 320; 98510 16937 (mobile), cgurung@ohchr.org
Website: http://nepal.ohchr.org
For this reason, it has been designated the official theme of this Human Rights Day, which occurs every year on the anniversary of the adoption of the Universal Declaration of Human Rights in 1948. And for this and many other reasons it should be an unofficial theme every day, every year, for everyone.
Twenty-six of the Universal Declaration’s 30 Articles begin with the words “Everyone…” or “No one…” Everyone should enjoy all human rights. No one should be excluded. All human beings are born free and equal in dignity and rights. Non-discrimination must prevail.
Today, we have a whole range of rights-based international treaties imbued throughout with the concept of non-discrimination. These include, for example, Conventions on the rights of the child, rights of people with disabilities, rights of refugees and of migrant workers; Conventions dedicated to the elimination of racial discrimination and discrimination against women; as well as treaties dealing with labour, health and religion. These legally binding standards are complemented by important UN declarations detailing minority rights and the rights of indigenous peoples.
These international laws and standards are supported by thousands of national and regional laws and institutions. Quite a few countries now have truly universal education, and a smaller number have universal public health systems. Taken together all of this marks an extraordinary celebration of humankind’s ability and aspiration to create a world of equal opportunity and equal treatment under the law. And many millions of people have benefited as a result.
People of all sorts have something to offer. When we embrace diversity, we bring extra richness and depth to our societies.
Yet discrimination is still rampant.
Women work two-thirds of the world’s working hours and produce half of the world’s food, yet earn only 10 percent of the world’s income and own less than one percent of the world’s property. Despite significant improvements over the past century, women and girls are still discriminated against to some degree in all societies and to a great degree in many. Every day countless numbers of women are sexually or physically abused, and the vast majority of their abusers go unpunished and future abuse is undeterred.
Minorities in all regions of the world continue to face serious threats, discrimination and racism, and are frequently excluded from fully taking part in the economic, political, social and cultural life available to the majorities in the countries or societies where they live.
Similar problems face the estimated 370 million indigenous people who make up five percent of the world’s population, but 15 percent of its poorest people. They are often marginalized, deprived of many fundamental rights – including land and property – and lack access to basic services.
For further information contact
Chun Gurung, Tel: 4280164, Ext 320; 98510 16937 (mobile), cgurung@ohchr.org
Website: http://nepal.ohchr.org
SAFHR's Statement on Human Rights Day
SOUTH ASIA FORUM FOR HUMAN RIGHTS
3/23 SHREE DARBAR TOLE, PATAN DHOKA, LALITPUR, NEPAL
_____________________________
Statement on the Occasion of the
International Human Rights Day
On this International Human Rights day, the South Asia Forum for Human Rights (SAFHR) calls on the human rights community of Nepal to commit once again to uphold the principle of “accountability” and punishment of those who are guilty of violating human rights. Peace without justice is no peace. It never lasts.
We call on all to re-dedicate ourselves to defending and promoting Human Rights for all.
It is three years since the Comprehensive Peace Accord (CPA) was signed on November 21, 2006 by al parties in Nepal. We are sorry to observe that the human rights situation in Nepal is yet to show much improvement.
According to the report of Nepal’s NHRC, which was released on the occasion of the third anniversary of the CPA, in the last three years, 107 people were killed by the Nepalese police, another 26 innocent lives were lost to the violence of the Maoists, while at least another 53 lost their lives to various bomb blasts caused by so-called militant outfits across the nation.
In addition, the NHRC recorded about, 246 cases of human rights abuses from all over Nepal during this period. Of these, 198 were committed by the government and 48 by the ex-rebels. There have been 254 complaints of disappearance as well.
This situation prevails notwithstanding the fact that both the government as well as the Maoists have pledged “untiring commitment to uphold the right to life” of all peoples. Discouraged by the failure of the government and other parties to respect, promote and protect the universal norms of Human Rights in Nepal, the Chairman of Nepal’s NHRC, Mr. Kedar Nath Upadhyay was forced to observe that the signatories to the CPA were not serious about their commitment to uphold Human Rights.
While appreciating the work of Nepalese Human Rights organisation and the NHRC, we are disheartened by the fact that these active and dedicated persons seem to have lost their ardour which was evident in their actions during the difficult days of King’s autocratic rule and emergency.
We salute the Nepalese NGOs and the NHRC for their courageous investigation and exposure of the horrible killings by the Royal Nepal Army in Doramba, the illegal incarceration, systematic torture, enforced disappearances and custodial killing of hundreds of innocent people at the Bhairavnath Battalion Military Barrack in Maharajgunj of the Royal Nepal Army, the counter violence of the Maoists in Doramba, Madhi and other places. We also thank these courageous Human Rights defenders for heir painstaking and meticulous work of evidence gathering which led to the issue of a warrant on February 10, 2008 by the District Court of Kavre. The court held that three Nepal Army officers, Major Niranjan Basnet, Colonel Bobby Khatri, Captain Sunil Prasad Adhikari and Captain Amit Pun were directly responsible for illegal arrest, torture, raped and murder of Maina Sunuwar, a 15-year-old girl in February 2004.
It is sad that all these officers of the army and the members of the CPN Maoists remain free. What is even more unfortunate that both the government of Nepal as well as the CPN Maoists are not only protecting some of these guilty persons, they have actually rewarded hem with promotions in rank and positions.
Virtually no attempts have been made by the governments that have been in power since the signing of the CPA to hold accountable those responsible for the violence, including the killings. It seems that the apprehension that insisting on human rights accountability might harm the fragile peace process has had its way. Many civil society organisations of Nepal, who were vocal on human rights accountability earlier, after the signing of the CPA got involved in building dialogues for conflict resolution, post-conflict peace building and other such activities.
While peace building initiatives are important, it should be noted the failure to enforce accountability and responsibility for the human rights violation during the conflict has stood I the path the repair relations between communities affected by the violence. This also shifted the focus from addressing the underlying causes in order to prevent repetitions of this violence in areas where there have been repeated, similar, outbreaks.
South Asia Forum for Human Rights urges the government of Nepal, the other signatories of the CPA and Nepal’s human rights community to set aside all their doubts and reservations which might have come in the way of enforcing “accountability” on the violators of human rights and punishment of the guilty.
We call on all to re-dedicate ourselves to defending and promoting Human Rights.
Human Rights are violated in dark places. Let us expose them all.
Issued By:
South Asia Forum for Human Rights
Kathmandu, Nepal
December 09, 2009
3/23 SHREE DARBAR TOLE, PATAN DHOKA, LALITPUR, NEPAL
_____________________________
Statement on the Occasion of the
International Human Rights Day
On this International Human Rights day, the South Asia Forum for Human Rights (SAFHR) calls on the human rights community of Nepal to commit once again to uphold the principle of “accountability” and punishment of those who are guilty of violating human rights. Peace without justice is no peace. It never lasts.
We call on all to re-dedicate ourselves to defending and promoting Human Rights for all.
It is three years since the Comprehensive Peace Accord (CPA) was signed on November 21, 2006 by al parties in Nepal. We are sorry to observe that the human rights situation in Nepal is yet to show much improvement.
According to the report of Nepal’s NHRC, which was released on the occasion of the third anniversary of the CPA, in the last three years, 107 people were killed by the Nepalese police, another 26 innocent lives were lost to the violence of the Maoists, while at least another 53 lost their lives to various bomb blasts caused by so-called militant outfits across the nation.
In addition, the NHRC recorded about, 246 cases of human rights abuses from all over Nepal during this period. Of these, 198 were committed by the government and 48 by the ex-rebels. There have been 254 complaints of disappearance as well.
This situation prevails notwithstanding the fact that both the government as well as the Maoists have pledged “untiring commitment to uphold the right to life” of all peoples. Discouraged by the failure of the government and other parties to respect, promote and protect the universal norms of Human Rights in Nepal, the Chairman of Nepal’s NHRC, Mr. Kedar Nath Upadhyay was forced to observe that the signatories to the CPA were not serious about their commitment to uphold Human Rights.
While appreciating the work of Nepalese Human Rights organisation and the NHRC, we are disheartened by the fact that these active and dedicated persons seem to have lost their ardour which was evident in their actions during the difficult days of King’s autocratic rule and emergency.
We salute the Nepalese NGOs and the NHRC for their courageous investigation and exposure of the horrible killings by the Royal Nepal Army in Doramba, the illegal incarceration, systematic torture, enforced disappearances and custodial killing of hundreds of innocent people at the Bhairavnath Battalion Military Barrack in Maharajgunj of the Royal Nepal Army, the counter violence of the Maoists in Doramba, Madhi and other places. We also thank these courageous Human Rights defenders for heir painstaking and meticulous work of evidence gathering which led to the issue of a warrant on February 10, 2008 by the District Court of Kavre. The court held that three Nepal Army officers, Major Niranjan Basnet, Colonel Bobby Khatri, Captain Sunil Prasad Adhikari and Captain Amit Pun were directly responsible for illegal arrest, torture, raped and murder of Maina Sunuwar, a 15-year-old girl in February 2004.
It is sad that all these officers of the army and the members of the CPN Maoists remain free. What is even more unfortunate that both the government of Nepal as well as the CPN Maoists are not only protecting some of these guilty persons, they have actually rewarded hem with promotions in rank and positions.
Virtually no attempts have been made by the governments that have been in power since the signing of the CPA to hold accountable those responsible for the violence, including the killings. It seems that the apprehension that insisting on human rights accountability might harm the fragile peace process has had its way. Many civil society organisations of Nepal, who were vocal on human rights accountability earlier, after the signing of the CPA got involved in building dialogues for conflict resolution, post-conflict peace building and other such activities.
While peace building initiatives are important, it should be noted the failure to enforce accountability and responsibility for the human rights violation during the conflict has stood I the path the repair relations between communities affected by the violence. This also shifted the focus from addressing the underlying causes in order to prevent repetitions of this violence in areas where there have been repeated, similar, outbreaks.
South Asia Forum for Human Rights urges the government of Nepal, the other signatories of the CPA and Nepal’s human rights community to set aside all their doubts and reservations which might have come in the way of enforcing “accountability” on the violators of human rights and punishment of the guilty.
We call on all to re-dedicate ourselves to defending and promoting Human Rights.
Human Rights are violated in dark places. Let us expose them all.
Issued By:
South Asia Forum for Human Rights
Kathmandu, Nepal
December 09, 2009
Maina's mom pens open letter to PM
REPUBLICA
KATHMANDU, Dec 8: Devi Sunar, mother of Maina Sunar who was murdered in 2004 during the conflict period, on Tuesday wrote an open letter to Prime Minister Madhav Kumar Nepal, expressing her sadness over the government sending Major Niranjan Basnet, a co-accused in the murder, to serve with the UN peacekeeping mission in Chad.
"I am deeply hurt and upset by recent news that the government has sent one of the chief perpetrators, Major Niranajan Basnet, on UN peacekeeping operations," Mrs Sunar said in her three-page letter.
Basnet is one of four army officers accused in the murder of the 15-year old Maina. The case is one of the major human rights violations of the conflict period and is taken as emblematic by the national and international human rights community. Basnet has been facing a suspension order to the army from Kavre District Court for his alleged role in the extrajudicial killing.
Basnet´s status in the army following the court order had remained unknown until Republica* ran a news story on November 27 about his serving the UN peacekeeping mission in the central African country.
Mandira Sharma, executive director of Advocacy Forum, who has been supporting Sunar´s fight for justice, said the open letter was meant to draw the prime minister´s attention to the plight of the victims. "No action has yet been taken against the perpetrators in the Miana case. The letter is symbolic," she said about the letter.
"What kind of justice is this, Honorable Prime Minister?" Sunar asked in her letter about the deployment of Basnet in the UN mission, which is considered a reward.
In the letter, she has hoped that the accused would be arrested upon his return from Chad.
* (Corrected)
Published on 2009-12-08 21:40:46
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=12668
KATHMANDU, Dec 8: Devi Sunar, mother of Maina Sunar who was murdered in 2004 during the conflict period, on Tuesday wrote an open letter to Prime Minister Madhav Kumar Nepal, expressing her sadness over the government sending Major Niranjan Basnet, a co-accused in the murder, to serve with the UN peacekeeping mission in Chad.
"I am deeply hurt and upset by recent news that the government has sent one of the chief perpetrators, Major Niranajan Basnet, on UN peacekeeping operations," Mrs Sunar said in her three-page letter.
Basnet is one of four army officers accused in the murder of the 15-year old Maina. The case is one of the major human rights violations of the conflict period and is taken as emblematic by the national and international human rights community. Basnet has been facing a suspension order to the army from Kavre District Court for his alleged role in the extrajudicial killing.
Basnet´s status in the army following the court order had remained unknown until Republica* ran a news story on November 27 about his serving the UN peacekeeping mission in the central African country.
Mandira Sharma, executive director of Advocacy Forum, who has been supporting Sunar´s fight for justice, said the open letter was meant to draw the prime minister´s attention to the plight of the victims. "No action has yet been taken against the perpetrators in the Miana case. The letter is symbolic," she said about the letter.
"What kind of justice is this, Honorable Prime Minister?" Sunar asked in her letter about the deployment of Basnet in the UN mission, which is considered a reward.
In the letter, she has hoped that the accused would be arrested upon his return from Chad.
* (Corrected)
Published on 2009-12-08 21:40:46
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=12668
Amnesty urges Nepal to arrest major over girl's death
AGENCE FRANCE-PRESSE
KATHMANDU, Dec 9: Amnesty International urged Nepal´s government to arrest an army major accused of torturing a 15-year-old girl to death during the country´s civil war.
Major Niranjan Basnet has been charged by a civil court with murdering Maina Sunuwar, who died in 2004 in army custody. A military tribunal said she suffered electrocution and drowning during interrogation.
Basnet was never arrested and continued to serve in the Nepalese army, most recently in Chad as part of a UN peacekeeping mission.
The United Nations reportedly expelled him from the mission after becoming aware of the charges, and asked Nepal´s government to repatriate him, but it is not clear whether he has yet returned.
"Major Basnet must be prosecuted by a civilian court for his alleged involvement in Maina Sunuwar´s murder," Jonathan O´Donohue, a legal advisor for Amnesty, said in a statement released late Tuesday.
"If he is still in Chad, the Nepal government should request the UN mission to detain him and to ensure his transfer back to Nepal to face trial."
However, an army spokesman said Basnet had been cleared by an independent military board of enquiry.
"There were others who were found guilty. They were court-martialled and faced jail terms and paid compensation to the victims," Brigadier General Ramindra Chhetri told AFP.
At least 16,000 people died in Nepal´s decade-long civil war between Maoist rebels and the state, which ended in 2006.
There are allegations of killings and torture on both sides, and rights groups say little has been done to bring justice to victims and their families.
Basnet was one of four soldiers charged with the killing of Sunuwar, who had been arrested as a suspected informant and Maoist activist.
In 2005, a military court convicted the other three of minor offences such as using improper interrogation techniques and not following procedures, and sentenced them each to six months in prison.
But they did not serve any jail time as the military court counted the period they had already spent confined to barracks during the investigation.
"We have serious concerns that these military proceedings were neither independent nor impartial," said O´Donohue.
Published on 2009-12-09 14:27:07
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=12697
KATHMANDU, Dec 9: Amnesty International urged Nepal´s government to arrest an army major accused of torturing a 15-year-old girl to death during the country´s civil war.
Major Niranjan Basnet has been charged by a civil court with murdering Maina Sunuwar, who died in 2004 in army custody. A military tribunal said she suffered electrocution and drowning during interrogation.
Basnet was never arrested and continued to serve in the Nepalese army, most recently in Chad as part of a UN peacekeeping mission.
The United Nations reportedly expelled him from the mission after becoming aware of the charges, and asked Nepal´s government to repatriate him, but it is not clear whether he has yet returned.
"Major Basnet must be prosecuted by a civilian court for his alleged involvement in Maina Sunuwar´s murder," Jonathan O´Donohue, a legal advisor for Amnesty, said in a statement released late Tuesday.
"If he is still in Chad, the Nepal government should request the UN mission to detain him and to ensure his transfer back to Nepal to face trial."
However, an army spokesman said Basnet had been cleared by an independent military board of enquiry.
"There were others who were found guilty. They were court-martialled and faced jail terms and paid compensation to the victims," Brigadier General Ramindra Chhetri told AFP.
At least 16,000 people died in Nepal´s decade-long civil war between Maoist rebels and the state, which ended in 2006.
There are allegations of killings and torture on both sides, and rights groups say little has been done to bring justice to victims and their families.
Basnet was one of four soldiers charged with the killing of Sunuwar, who had been arrested as a suspected informant and Maoist activist.
In 2005, a military court convicted the other three of minor offences such as using improper interrogation techniques and not following procedures, and sentenced them each to six months in prison.
But they did not serve any jail time as the military court counted the period they had already spent confined to barracks during the investigation.
"We have serious concerns that these military proceedings were neither independent nor impartial," said O´Donohue.
Published on 2009-12-09 14:27:07
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=12697
Sunday, December 6, 2009
We suspect that Prachanda is behind my husband`s murder
RAMILA SHRESTHA
I came to know through the media that the Maoist party has included the criminal (Kali Bahadur Kham "Bibidh") in its central committee. This is a very unfortunate decision. It has added insult to our injury. It is very unfortunate. This leads us to believe that Maoist Chairman (Pushpa Kamal Dahal) Prachanda´s repeated public commitments to punish him are all hollow. Related Story:
Ram Hari murder accused gets Maoist CC berthThe government has never addressed this problem seriously. It has also not made public the report prepared by the high-level commission it formed to carry out a probe into the murder of my husband, Ram Hari Shrestha. They won´t even share the report with us. We smell a rat in the government´s stated commitment to punish Kham and the other criminals – all from the Maoist party -- who were behind my husband´s murder.
Ramila Shrestha
Bijay Rai
After news about Kham being awarded a berth in the Maoist central committee came out, we tried to meet the Prime Minister, who is also the Maoist Chairman. But we are not being allowed to even talk to him on the phone. The Maoist party has a long tradition of honoring criminals. This has been the case with the murder of my husband also. I feel that Prachanda´s hand is behind the murder. If not, why has he honored Kham despite knowing that he is a criminal? He has already accepted that Kham is a criminal. Is Kham more powerful that Prachanda? Why does he honor a criminal with a top party post? If he could hand over to the police other members of his party indicted for the murder, why couldn´t he do the same with Kham. I think Prachanda is afraid that turning over Kham to the police may uncover his own involvement in the murder. We want the satisfaction of seeing the guilty punished. If you hide one crime, the criminal gets emboldened to commit a thousand other crimes. It is very unfortunate that the state has given protection to a criminal. The people should be made aware of this fact. Otherwise, these kinds of incidents will be repeated in future.
A copy of an agreement signed between Maoist Chairman Pushpa Kamal Dahal, Ramila Shrestha and Gyan Kumar Shrestha, who led series of street protest against Ram Hari`s murder last year. In the agreement, Dahal has pledged to take stern action against Kali Bahadur Kham among other accused in the murder.
Dahal never takes any issue seriously until and unless there is mounting pressure from the street and from the media. This has become his habit. Even now the time has come for us to hit the street. But, before taking to the street, we want to hand over a memorandum to the Prime Minister, with an ultimatum to nab and punish the guilty. We are also planning to hand in memorandums to all members of the Constituent Assembly (CA) and stage a sit-in outside the CA premises. So far, even the CA members haven´t been able to raise the issue seriously. If the issue is not addressed even after we have done all these things, we will hit the street. It will take some time.
In this murder case, the government has also undermined the courts by not handing over the accused to the police within 90 days. Hundreds of days have passed since the court ruling. This is contempt of court as wel.
As told to Tilak Pokharel (tilak@myrepublica.com) on January 15, 2009
Published on 2009-01-15 16:23:18
---------
Ram Hari murder accused gets Maoist CC berth
GHANASHYAM OJHA, TILAK POKHAREL, YUVRAJ ACHARYA
(Updated with link to OHCHR-Nepal press release of December 29, 2008)
KATHMANDU, Jan 15: The ruling Unified Communist Party of Nepal (Maoist) has inducted Kali Bahadur Kham ´Bibidh´, the main accused in the murder of businessman Ram Hari Shrestha, on its Central Committee (CC).
Although the Maoists haven´t yet disclosed Kham´s name as a CC member, a Maoist source told myrepublica.com that the party, under its recent initiative to unify with the Communist Party of Nepal (Unity Center-Masal), withdrew all disciplinary action against Kham and included him in the expanded 106-member committee. The Maoists, following their unification with Unity Center-Masal, have a total of 175 Central Committee members.
We suspect Prachanda behind my husband`s murder: Ramila Shrestha
Maoist decision irks parties
Confirming Kham´s inclusion in the restructured CC following Maoist´s unification with Masal, senior Maoist leader CP Gajurel told myrepublica.com that Kham got the berth in the new committee by virtue of his membership in the party´s CC in 2005. The Maoist´s crucial meeting in Chunabang of Rolpa district had reduced the number of CC members from 95 to 35.
"Reinstating party´s CC members is one thing and the party´s disciplinary action against Kham is quite another," said Gajurel.
Kham, a commander of the People´s Liberation Army (PLA) at Shaktikhor cantonment, Chitwan had ordered the abduction of businessman Shrestha from Koteshwar in May 2008. Shrestha later died due to torture meted out by PLA men at the cantonment.
In the wake of Shrestha´s murder, the Maoists handed over two Maoist cadres to police and claimed that Kham was “still at large”. Following the murder, as outrage against the Maoists swelled in the streets, Maoist chairman Pushpa Kamal Dahal (now the Prime Minister) met with Ram Hari’s wife Ramila and brother Gyan Kumar Shrestha to assure them that his party would probe the incident and take action against the guilty. Ramila has even named Kham as prime accused in public.
Related story: They did it again!
Although the Home Ministry has claimed that police have been on the lookout for Kham, a recent report issued by the UN Office of High Commissioner for Human Rights in Nepal said Kham is still in Shaktikhor cantonment. It further said the Maoist leadership ignored its request for a meeting with Kham.
Media reports had said that Kham had met Defense Minister Ram Bahadur Thapa on October 22 during the latter´s visit to Chitwan. Local media in Chitwan had confirmed the meeting. They claimed to have noticed Kham meeting the defense minister.
The main opposition party, Nepali Congress, had sought clarifications from Defense Minister Thapa over the issue. Thapa has all along refuted claims that he had met Kham.
Kali Bahadur Kham: Between Ram Hari murder and Maoist CC
• On May 18 last year, Maoist party´s chairman Dahal (prime minister since August 18) had admitted that "some selfish elements" murdered Shrestha who had prior link with the Maoists.
• Shrestha was severely tortured in Shaktikhor cantonment site of the Maoists´ People’s Liberation Army and succumbed to his injuries in a hospital in Bharatpur, Chitwan. Kham, commander of the PLA’s Third Division, had rented a flat in Shrestha´s house, and abducted Shrestha following a dispute over missing of a personal weapon and some money.
• On May 22 Maoists formed an internal probe panel headed by Posta Bahadur Bogati to probe the murder. The panel comprising Hit Raj Pandey and Ekraj Bhandari confirmed Kham’s hand in the murder but the panel did make the report public.
• On May 24 PLA Deputy Commander Janardan Sharma said PLA "suspended" its Third Division Commander Kham for being allegedly responsible for the abduction, torture and subsequent killing Shrestha inside a Maoist cantonment.
• On July 16, a judicial probe committee headed by former Supreme Court Justice Rajendra Bhandari submitted report to the then Prime Minister Girija Prasad Koirala, recommending legal action against nine Maoist cadres, including Kham, brigade commander Govinda Bahadur Batala, combatants Keshav Adhikari and Ganga Ram Thapa.
• Kham met Defense Minister Thapa at the Chitwan District Administration Office on October 26 and has been serving as commander of the Shaktikhor cantonment site though Maoists claim he was suspended. Thapa denied meeting Kham even though media reports gave ample proof of the meeting.
• On Nov 10, Deputy Prime Minister and Home Minister Bam Dev Gautam said the government has been searching for other six suspects including Kham.
• In the Maoists’ national convention that began on November 21, Kham was active participant.
• On January 12, 2009, Kham was appointed the Central Committee member of the party.
ghanashyam@myrepublica.com, tilak@myrepublica.com & yuvraj@myrepublica.com
Source: http://www.myrepublica.com/portal/index.php?action=news_details&news_id=1113
I came to know through the media that the Maoist party has included the criminal (Kali Bahadur Kham "Bibidh") in its central committee. This is a very unfortunate decision. It has added insult to our injury. It is very unfortunate. This leads us to believe that Maoist Chairman (Pushpa Kamal Dahal) Prachanda´s repeated public commitments to punish him are all hollow. Related Story:
Ram Hari murder accused gets Maoist CC berthThe government has never addressed this problem seriously. It has also not made public the report prepared by the high-level commission it formed to carry out a probe into the murder of my husband, Ram Hari Shrestha. They won´t even share the report with us. We smell a rat in the government´s stated commitment to punish Kham and the other criminals – all from the Maoist party -- who were behind my husband´s murder.
Ramila Shrestha
Bijay Rai
After news about Kham being awarded a berth in the Maoist central committee came out, we tried to meet the Prime Minister, who is also the Maoist Chairman. But we are not being allowed to even talk to him on the phone. The Maoist party has a long tradition of honoring criminals. This has been the case with the murder of my husband also. I feel that Prachanda´s hand is behind the murder. If not, why has he honored Kham despite knowing that he is a criminal? He has already accepted that Kham is a criminal. Is Kham more powerful that Prachanda? Why does he honor a criminal with a top party post? If he could hand over to the police other members of his party indicted for the murder, why couldn´t he do the same with Kham. I think Prachanda is afraid that turning over Kham to the police may uncover his own involvement in the murder. We want the satisfaction of seeing the guilty punished. If you hide one crime, the criminal gets emboldened to commit a thousand other crimes. It is very unfortunate that the state has given protection to a criminal. The people should be made aware of this fact. Otherwise, these kinds of incidents will be repeated in future.
A copy of an agreement signed between Maoist Chairman Pushpa Kamal Dahal, Ramila Shrestha and Gyan Kumar Shrestha, who led series of street protest against Ram Hari`s murder last year. In the agreement, Dahal has pledged to take stern action against Kali Bahadur Kham among other accused in the murder.
Dahal never takes any issue seriously until and unless there is mounting pressure from the street and from the media. This has become his habit. Even now the time has come for us to hit the street. But, before taking to the street, we want to hand over a memorandum to the Prime Minister, with an ultimatum to nab and punish the guilty. We are also planning to hand in memorandums to all members of the Constituent Assembly (CA) and stage a sit-in outside the CA premises. So far, even the CA members haven´t been able to raise the issue seriously. If the issue is not addressed even after we have done all these things, we will hit the street. It will take some time.
In this murder case, the government has also undermined the courts by not handing over the accused to the police within 90 days. Hundreds of days have passed since the court ruling. This is contempt of court as wel.
As told to Tilak Pokharel (tilak@myrepublica.com) on January 15, 2009
Published on 2009-01-15 16:23:18
---------
Ram Hari murder accused gets Maoist CC berth
GHANASHYAM OJHA, TILAK POKHAREL, YUVRAJ ACHARYA
(Updated with link to OHCHR-Nepal press release of December 29, 2008)
KATHMANDU, Jan 15: The ruling Unified Communist Party of Nepal (Maoist) has inducted Kali Bahadur Kham ´Bibidh´, the main accused in the murder of businessman Ram Hari Shrestha, on its Central Committee (CC).
Although the Maoists haven´t yet disclosed Kham´s name as a CC member, a Maoist source told myrepublica.com that the party, under its recent initiative to unify with the Communist Party of Nepal (Unity Center-Masal), withdrew all disciplinary action against Kham and included him in the expanded 106-member committee. The Maoists, following their unification with Unity Center-Masal, have a total of 175 Central Committee members.
We suspect Prachanda behind my husband`s murder: Ramila Shrestha
Maoist decision irks parties
Confirming Kham´s inclusion in the restructured CC following Maoist´s unification with Masal, senior Maoist leader CP Gajurel told myrepublica.com that Kham got the berth in the new committee by virtue of his membership in the party´s CC in 2005. The Maoist´s crucial meeting in Chunabang of Rolpa district had reduced the number of CC members from 95 to 35.
"Reinstating party´s CC members is one thing and the party´s disciplinary action against Kham is quite another," said Gajurel.
Kham, a commander of the People´s Liberation Army (PLA) at Shaktikhor cantonment, Chitwan had ordered the abduction of businessman Shrestha from Koteshwar in May 2008. Shrestha later died due to torture meted out by PLA men at the cantonment.
In the wake of Shrestha´s murder, the Maoists handed over two Maoist cadres to police and claimed that Kham was “still at large”. Following the murder, as outrage against the Maoists swelled in the streets, Maoist chairman Pushpa Kamal Dahal (now the Prime Minister) met with Ram Hari’s wife Ramila and brother Gyan Kumar Shrestha to assure them that his party would probe the incident and take action against the guilty. Ramila has even named Kham as prime accused in public.
Related story: They did it again!
Although the Home Ministry has claimed that police have been on the lookout for Kham, a recent report issued by the UN Office of High Commissioner for Human Rights in Nepal said Kham is still in Shaktikhor cantonment. It further said the Maoist leadership ignored its request for a meeting with Kham.
Media reports had said that Kham had met Defense Minister Ram Bahadur Thapa on October 22 during the latter´s visit to Chitwan. Local media in Chitwan had confirmed the meeting. They claimed to have noticed Kham meeting the defense minister.
The main opposition party, Nepali Congress, had sought clarifications from Defense Minister Thapa over the issue. Thapa has all along refuted claims that he had met Kham.
Kali Bahadur Kham: Between Ram Hari murder and Maoist CC
• On May 18 last year, Maoist party´s chairman Dahal (prime minister since August 18) had admitted that "some selfish elements" murdered Shrestha who had prior link with the Maoists.
• Shrestha was severely tortured in Shaktikhor cantonment site of the Maoists´ People’s Liberation Army and succumbed to his injuries in a hospital in Bharatpur, Chitwan. Kham, commander of the PLA’s Third Division, had rented a flat in Shrestha´s house, and abducted Shrestha following a dispute over missing of a personal weapon and some money.
• On May 22 Maoists formed an internal probe panel headed by Posta Bahadur Bogati to probe the murder. The panel comprising Hit Raj Pandey and Ekraj Bhandari confirmed Kham’s hand in the murder but the panel did make the report public.
• On May 24 PLA Deputy Commander Janardan Sharma said PLA "suspended" its Third Division Commander Kham for being allegedly responsible for the abduction, torture and subsequent killing Shrestha inside a Maoist cantonment.
• On July 16, a judicial probe committee headed by former Supreme Court Justice Rajendra Bhandari submitted report to the then Prime Minister Girija Prasad Koirala, recommending legal action against nine Maoist cadres, including Kham, brigade commander Govinda Bahadur Batala, combatants Keshav Adhikari and Ganga Ram Thapa.
• Kham met Defense Minister Thapa at the Chitwan District Administration Office on October 26 and has been serving as commander of the Shaktikhor cantonment site though Maoists claim he was suspended. Thapa denied meeting Kham even though media reports gave ample proof of the meeting.
• On Nov 10, Deputy Prime Minister and Home Minister Bam Dev Gautam said the government has been searching for other six suspects including Kham.
• In the Maoists’ national convention that began on November 21, Kham was active participant.
• On January 12, 2009, Kham was appointed the Central Committee member of the party.
ghanashyam@myrepublica.com, tilak@myrepublica.com & yuvraj@myrepublica.com
Source: http://www.myrepublica.com/portal/index.php?action=news_details&news_id=1113
Street Anarchy
Street Anarchy
REPUBLICA
Time to introduce a zero tolerance policy against vandals
The Chabahil area in Kathmandu witnessed an appalling display of lawlessness on Saturday and Sunday when mobs protesting Saturday’s deaths of a motorcyclist and a pillion rider in a road traffic accident smashed up vehicles indiscriminately and blocked traffic, making those who had nothing to do with the accident suffer delays and property loss. Instead of letting the police deal with the accident by tracing the absconding driver of the bus that killed the youths, some vandals considered themselves the law and took control of the streets for two days in a row.
On Sunday, anarchy peaked to a level that is rare even by our standards where road rage is almost a daily reality. A mob smashed the windshield and windowpanes of a parked van of Saipal Academy at Sukedhara with at least half-a-dozen school children still trapped inside. Defenseless, little children carrying school bags somehow managed to jump out of the van in utter terror, while the barbarians continued smashing the van oblivious of the children’s cries. Some of the children lost balance and tumbled onto the street after jumping off the van.
The barbaric act will certainly leave a psychological scar on the children and deplete their trust on grown-ups. Their parents will have a hard time convincing them that Kathmandu’s streets are safe and they can go to school in a school van once again.
Blocking traffic and vandalizing vehicles is a widespread malady in Nepal. It is the favorite method of political parties to press for their demands. But people are no longer in the mood to accept this as a legitimate political tool. On Sunday, commoners retaliated against a Maoist banda in Biratnagar and Banepa. This is a message to the political parties that people are fed up with street blockades and bandas.
But street is also the favorite place to protest for the flimsiest of reasons and for sadistic vandals who take advantage of anarchy by drawing sick pleasure out of the sufferings of others. Blockades and vandalism on the streets cannot help families of those who get killed in road traffic accidents get justice. Instead, it results in more injustice.
Police inaction against such vandals has encouraged the spread of this unacceptable culture. Police must make strong examples out of those who attacked the school van and other vehicles in Chabahil and Sukedhara. The streets must be made safe
Published on 2009-06-08 06:54:55
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=6024
REPUBLICA
Time to introduce a zero tolerance policy against vandals
The Chabahil area in Kathmandu witnessed an appalling display of lawlessness on Saturday and Sunday when mobs protesting Saturday’s deaths of a motorcyclist and a pillion rider in a road traffic accident smashed up vehicles indiscriminately and blocked traffic, making those who had nothing to do with the accident suffer delays and property loss. Instead of letting the police deal with the accident by tracing the absconding driver of the bus that killed the youths, some vandals considered themselves the law and took control of the streets for two days in a row.
On Sunday, anarchy peaked to a level that is rare even by our standards where road rage is almost a daily reality. A mob smashed the windshield and windowpanes of a parked van of Saipal Academy at Sukedhara with at least half-a-dozen school children still trapped inside. Defenseless, little children carrying school bags somehow managed to jump out of the van in utter terror, while the barbarians continued smashing the van oblivious of the children’s cries. Some of the children lost balance and tumbled onto the street after jumping off the van.
The barbaric act will certainly leave a psychological scar on the children and deplete their trust on grown-ups. Their parents will have a hard time convincing them that Kathmandu’s streets are safe and they can go to school in a school van once again.
Blocking traffic and vandalizing vehicles is a widespread malady in Nepal. It is the favorite method of political parties to press for their demands. But people are no longer in the mood to accept this as a legitimate political tool. On Sunday, commoners retaliated against a Maoist banda in Biratnagar and Banepa. This is a message to the political parties that people are fed up with street blockades and bandas.
But street is also the favorite place to protest for the flimsiest of reasons and for sadistic vandals who take advantage of anarchy by drawing sick pleasure out of the sufferings of others. Blockades and vandalism on the streets cannot help families of those who get killed in road traffic accidents get justice. Instead, it results in more injustice.
Police inaction against such vandals has encouraged the spread of this unacceptable culture. Police must make strong examples out of those who attacked the school van and other vehicles in Chabahil and Sukedhara. The streets must be made safe
Published on 2009-06-08 06:54:55
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=6024
Take action against guilty
REPUBLICA
What happened in Mahendra Bindeswori Campus on June 8 and the shameful developments over the next ten days is a stark reminder that rule of law is virtually absent in Nepal while the culture of impunity has permeated every aspect of our society.
In what looked like a grimmer replica of the incident that occurred in Tribhuvan University (TU), Kirtipur, in April, students of Mahendra Bindeswori Campus in Saptari district thrashed Campus Chief Devidatta Sah black and blue. However, the three student leaders – Ramchandra Yadav, Jaya Prakash Yadav and Santosh Yadav – arrested for involvement in the incident were released on Wednesday following intense pressure from 10 political parties including CPN-UML, UCPN (Maoist) and MPRF.
That our political parties, who do not see eye to eye on any single issue of grave national importance, lost no time in joining hands to press for the trio’s release not only speak volumes about their moral bankruptcy but also makes it evident that such lowly incidents are impossible without political patronage. Emboldened by the presence of their mother party in government, students belonging to the Maoist-aligned All Nepal National Independent Students’ Union-Revolutionary (ANNISU-R) had smeared black soot on the faces of TU’s Vice-Chancellor Dr Madhav Sharma and Rector Professor Dr Surya Man Amatya on April 22. Had those students been punished, maybe we would never have seen what happened at Mahendra Bindeswori Campus. The combination of political patronage and impunity is indeed taking our country to the dogs.
The lure of the teaching sector is primarily the prestige associated with it but if the very foundation on which the profession rests is repeatedly trampled upon, there may come a time when we will be left with just a handful of people who would see teaching as a career option. One does not have to be a rocket scientist to imagine the telling repercussions that it will have on our society if we happen to reach such a situation.
Though a lot of damage has already been done, there is never a wrong time for course correction. As a first step in the direction, the student leaders involved in the incident must be immediately suspended from their party while allowing the law to take its course. The political parties must also immediately start taking steps to put a complete full stop to the culture of impunity and political patronage.
Published on 2009-06-21 08:01:03
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=6568
What happened in Mahendra Bindeswori Campus on June 8 and the shameful developments over the next ten days is a stark reminder that rule of law is virtually absent in Nepal while the culture of impunity has permeated every aspect of our society.
In what looked like a grimmer replica of the incident that occurred in Tribhuvan University (TU), Kirtipur, in April, students of Mahendra Bindeswori Campus in Saptari district thrashed Campus Chief Devidatta Sah black and blue. However, the three student leaders – Ramchandra Yadav, Jaya Prakash Yadav and Santosh Yadav – arrested for involvement in the incident were released on Wednesday following intense pressure from 10 political parties including CPN-UML, UCPN (Maoist) and MPRF.
That our political parties, who do not see eye to eye on any single issue of grave national importance, lost no time in joining hands to press for the trio’s release not only speak volumes about their moral bankruptcy but also makes it evident that such lowly incidents are impossible without political patronage. Emboldened by the presence of their mother party in government, students belonging to the Maoist-aligned All Nepal National Independent Students’ Union-Revolutionary (ANNISU-R) had smeared black soot on the faces of TU’s Vice-Chancellor Dr Madhav Sharma and Rector Professor Dr Surya Man Amatya on April 22. Had those students been punished, maybe we would never have seen what happened at Mahendra Bindeswori Campus. The combination of political patronage and impunity is indeed taking our country to the dogs.
The lure of the teaching sector is primarily the prestige associated with it but if the very foundation on which the profession rests is repeatedly trampled upon, there may come a time when we will be left with just a handful of people who would see teaching as a career option. One does not have to be a rocket scientist to imagine the telling repercussions that it will have on our society if we happen to reach such a situation.
Though a lot of damage has already been done, there is never a wrong time for course correction. As a first step in the direction, the student leaders involved in the incident must be immediately suspended from their party while allowing the law to take its course. The political parties must also immediately start taking steps to put a complete full stop to the culture of impunity and political patronage.
Published on 2009-06-21 08:01:03
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=6568
Living in lawless times
DR HARI BANSHA DULAL
It’s been almost a month since Madhav Kumar Nepal was sworn in as the country’s new prime minister. While the country continues to hemorrhage from never-ending political instability and lawlessness, Mr. Nepal is yet to figure out ways to deal with his own share of problems: Filling cabinet berths, keeping ideologically- and temperamentally-incompatible coalition members’ support intact and, the hardest part of it all, finding ways of keeping the Maoists engaged and off the streets. Given the internal rifts within the major political parties and unquenching thirst for greater power amongst the coalition members, safeguarding the majority needed to remain in power may be harder than Mr. Nepal had anticipated.
Even though Mr. Nepal has done everything possible (from extending an olive branch to Maoists to bifurcating ministries to satisfy the demands for lucrative ministries by coalition partners and nominating cabinet members who are not members of the Constituent Assembly) in order to diffuse possible future rebellion against his leadership, in the muddied political culture whereby loyalties towards the power center outside the nation’s geographical boundary is greater than one’s own land and people, support for his government may vanish into thin air the very minute he fails to serve foreign interests in the capacity he is expected to. Pushpa Kamal Dahal is an example of what happens when you try to outgrow your foreign master. So, given the expectation from foreign masters and fragmented support from within the coalition partners, Mr. Nepal is sure to have a tightrope walk.
With social capital in tatters, financial capital leaving the country like never before, and now, the institutions responsible for producing human capital under attack, capital assets required to build a prosperous nation will become even more scarce in future.While the pie is being divided at a painfully slow pace, lawlessness is spiraling out of control. School bus carrying children is getting attacked by vandals and educators are being assaulted in broad daylight. An attack on a microbus carrying students of Saipal Academy at Sukedhara, Kathmandu, and a brutal physical assault on Devidatta Sah, the campus chief of Mahendra Bindeswori Campus, Rajbiraj, are examples of how uncivilized Nepali society is becoming with each passing day. The growing indecency within the college campuses is nothing new but what is becoming increasing troublesome is how the major political parties are coming out of the closet and supporting the goons in guise of students within the college campuses openly. The major political parties – NC, CPN-UML, MPRF, TMLP – instead of condemning the attack on Mr. Sah, ganged up in favor of the infamous Yadav trio – Ramchandra, Jaya Prakash and Santosh – who committed the crime of assaulting the campus chief. So, it is not only the Maoists whose actions are perpetuating lawlessness and culture of impunity in Nepal. The other major political parties are equally responsible.
Building a nation needs human capital. By supporting goons who traumatize children and attack educators, these very politicians, who talk about building a “New Nepal” are destroying the foundation in whatever capacity it might be available. Children, whose buses are getting attacked, will have no desire to remain in the land of goons when they grow up. Educators that are getting attacked will have no interest in sincerely imparting the knowledge that they have acquired by slogging hard. Like everything else, education system in Nepal too is crashing. With the culture of impunity seeping into college campuses, educational institutions across the nation may very well end up becoming brainwashed-demagogue producing factories.
Do our politicians have even the slightest sense of the need and role of human capital in governing the states that they are clamoring to establish in future? With social capital in tatters, financial capital leaving the country like never before, and now, the institutions responsible for producing human capital under attack, capital assets required to build a prosperous nation will become even more scarce in future. With what do they intend to build a “New Nepal” if the hoopla about building it is nothing but populist circus to remain in the corridors of power?
A brutal physical assault on Devidatta Sah, the campus chief of Mahendra Bindeswori Campus, Rajbiraj, is an example of how uncivilized Nepali society is becoming.From Rishi Dhamala to the Yadav trio, political parties by openly siding with perpetrators are not only promoting the culture of impunity but also subverting the judicial process, which could have very well taken care of unlawful activities that Devidatta Sah might have indulged in. While promoting political violence, what our politicians fail to realize is that it will definitely come back to haunt them in the future. Once these musclemen in college campuses across the nation gain further clout and make money, which in present day Nepal with booming abduction and extortion industry is not too difficult, they will outgrow their masters. You don’t have to go too far to witness this phenomenon. Just look at student politics in the Indian states of Bihar and Uttar Pradesh and what it has produced over the years and you will soon realize that a goon in guise of a student does have political ambitions and will do everything in his power to establish his foothold in politics.
While the Maoists are culprits for trying to establish a dictatorship of the proletariat in the name of “civilian supremacy,” the other major political parties are equally responsible for encouraging “jungle raj” in an otherwise peaceful nation by standing in favor of those that take laws into their hands. Where in the civilized nation do we see the major political parties coming out in favor of goons in the guise of students that assault mentors?
With each passing day, Nepal is increasingly becoming ungovernable. Priorities are different for different sets of people. For politicians, it is all about consolidating power, whereas for the general public, it is about day-to-day survival. What will it take and who will bring back the normalcy? The new “normal,” however, will never be the same; it will be about respecting each other’s ethnicity, religion, political beliefs and playing by the laws of the land. Even though there is not much ground to be convinced that the current government, which has not been able to take a proper shape so far, will be able to pull it off, it has saved us all, at least for now, from getting trapped into the clutches of self-righteous blowhards called the Maoists. But the political experiment continues.
Published on 2009-06-22 07:29:10
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=6585
It’s been almost a month since Madhav Kumar Nepal was sworn in as the country’s new prime minister. While the country continues to hemorrhage from never-ending political instability and lawlessness, Mr. Nepal is yet to figure out ways to deal with his own share of problems: Filling cabinet berths, keeping ideologically- and temperamentally-incompatible coalition members’ support intact and, the hardest part of it all, finding ways of keeping the Maoists engaged and off the streets. Given the internal rifts within the major political parties and unquenching thirst for greater power amongst the coalition members, safeguarding the majority needed to remain in power may be harder than Mr. Nepal had anticipated.
Even though Mr. Nepal has done everything possible (from extending an olive branch to Maoists to bifurcating ministries to satisfy the demands for lucrative ministries by coalition partners and nominating cabinet members who are not members of the Constituent Assembly) in order to diffuse possible future rebellion against his leadership, in the muddied political culture whereby loyalties towards the power center outside the nation’s geographical boundary is greater than one’s own land and people, support for his government may vanish into thin air the very minute he fails to serve foreign interests in the capacity he is expected to. Pushpa Kamal Dahal is an example of what happens when you try to outgrow your foreign master. So, given the expectation from foreign masters and fragmented support from within the coalition partners, Mr. Nepal is sure to have a tightrope walk.
With social capital in tatters, financial capital leaving the country like never before, and now, the institutions responsible for producing human capital under attack, capital assets required to build a prosperous nation will become even more scarce in future.While the pie is being divided at a painfully slow pace, lawlessness is spiraling out of control. School bus carrying children is getting attacked by vandals and educators are being assaulted in broad daylight. An attack on a microbus carrying students of Saipal Academy at Sukedhara, Kathmandu, and a brutal physical assault on Devidatta Sah, the campus chief of Mahendra Bindeswori Campus, Rajbiraj, are examples of how uncivilized Nepali society is becoming with each passing day. The growing indecency within the college campuses is nothing new but what is becoming increasing troublesome is how the major political parties are coming out of the closet and supporting the goons in guise of students within the college campuses openly. The major political parties – NC, CPN-UML, MPRF, TMLP – instead of condemning the attack on Mr. Sah, ganged up in favor of the infamous Yadav trio – Ramchandra, Jaya Prakash and Santosh – who committed the crime of assaulting the campus chief. So, it is not only the Maoists whose actions are perpetuating lawlessness and culture of impunity in Nepal. The other major political parties are equally responsible.
Building a nation needs human capital. By supporting goons who traumatize children and attack educators, these very politicians, who talk about building a “New Nepal” are destroying the foundation in whatever capacity it might be available. Children, whose buses are getting attacked, will have no desire to remain in the land of goons when they grow up. Educators that are getting attacked will have no interest in sincerely imparting the knowledge that they have acquired by slogging hard. Like everything else, education system in Nepal too is crashing. With the culture of impunity seeping into college campuses, educational institutions across the nation may very well end up becoming brainwashed-demagogue producing factories.
Do our politicians have even the slightest sense of the need and role of human capital in governing the states that they are clamoring to establish in future? With social capital in tatters, financial capital leaving the country like never before, and now, the institutions responsible for producing human capital under attack, capital assets required to build a prosperous nation will become even more scarce in future. With what do they intend to build a “New Nepal” if the hoopla about building it is nothing but populist circus to remain in the corridors of power?
A brutal physical assault on Devidatta Sah, the campus chief of Mahendra Bindeswori Campus, Rajbiraj, is an example of how uncivilized Nepali society is becoming.From Rishi Dhamala to the Yadav trio, political parties by openly siding with perpetrators are not only promoting the culture of impunity but also subverting the judicial process, which could have very well taken care of unlawful activities that Devidatta Sah might have indulged in. While promoting political violence, what our politicians fail to realize is that it will definitely come back to haunt them in the future. Once these musclemen in college campuses across the nation gain further clout and make money, which in present day Nepal with booming abduction and extortion industry is not too difficult, they will outgrow their masters. You don’t have to go too far to witness this phenomenon. Just look at student politics in the Indian states of Bihar and Uttar Pradesh and what it has produced over the years and you will soon realize that a goon in guise of a student does have political ambitions and will do everything in his power to establish his foothold in politics.
While the Maoists are culprits for trying to establish a dictatorship of the proletariat in the name of “civilian supremacy,” the other major political parties are equally responsible for encouraging “jungle raj” in an otherwise peaceful nation by standing in favor of those that take laws into their hands. Where in the civilized nation do we see the major political parties coming out in favor of goons in the guise of students that assault mentors?
With each passing day, Nepal is increasingly becoming ungovernable. Priorities are different for different sets of people. For politicians, it is all about consolidating power, whereas for the general public, it is about day-to-day survival. What will it take and who will bring back the normalcy? The new “normal,” however, will never be the same; it will be about respecting each other’s ethnicity, religion, political beliefs and playing by the laws of the land. Even though there is not much ground to be convinced that the current government, which has not been able to take a proper shape so far, will be able to pull it off, it has saved us all, at least for now, from getting trapped into the clutches of self-righteous blowhards called the Maoists. But the political experiment continues.
Published on 2009-06-22 07:29:10
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=6585
Nepal's armed groups
Nepal's armed groups
NARAYAN MANANDHAR
Based on evidences like threat notes, phone calls, fax copies and pamphlets collected from crime scenes, the Ministry of Home Affairs has recently released names of 109 armed groups and outfits assumed to be operating inside the country. Obviously, many of these are simply fake or criminal outfits masquerading as underground political groups. Recently, a group of extortionists were busted in the far-west operating in the name of Al-Qaeda. It is reported that the government is also studying these groups so that “criminal groups” can be isolated from “political groups” prior to launching the recently outlined special security measures.
Other than mere listing of the names, the report contains no details on the armed outfits. Therefore, it is difficult to generalize anything on their operational strengths and capacities. Yet, going by the listed names, some interesting observations can be made.
It will be interesting if somebody undertakes a full study of the origin and proliferation of armed groups and outfits in Nepal. What will be even more interesting to know is the reason why most of these groups are based in the Tarai plains.Tarai-Madhes concentration: Groups with Tarai/Madhes name tag seem to be the most popular. Simply counting the Tarai/Madhes/Tharu name tags, one can generalize that more than half of these outfits (58 out of 109) are based in the Tarai. A total of 38 groups have the Tarai word fixed to their titles, 15 groups have Madhes(i) word while another three groups have both the words in their names. There might be more groups whose titles do not contain words like Tarai, Madhes or Tharu but are still operating there. My conservative estimate will be that 70 to 75 percent of these armed groups must be based in the Tarai plains. With so many armed outfits operating in or from the Tarai, clearly the problems of public security must be high there. This is also evident from a recently released survey report on public security in Nepal (Saferworld April, 2009). The report found a significant level of insecurity in the Tarai plains. Why is the Tarai such an insecure place? I will leave it to the readers to find the answers themselves.
Ethnic and religious orientation: Again, going by their name tags, there are 11 groups formed with an ethnic cause – Limbuwan, Khambuwan, Kirat, Magar, Tamang, Mongol, etc. A total of six groups have Hindu and/or pro-monarchy orientation. As with Tarai-Madhes orientation, there may be more groups with ethnic and religion orientation but whose titles do not reflect that. Take for example Nepal Defence Army; this is definitely an outfit of Hindu fanatics. There are also groups with overlapping orientations. One can fairly generalize that four factors, namely region, religion, ethnicity and monarchy are the major planks for the operation of armed outfits. There are also groups like International Tigers and Nepal al-Qaeda World Terrorism, which seeks to give an impression that they have a global operation.
Mukti or Liberation/Revolution: After Tarai-Madhes, the second most popular word that goes with the name tag is the word Mukti, meaning liberation in Nepali. As many as 31 groups have mukti or liberation word suffixed to their titles. Krantikari or revolutionary is another popular word that goes with the title. Similarly, Janatantrik and Ganatantrik are two other popular words used by the armed groups. I cannot exactly figure out the difference between Jana and Gana but it must have something to do with the ongoing debate on “democratic” and “republic” concepts.
Inter-group factions & rivalry: Another distinguishing feature of these armed groups is the presence of inter-group rivalry and breakaway factions. Janatantrik Tarai Mukti Morcha goes by eight factions belonging to Ranavir, Himmat, Pawan, Tufan, Jwala Singh, Rajan, Prithivi and Bisfot. Similarly, Sanghiya Limbuwan Rajya Parishad has three factions belonging to Kumar Lingden, Sanjuhang and Misekhang. Since many of these groups are identified with the names of their leaders, personality cult must be a dominating factor in the operation of armed groups.
Army, Sena, Force and Military: After liberation, revolution and republicanism, other popular suffixes in the titles are army, sena, force, ladaku dal, or military. A total of 19 groups have name tags with words related to army. As for example, there is Terai Army, Madhes Special Force, or Rastriya Mukti Sena. Within these groups, army is the most popular suffix followed by sena, which also means army in Nepali. For example, Royal Defense Army, Nepal Defense Army, Royal Army Nepal, Tarai Army, Nepal Gorkha Army, Rastriya Liberation Army, etc.
Copycats: There are also groups with copycat titles like LTTE, which here means Liberation Tigers of Tarai Elam, or Nepal al-Qaida World Terrorism. These groups have nothing to do with their global counterparts other than to cash on their brand names.
Confusing Names: Some names are so confusing that they virtually look similar. There are so many groups having a title like Tarai Mukti Morcha that one can easily get confused and get lost with the name tags. There is Akhil Tarai Mukti Morcha, Janatantrik Tarai Mukti Morcha, Ganatantrik Tarai Mukti Morcha and Janabadi Ganatantrik Mukti Morcha. There is also a group called Tarai Ganatantrik Mukti Morcha.
Amazing Names, Bizarre Titles: There are some groups with amazing names and bizarre titles. Some of the names are: Tamang Cobra, Tarai Cobra, Nag Raj, Madhesi Virus Killers, Tarai Commando, Ajingar X, Dinosaurs and Bhishan Himali Bagh. Just hearing these names can scare you off. Tigers may be dead in Sri Lanka but it is very much live and kicking in Nepal. Out of 16 groups having titles with scary animal names, nine of them have “tiger” fixed to their titles – Tarai Tigers, Madhesi Tigers, Himali Tigers, International Tigers, etc.
It will be interesting if somebody undertakes a full study of the origin, growth, proliferation and operation of these armed groups and outfits in Nepal. What will be even more interesting to know is the reason why the majority of these groups are based in the Tarai plains. It would also be interesting to learn about their underlying motives. These groups can be both the cause and the consequences of general lawlessness in the society. They can also be the product of the decade-long Maoist conflict or the result of our own unregulated open border policy in the south
Published on 2009-08-29 07:50:48
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=9156
NARAYAN MANANDHAR
Based on evidences like threat notes, phone calls, fax copies and pamphlets collected from crime scenes, the Ministry of Home Affairs has recently released names of 109 armed groups and outfits assumed to be operating inside the country. Obviously, many of these are simply fake or criminal outfits masquerading as underground political groups. Recently, a group of extortionists were busted in the far-west operating in the name of Al-Qaeda. It is reported that the government is also studying these groups so that “criminal groups” can be isolated from “political groups” prior to launching the recently outlined special security measures.
Other than mere listing of the names, the report contains no details on the armed outfits. Therefore, it is difficult to generalize anything on their operational strengths and capacities. Yet, going by the listed names, some interesting observations can be made.
It will be interesting if somebody undertakes a full study of the origin and proliferation of armed groups and outfits in Nepal. What will be even more interesting to know is the reason why most of these groups are based in the Tarai plains.Tarai-Madhes concentration: Groups with Tarai/Madhes name tag seem to be the most popular. Simply counting the Tarai/Madhes/Tharu name tags, one can generalize that more than half of these outfits (58 out of 109) are based in the Tarai. A total of 38 groups have the Tarai word fixed to their titles, 15 groups have Madhes(i) word while another three groups have both the words in their names. There might be more groups whose titles do not contain words like Tarai, Madhes or Tharu but are still operating there. My conservative estimate will be that 70 to 75 percent of these armed groups must be based in the Tarai plains. With so many armed outfits operating in or from the Tarai, clearly the problems of public security must be high there. This is also evident from a recently released survey report on public security in Nepal (Saferworld April, 2009). The report found a significant level of insecurity in the Tarai plains. Why is the Tarai such an insecure place? I will leave it to the readers to find the answers themselves.
Ethnic and religious orientation: Again, going by their name tags, there are 11 groups formed with an ethnic cause – Limbuwan, Khambuwan, Kirat, Magar, Tamang, Mongol, etc. A total of six groups have Hindu and/or pro-monarchy orientation. As with Tarai-Madhes orientation, there may be more groups with ethnic and religion orientation but whose titles do not reflect that. Take for example Nepal Defence Army; this is definitely an outfit of Hindu fanatics. There are also groups with overlapping orientations. One can fairly generalize that four factors, namely region, religion, ethnicity and monarchy are the major planks for the operation of armed outfits. There are also groups like International Tigers and Nepal al-Qaeda World Terrorism, which seeks to give an impression that they have a global operation.
Mukti or Liberation/Revolution: After Tarai-Madhes, the second most popular word that goes with the name tag is the word Mukti, meaning liberation in Nepali. As many as 31 groups have mukti or liberation word suffixed to their titles. Krantikari or revolutionary is another popular word that goes with the title. Similarly, Janatantrik and Ganatantrik are two other popular words used by the armed groups. I cannot exactly figure out the difference between Jana and Gana but it must have something to do with the ongoing debate on “democratic” and “republic” concepts.
Inter-group factions & rivalry: Another distinguishing feature of these armed groups is the presence of inter-group rivalry and breakaway factions. Janatantrik Tarai Mukti Morcha goes by eight factions belonging to Ranavir, Himmat, Pawan, Tufan, Jwala Singh, Rajan, Prithivi and Bisfot. Similarly, Sanghiya Limbuwan Rajya Parishad has three factions belonging to Kumar Lingden, Sanjuhang and Misekhang. Since many of these groups are identified with the names of their leaders, personality cult must be a dominating factor in the operation of armed groups.
Army, Sena, Force and Military: After liberation, revolution and republicanism, other popular suffixes in the titles are army, sena, force, ladaku dal, or military. A total of 19 groups have name tags with words related to army. As for example, there is Terai Army, Madhes Special Force, or Rastriya Mukti Sena. Within these groups, army is the most popular suffix followed by sena, which also means army in Nepali. For example, Royal Defense Army, Nepal Defense Army, Royal Army Nepal, Tarai Army, Nepal Gorkha Army, Rastriya Liberation Army, etc.
Copycats: There are also groups with copycat titles like LTTE, which here means Liberation Tigers of Tarai Elam, or Nepal al-Qaida World Terrorism. These groups have nothing to do with their global counterparts other than to cash on their brand names.
Confusing Names: Some names are so confusing that they virtually look similar. There are so many groups having a title like Tarai Mukti Morcha that one can easily get confused and get lost with the name tags. There is Akhil Tarai Mukti Morcha, Janatantrik Tarai Mukti Morcha, Ganatantrik Tarai Mukti Morcha and Janabadi Ganatantrik Mukti Morcha. There is also a group called Tarai Ganatantrik Mukti Morcha.
Amazing Names, Bizarre Titles: There are some groups with amazing names and bizarre titles. Some of the names are: Tamang Cobra, Tarai Cobra, Nag Raj, Madhesi Virus Killers, Tarai Commando, Ajingar X, Dinosaurs and Bhishan Himali Bagh. Just hearing these names can scare you off. Tigers may be dead in Sri Lanka but it is very much live and kicking in Nepal. Out of 16 groups having titles with scary animal names, nine of them have “tiger” fixed to their titles – Tarai Tigers, Madhesi Tigers, Himali Tigers, International Tigers, etc.
It will be interesting if somebody undertakes a full study of the origin, growth, proliferation and operation of these armed groups and outfits in Nepal. What will be even more interesting to know is the reason why the majority of these groups are based in the Tarai plains. It would also be interesting to learn about their underlying motives. These groups can be both the cause and the consequences of general lawlessness in the society. They can also be the product of the decade-long Maoist conflict or the result of our own unregulated open border policy in the south
Published on 2009-08-29 07:50:48
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=9156
Respecting the disappeared
NAVARAJ PUDASAINI
Each enforced disappearance violates a swathe of human rights: The right to security and dignity of a person; the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment; the right to humane conditions of detention as well as rights related to fair trial and family life. Despite the existence of some international resolutions as well as regional laws in dealing with the cases of disappearance, the International Convention for the Protection of All Persons from Enforced Disappearance adopted by the United Nations General Assembly on Dec 20, 2006, represents an extremely important development in the fight against enforced disappearances and for the protection of victims and their families. Some of its provisions have set important new standards such as the right to know the truth about the fate of a disappeared person. The Convention was opened for signature on Feb 6, 2007. By July this year, 81 states had signed the convention while 13 states had ratified it. It will come into force once it is ratified by 20 states-parties.
Enforced disappearance like other unlawful acts challenges the very concept of human rights: It amounts to the denial of the right of all persons to exist, to have an identity. Enforced disappearance turns a human being into a non-being.No doubt, states are required to lead prompt, impartial and thorough investigations into human rights violations – an indispensable first step towards shedding light on possible criminal behavior, to examine the circumstances in which it took place and identify the persons responsible for the abuses. Whenever these abuses constitute crimes, states must also take necessary measures to ensure that the perpetrators are brought to trial and, when applicable, sentenced to a punishment commensurate with the crime committed. In addition, each state is required to make available effective legal remedies to the victims, meaning that these should be easily accessible and able to compensate the injuries caused. Furthermore, it falls within the duties of the state (1) to ensure that victims receive adequate compensation, (2) to enforce their right to learn the truth about the abuses they or their relatives suffered and (3) to undertake reforms or all other necessary measures in order to avoid the repetition of such acts.
Enforced disappearance like other unlawful acts challenges the very concept of human rights: It amounts to the denial of the right of all persons to exist, to have an identity. Enforced disappearance turns a human being into a non-being. It is the ultimate corruption, the abuse of power that allows the perpetrators, while committing abominable crimes, to reduce law and order to something insignificant. The belief is that the past cannot, indeed must not, be forgotten. Forgetting or ignoring the past means we cannot learn lessons from it and are at great risk of repeating it.
Nepal, having ratified various international human rights treaties, has an international obligation to protect the right to life, safety and security of its citizens. The country is still in a transitional period trying to address the past human rights abuses to overcome future collapse. With the end of the decade-long armed conflict, a number of legal and political commitments have been made by the transitional governments and the major political parties to form commissions such as Truth and Reconciliation Commission and Disappearances Commission to uncover or investigate and figure out the facts that occurred during the conflict. Unfortunately, no particular attention has been paid to the plight of victims and the several written agreements and accords have been largely neglected.
The number of people who disappeared during the decade-long armed conflict in Nepal is very high. The families of the victims are eager to know the whereabouts of their kin. Unfortunately, family members of those who were killed were neither informed about the deaths, nor could they retrieve the dead bodies to carry out the religious rituals. Some of the family members of such victims still live with the belief that their relatives might return any time. Despite the Supreme Court’s directive to the government for immediate formation of a Disappearances Commission, successive governments have remained reluctant to take steps in this direction.
It is high time that a Disappearances Commission is set-up to take proactive steps to address past rights abuses. Dealing with the past is the key for Nepal in advancing peace and in finding a common ground on which to stand. The longer past injustices remain unaddressed, the greater the risk. The question of why the political figures are afraid of establishing such a commission has come along. Healing trauma, listening to voices of victims and holding perpetrators accountable for committed crimes are prerequisites for each country to transform and rebuild public confidence in the state.
The state should no longer delay the formation of Disappearances Commission and the Truth and Reconciliation Commission. Nepal must immediately ratify the International Convention for the Protection of All Persons from Enforced Disappearance. The absence of any serious efforts on the part of a state to take action, including criminal proceedings against those considered to be responsible for violating human rights, constitutes failure on its part to respect an individual’s recognized rights. A state which is not dedicated to putting a stop to abuses perpetrated under its administration is not in a position to claim that it guarantees the rights of its citizens.
(Writer is a human rights lawyer.)
navaraj.law@gmail.com
Published on 2009-09-01 08:15:38
Source: http://www.myrepublica.com/portal/index.php?action=news_details&news_id=9267
Each enforced disappearance violates a swathe of human rights: The right to security and dignity of a person; the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment; the right to humane conditions of detention as well as rights related to fair trial and family life. Despite the existence of some international resolutions as well as regional laws in dealing with the cases of disappearance, the International Convention for the Protection of All Persons from Enforced Disappearance adopted by the United Nations General Assembly on Dec 20, 2006, represents an extremely important development in the fight against enforced disappearances and for the protection of victims and their families. Some of its provisions have set important new standards such as the right to know the truth about the fate of a disappeared person. The Convention was opened for signature on Feb 6, 2007. By July this year, 81 states had signed the convention while 13 states had ratified it. It will come into force once it is ratified by 20 states-parties.
Enforced disappearance like other unlawful acts challenges the very concept of human rights: It amounts to the denial of the right of all persons to exist, to have an identity. Enforced disappearance turns a human being into a non-being.No doubt, states are required to lead prompt, impartial and thorough investigations into human rights violations – an indispensable first step towards shedding light on possible criminal behavior, to examine the circumstances in which it took place and identify the persons responsible for the abuses. Whenever these abuses constitute crimes, states must also take necessary measures to ensure that the perpetrators are brought to trial and, when applicable, sentenced to a punishment commensurate with the crime committed. In addition, each state is required to make available effective legal remedies to the victims, meaning that these should be easily accessible and able to compensate the injuries caused. Furthermore, it falls within the duties of the state (1) to ensure that victims receive adequate compensation, (2) to enforce their right to learn the truth about the abuses they or their relatives suffered and (3) to undertake reforms or all other necessary measures in order to avoid the repetition of such acts.
Enforced disappearance like other unlawful acts challenges the very concept of human rights: It amounts to the denial of the right of all persons to exist, to have an identity. Enforced disappearance turns a human being into a non-being. It is the ultimate corruption, the abuse of power that allows the perpetrators, while committing abominable crimes, to reduce law and order to something insignificant. The belief is that the past cannot, indeed must not, be forgotten. Forgetting or ignoring the past means we cannot learn lessons from it and are at great risk of repeating it.
Nepal, having ratified various international human rights treaties, has an international obligation to protect the right to life, safety and security of its citizens. The country is still in a transitional period trying to address the past human rights abuses to overcome future collapse. With the end of the decade-long armed conflict, a number of legal and political commitments have been made by the transitional governments and the major political parties to form commissions such as Truth and Reconciliation Commission and Disappearances Commission to uncover or investigate and figure out the facts that occurred during the conflict. Unfortunately, no particular attention has been paid to the plight of victims and the several written agreements and accords have been largely neglected.
The number of people who disappeared during the decade-long armed conflict in Nepal is very high. The families of the victims are eager to know the whereabouts of their kin. Unfortunately, family members of those who were killed were neither informed about the deaths, nor could they retrieve the dead bodies to carry out the religious rituals. Some of the family members of such victims still live with the belief that their relatives might return any time. Despite the Supreme Court’s directive to the government for immediate formation of a Disappearances Commission, successive governments have remained reluctant to take steps in this direction.
It is high time that a Disappearances Commission is set-up to take proactive steps to address past rights abuses. Dealing with the past is the key for Nepal in advancing peace and in finding a common ground on which to stand. The longer past injustices remain unaddressed, the greater the risk. The question of why the political figures are afraid of establishing such a commission has come along. Healing trauma, listening to voices of victims and holding perpetrators accountable for committed crimes are prerequisites for each country to transform and rebuild public confidence in the state.
The state should no longer delay the formation of Disappearances Commission and the Truth and Reconciliation Commission. Nepal must immediately ratify the International Convention for the Protection of All Persons from Enforced Disappearance. The absence of any serious efforts on the part of a state to take action, including criminal proceedings against those considered to be responsible for violating human rights, constitutes failure on its part to respect an individual’s recognized rights. A state which is not dedicated to putting a stop to abuses perpetrated under its administration is not in a position to claim that it guarantees the rights of its citizens.
(Writer is a human rights lawyer.)
navaraj.law@gmail.com
Published on 2009-09-01 08:15:38
Source: http://www.myrepublica.com/portal/index.php?action=news_details&news_id=9267
Disappearance Commission
REPUBLICA
In a welcome move, albeit a belated one, the government has taken steps to form a commission to look into disappearance cases during the 1996-2006 Maoist conflict. Once the cabinet approves the disappearance bill, and the parliament passes it, the work towards finding the ultimate truth on missing persons should begin in earnest. The political parties avoided forming the Disappearance Commission – and the Truth and Reconciliation Commission (TRC) – by erroneously thinking that it would rupture the peace process. The government, if we may add, also needs to initiate forming TRC since it can cover crimes other than disappearances.
The Disappearance Commission was long overdue. That it took so long reflect very badly on our decision makers. In the meantime, those whose near and dear ones were made to disappear are made to suffer an agonizing wait. We have had three governments since April 2006 but this essential task was never given a priority. Tall talks and big promises were regular features during these three years, though. People who lost their loved ones need to be told what happened to those who never returned home.
But we are very skeptical. Will the commission, when it is formed, truly be an independent body? Can it sincerely dig out old cases and publish its findings? Can it carry out its task without fear or favor? We have doubts, and very serious ones. After all, our political leaders are yet to give shape to an institution that is free from political bias or selfish motives. Powerful and influential people who could be in the dock for gross violations during the conflict period are still in a position to obstruct the functioning of the commission. The fiasco over TRC is still fresh in our memory. The then government, with tacit approval from the then Communist Party of Nepal (Maoist) and the Nepal Army, came up with a draft bill that aimed more at protecting the perpetrators of serious crimes than punishing them and providing justice to the families of the victims.
The need, therefore, is to make the Disappearance Commission very effective. The first essential for an effective and unbiased commission is to appoint people with integrity as members of the commission. Have at least a former jurist or lawyer, an ex-police officer, a human rights worker and a psychologist among the five members. Preferably, at least one of them should be a woman. The three mandates of the commission – probing disappearances, identifying those responsible for such crimes and recommending reparations for victims – must be backed by adequate resources. The manpower, money and logistics needed for the commission to carry out its responsibilities must be beyond question. The sincerity of the government and the parties on providing justice to victims will hinge on these factors
Published on 2009-09-08 07:27:11
Source: http://www.myrepublica.com/portal/index.php?action=news_details&news_id=9531
In a welcome move, albeit a belated one, the government has taken steps to form a commission to look into disappearance cases during the 1996-2006 Maoist conflict. Once the cabinet approves the disappearance bill, and the parliament passes it, the work towards finding the ultimate truth on missing persons should begin in earnest. The political parties avoided forming the Disappearance Commission – and the Truth and Reconciliation Commission (TRC) – by erroneously thinking that it would rupture the peace process. The government, if we may add, also needs to initiate forming TRC since it can cover crimes other than disappearances.
The Disappearance Commission was long overdue. That it took so long reflect very badly on our decision makers. In the meantime, those whose near and dear ones were made to disappear are made to suffer an agonizing wait. We have had three governments since April 2006 but this essential task was never given a priority. Tall talks and big promises were regular features during these three years, though. People who lost their loved ones need to be told what happened to those who never returned home.
But we are very skeptical. Will the commission, when it is formed, truly be an independent body? Can it sincerely dig out old cases and publish its findings? Can it carry out its task without fear or favor? We have doubts, and very serious ones. After all, our political leaders are yet to give shape to an institution that is free from political bias or selfish motives. Powerful and influential people who could be in the dock for gross violations during the conflict period are still in a position to obstruct the functioning of the commission. The fiasco over TRC is still fresh in our memory. The then government, with tacit approval from the then Communist Party of Nepal (Maoist) and the Nepal Army, came up with a draft bill that aimed more at protecting the perpetrators of serious crimes than punishing them and providing justice to the families of the victims.
The need, therefore, is to make the Disappearance Commission very effective. The first essential for an effective and unbiased commission is to appoint people with integrity as members of the commission. Have at least a former jurist or lawyer, an ex-police officer, a human rights worker and a psychologist among the five members. Preferably, at least one of them should be a woman. The three mandates of the commission – probing disappearances, identifying those responsible for such crimes and recommending reparations for victims – must be backed by adequate resources. The manpower, money and logistics needed for the commission to carry out its responsibilities must be beyond question. The sincerity of the government and the parties on providing justice to victims will hinge on these factors
Published on 2009-09-08 07:27:11
Source: http://www.myrepublica.com/portal/index.php?action=news_details&news_id=9531
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