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