Sunday, April 28, 2013

Amnesty for Nepali war crimes could undermine peace, U.N. warns

Children play at the main road during the nationwide strike called by the Communist Party of Nepal-Maoist in Kathmandu March 6, 2013. REUTERS/Navesh Chitrakar
KATHMANDU | Fri Apr 26, 2013 11:54am EDT
(Reuters) - Nepal risks more bloodshed in the future if a planned panel set up to investigate crimes committed during a decade-long civil war is given the power to offer amnesty, a senior official from the UN human rights agency said on Friday.
The volatile Himalayan nation is still recovering from a brutal civil conflict which ended in 2006 and in which more than 16,000 were killed, hundreds disappeared and thousands injured.
Sabina Lauber, in charge of Nepal at the U.N. Office of the High Commissioner for Human Rights, said giving amnesty to anyone guilty of serious crimes ran counter to Nepal's obligations to humanitarian law and would deny victims their right to justice.
"The state of Nepal has an obligation to investigate the truth and prosecute those responsible for grave human rights violations," Lauber, on a visit to Nepal, told Reuters.
"Amnesty prevents genuine peace and risks new conflict," she said after a meeting with conflict victims and human rights workers in Kathmandu. "Victims don't forget these crimes."
Nepal's main political parties, including Maoist former rebels, finalized an order last month to set up the Truth and Reconciliation Commission as part of a Comprehensive Peace Accord aimed at healing wounds left by the war.
As part of a deal, they included a clause allowing the panel to grant amnesty in some cases. Victim groups fear the vague wording is designed to let powerful rights abusers off the hook, possibly even those guilty of serious abuses.
Both the security forces and the Maoists have been accused of human rights violations including unlawful killings, torture and rape during the conflict.
The army has promoted suspects while Maoists accused of serious crimes occupy senior positions in the party.
In response to a petition from victims, the Supreme Court has ordered the government not to set up the commission before explaining to the court the decision to include the possibility of amnesty. The next hearing is set for May 2.
In January, an army colonel vacationing in Britain was arrested on suspicion of torture allegedly committed during Nepal's civil war - the most senior Nepalese army officer held for crimes dating back to the conflict.
In Nepal, the Supreme Court and district courts have issued arrest warrants against those found guilty of rights abuses in the past, but they have not been implemented. No one so far has been arrested or tried in a civilian court for serious abuses.
(Reporting by Gopal Sharma; editing by Mike Collett-White)
http://www.reuters.com/article/2013/04/26/us-nepal-truth-idUSBRE93P0WC20130426

Wednesday, April 3, 2013

SC issues interim order against TRC ordinance

REPUBLICA ONLINE
KATHMANDU, April 1: The Supreme Court (SC) on Monday issued an interim order against the ordinance on Truth and Reconciliation Commission (TRC).

A single bench of Justice Sushila Karki issued the order in response to two writ petitions filed separately at the apex court against the ordinance.

A group of lawyers led by advocate Madhav Kumar Basnet moved the apex court arguing that the provisions in the TRC ordinance to give amnesty even to those involved in heinous crimes is against the principle of transitional justice and international humanitarian law.

“The provision that the TRC as per its discretion can give amnesty for any crimes apart from rape has deprived the victims of the right to legal remedy,” reads the writ petition.

The second writ petition, which was filed by the victims of the conflict, has demanded the apex court to scrap clause 13, 23, 25 and 29 of the ordinance on TRC. They have argued that the ordinance on TRC is also against Article 12 (1), 13 (1) and 24 (9) of the Interim Constitution.

Tuesday, April 2, 2013

Joke’s on us

  • While innocent citizens are denied access to state mechanisms and justice, perpetrators are most secure near state and political machinery


Bidushi Dhungel
APR 03 -
By chance, a few Occupy Baluwatar campaigners were invited to a meeting in the Gender Based Violence monitoring unit at the Prime Minister’s Office to suggest policy reforms on issues related to violence against women and to recommend ways for the government to improve its response mechanisms. That Occupy campaigners were invited, one might think, was a great feat in itself. However, one couldn’t help but see the futility in the exercise considering that more policy is probably the last thing that’s necessary to address incidents of violence against women. What’s more is that the state is incapable of fulfilling six demands related to a mere five cases of violence against women, but is headstrong about sitting in meeting after meeting to address “VAW” through policy formation and reform.
Even in the presence of continued street pressure and an entire committee formed inside the PMO and the Women’s Commission, fundamental demands, such as making a person’s whereabouts public, following court orders, implicating high-ranking officials and registering FIRs, remain ignored. But, as for the meeting at the PMO, missing an opportunity to push the cause of justice would have been unwise.

A chance sighting
As is usual, after about an hour of queuing up in the scorching sun, using “force” to get a couple of extra names—of those who didn’t have their citizenship cards—sent to the right window and waiting for the rest of our names to be sent to the window, finally a group of us accomplished the incredibly difficult task of entering Singha Durbar.
On the way towards the PMO in a car, at the junction in front of the building which houses the Ministry of Labour and Employment and the Ministry for Women, Children and Social Welfare, we almost collided with a Hero Honda Pleasure scooter, causing both vehicles to come grinding to a halt. To our utter shock and dismay, murder convict Bal Krishna Dhungel, against whom there is a Supreme Court order for life imprisonment, and “farar” according to the police, was sitting on the back seat merrily making his way into the ministry building. What a coincidence. But we’ll come back to him in a bit. First, to finish the story about the meeting at the PMO and our suggestions on formulating policies to curb “VAW”.
Who is the criminal here?
Upon reaching the PMO building, the guard stopped us for interrogation. We clarified that we had been invited by the GBV monitoring unit for a meeting to discuss important matters. Unfortunately, that invitation was no good. We needed a piece of paper, a “chit”, that was supposed to have been given to us at the main gate. Upon telling the guard that the gatekeepers took away the “chit” and didn’t return it to us, he chose not to believe us and insinuated that somehow we got inside without permission. “Obviously, we didn’t fly in,” we told him, but to no avail. Even after a woman from the GBV unit came up to receive us, the guard still denied us entry. Frustrated with the scheme of things, we decided that, alas, after an hour and a half of trying to get to this meeting, to which we were invited, our efforts were wasted. Ultimately, and most unfortunately, no suggestions from the Occupy campaigners have been incorporated into the long term policy guidelines drafted by the GBV unit at the PMO that would supposedly work towards curbing violence against women.

So dysfunctional it’s scary
Meanwhile, we had seen just a while ago, with our very own eyes, murder convict BK Dhungel walking into a nearby ministry with no one to stop him. It’s quite repugnant that a group of law-abiding citizens, who have been on the street for nearly 100 days demanding justice for victims of all kinds of abuse, should be denied entry into the PMO, even as invited guests, while BK Dhungel, the murderer of one Ujjan Kumar Shrestha of Okhaldhunga (for personal—not political—reasons, according to the SC), roams unstopped from one ministry to the other inside Singha Durbar. While we fear the bureaucratic hurdles and political ineptitude of those residing behind those tall gates, Dhungel (and other convicts like him) revel in their inefficiency and the injustice this state promotes.
To add fuel to frustration, since the new Chairman of the Council of Ministers, Khil Raj Regmi, came into office, (who, by the way, signed the SC order that states that there are no legal hurdles to arrest BK Dhungel) the Occupy campaigners have been requesting a meeting with him to hand over our updated list of demands related to justice for victims of violence (four against women and two against men). But, while we have
been put indefinitely on the waiting list, the news doing the rounds is that murderer BK Dhungel has already met him as Dhungel’s cousin is one of the ministers in Cabinet. What a blow to our efforts.

Reap what we sow
Similarly, when, on March 17, supporters and cadres of the UCPN (Maoist) came to occupy our protest site, overnight, instead of rallying support for the cause of justice, the campaign was bombarded by criticism from all corners claiming we’d got what we’d asked for, that we were anti-Maoist, raking in dollars, funded by the Nepali Congress, UML, Ishwor Pokhrel and all other anti-Maoist forces. In fact, acc-ording to the most powerful politician of all, we were engaging in a “street dance” and trying to “derail” the peace process.  And yet, not a single organisation—political or otherwise—thought it necessary to condemn the attack on the citizen’s right to peaceful protest, right to justice or the attack on democratic norms. Perhaps that would have been different had we actually been funded by a political party or international organisation.
The joke, it turns out, was on us all along. As innocent victims and citizens continue to fight for justice, the perpetrators of all sorts of heinous crimes continue to walk free, happiest and wrapped up warm in the loving arms of this just state.
Posted on: 2013-04-03 08:38

http://www.ekantipur.com/2013/04/03/opinion/jokes-on-us/369414.html