Justice delayed

• While the TRC is being formed, investigations into conflict-era cases will need to be 

AUG 13 -On June 4, 2004, 18-year old Krishna Adhikari was taken from his home in Phujel, Gorkha by the then Maoist rebels. Later, his dead body was discovered in Chitwan. In the nine long years since then, Krishna’s parents, Nanda Prasad and Ganga Maya, have visited the police, the National Human Rights Commission, human rights activists and lawyers. All to no avail. After exhausting all their resources, in January this year, the couple staged a hunger strike outside of the Prime Minister’s residence in Baluwatar. They were removed time and again by the authorities, sometimes arrested, one time even sent back to Gorkha. But they always returned. Finally, in a move reminiscent of Soviet-era repression, the government confined the Adhikaris to the Nepal Mental Hospital in Lagankhel for around 40 days. They were discharged after doctors found nothing wrong with them. The couple have since restarted their hunger strike in the emergency ward of the Bir Hospital.

Nepal’s 10-year civil conflict saw thousands of cases such as that of Krishna Adhikari. The UN Office of the High Commissioner for Human Rights’ (OHCHR) ‘Nepal Conflict Report 2012’ has documented over 9,000 cases of “serious violations of international human rights law and international humanitarian law”, which include unlawful killings, disappearances, torture, arbitrary arrests and sexual violence. In the foreword to the report, UN High Commissioner Navi Pillay has taken the state to task for not holding human rights violators accountable and remaining apathetic to the suffering of victims and families. While transitional states must take great care to balance the twin pillars of peace and justice, it must not come at the expense of victims and their rights to justice, punitive or otherwise. That said, transitional justice and human rights should not be used as tools to settle old scores. The aim should always be lasting peace and stability through the uncovering of crimes committed during the conflict and reconciliation between victims and perpetrators.

Seven years since the signing of the Comprehensive Peace Accord, little has been done regarding transitional justice, which is a crucial aspect of the peace process. To that end, a proper Truth and Reconciliation Commission (TRC) is instrumental. The political parties must conscientiously address the rightful concerns of human rights organisations and the international community regarding provisions for blanket amnesty in the TRC ordinance approved by the President. Selective amnesty, like in the case of Northern Ireland, can sometimes pave the way for lasting peace but blanket amnesty will only foster resentment and could provide ground for extra-judicial retaliation. A capable, independent TRC, in line with international human rights norms, needs to be swiftly formed. But in the meantime, investigations will need to be initiated into cases such as that of Krishna Adhikari. Transitional justice should complement traditional justice mechanisms, not replace them. Agendas of elections and constitution-making have long overshadowed transitional justice but any longer and the suffering of victims runs the risk of being consigned to the history books.

Posted on: 2013-08-13 08:50