Nepal's Historic Opportunity to Resolve Transitional Justice

The current government led by Balendra Shah has a unique and historic opportunity to resolve transitional justice. Looking at the composition of the current government, most of the participants were not directly at the decision-making level during the armed conflict. Although some of them may have been affected by the conflict, most are observers or well-acquainted with the Maoist's 10-year People's War, the complex political situation of that time, the 2062/063 People's Movement, the unity of the seven political parties, and the subsequent outcomes, yet they do not carry the burden of the old legacy.

Therefore, if the current government develops a strong sense of responsibility to resolve this complex issue, it seems that the work will be much easier. The main reason why the justice process could not move forward in the past is that the parties involved in yesterday's conflict were themselves in power.

On one side, the Nepali Congress, CPN (UML), and royalist political groups including former King Gyanendra, and on the other side, the rebel Maoists and their leadership including Pushpa Kamal Dahal, were in a situation where they had to be held accountable. Because both sides had weaknesses somewhere and feared being held accountable for those weaknesses, this process could not move towards a resolution.

From the perspective of accountability, some consider killings, rapes, injuries, or victimization during the war as the normal nature of war. However, it is important whether the events that occurred during the conflict were within or outside the international values and norms of human rights.

Unilateral attacks in the name of war, killings after being taken into custody, or violations of the rules of war that both the rebels and the state side were supposed to follow cannot be considered normal. The state side was supposed to be even more responsible and lawful. Even if the leadership commanded, the leadership must ultimately take responsibility for the abuse of power by the implementation level.

One can take the context of Prachanda saying that he takes responsibility for the five thousand deaths while stating that he personally did not kill anyone.

If the leadership admits that mistakes were made by subordinates, they should punish them and show themselves to be clean. Otherwise, if those acts were done by the decision of the high command, the leadership itself must be held responsible. However, in the past, there was a tendency to cover up the violence committed by their cadres or subordinates and claim that they were innocent.

For example, one can take the context of Prachanda saying that he takes responsibility for the five thousand deaths while stating that he personally did not kill anyone. Saying that I take responsibility is not just a verbal matter; it is also an admission and a readiness to face punishment. For the leadership to say 'I have not personally killed anyone' is a kind of irresponsible presentation. Because the leadership must bear the political and moral responsibility for all actions.

During the conflict, many issues such as arrests, kidnappings, disappearances, and maiming by the state's army and police and the rebels, as well as property looting and land grabbing by the rebels, remain unanswered. Because the past state side and the rebel side were sitting in the government together in the later phase, fighting elections together, and having an undeclared understanding to keep each other in balance, this process could not move forward.

Once both sides were guilty somewhere, a situation arose where they remained indifferent to protecting each other's interests. But since the current government and Balen himself are far from those events, this is a positive aspect for them. They are not direct stakeholders in the entire event. However, who comes to the leadership of the government is secondary because the leader of the current government is the continuous successor of the past governments.

Therefore, if the government takes a resolution to guarantee justice from the heart and make it successful, it will be a very big achievement.

When truth cannot be determined and the matter of the disappeared does not come out, our security officials have to feel humiliated at the international level and face difficulties in going to various places.

Just as the integration of weapons and the army was completed in Nepal as a successful and original model, it is possible to conclude these remaining issues by relying on theoretical and legal grounds. For this, the government needs to be a little open, liberal, and responsible. Doing so will create a situation where the security agencies will also support the government.

When truth cannot be determined and the matter of the disappeared does not come out, our security officials have to feel humiliated at the international level and face difficulties in going to various places. This has also raised questions about the image of the security agencies. Resolving this issue will bring cleanliness to the security organization and create an environment where they feel safe.

There is a great psychological fear among security personnel that the political leadership will get together and escape, but only the security officials at the technical and implementation level will be the 'victims'. Yes, most of the violent incidents from the state side during the conflict were committed by security personnel, but if they were based on political decisions, there is no need to fear. Otherwise, those who are guilty must be ready to face punishment according to the nature of the crime and cooperate.

But there is another important aspect: no one is allowed to rape, kill unarmed people, maim, or commit inhumane and heinous crimes in the name of war. Those involved in such heinous crimes must be brought to justice. The Terrorist and Disruptive Activities Act (TADA), the Prevention of Terrorist Act (POTA), and the declaration of a state of emergency gave security personnel the right to use excessive force, which some misused for undue advantage. Punishing such characters will enhance the image of the security structure itself.

Nepal's peace process is seen as a very important and positive chapter in conflict-ridden countries of the world. With the start of the peace process, the army integration and the post-conflict strife were not significantly seen in Nepali society. This is a very important context. Therefore, if we can resolve the issue of truth and reconciliation and the disappeared through our own efforts and thinking methods, Nepal will be established as an important standard for conflict management in the world.

Those who declared a state of emergency, set a price on heads, and fought the war by creating a unified command have remained at the center of today's politics.

Our army and police, who are providing excellent service in the United Nations peace missions, will be able to proudly present this successful example of their country to the world. All this opportunity is before the current government.

Therefore, the government should hold extensive and deep consultations with all parties to bring this process of transitional justice to a conclusion. Another important reason for the problem becoming complex is that the state has not been able to provide trust and ownership to the conflict-affected families. No party should be allowed to feel that political revenge is being sought. All the main characters of yesterday– Gyanendra Shah from the royalists, Sher Bahadur Deuba of Congress, KP Oli of UML, and rebel leader Prachanda, etc., are all connected to this history somewhere.

Those who declared a state of emergency, set a price on heads, and fought the war by creating a unified command have remained at the center of today's politics. They have done this work in the capacity of government leadership. Therefore, to break this complexity, the Balendra-led government must first be honest itself. Commissions have been formed, but they do not have sufficient budget, resources, and technical support. Truth and reconciliation is not just about taking statements, it is a process of deep investigation and understanding everything from the root cause of the rebellion to the nature of state repression.

The current generation can reach a concrete conclusion only by studying yesterday's history well. The government should also take the opposition parties into confidence and play a coordinating role. It should ensure the operational autonomy of the police and investigative agencies so that no message goes out that this is happening under political direction.

The series of accusations and counter-accusations calling Prachanda a 'murderer' or the army 'rapists' will end. And, the victim families will get justice.

One of the main essences of Nepal's peace process is that amnesty cannot be given for heinous crimes committed in any name. Rape, killings after being taken into custody, and cases of kidnapping and disappearance cannot be forgiven under any circumstances. Death during the war is one aspect, but no law accepts catching and killing unarmed people or inhumane acts in custody. Such incidents must be clearly classified and brought to the court of justice.

Many victim families have been waiting for their loved ones to get justice for decades. As the saying goes, 'there is hope until the body is seen', the general victim families are still waiting for their missing children or spouses to return. The psychological pain they have for not being able to perform funeral rites culturally and religiously cannot be expressed in words. For those who believe that a person's soul might be wandering somewhere, this is a huge torture.

To address all these things, not only is the opportunity sufficient for the government, but the government also needs to have a judicial mind and human sensitivity.

Ultimately, this process will create a positive and harmonious environment in society. The years of accusations and counter-accusations against each other will end. The series of accusations and counter-accusations calling Prachanda a 'murderer' or the army 'rapists' will end. And, the victim families will get justice.

Socially, the relationship between us will be even more harmonious and loving. This will be a very big thing for a society. This is also the need of the hour. At the leadership level, the fear of being tried in the international court will also end.

If the government moves forward sensitively, consulting with experts, and including all parties, this remaining work of Nepal's conflict management will also be successfully completed. This will not only heal the wounds of the conflict but will also lead Nepali society towards a new and just future.

The government should utilize this historic opportunity and bring this great campaign of justice to a conclusion with everyone's support. Only in this way can we end the violence of yesterday and prepare the foundation for sustainable peace and social justice.

(Based on conversation)