Supreme Court Orders Law Against Child Soldiers

Kathmandu. The Supreme Court has issued a directive order in the name of the government to make laws that include the inclusion of children under 18 in the military within the definition of serious human rights violations. The full bench of Justices Sapana Pradhan Malla, Sunil Kumar Pokharel, and Shanti Singh Thapa issued a mandamus in the name of the government. Former Maoist combatant Lenin Bist and Dr. Gyan Basnet had filed a writ petition in the Supreme Court demanding that the concerns of child soldiers be included in the amendment of two laws related to transitional justice. The court has issued a directive order on four main issues. Making laws that consider the recruitment of child soldiers a criminal offense The court has stated that recruiting children under 18 into the military is a 'war crime' according to international law. The court considers it a serious error that Nepal has not made domestic laws that consider the recruitment of child soldiers a 'punishable criminal offense' even though it ratified the Optional Protocol to the Convention on the Rights of the Child a long time ago. Therefore, it has drawn the government's attention to immediately enact laws that criminalize such acts. Prohibition of derogatory word usage and right to dignified identity The court has ruled that using words like 'ineligible' or 'dismissed' for former child soldiers is derogatory. Stating that such words hurt their self-respect and violate their constitutional right to live with dignity (Article 16) and right to equality (Article 18), the court has ordered that such words should not be used in government records and documents from now on. Directive to arrange adequate and just reparations The Supreme Court has emphasized the need to address the loss of educational opportunities, the impact on their physical and mental health, and the societal stigma (disgrace) faced by child soldiers due to the conflict. Stating that the state's responsibility is not fulfilled merely by providing some money, the court has directed the government to immediately provide them with "adequate and just reparations" including education, health, and social reintegration. Making transitional justice and leadership accountable In the context of the petitioners demanding action against the then Maoist leadership (Pushpa Kamal Dahal 'Prachanda' and Baburam Bhattarai), the court has pointed out that this issue falls within the scope of transitional justice. The court has determined that a complaint has already been filed with the Truth and Reconciliation Commission regarding this matter, and it should be resolved as a serious human rights violation through that mechanism.