Opinion Forum

At a time when the whole country is celebrating the selection of first Prime Minister and ministers of the federal democratic republic country, many civilians are compelled to wish them from the labour camps operated by the Maoists in remote areas of the country.

Eight civilians of Pyuthan district, who were abducted by the Maoists on various charges and slapped jail terms at the labour camps during the period of armed conflict, are compelled to count their days though the Maoists leaders, once listed as terrorists, have reached at the helm of power following their victory in the recently held election to Constituent Assembly. Maoists had abducted and held captive many civilians on various charges during the conflict period while their parallel government was on operation. Though they released most of the persons amid pressure from different national and international rights organizations and expressed commitment to dissolve their parallel functioning organizations, some civilians are still victim to the Maoist’s illegally functioning labour camp. Rim Bahadur Rana, Bom Bahadur Gharti, Dev Bahadur Rana, Khim Bahadur Rana, Top Bahadur Gharti, Dila Kumari Gharti, Bir Bahadur Thapa and Tara Bahadur Saru are still serving in the Maoist’s labour camp in Pyuthan district. Similarly, Kalawati Rawat and Kamal Oli of Jajarkot are also serving jail terms in the Maoist’s labour camp in Jajarkot district. All the persons were held captive on various charges after the so-called “People’s Court” run by the Maoists held them responsible for their acts. Those serving jail terms at the labour camps have to work forcefully and are not paid for their work.

In the past, such “kangaroo courts” were operated by the Maoist party where the judges and lawyers would be the Maoist leaders. They would levy charges against the accused persons unilaterally and held them responsible for their alleged act before slapping them jail terms. The accused persons were not allowed to defend themselves and were compelled to abide by the decisions taken by the court. Such institutions were used as a tool to take action against people having political indifferences with the Maoist party or those not abiding by their orders. Though the Maoist leadership denies people being held captive in such camps, many civilians still face hard times in their captivity

In this context, INSEC Mid-Western Regional Office made public a fact finding report on 13 January 2008 stating six people are still in the Maoist’s captivity at Sieurat area of Salyan district and over 35 people in the Maoist’s captivity at different locations of mid-western region only. However, the Maoist leaders vehemently criticized the report claiming no body was in their captivity at present. But, on 15 June 2008 civilians held captive by the Maoists in Salyan district were released amidst a press conference organized in the district. Still, 10 civilians continue to serve labour detention in two districts. This is against the repeated commitments of the Maoist leadership claiming to have dissolved all the parallel institutions established by them during the conflict period and their claim to be moving as per the democratic norms.

Such act of the Maoists is clear violation of the Article 10 of the Universal Declaration of Human Rights, which states that “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” Since the Maoist operated “Kangaroo Courts” are not independent and are totally controlled by the Maoist party and its cadres, the legality of the court and the punishment slapped by such courts can not be justified. Similarly, point 5.2.2 of the Comprehensive Peace Accord signed by the government of Nepal and the CPN-Maoist states that both sides agree to make public the status of the people under one’s custody and release them within 15 days. But, civilians continue to be behind the bars for nearly two years of the signing of the accord.

After coming into the peace process following the success of April movement of 2006, Maoists had exerted pressure on the government to release all the political detainees but the issue of helpless civilians in their captivity went unnoticed as there were no forces to burn tyres on the streets or call chhakajam (halt of vehicular movement) demanding the release of such civilians. All those in Maoist captivity were compelled to witness every development of Nepal (success of April movement of 2006, signing of Comprehensive Peace Agreement, Maoist’s entry into Interim Parliament and Interim Government, declaration of Nepal as a Federal Democratic Republic) with the hope that they would be released with the new development but in vain.

The passivity of the Maoist party to immediately release people in their captivity and assist the authorities to take action against them on proving them guilty in any crime has raised serious suspicion on Maoist’s commitment and their action. It was found that many civilians, who were held captive in the labour camps, were, in the past, arrested by the police and punished for their deeds as per the existing law of the country, Noticeably, ,the Article 24 (6) of the Interim Constitution states that, “No person shall be prosecuted or punished for the same offence in a court of law more than once,” but many innocent civilians are compelled to face double action for a same crime due to such irresponsible behaviour of the Maoists.

Now the Maoist-led government should make special provision for not punishing a civilian twice for a single crime and the Maoist party should immediately release all the persons from its captivity. Now with the Maoist party leading the first government of the democratic republic, any parallel institution operated by them could face them wave of protests from the public.

Pratibedan Baidya
Nepalgunj