View Points

Amid various reports that impunity is rampant in the country, INFORMAL asked human rights defenders what should be done to end impunity. Excerpts:

 

Rameshwor Nepal

Amnesty International Nepal

While talking about present situation of impunity in the country discussions are being held about failure to take action against perpetrators involved in grave human rights violations during the period of 11-year-long Maoist insurgency and People’s Movement of April 2006.

 

If we talk in these contexts, the government and Maoists have agreed to end impunity and improve the situation of human rights during the Comprehensive Peace Agreement between Nepal government and CPN-Maoist and these commitments should be fully implemented.

 

Second major reason for not ending the trend of impunity is lack of political will power as none of the political parties have left to mention in their official documents or public speeches that they will play role for ending impunity. However, there seems lack of political will whether it is the issue for forming the Truth and Reconciliation Commission or Disappeared Commission or taking action against persons indicted by the Rayamajhi Commission. If they have the political will they could play important role as the commissions, which were to be formed within 60 days of the signing of CPA, have not been formed till three years.

 

So, if we really want to end impunity in the country all the agreements reached with different groups including CPN-Maoist should be immediately implemented and action should be taken against perpetrators of grave human rights violations. If it was not done there will be anarchy in the country with the rise in the incidents of human rights violations.  Political will and honesty for ending impunity are also the need of the hour. Though these acts may not end impunity it will initiate some action for ending impunity in the country.

 

Bhanu Bhakta Acharya

Communication Officer, NHRC

There was no end of impunity in the country regardless of the political system. Nepal had sufferd from impunity during the Rana Regime, Democratic Period, Party-less Panchyat System, restoration of democracy and direct rule of King Gyanendra.  There has been rise in impunity following the success of April movement of 2006.

 

The state mechanisms have been suffering from Paralysis even if there was law as it failed to function effectively. The main cause of impunity is providing political cover to perpetrators. Cases of Journalist Birendra Sah, businessman Ramhari Shrestha of Koteshwor, Prachanda Thaiba of Butwal, Journalist Uma Singh of Janakpur and Journalist JP Joshi of Kailali are some of the incidents that took place in the so called democratic period but the state failed to book the perpetrators to Justice despite national and international pressure. They reiterate that their party is working for protecting human rights, ending impunity, establishing rule of law in the country but the situation seems reverse. For example, various provisions have been included in the Comprehensive Peace Agreement signed between the then seven political parties and CPN-Maoist for ending impunity and ensuring accountability.

 

5.1.4.    Both parties shall inform each other about the demarcation and storage of ambush or mines planted during the war period within 30 days and help each other to diffuse or dispose them off within 60 days.

 

5.1.5.    Armies of both parties shall not appear with arms or combat dresses in any civil meeting, political gathering or public programs.

 

5.1.8.    Both parties agree to prepare the details of the governmental, public, private building, land or other properties captured, locked or restricted from being used during the period of armed conflict and return these things immediately

 

5.2.1.    There won’t be cash or kind collection or tax collection against anyone’s will or existing laws.

 

5.2.3.    Prepare the details of the disappeared persons or those killed in the conflict with their real name, surname and residential address and publicise it within 60 days from the day of signing this agreement and inform the family members of concerned persons.

 

Such provisions have just become show pieces though all have agreed to implement these provisions. Rule of Law could not be established unless and until political commitments are translated into reality but the political parties lack such courage. Security situation could not be improved before establishing Rule of Law and accountability could not be ensured before meeting these conditions.

 

Govinda Sharma “Bandi”, Advocate

For this particular purpose, the principal concern is the failure of the Nepali authority to investigate and prosecute crimes allegedly committed in connection with the armed conflict by the both parties. If impunity continues there will be no lasting peace. Hence, it needs to be addressed as part of the peace process.

 

It is, therefore, as part of the transition, the government has been tasked with a number of critical responsibilities, including addressing past violations by establishing transitional justice mechanism, and reforming the legal system to address a prevailing culture of impunity. However, due to lack of political will power, no significant development has been seen so far.

 

One of the fundamental challenges to address impunity and uphold accountability is collapsed rule of law situation and absence of an independent legal institution.   Hence, strengthening rule of law and building an independent legal institution are key tasks to end impunity.

 

The starting point of this journey could be a truth seeking mechanism, essentially associated with rule of law mechanism, which  not only  identify and investigate the direct perpetrators of extrajudicial killing, enforced disappearances, torture, but also those who planned or ordered them, establishing chain-of-command responsibility and thereby by prosecuting them in court of law.

 

Bhawani Prasad Kharel

General Secretary, Manab Adhikar Pratisthan

All Nepalese people have becoming pessimistic as impunity is rising in the country. Criminal activities and crime against humanity has been leaving behind the act of human rights violations committed during the period of 104-year-old Rana Regime and Panchyat System.

 

Sustainable peace and development is not possible in the country before ending impunity and establishing Rule of Law. First of all, the Rome Statute of International Criminal Court should be ratified to take action against persons involved in grave human rights violations and ending impunity and existing rules and regulations should be amended timely. Taking action against perpetrator is not sufficient for ending impunity provision of justice and compensation should also be made compulsory for victims. It will be effective if the amount of compensation was recovered from the perpetrators.

 

Leader of political parties have to rise above from party and group interest and take people as supreme for ending impunity and ensuring accountability. Similarly, the law enforcing agencies should be independent, impartial and effective for justice delivery. They should be informed about the rights and responsibilities of people. The trend of providing political protection to criminals should be ended and Rule of Law should be established in the country for ending impunity and ensuring accountability.

 

Compiled by Raju Paswan

Courtesy: Informal (Vol. 28, No. 3, July-September 2009)