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Conclusion Going through the judicial
annals of Nepalese history, the fact that surfaces in an obtrusive
manner is that of a continuing tradition of surrendering to a
historical amnesia. After the restoration of democracy in 1990, a
commission was formed under the chairmanship of Janardan Mallik to
investigate several kinds of atrocities and human rights violations
during the nationwide democratic movement. A similar commission was
formed to find the disappeared during the 30 years of autocratic
Panchayati regime. However, the recommendations based on these
reports were never implemented and this only firmed up the
systematic institutionalization of the culture of impunity. The same
is true for the Rayamajhi Commission which was formed after the
uprising in April 2006. During the decade-long conflict between the
state and the CPN-Maoist, more than 13,000 people lost their lives,
thousands disappeared, and thousands more were rendered physically
and mentally incapacitated. The victims and their families before
and during the conflict are seeking a concrete commitment from the
new government so that the blunders of the past will never be
repeated.
The CPN-Maoists’ unexpected victory over the mainstream political
parties has imparted a ray of hope to the conflict victims. After
all, the group has always advocated the establishment of social
justice in the country. As a new government is being formed, the
Maoists, which have taken the highest number of votes in the CA,
must not forget the past injustices, atrocities and violations of
human rights and commit the same blunders of their predecessor
governments “in the name of peace, harmony and reconciliation.” A
great challenge for Nepal’s leaders is to firmly anchor the roots of
the rule of law by ending the all-pervasive and deeply-rooted
culture of impunity.
While addressing a program organized by the
victims and families of desaparecidos after the April 2006 uprising,
Maoist leader Prachanda assured that his party will not take part in
the CA elections unless the government will form a commission on
disappearances which will provide reparations to the victims and
punish the perpetrators. Although his pledge turned out to be a
white lie and the Maoists went on to contest the elections without
addressing the woes of the families of the disappeared, everyone
remains optimistic that justice will prevail. Nevertheless, doubts
are still lurking at the back of everyone’s mind. Since it is also
the Maoists leaders who nodded in approval to establish the TRC and
a commission on disappearances via separate ordinances, it is
natural to doubt their intentions.
In sum, despite contradicting statements and
actions against the backdrop of the rapidly changing political
situation in Nepal today, a spark of optimism remains - the woes of
the victims of involuntary disappearance and other human rights
violations will be addressed and perpetrators will be brought to
court. Leaving behind the vestiges of its having been the only Hindu
kingdom in the world over the past 239 years, a new Nepal will shape
up as the world’s youngest republic. |
