War over; victims still waiting for justice
By Pratibedan Baidya
Amid the brouhaha over the building of new Nepal, and despite the Maoists inching closer to joining the interim government, the plights of victims of the conflict are yet to be addressed.
The political parties, following the success of the April movement, have spent most of their time debating political issues and divisions of portfolio, but are yet to take any step to arrest the culture of impunity in the country.
Maoist leaders have been reiterating that they will investigate the rights violations from their side including the gruesome Madi incident, but are yet to actually deliver.
Experts say the provision of pardon in the Article 151 of the Interim Constitution is a ploy by the ruling seven party alliance and the Maoists to protect the rights abusers who committed crimes during the 11-year long armed conflict.
Talking to Nepalnews, constitutional lawyer Tika Ram Bhattarai said that those involved in the Madi incident can be taken to task if the state wishes to do so.
Bhattarai further said that not only the Madi incident, the government could prosecute all persons involved in rights violations during the 11-year-old Maoist insurgency.
Bhattarai was taking to Nepalnews about the existing legal provisions in the country for taking action against the culprits of Madi incident in the wake of a decision by a Court in the southern Indian state of Tamil Nadu to sentence to death three members of the regional All India Anna Dravida Munetra Kazagam party for the murder of three young women seven years ago. The three culprits who were workers of the party led by current chief minister Jayalalithaa had killed the young women in course of their protest demonstrations against opposition parties.
Bhattarai said that since Maoist chairman Prachanda himself has formally acknowledged that Madi blast was a mistake and had assured they will take action against Maoist cadres involved in the incident, it is the time to fulfill his commitment by making public the people involved in the incident.
Investigating all incidents of rights abuses and taking action against culprits are basic elements for protecting human rights, so the government should prosecute all the incidents of human rights violation during the decade long insurgency, Bhattarai said.
In the Madi incident, 39 people were killed and over 70 injured when Maoists set off a landmine on a passenger bus in June 2005. The family members of the victims have already met with Maoist leadership appealing for justice and compensation.
Though Maoist chairman Prachanda has apologised for the Madi incident following immense pressure from national and international level, the victims are yet to receive any compensation from state or the rebels' side.
Though the Maoists claim they fought the people's war for the sake and betterment of the people, they are yet to show political character by taking action against their cadres involved in the inhuman act, say rights activists.
Over 13,000 people have been killed from both the Maoists and the security forces during the period of conflict.
Maoist leader Dina Nath Sharma told Nepalnews that they are investigating the incident as per the commitment of his party chairman. He, however, did not say when the investigation will be completed and when the report will be made public.
He further said that they believe all incidents of rights violations from both sides should be investigated after formation of an interim government and appropriate compensation should be given to the victims' families.
He went on to add that they are investigating the incidents of rights violations from their side and taking actions against culprits. However, there were no reports of Maoists making public the decisions of such actions.
Such statements, however, do not impress the human rights community. President of Informal Sector Service Centre (INSEC) – a leading human rights watchdog - Subodh Raj Pyakurel said the Maoists' statement to investigate the incidents of rights violations from their side is illogical as they have already become a part of the state, adding, there should be independent commission to investigate past rights abuses.
He further said that the government should form an independent commission and investigate all incidents of rights violation during the 11-year-long Maoist insurgency from both sides and take appropriate action against the perpetrator.
He also added that the commission formed to investigate the incidents should investigate all the incidents of rights violations based on fact finding reports published by human rights organisations and United Nations Office of the High Commissioner for Human Rights and also work in coordination with the local human rights organisations to end the culture of impunity.
"It is unfortunate that Maoists are creating a parallel state within the state and saying that they would investigate rights violations themselves, which would only promote the culture of impunity in the country, so independent commission is a must to give justice to the victims," Pyakurel added.
During her recent visit to Nepal, UN High Commissioner for Human Rights Louise Arbour had made fervent appeal to end the culture of impunity by taking lawful action against perpetrators of human rights violations. She said such actions were necessary to guarantee the protection and promotion of human rights in the future. Arbour had said that there cannot be sustainable peace without justice.
As such, it is clear that building a new Nepal will be a tall order until and unless there is clear commitment from the ruling alliance and the Maoists to end impunity and uphold basic principles of human rights. nepalnews.com pb Feb 21 07
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