Peacebuilders
NEPAL AT THE CROSS ROADS: Some reflections on peace, human rights and justice
26 November 2009
Interview with Commissioner Gauri Pradhan, National Human Rights Commission, Nepal
The respect for human rights is an important contributory factor to any peace process. You cannot have peace without ending the culture of impunity that contributes to or develops during war. These things are linked.
In Nepal we have an interim constitution. The Nepali government has ratified most of the human rights conventions in law. We have had four major political revolutions. In each we have made a commitment to end impunity, work toward achieving human rights and promote processes of peace. However, each time we have trouble nurturing a peace process unless we end the culture of impunity and ensure respect for human rights. Perhaps it is ok in the realms of political mediation to delay these things, but in the long-term these three factors need to be addressed if we are to have a viable peace in Nepal.
People are being offered many opportunities for peace but continue to face many challenges. We are, as a country, now at a cross roads.
People are participating quite widely in the process of constitutional consultations which should lead to a new constitution for Nepal. This is a wonderful achievement. However, the formulation of a new constitution, in the spirit of a people's movement and the comprehensive peace accord (CPA), needs to be owned by the people in order to reflect the aspirations of both peace and democratisation. This will not be possible without justice for those whose rights have been or continue to be violated. However society remains divided on the issue of transitional justice.
Human rights also need to be underpinned with a peace dividend for the people. The challenge for all actors working towards peace, human rights, and development is not which comes first, all need to happen together and are inter-dependant, but how to reach many of the persons and communities in Nepal, and how to ensure equality.
The comprehensive peace accord and the interim constitutions of Nepal clearly mention that there should be the integration of the People's Liberation Army into society. This was agreed by the political parties, but there is a difference in the interpretation of the constitution and the comprehensive peace accord. Reintegration of these persons into society or the state security forces needs to be properly addressed; but the law of the land needs to be respected in this process by all parties.