Incident Reports

Justice still eludes conflict victims: Report

2016-11-20

The international community, and particularly the United Nations, should press the government to fulfil its pledges as victims wait in vain for information about missing family members and accountability for crimes committed during the war, it suggested. The Comprehensive Peace Accord of November 21, 2006, brought an end to Nepal’s civil war, which was launched in 1996 by the Communist Party of Nepal-Maoist. The war claimed more than 13,000 lives. Both the Maoists and government forces committed serious human rights abuses, including enforced disappearances, torture, extra-judicial killings, and sexual violence. “The ceasefire agreement ended armed conflict, a landmark for a country torn apart by violence and war,” said Brad Adams, Asia director at Human Rights Watch. “But the promises of accountability for abuses and the resolution of thousands of disappearances have been broken by Nepal’s main political parties, all of which have taken turns at leading the government in the last decade.” The civil war left a political gap that led King Gyanendra to reassert monarchical autocracy and suspend the constitution on February 1, 2005 with the support of the military. The authoritarian approach and human rights violations led to a people’s movement opposing the monarchy. Nepal’s political parties formed an alliance, and together with the Maoists, made a commitment to democracy and human rights under the 2006 peace deal. One of the key undertakings under the peace accord was to investigate and bring to justice those responsible for human rights violations committed during the war. Yet, all the political parties appear to have forgotten those promises, and the victims’ families are still waiting. According to HRW, Devi Sunuwar is still demands justice for the killing of her daughter Maina, then 15. Soldiers detained Maina in February 2004, though the army vehemently denied it at the time. Under sustained pressure from the international community, including from the UN Office of the High Commissioner for Human Rights, the army finally proceeded with an internal inquiry and military prosecutors brought three soldiers allegedly responsible before a court martial. Arjun Lama was abducted in May 2005 in broad daylight and in front of many witnesses by men known to be Maoists. Although the exact circumstances of his death are not yet known, his body was partially exhumed at a spot identified by witnesses who said they saw his murder. Agni Sapkota, a Maoist leader accused in the case, was denied a visa to visit the United States in June 2010. The National Human Rights Commission has secured the exhumation site but fears that his remains are not safe as it is unguarded. After much faltering, a truth-seeking commission and a disappearances commission were established in 2015, but were slow to get under way. The legislation undergirding the commissions is deeply flawed as it allows for amnesty for certain crimes, creating space for those responsible to escape justice. The law has been criticised by international experts, including OHCHR, and has been struck down twice by Nepal’s Supreme Court. But the authorities have not amended the legislation to bring it into line with either the Supreme Court’s orders or international law, it lamented. In addition to accountability for wartime cases, HRW noted that many other obligations under the peace agreement remain unfulfilled. The pledge to end discrimination based on gender, caste, class, ethnicity, and membership in other marginalised groups remains deeply contested, and power continues to rest among traditional elites. “The war was brutal, and Nepal’s political leadership should not forget that injustices need redress,” Adams said. “Nepali political leaders should stop sweeping war crimes and justice issues under the rug, and instead live up to the incredibly brave promises made under the CPA.”

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