USHA TITIKSHU

The promotion of a tainted Nepal Army officer and withdrawal of war time cases against Maoist leaders by the government without proper investigation has shocked everyone. But not surprised. National and international human rights activists have slammed the government's decision, and there has been a chorus of protest against the move. Families of the victims, those most directly affected by the pardons and promotions, have been picketing Baluwatar. But all these protests have fallen into deaf ears.

After coming to power last year, one of the things Baburam Bhattarai promised was the setting up of a truth commission 'at the earliest'. There was reason to doubt this even then, since his party colleagues have been known for triple-speak. The parties were deeply divided over the content of the proposed Truth and Reconciliation Commission and Disappearance bills in the CA, but there was a sliver of hope that better sense would prevail. When the CA was dissolved, nobody really expected Bhattarai to deliver on his earlier promise. But not only did he try to push through a toothless bill in the form of an ordinance, his cabinet decided to take back wartime cases against Maoist leaders Bal Krishna Dhungel and Agni Sapkota, among others, and promoted tainted officers in Nepal Police and Nepal Army. There was obviously a secret you-scratch-my-back-I-scratch-yours deal between the two former enemies who now form the state.

To be fair, the Supreme Court had cleared Kuber Singh Rana for promotion even though the allegations against him remain under investigation. So politically, the decision was still tenable and his personal image as an officer with integrity worked in his favour. However, there was no administrative or political pressure on the government to push through war time cases or promote the tainted Army officer. The prime minister could have let the matter be handled by a Truth Commission whenever it is formed, but he took a decision in his personal capacity. As a leader, if you bow down to pressures and compromise on fundamental principles of justice, you do not have moral authority to lead the country. The level of insensitivity shown by Bhattarai in this case added insult to injury of the victims when they were baton-charged by the police in front of his residence, while protesting peacefully. What can be more shameful for a revolutionary who once took up arms against the state to protect the same people?

Bhim Basnet's two sons were arrested by the Army in 2003 and he hasn't seen them since. The anger and humiliation of the father who failed to secure justice for his sons manifested themselves as tears as he questioned Sadhu Ram Sapkota, Joint Secretary of Ministry for Peace and Reconciliation, at a program in the capital this week: "My sons disappeared from that camp and instead of asking that man about their whereabouts, how could you promote him?" The embarrassed bureaucrat apologised saying he did not have all the answers.

"We don't expect the government to punish Raju Basnet, but the least Baburam Bhattarai could have done for his comrades who fought alongside him for ten years is not reward this man," says Maoist student wing leader Himal Sharma, who was among those detained and tortured in the Bhairab Nath Battalion under Basnet's command.

One of the biggest intellectual challenges the scholars have faced in the past decades is to understand the relationship between democracy and freedom. The social movements of the 1960s and 70s including decolonisation in Africa and Asia, led many to believe that democratic societies were more vibrant and gave greater freedom to the people. However, the way modern states with democratic institutions are increasingly becoming intolerant towards dissent and criticisms has prompted many to question this straightforward relationship.

The casual assumption that democratic governments are necessarily tolerant grossly underestimates their capacity to legitimately use the state power against their own people. Andrew Kolin's State Power and Democracy discusses how United States' supreme military power became a deterrence against its own people when they questioned their government's so called 'war on terror'. Similarly, the use of disproportionate force by European governments lately against students protesting cuts on their scholarship funds, persecution of the tribals by Indian government in its hinterland as well as dumbing down of the dissenting voices in Bangladesh are lessons for emerging democracies that states with powerful military and brute police can undermine even the most democratic society.

Prime Minister Baburam Bhattarai may not be concerned by national and international outrage now, but this moral blunder will haunt him for many years to come. Even if public memory is obscured by day-to-day politics, history will not forgive him for promoting and protecting war criminals.

Read also:
Out, damned spot
Only by confronting the ugly secrets of the past will we be able to protect the future

See also:

Don't ask, don't tell, ANURAG ACHARYA
Everyone has skeletons in their closets, so no one wants to open any of them

A dangerous precedence, ANURAG ACHARYA
The state's refusal to accept an OHCHR report detailing war crimes will hurt the peace and reconciliation process