<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111016118/636d141e9c7e80680e0a9960jpeg.jpg" alt="" width="700" height="490"/><figcaption>The then Prime Minister Girija Prasad Koirala and rebel leader 'Prachanda' Pushpa Kamal Dahal signing the Comprehensive Peace Agreement in Kathmandu on 21 November 2006. Photo: SAGAR SHRESTHA</figcaption></figure>The headlines for the past month have all been about the <a href="https://www.nepalitimes.com/latest/what-is-happening-to-nepals-supreme-court/">Supreme Court</a>, and whether or not Chief Justice Cholendra SJB Rana should be <a href="https://www.nepalitimes.com/latest/nepals-lawyers-on-warpath-against-chief-justice/">impeached, or resign</a>, over past naughtiness.The controversy goes to the heart of Nepal’s governance failure and the erosion of the rule of law. Politicians have tampered with the doctrine of the separation of powers, and politically appointed justices have returned the favour.But there was a larger lapse of justice that went virtually unnoticed this week. It has been exactly 15 years after the <a href="https://archive.nepalitimes.com/article/editorial/justice-delayed-justice-denied-transitional-justice,3556">Comprehensive Peace Accord (CPA)</a> was signed on 21 November 2006 between the Maoist commander Prachanda and Prime Minister Girija Prasad Koirala of the Nepali Congress (NC).As per the provisions of the CPA, two commissions to investigate the disappeared and for truth and reconciliation were to be set up and given two years to do their job. This being Nepal, it took a full ten years for the <a href="https://archive.nepalitimes.com/article/nation/truth-about-truth-commission,3565">Truth and Reconciliation Commission</a> (TRC) and the <a href="http://archive.nepalitimes.com/article/nation/Who-doesn-want-a-TRC,2042">Commission on the Investigation of Enforced Disappearances (CIED)</a> to start their work.The United Nations, Nepal’s Western partners and international human rights watchdog groups were the driving force behind the <a href="http://archive.nepalitimes.com/blogs/thebrief/2014/08/18/justice-under-threat/">transitional justice process</a>, and if it was not for them it would have been unlikely that the country’s 14 prime ministers since 2006 would have made any moves to rake up wartime excesses.The rationale behind <a href="http://archive.nepalitimes.com/article/editorial/truth-and-justice-for-relatives-of-murdered-and-disappeared,2122">transitional justice</a> is that until survivors and families of victims find truth and justice, there will be no closure, residual revenge will poison societal relations, and there will be a danger of the country slipping back into violent conflict.Justice denied also <a href="http://archive.nepalitimes.com/regular-columns/Legalese/Justice-in-transition,458">promotes impunity</a> in other arenas of national politics, as we see today. It is also important to keep the memory of the conflict years alive, and document the untold death and suffering it caused. Nepalis have to be reminded not to forget.Yet, memories fade, time moves on, people drift into everyday routines and try to get on with their lives. Transitional justice would have at least helped heal the loss for families of the victims, provided society with closure, and perpetrators of war crimes a chance for atonement.But, as with all other spheres of national life, the transitional justice mechanisms have been politcised from the word go. The leadership of the Maoist, NC and to a lesser degree the UML, all colluded to appoint yes men to the TRC and the CIED, extending their mandates over and over again with no hearings, trials or verdicts against those involved in heinous crimes.The toothless commissions collected tens of thousands of testimonies from families of victims and survivors, but the files are all mothballed in steel cabinets in their offices. Meanwhile, in the past 15 years, there has been plenty of lip service, blame game, scapegoating and tokenism. The two commissions have actually been used by politicians to prevent cases from moving through the regular courts.In fact, on the 15th anniversary of the CPA, Prachanda who has gone back to his peacetime name of Pushpa Kamal Dahal, vowed to complete the transitional justice process. In a <a href="https://www.nepalitimes.com/latest/justice-delayed-justice-denied/">statement</a> on 21 November and an English <a href="https://kathmandupost.com/columns/2021/11/20/the-nepali-peace-process-as-a-global-model">op-ed in The Kathmandu Post</a>, he termed Nepal’s peace process a ‘successful homegrown model’ for other post-conflict countries.‘Although the conflict was brought to an end, the task of investigating events that occurred during the war and to provide victims with transitional justice remains,’ Dahal said in his <a href="https://www.nepalitimes.com/latest/justice-delayed-justice-denied/">statement</a>. ‘We are proud of what the revolution achieved, but we will probe wartime excesses.’The fact that most other political leaders did not even bother to acknowledge the CPA anniversary showed that Dahal knows the sword of justice hangs over his head. With Western backing for the transitional process not as vigorous as it once was, he knows he just has to keep on saying the right things.The CPA pledged to ‘investigate human rights violations and those involved in crimes against humanity’. With every year that goes by, it looks less and less likely that will happen. There are still more than <a href="http://archive.nepalitimes.com/news.php?id=16267#.YZxyclVBypo">2,000 people listed as missing</a>, and some of their families have waited two decades already to know whether they are dead or alive, or what happened to them.Many <a href="http://archive.nepalitimes.com/article/nation/1,334,3287">families of the disappeared</a> interviewed by this newspaper have said finding out the truth is more important than justice. This could also mean they do not expect the state to persecute known perpetrators, so they do not even ask for justice. But their anguish is heightened when they see war criminals in senior leadership positions, who never had to answer for their crimes.As Meenakshi Ganguly, South Asia director at <a href="https://www.nepalitimes.com/latest/justice-delayed-justice-denied/">Human Rights Watch, said in a statement issued jointly with Amnesty International, the International Commission of Jurists and TRIAL International</a> on 21 November: ‘State officials’ reluctance to investigate and prosecute such serious crimes has exacerbated the suffering of victims, undermined the rule of law in post-conflict Nepal, and increased the risk of such violations in the future.’She went on to warn: ‘If justice is continually denied in Nepal, perpetrators of these international crimes committed during the conflict will be prosecuted abroad under international jurisdiction.’

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Toothless Commissions

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141136/636bad589c7e80680e077f8bjpeg.jpg" alt="" width="1500" height="1000"/><figcaption>Nepali Times issue #1</figcaption></figure>The <a href="http://himalaya.socanth.cam.ac.uk/collections/journals/nepalitimes/pdf/Nepali_Times_001.pdf">#1 print edition</a> of Nepali Times of <a href="http://archive.nepalitimes.com/issue/1">19-25 July 2000</a> shows that even though much has changed in Nepal in the past two decades, a lot has remained the same. Plus ça change, plus c'est la même chose. Reports and op-eds published in that very first hardcopy issue are as relevant today as they were then. Most of the protagonists are the same.The <a href="http://archive.nepalitimes.com/news.php?id=10979#.XxAi8KEza70">front page analysis</a> of the first edition looked at the impending state visit to India by Prime Minister Girija Prasad Koirala. Among the contentious issues he was going to take up with Indian Prime Minister Atal Behari Vajpayee: the Kalapani territory occupied by India. The dispute flared again this year, and sank bilateral ties to a new low.Then, as now, the Indian media had been primed before Koirala’s visit with official leaks about alleged infiltration by Pakistani agents to ‘turn the Tarai into Taliban territory’. The allegations were included in an Indian intelligence report ‘Nepal Gameplan’, and our report said that Koirala’s challenge would be to use his personal chemistry with Vajpayee to convince him that Nepal would not allow any extraneous threats to India from its territory.Both Koirala and Vajpayee are long gone, but India-Nepal relations are still strained —this time over suspicions of growing Chinese influence. The same issue of Nepali Times had an <a href="http://archive.nepalitimes.com/news.php?id=10983#.XxAjfqEza70">interview with UML General Secretary Madhav Kumar Nepal</a> on page 3 in which the opposition leader said: “What is surprising is that Koirala is the same person who said he would not visit India until Indian troops are withdrawn from Kalapani, and he is rushing there.”<a href="http://archive.nepalitimes.com/news.php?id=10980#.XxAjxaEza70">The Editorial</a> of the first print edition of Nepali Times laid out what would be the new paper’s mission statement: ‘A newspaper does more than hold a mirror to society. It becomes a mirror itself. There is a belief that literature is generally not read, and journalism is often unreadable. This newspaper will seek to be informal, lively, clear and direct.’In his column <a href="http://himalaya.socanth.cam.ac.uk/collections/journals/nepalitimes/pdf/Nepali_Times_001.pdf">‘State of the State’, C K Lal</a> lamented the cynicism in Nepali society: ‘Despair hangs as thick as diesel exhaust in the Kathmandu air. Nepal’s nabobs of negativism hold forth in their nay-saying nooks. Cynicism is at least a reflection of exaggerated self-worth. Despair is much worse, it is a state of having lost all hope.’ Locked down for four months, Nepalis are once more drifting from cynicism to despair.The first issue also included <a href="mes.com/news.php?id=10990#.XxAk86Eza70">an investigation</a> into a scandal at the Kathmandu office of the UN Population Fund (UNFPA) in which an expat official was secretly sacked for embezzlement. Reporter <a href="http://archive.nepalitimes.com/news.php?id=10992#.XxAlC6Eza70">Hemlata Rai</a> wrote about how grassroots democracy was beginning to deliver health, education and other services.Another <a href="http://archive.nepalitimes.com/news.php?id=11001#.XxAlLqEza70">intriguing story</a> was about reports that underground Maoist leader Prachanda had visited UK on an Indian passport to attend a meeting of the Revolutionary International Movement (RIM). Water resources expert <a href="http://archive.nepalitimes.com/news.php?id=11082#.XxAlSKEza70">Dipak Gyawali</a> argued in a commentary that it made more sense for private power producers in Nepal to design projects to sell electricity for domestic value-added use than exporting it to India.COVID-19 is the main global health issue today, but 20 years ago it was HIV/AIDS, and the paper carried a report on anti-retrovirals not being affordable to people in poor countries.<a href="http://archive.nepalitimes.com/news.php?id=11090#.XxAmmqEza70">Manjushree Thapa</a> started her column Nepaliterature in which she profiled writers in the Nepali language with translated excerpts of their work. The July 2000 issue had these lines from Bimal Nibha:Comrade Baburam Bhattarai is busy leading the People’s WarI, dragging along my broken slippersAm wondering —as are many othersI’m an ordinary person who writes the news who writes poemsWho drinks tea and rushes offA worker who delights and weepsWith ardor and effort (nothing exceptional about me)Am I not also engaged in a people’s war, Comrade?Nepali Times also got rights to serialise chapters from <a href="http://archive.nepalitimes.com/news.php?id=11089#.XxAlmqEza70">Desmond Doig’s</a> book In the Kingdom of the Gods, and the first installment carried his description of Jang Bahadur’s Mughal-style Kal Mochan temple, which a western visitor once said was ‘too ugly to describe’.The <a href="http://archive.nepalitimes.com/news.php?id=11099#.XxAmBKEza70">Funny Side Up</a> satire column became a fixture on the back page with the first one on legalising corruption. Taxing bribes and slapping 13% VAT on baksheesh, it was suggested, would be a good way to raise government revenue.From this week, the ‘10 Year Ago’ column in Nepali Times will be ‘20 Years Ago’. It will look at Nepal from two decades ago, and how the country was getting mired deeper in conflict, political disarray was eroding democratic gains, tourism was being affected by the uncertainty.The COVID-19 lockdown is a fitting time for a retrospective – when the media itself is facing a crisis of survival. The media in Nepal has historically been threatened by the extreme right and the extreme left. It had survived the economic crises during the earthquake and Blockade. Legacy media was trying to cope with the digital transition. But never  has it had to face such an existential crisis.  There are serious implications for journalism as well as for an open society.As the past two decades show, journalism is indeed history in a hurry. And those who do not learn from it are doomed to repeat it.The content of the past 20 years of <a href="https://www.nepalitimes.com/latest/nepal-grapples-with-bringing-workers-home/">Nepali Times</a> is available in a searchable archive. The ePaper can also be accessed by issue through the <a href="http://www.digitalhimalaya.com/collections/journals/nepalitimes/">Digital Himalaya</a> site.

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Toothless Commissions

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