Nineteen years after the <a href="https://nepalitimes.com/editorial/13-february">end of the Maoist conflict</a>, the former enemies have finally come together to push through the <a href="https://nepalitimes.com/here-now/disappearance-of-justice">Enforced Disappearances</a> Inquiry, Truth and Reconciliation Commission Act of 2014.&nbsp;
This is the culmination of a two-decade long peace process that finally allowed the Maoists and the leaders they were trying to overthrow to agree on truth, justice and reparations for war crimes their forces were both involved in. Yet, there are still some contentious provisions in the bill and serious doubts persist about its honest implementation.
That Maoist supremo Pushpa Kamal Dahal (Prachanda) and Sher Bahadur Deuba of the Nepali Congress stood side by side to receive the report of a special committee last week was hugely symbolic — not just because till 2006 they were trying to kill each other, but also because they have both been prime minister multiple times since then. And time is supposed to heal.
The UML was less of a target during the conflict, and it fell upon Prime Minister K P Oli to steer this consensus. On Wednesday in Parliament, he hailed Nepal’s peace process as “a model of transitional justice for the world”. We don't know about that yet.
Western liberal democracies and the United Nations that had in the past been pushing Nepal hard on transitional justice with prosecution for war crimes <a href="https://nepalitimes.com/opinion/comment/nepal-s-transitional-justice-and-the-west-s-recalibration">have also been more muted about it</a>. US Ambassador to Nepal, the EU Ambassador and the UN Resident Coordinator all posted on social media welcoming the bill despite the inadequacies cited by victims’ groups.
Civil society activists are not convinced the bill will fully address truth and justice issues. They find the definition and classification of wartime excesses still vague and designed deliberately to reduce punishment and prosecution.&nbsp;
‘Any amendment to institutionalise impunity in the name of party consensus is unacceptable,’ said the Accountability Watch Committee in a statement earlier this week. Some conflict victims have also said the bill interferes with the right of the court to define, classify and determine serious violations of human rights.
The bill was relatively easy to push through because the Maoist party is considerably weaker, and is now in the opposition. And once the three leaders of the Maoists, NC and UML agreed, they got victims’ groups affiliated to their parties to sign up. Even though some victims feel the punishment for war crimes is watered down, after 18 years they want to move on.&nbsp;
Last year, former Minister for Law and Constitutional <a href="https://nepalitimes.com/opinion/transitional-injustice-in-nepal">Affairs Govinda Bandi (Govindaprasad Sharma Koirala) in the Maoist government tried to fast-track this bill</a> with provisions that made a distinction between ‘political murder’ and ‘wartime killing’, and even classified torture into ‘humane’ and ‘inhumane’. It also did not give the right for appeal on a special court verdict.
Bandi’s bill was <a href="https://nepalitimes.com/news/nepal-tj-bill-protects-perpetrators-shortchanges-survivors">met with a public outcry</a>, and a cross-party working group was set up to come up with a new draft defining serious violations of human rights, unresolved cases of reparations, and compensation for security personnel who died or were disabled.
The final bill now defines coercive or serious sexual violence, deliberate or arbitrary killings of unarmed people, acts of disappearance and inhuman or cruel torture as ‘violations of human rights’. Families of those killed, those who were injured or became disabled by landmines or war-era explosives are also eligible for compensation.
But the most egregious provision is still the one to reduce punishment ‘by 25%’ as per prevailing law for serious human rights violations except rape and serious sexual violence. How 25% is going to be applied is arbitrary. Proponents of the bill argue that transitional justice should not be viewed from the perspective of criminal justice alone because the crimes were committed during an armed conflict.&nbsp;
More than 60,000 complaints have been filed with the Commission for the Investigation of the Disappeared and the Truth and Reconciliation Commission. There is a provision for the Commissions to call for renewed complaints for a period of three months.
Prime Minister Oli wants to form the commission by September before he goes to New York to speak at the UN General Assembly next month. The term of office of the chair and members of the commission will be four years which means the transitional justice process should be complete by September 2028.&nbsp;
But that is easier said than done. <a href="https://archive.nepalitimes.com/article/nation/truth-about-truth-commission,3565">Both commissions have underperformed spectacularly in the past</a> because of lack of political will to face war crimes. There is no guarantee that the next commissioners will be more independent. Their persona and party loyalties will have a significant impact regardless of how good the law is.
So far, Nepal has spent Rs21 billion on reparations for families of the estimated 17,000 people killed or disappeared, and payouts to tens of thousands injured. The ghosts of those who died will continue to haunt the peace process until there is full truth and justice for war crimes.
Santa Gaha Magar

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Nepal's transitory justice

<figure><img width="1500" height="1241" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011110/636ccc329c7e80680e08bc0djpeg.jpg" alt=""/><figcaption>The letter Kiran Chaudhary got last year from the NHRC informing her about compensation for torture and rape by the security forces during the conflict.</figcaption></figure>Last October, a letter came for Kiran Chaudhary from the National Human Rights Commission (NHRC). It was Dasain, so the letter took several months for it to reach her husband’s home in Kailali.The letter had made a recommendation to the government to pay Chaudhary NRs300,000 as compensation for her ordeal during the insurgency, and to arrest the perpetrators. The conflict lasted from 1996-2006 with a loss of more than 17,000 lives. There are still 1,500 <a href="https://www.nepalitimes.com/here-now/the-empty-chairs/" target="_blank" rel="noopener noreferrer">missing</a>,  and there have never been a specific number for those maimed or still <a href="https://archive.nepalitimes.com/article/nation/psychological-scars-of-maoist-conflict-on-young-survivors-take-longer-to-heal,1519" target="_blank" rel="noopener noreferrer">suffering from mental trauma</a>.Kiran Chaudhary is one of them.It was in April 2002, four vanloads of government security personnel arrived at the village in Kailali district and entered her house. Chaudhary, a schoolgirl at the time, was accused of being a Maoist supporter."They accused me of being involved in the Lamki bombing, and asked me how many people I had killed," recalls Chaudhary. For the next 38 days, she would be locked away, followed by torture and rape."I can only remember that everything was red with blood. My menstruation cycle had not begun then, but in detention, I started to bleed. I could not tell if I was menstruating or bleeding from being raped regularly.”More than 18 years later, Chaudhary continues to suffer from the physical and psychological trauma. In her mid-30s now, she nurses a fractured pelvis from beatings, and the severe injuries caused to her reproductive organs by repeated rape.“I have been married for more than six years, and I cannot have children. When my in-laws ask, my husband is kind enough to say it is because of him,” explains Chaudhary. The couple still spends a quarter of their income on her medicines. <a href="https://www.nepalitimes.com/latest/nepal-runs-out-of-excuses-to-address-war-crimes/">Nepal runs out of excuses to address war crimes</a>, Tufan Neupane <figure><img width="1400" height="1000" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011110/636ccc369c7e80680e08bc0ejpeg.jpg" alt=""><figcaption> </figcaption></figure>The letter from NHRC last year gave the couple some hope, and they spent some time in Kathmandu last week, visiting people at the Commission. But they came away confused about the process of getting the compensation money.“We went to the Commission to ask them what we should do with the letter, and they said we have to go to Finance Ministry and Home Ministry, but we don’t know anyone there,” Chaudhary said. She had already spent ten days in Kathmandu waiting in government offices, trying to get noticed. But this is not new to her. Chaudhary has been in Kathmandu every few years following-up on her case. On most occasions, she walks from office to office, waits on people until she runs out of savings. She registered a case with the NHRC against the perpetrators in 2013. But it was only after the <a href="http://archive.nepalitimes.com/article/nation/truth-about-truth-commission,3565" target="_blank" rel="noopener noreferrer">Truth and Reconciliation Commission</a> as set up two years later that it received some attention. But with 63,000 other complaints, progress on individual cases like hers has been slow.  “It all depends on the Cabinet now,” an NHRC official told Nepali Times, requesting anonymity. She added, “We have already issued a letter recommending the government pay her compensation and take action against some individuals in the security force who violated and tortured her.”<a href="https://archive.nepalitimes.com/article/editorial/state-of-impunity,2976">State of impunity</a>, EditorialMeanwhile, Chaudhary’s life staggers along. A storm last April, blew away the thatched roof of her house and destroyed her documents, including her citizenship certificate.  “We received too much rain last year and the fry plopped out of the pond before they could grow to full size. It was a bad year for business,” says Kiran’s husband Mahesh. “We grow just enough rice to last a few months, but with her medical expenses, we never have enough.” Last year, Mahesh spent a few weeks going down to Lamki, learning Korean. He also cleared the Employment Permit System (EPS) exams, but with the pandemic, his migration plan is on hold. “We thought if I work abroad for a few years, we can save some money for her treatment.” Kiran also requires physiotherapy for her back, but the nearest hospital is two hours’ bus ride away. Most days after field work she cannot sit because of the pain. Kiran Chaudhary was detained, tortured and raped in two different army bases in Kailali. When she tried to go back to school after her release, she was ostracised and forced to drop out. For a year, she had to report to the police every day, and the villagers called her, “आर्मीले लगेको केटी”.“So many people have died in my family in the last few years, I find myself very alone, with the same problems that never leave,” sighs Chaudhary, with a catch in her voice. She tries not to think about her past, and has tried many ways of moving on. In 2012, she briefly joined Surya Bahadur Thapa’s Rastriya Janashakti Party, hoping that political affiliation would ease her life in some ways, but quickly realised she had no time for politics.  Peace is not peacefulFrom withdrawing inward to shun memories that would send her into fits, she has learned over the years to live with the past. But every time she hears of another woman who suffered similarly during the conflict, and the government doing nothing to help, she feels like the cycle is a perpetual one.“I am not the only one, am I?” she asks, in reference to recent cases of rape. “Even the officer at the Commission said that there are so many like me. Will they even do something about us? If I get the money it would at least pay my medical bills.”The NHRC official said the Commission has been following up on conflict-era cases, and has been pressuring the government to include individual cases like Kiran Chaudhary’s on the agenda. “It would be easier for everyone if the government made the decision and sent the compensation amount to be released to the local governments so that they don’t have to keep coming to Kathmandu,” the officer says. “But with the political mess we are in, it doesn’t look like that will happen soon. And it’s always the victims who keep suffering.”Some names have been changed.Read also: <a href="https://www.nepalitimes.com/latest/nepal-stalls-on-war-crime-probes/">Nepal stalls on war crime probes</a>, Nepali Times

Pratibha Tuladhar

The lingering trauma of war

Nepal went through a protracted internal armed conflict from 1996-2006 after the Communist Party of Nepal (Maoist) launched a rebellion to liberate the country from feudalism and monarchy. However, serious human rights violations and abuses were committed by both sides: the state security forces as well as the guerrillas. Over 17,000 people were killed on both sides, and more than 1,300 people are still listed as missing. The families do not know whether they are dead or alive, or who was responsible for their disappearance. The Comprehensive Peace Agreement (CPA) put an end to the conflict on 21 November 2006, with both sides agreeing to hold perpetrators accountable, and provide truth and justice to victims, including a commitment to investigate the whereabouts of those who were disappeared. However, 14 years after the ceasefire, these promises remain unfulfilled. This photographic project focuses on the families of the victims of the conflict to mark the International Day of the Disappeared on 30 August. My image making process involves a ‘family reunion’ in which people who lost family members are alongside projections of old family photographs which include missing family members. The passage of time, of existing and not existing, is layered within a single image. --- <h2>Rekha Bastola</h2> <figure><img width="1000" height="667" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7c99c7e80680e0737a3jpeg.jpg" alt=""/><figcaption>All photos: GULIGO JIA</figcaption></figure>Rekha looks out her window while I was trying to capture her portrait, her nephew holds a backdrop from behind. This is the only picture of her husband that Rekha has. As Maoist commanders wanted by the government, their wedding was held secretly with only a few comrades attending. Four months after the wedding, her husband was arrested by security and never came back.Rekha brought up her husband’s nephews and niece. She remains single, believing that her husband will eventually come home some day. <figure><img width="460" height="661" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7cc9c7e80680e0737a4jpeg.jpg" alt=""><figcaption> </figcaption></figure><figure><img width="440" height="293" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7ce9c7e80680e0737a5jpeg.jpg" alt=""><figcaption> </figcaption></figure><h2>Nijala</h2> <img width="1000" height="712" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7d09c7e80680e0737a6jpeg.jpg" alt="">Nijala sits in front a picture of her father, taken during a festival. Her father was captured twice by the security forces, and later disappeared for being a Maoist. She was just one year old. Her mother Rubi, thinking she would be next, went underground. After the 2006 peace deal, Rubi married again and gave birth to a boy. <h2>Bimala Dhakal</h2> <img width="1000" height="716" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7d29c7e80680e0737a7jpeg.jpg" alt="">Bimala Dhakal poses for a portrait alongside the projected photo of her husband Rajendra Prasad Dhakal who was a human rights activist in Gorkha, and was disappeared in 1999 during a trip to Tanahu. She looked for her husband everywhere, and was herself arrested and tortured by the army. She never found him. Bimala rarely talks about her husband in front of her children, only when something reminds her of him. <h2> Bibek Dhakal</h2> Bibek poses for a portrait alongside a photo of his father Rajendra Prasad Dhakal projected to the wall behind him. He was only nine months old when his father was disappeared in 1999. "Sometimes, when I smile or sing out loud, my mother tells me that I look just like my father," Bibek says. <img width="1000" height="714" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7d59c7e80680e0737a8jpeg.jpg" alt=""><h2>Maina Karki</h2> <img width="1000" height="665" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7d89c7e80680e0737a9jpeg.jpg" alt="">Maina Karki and her son sit in front a picture of her late husband, who was a sociology teacher in a government school. He was detained twice by Maoist guerrillas for refusing to give them a donation, and killed the second time. The police report said he has been shot four times. <h2>Narayan Devi Shrestha</h2> <img width="1000" height="714" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7da9c7e80680e0737aajpeg.jpg" alt="">Narayan Devi Shrestha poses for a portrait in front her husband’s picture in which he is in a Maoist party meeting. Her husband, brother and brother-in-law were all arrested and disappeared together. He was a district member of Lalitpur in Kathmandu, and eye witnesses said they had seen him pressed to the ground with a gun pointing at his head. <img width="626" height="875" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7dd9c7e80680e0737abjpeg.jpg" alt=""><img width="585" height="878" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7df9c7e80680e0737acjpeg.jpg" alt=""><h2>Nagma Mali</h2> Nagma poses for a portrait in front of a picture of her father. Nagma's mother passed away while giving birth to her sister Swastika. Their father was abducted by the army when Swastika was three, and she had to support her little sister and her grandmother who was ill. Nagma now works for the Children of the Disappeared while studying for her bachelor degree. <h2>Swastika Mali</h2> Swastika stands in the garden of their home in Lalitpur. Swastika’s mother died while giving birth to her. Three years later, her father, Nanda Gopal, who was an artisan, was abducted by the army. After her father disappeared, Swastika was raised by her sister Nagma. <h2>Srijana Shrestha</h2> <img width="1000" height="713" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7e19c7e80680e0737adjpeg.jpg" alt="">Srijana sits in front of a picture of herself with her husband, Sanjay, who was a supporter of the Nepali Congress party. In 2001, Maoist guerrillas came into their home and shot her husband in the room. He died on the way to hospital. Theirs was an inter-caste marriage, and the couple had to escape to Pokhara to get married. <h2>Gita Rasaili</h2> <img width="1000" height="666" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7e49c7e80680e0737aejpeg.jpg" alt="">Gita poses for a portrait in front of a picture of her sister Reena. Gita and two of her brothers joined the Maoist milita when she was 14. One of her brothers died in combat, and her sister Reena, a student at that time, was raped and killed by the army in her own backyard. “What I feel is that we need to speak up for tomorrow,” says Gita. Since 2007, Gita has been working for people who were victimised during the war and on issues of women empowerment in Voices of Women in Media. <h2>Devi Sunar</h2> <img width="1000" height="720" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7e69c7e80680e0737afjpeg.jpg" alt="">Devi Sunar and her adopted daughter Maina in front of the picture of Devi’s late daughter Maina who was only 14 when she was tortured and killed by the army as revenge for her mother’s criticism of their involvement in the murder of her niece, Reena Rasaili. Accused of being a Maoist supporter, Reena was shot dead in her own backyard.  “Maina’s body has been in the hospital morgue for 17 years, and I will cremate her when she gets justice,” says Devi, who has founded the Maina Child Development Committee. <h2>Suman Adhikari</h2> <img width="1000" height="716" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7e99c7e80680e0737b0jpeg.jpg" alt="">Suman Adhikari sits in front of a family picture in which his brother and father Muktinath Adhikari are celebrating Tihar. Suman’s father was a teacher and human rights activist in Lamjung. He was accused of continuing to teach Sanskrit and for refusing to give donations to the Maoists cause. In 2002, a dozen Maoist guerrillas took him away from a class he was teaching, tied him to a tree, stabbed him in the chest, and shot him.Former Maoist leader Baburam Bhattarai has publically acknowledged that the murder was a “mistake”. No one has been punished or the crime.Guligo Jia, 30 is a Chinese photographer and documentary filmmaker based in Beijing, and was stranded in Nepal from February-July 2020. <a href="mailto:guligojia@qq.com" target="_blank" rel="noopener noreferrer">guligojia@qq.com</a>

The empty chairs

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101120/636b71259c7e80680e0600b7jpeg.jpg" alt="" width="1100" height="1031"/><figcaption>Illustration : DIWAKAR CHHETRI</figcaption></figure>The Nepal Communist Party (NCP) government completes two years in power next month. Despite its <a href="https://www.nepalitimes.com/editorial/two-thirds-empty/" target="_blank" rel="noopener">strong majority</a>, the party’s performance has been underwhelming.It may look like the NCP is just lurching from one embarrassing cockup to another. But there are signs the party may have A Plan. That all along, it has been aiming not for ‘stability and prosperity’, but for the <a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">extension of control</a>, the <a href="https://www.nepalitimes.com/editorial/rule-by-law/" target="_blank" rel="noopener">stiffling of dissent</a>, the intimidation of critics, the <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">muzzling of the media</a> and the constriction of civil society. There is even a systematic strategy in place to roll back the development gains of the past decades.Read also: <a href="https://www.nepalitimes.com/latest/14-years-after-conflict-no-closure-in-nepal/" target="_blank" rel="noopener">14 years after conflict, no closure in Nepal</a><a href="https://www.nepalitimes.com/editorial/crushers-of-justice/" target="_blank" rel="noopener">Crushers of justice</a>, EditorialGiven that power is centralised in Baluwatar, the plan is obviously being hatched at the Prime Minister’s Office. There may be a <a href="https://www.nepalitimes.com/here-now/which-way-nepali-politics-in-2020/" target="_blank" rel="noopener">power struggle at the top</a> between Prime Minister Oli and his comrade Pushpa Kamal Dahal, but on matters of control and domination the party has <a href="https://www.nepalitimes.com/here-now/one-body-two-heads/" target="_blank" rel="noopener">one body with two heads</a>.The Cabinet has zero accountability and no performance evaluation. Instead, ministers regularly threaten critics with crude scare tactics. They take their cues from Prime Minister Oli, who last week accused editors in the Nepali media of being “without hearts”. It is true that the criticism of Oli across a broad-spectrum of the national media over <a href="https://www.nepalitimes.com/here-now/the-business-of-politics-undermines-nepals-democracy/" target="_blank" rel="noopener">his dealings with the Yeti Group</a> has been relentless, but we have received no satisfactory explanation of why the consortium gets preferential treatment in leases of former royal property by the Nepal Trust.The government’s actions over the past two years may seem ad hoc and haphazard, but taken together there appears to be a method to the madness. Let’s take the <a href="https://www.nepalitimes.com/banner/no-speaker-no-parliament-in-nepal/" target="_blank" rel="noopener">sidelining the NCP’s own Shivamaya Tumbahangphe</a> and the bullheaded approach to replace a <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">rape-accused Speaker</a> with a murder-accused Speaker. If we had to cite just one example of why there is <a href="https://www.nepalitimes.com/latest/getting-away-with-murder/" target="_blank" rel="noopener">impunity and blatant flouting of the rule of law</a> in this country, the appointment of <a href="http://archive.nepalitimes.com/blogs/thebrief/2011/05/31/hearing-set-for-case-against-minister-agni-sapkota/" target="_blank" rel="noopener">Agni Sapkota</a> to the post of Parliament Speaker is it.Read also: <a href="https://www.nepalitimes.com/banner/no-speaker-no-parliament-in-nepal/" target="_blank" rel="noopener">No Speaker, no Parliament in Nepal</a>, Sewa BhattaraiEver since the end of the conflict 14 years ago, the Maoists, the UML, NC and the security forces have been <a href="https://www.nepalitimes.com/banner/yesterdays-enemies-todays-comrades/" target="_blank" rel="noopener">partners in crime</a> in sweeping their combined <a href="https://archive.nepalitimes.com/article/editorial/state-of-impunity,2976" target="_blank" rel="noopener">wartime atrocities</a> under the carpet. Families of the victims and survivors of the war demand justice and truth, but every government since 2006 has tried to rig the <a href="https://www.nepalitimes.com/banner/12-years-later-justice-is-a-mirage/" target="_blank" rel="noopener">transitional justice</a> mechanism, and not a single perpetrator has been brought to trial. In fact, perpetrators get to lead Parliament.Agni Sapkota is accused of murdering <a href="https://www.himalkhabar.com/news/111027" target="_blank" rel="noopener">Arjun Lama, an activist of the UML</a>, in Kavre in 2005. The irony of it all is that the UML and the former Maoists are now unified in the Nepal Communist Party. After years of struggling for justice for her husband, Purnimaya Tamang finally told this paper this week: “I have lost all hope for justice now.”Pushpa Kamal Dahal may have been technically right in stating last week in Chitwan that he was responsible for the deaths of “only” 5,000 of the 17,000 people killed during <a href="https://www.nepalitimes.com/latest/nepals-transition-to-peace-needs-justice/" target="_blank" rel="noopener">the conflict</a>. But who is keeping count? If this vulgar non-repentance rattled many Nepalis, imagine what it did to the families of the disappeared and the survivors of that terror-filled decade.One of the provisions of the Comprehensive Peace Accord signed in 2006 was the establishment of a <a href="http://archive.nepalitimes.com/regular-columns/One-To-Many/victims-waiting-for-justice,698" target="_blank" rel="noopener">Truth and Reconciliation Commission (TRC) and a Commission for Investigation on Enforced Disappeared Persons (CIEDP)</a>. But all governments since have conspired to make these commissions ineffectual by appointing party loyalists to their senior positions so that no one ever has to answer for war crimes. This week, the NCP and NC appointed new handpicked commissioners to the TRC and CIEDP.Aside from transitional justice, the NCP has been trying to dismantle just about every sector in which Nepal has done well. There are <a href="https://www.nepalitimes.com/from-the-nepali-press/taking-away-forests-from-communities/" target="_blank" rel="noopener">attempts to dilute the laws</a> governing <a href="https://www.nepalitimes.com/banner/who-now-owns-nepals-forests/" target="_blank" rel="noopener">community forestry</a>. Pushpa Kamal Dahal hinted in Madi last week that he intended to change the by-laws governing Chitwan National Park. Under pressure from the fossil fuel lobby, the Finance Ministry is said to be thinking of scrapping <a href="https://www.nepalitimes.com/banner/nepals-electric-transport-future-is-here/" target="_blank" rel="noopener">the tax rebate on electric vehicles</a>. And this week, the Home Ministry was reported to be drafting a new Social Organisations Act which will allow it to close down non-government organisations it does not like.Taken together, it is not hard to see what the NCP has been working hard to do in the past years. In an Orwellian sense, when the party said ‘stability’, it always meant ‘control’.<h2>10 years ago this week</h2>...The <a href="http://archive.nepalitimes.com/news.php?id=16728" target="_blank" rel="noopener">analysis by Ashutosh Tiwari</a> in <a href="http://archive.nepalitimes.com/issue/486" target="_blank" rel="noopener">issue #486 of 22-28 January 2010</a> shows us how the power centre may have shifted in the last ten years, but the lust for power among our political leaders remains the same. As two Communist alpha males continue to battle it out in the ruling NCP, the latest casualty is the post of Speaker, with the sidelining of Shivamaya Tumbahangphe in favour of a murder-accused candidate: Even accounting for politicians’ lust for power, what’s wrong with our particular democratic structure that keeps on returning the same old politicians to power no matter how many Roman numeral andolans we have?On the outside, our system has the requisite avatar of a democracy (multiple parties, elections, political horse-trading, etc). Dig deeper, and you will find that it’s not the voters who call the shots but the party leaders, who have designed their parties’ internal structures in such a way as to keep them in power for as long as they live. Voters can express resentment, but come election time, they have to choose among the same menu of candidates.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101120/636b71289c7e80680e0600b8jpeg.jpg" alt="" width="513" height="800">...

THE TWO - YEAR ITCH

<figure><img width="1101" height="734" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101120/636b71199c7e80680e0600b1jpeg.jpg" alt=""/><figcaption>Agni Sapkota after registering his name as candidate for the post of Speaker of House of Representatives. Photo: BIKRAM RAI</figcaption></figure>Fourteen years after the end of the conflict, a slew of controversial decisions and pronouncements by leaders of the ruling Nepal Communist Party (NCP) in the past two weeks has raised doubts about its commitment to resolve issues of transitional justice.Families of the 1,400 disappeared are still waiting for the truth of what happened, victims of war crimes want justice, while many thousands who were wounded, tortured, raped, or lost property during the conflict still awaiting compensation.There has been a bi-partisan resistance on the part of the NCP and the opposition Nepali Congress (NC) to address <a href="https://archive.nepalitimes.com/article/editorial/state-of-impunity,2976" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://archive.nepalitimes.com/article/editorial/state-of-impunity,2976&amp;source=gmail&amp;ust=1579677544059000&amp;usg=AFQjCNE-VRNrZHcLkqbC8jkCHAF_ibxycA">wartime atrocities </a>and provide closure to the families of victims and survivors.In fact, the former enemies are now not just the state. The Maoists, who killed and persecuted many from the former UML party have now unified under the same NCP banner.  Last week NCP co-chair and former Maoist leader who has become prime minister twice, Pushpa Kamal Dahal, said in a speech in Chitwan that he took responsibility “only” for 5,000 of the 17,000 Nepalis killed in the conflict. He said the security forces had killed the rest. Since 2006, the Maoists under Dahal and later the NCP has tried to make both the Truth and Reconciliation Commission and the Commission on Enforced Disappearances toothless and ineffectual bodies. He has also tried to prevent prosecution of those who perpetrated proven war atrocities from the courts.Last week, the NCP and the NC agreed on political appointees to the <a href="http://archive.nepalitimes.com/regular-columns/One-To-Many/victims-waiting-for-justice,698" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/regular-columns/One-To-Many/victims-waiting-for-justice,698&amp;source=gmail&amp;ust=1579677544059000&amp;usg=AFQjCNHUuaxDbFVqw17VQ--TLTMNticNDA">Truth and Reconciliation Commission (TRC) and the Commission for Investigation on Enforced Disappeared Persons (CIEDP)</a> despite strong opposition from conflict victims’ groups and human rights activists.The term of officials from both Commissions expired 14 months ago, and since then the posts have been vacant. They received many depositions from families of victims and survivors of war crimes, but not a single case has been taken to the courts.<a href="https://www.aljazeera.com/news/2020/01/victims-unhappy-nepal-revives-transitional-justice-process-200113082330798.html" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.aljazeera.com/news/2020/01/victims-unhappy-nepal-revives-transitional-justice-process-200113082330798.html&amp;source=gmail&amp;ust=1579677544059000&amp;usg=AFQjCNHNLYmm0mKKfi3hRpUx1RzZgp-Kdw">A three hour “consultation” </a> with victims’ groups was widely condemned as a merely cosmetic gesture and boycotted by many. The <a href="https://www.hrw.org/news/2019/04/12/nepal-reform-transitional-justice-law" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.hrw.org/news/2019/04/12/nepal-reform-transitional-justice-law&amp;source=gmail&amp;ust=1579677544059000&amp;usg=AFQjCNEk_5tXidhL25wkpdDcMoqNDvzPEQ">transitional justice law has still not been amended</a>, although the Supreme Court struck down key provisions that could grant amnesty to perpetrators back in 2015.‘These are troubling signs,” wrote <a href="https://www.hrw.org/news/2020/01/20/nepal-falters-justice-pledge-conflict-abuses" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.hrw.org/news/2020/01/20/nepal-falters-justice-pledge-conflict-abuses&amp;source=gmail&amp;ust=1579677544059000&amp;usg=AFQjCNETrSeFLGj4NDuqkmKnIeZICLNc3A">Meenakshi Ganguly, South Asia Director of Human Rights Watch</a> on Tuesday. ‘International crimes cannot be brushed away with political trickery. If justice is denied in Nepal, victims may be forced to take their cases to courts abroad.’The last straw was the NCP’s appointment as the new Speaker of Parliament former Maoist commander <a href="http://archive.nepalitimes.com/blogs/thebrief/2011/05/31/hearing-set-for-case-against-minister-agni-sapkota/" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/blogs/thebrief/2011/05/31/hearing-set-for-case-against-minister-agni-sapkota/&amp;source=gmail&amp;ust=1579677544059000&amp;usg=AFQjCNGnI_YaxpLVDZmW6JcksaCRY1wCGA">Agni Sapkota</a> who is accused of executing a UML activist in Kavre, Arjun Lama in 2005.  <img width="594" height="142" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101120/636b711b9c7e80680e0600b2jpeg.jpg" alt=""><img width="591" height="289" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101120/636b711c9c7e80680e0600b3jpeg.jpg" alt="">The cruel irony of it is that the UML is now a part of the NCP. Also, a person charged with murder has replaced former Speaker Krishna Bahadur Mahara, who is charged with rape, over-stepping <a href="https://www.nepalitimes.com/banner/no-speaker-no-parliament-in-nepal/" target="_blank" rel="noopener">Shivamaya Tumbahengphe</a> of the NCP who had a rightful claim to be a Speaker.The government has not yet investigated Sapkota’s involvement in Lama’s murder. His wife <a href="https://www.himalkhabar.com/news/111027" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.himalkhabar.com/news/111027&amp;source=gmail&amp;ust=1579677544059000&amp;usg=AFQjCNEJpCkhE239E86oZOgjhD6meLK_DQ">Purnamaya Lama </a>said: “Now, I have lost all hope of justice.”In 2010, Agni Sapkota was denied a US visa for ‘serious and specific human rights allegations associated with his conduct during the insurgency’. He was earlier also prevented from going to Australia.

14 years after conflict, no closure in Nepal

<img width="1584" height="1108" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101148/636a26569c7e80680e043a0djpeg.jpg" alt=""/>At <a href="https://www.international-alert.org/" target="_blank" rel="noopener">International Alert</a>, as a global peacebuilding organisation, we often point to Nepal alongside <a href="https://www.google.com/url?q=http://archive.nepalitimes.com/article/Nepali-Times-Buzz/%2520identical-political-trajectories-in-Nepal-and-South-Africa,4057&amp;sa=U&amp;ved=0ahUKEwj1r8WljLjgAhVBP48KHQScCPYQFggFMAA&amp;client=internal-uds-cse&amp;cx=011870630917993763279:opm7uqsat-4&amp;usg=AOvVaw2RTo4ewDKjXsEgz2vOJ76F" target="_blank" rel="noopener">South Africa</a> or Northern Ireland as a country working through a peace process successfully, proving that peace can be writ large.  Of course, all three countries are still beset by troubles and the peace is far from perfect. In Northern Ireland, for example, today <a href="http://archive.nepalitimes.com/blogs/thebrief/2016/06/24/implications-of-brexit-for-nepal/" target="_blank" rel="noopener">Brexit</a> threatens the peace agreement, while in South Africa entrenched economic apartheid persists. But the guns have fallen silent, and stayed silent. Given that globally, half of all peace deals fall apart within 5 years, that is quite an achievement.Recently, International Alert and our partner <a href="http://fwld.org/" target="_blank" rel="noopener">Forum for Women, Law and Development</a> (FWLD) held a meeting in Nepalganj for victims to meet with the local service providers – local government, district administration, the hospitals, businesses and social services. The aim was to get practical help at the local level, while still pushing for a national solution.And <a href="https://www.nepalitimes.com/here-now/the-struggle-for-transitional-justice/" target="_blank" rel="noopener">the scars of war</a>, still unresolved, were still fresh: One man told us how on 8 July 2001, the Maoists cut off his leg, suspecting him of being an informer. Six times he has approached the government offices seeking medical support, but no-one listened to him. <img width="1949" height="777" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101148/636a265a9c7e80680e043a0ejpeg.jpg" alt="">The man sitting next to him told us that his leg was cut off the very next day on 9 July 2001: “My house was destroyed and I was tortured by the Maoists. I get interim relief but not adequate compensation. I registered my case with the <a href="https://www.nepalitimes.com/banner/12-years-later-justice-is-a-mirage/" target="_blank" rel="noopener">Truth and Reconciliation Commission</a> and so want to know what is going to happen next.” He wears an artificial leg, but has to treat himself.  Read also: <a href="https://www.nepalitimes.com/banner/12-years-later-justice-is-a-mirage/" target="_blank" rel="noopener">12 years later, justice is a mirage</a>, Sewa Bhattarai<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/opinion/justice-in-transition/" target="_blank" rel="noopener">Justice in transition</a>, David SeddonCalmly, patiently, a woman spoke up for all those waiting for men who have disappeared, calling simply for the truth, another for a lost son, another for a missing father. A woman said she was blindfolded and raped by security forces in the barracks. Severely traumatised and suffering from serious uterus problems to this day, she needs medical support and psychosocial counselling. But like too many others, she is left without support and justice.These victims and their families are struggling to be heard by the Truth and Reconciliation Commission, and the Commission of Investigation on Enforced Disappeared Persons (CIEDP), the two bodies in charge of pushing forward transitional justice in Nepal. Both have so far failed to deliver, despite having registered 63,000 complaints. This week, the four-year tenure of both <a href="https://www.nepalitimes.com/opinion/justice-in-transition/" target="_blank" rel="noopener">transitional justice commissions</a> were extended, and new Commissioners will be appointed.The <a href="https://www.nepalitimes.com/here-now/no-country-for-women/" target="_blank" rel="noopener">victims of sexual assault, rape</a> and torture, for example, have not received any support – no recognition that they are victims, no interim relief, no compensation. That is deeply demoralising for the victims and International Alert has been calling on the Nepal government to support a gender responsive <a href="https://www.nepalitimes.com/here-now/just-not-justice/" target="_blank" rel="noopener">transitional justice process</a>.  Read also: <a href="https://www.nepalitimes.com/here-now/no-country-for-women/" target="_blank" rel="noopener">No country for women</a>, Shreejana Shrestha <img width="1280" height="720" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101148/636a265d9c7e80680e043a0fjpeg.jpg" alt="">These initiatives desperately need substantial funds with matching political will to ensure progress. The wounds of war cannot be left to fester and must be proactively addressed. If the Nepal government seems <a href="https://archive.nepalitimes.com/article/editorial/state-of-impunity,2976" target="_blank" rel="noopener">lacklustre to prioritise</a> these issues, the victims’ groups are full of gritty determination. People are more than ready to mobilise to find the truth, support victims to receive compensation and find new work or to mourn their loved, lost ones. To be more effective, the civil societies and victim groups must come under one common platform to take the <a href="http://archive.nepalitimes.com/article/editorial/justice-delayed-justice-denied-transitional-justice,3556" target="_blank" rel="noopener">transitional justice advocacy</a> ahead.Read also: <a href="https://www.nepalitimes.com/here-now/just-not-justice/" target="_blank" rel="noopener">Just not justice</a>, Om Astha Rai<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/editorial/rocky-transition-to-justice/" target="_blank" rel="noopener">Rocky transition to justice</a>, EditorialNepal still has an opportunity to move forward the transitional justice process constructively in the coming months and to address truth, justice and reparation for victims. But this work needs the Government of Nepal to step up, and it needs donors to commit. If we want peace to last (and who does not?) then it needs long term, patient investment.Which is why the long time frame of the US Global Fragility and Violence Reduction Act is so vital. The bi-partisan Act was passed overwhelmingly through the House of Representatives on 28 November. If it passes the Senate, it commits the US Government to invest in 10 countries (five  already at war, five fragile) over 10 years, with coordination across all government departments from USAID to the military.Too often, governments lose interest in countries once the crises are past. NGOs are left with one or two-year projects sputtering to an end and no donors in sight to continue investing in building everyday peace. But that is to ignore the evidence and misread the public.Read also:<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://archive.nepalitimes.com/article/editorial/state-of-impunity,2976" target="_blank" rel="noopener">State of impunity</a>, Editorial<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="http://archive.nepalitimes.com/article/editorial/justice-delayed-justice-denied-transitional-justice,3556" target="_blank" rel="noopener">Justice delayed, justice denied</a>, EditorialEvidence shows that peacebuilding is effective, and also cost-effective. Every $1 spent on peacebuilding saves $16 in the costs of war, according to the Institute for Economics and Peace. A 2018 global poll undertaken by International Alert with the British Council found the public strongly favour ‘dealing with the reasons why people fight in the first place’ and ‘supporting societies to deal with conflict peacefully’, as effective means of creating long-term peace.So in 2019, the community of peacebuilding organisations will be pushing for the US Act to be passed into law, for other governments to adopt the approach, and for concrete progress for victims in Nepal as another building block of lasting peace.Harriet Lamb, CEO of International Alert and Rabina Shrestha, Manager of International Alert Nepal

Nepal’s transition to peace needs justice

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/636921f79c7e80680e03a0ffjpeg.jpg" alt="" width="1500" height="1000"/>Nepal’s flourishing diversity of ethnicities, languages and cultures and its socio-cultural closeness to Burma made me feel at home as soon as I landed in Kathmandu recently.Unfortunately, another similarity is that both countries have been mired in conflict and are trying to come to terms with truth and justice for past human rights violations.  There is a lot the two countries can learn from each other.Burma (Myanmar) was ruled by notorious military regimes for nearly half a century up until 2011, when political liberalisation began. The United Nations and others have documented widespread and systematic human rights violations by the junta, including war crimes, crimes against humanity and allegations of ethnic cleansing.Burma has the world’s longest-running civil wars, and has seen continuous conflict between the government and many of the country’s ethnic groups since independence in 1948. Both the military and ethnic armed groups have committed crimes including extrajudicial killings, forced displacement of entire villages, recruitment and use of child soldiers, and destruction of property, and war rape.The brutal suppression of pro-democracy movements, and violent crackdowns of protests were common throughout this period of military rule from 1962 to 2011, resulting in thousands of political prisoners. The atrocities against ethnic minority groups continue to this day, with the <a href="https://www.hrw.org/tag/rohingya-crisis" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.hrw.org/tag/rohingya-crisis&amp;source=gmail&amp;ust=1536731149248000&amp;usg=AFQjCNG9Jk6SjnsFjB6vZ6LOiPDxXWE85A">violations against Rohingya</a> people getting the most international attention at the moment.In comparison, Nepal’s conflict lasted a shorter period between 1996-2006 when most of the rights violations occurred. The violations of human rights during conflicts in both countries are so numerous and egregious that the normal justice system is not able to provide adequate response, which is why <a href="https://www.nepalitimes.com/here-now/the-struggle-for-transitional-justice/" target="_blank" rel="noopener">transitional justice mechnisms </a>are needed.After 2011 Burma’s military rule was replaced by a military-backed civilian leadership. A comprehensive peace process with ethnic armed groups brought bilateral ceasefires moving up to a <a href="https://www.mmtimes.com/national-news/17022-extracts-from-the-nationwide-ceasefire-agreement.html" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.mmtimes.com/national-news/17022-extracts-from-the-nationwide-ceasefire-agreement.html&amp;source=gmail&amp;ust=1536731149248000&amp;usg=AFQjCNFCatvjWLrPNer76IDwjivKl6nh7g">Nationwide Ceasefire</a> in October 2015. The current National League for Democracy (NLD) government, elected in a landslide in 2015, has continued <a href="https://www.reuters.com/article/us-myanmar-politics-peace-idUSKCN1160RF" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.reuters.com/article/us-myanmar-politics-peace-idUSKCN1160RF&amp;source=gmail&amp;ust=1536731149248000&amp;usg=AFQjCNHlFs7iEmrEFX7RmKFS5qH4T1roYg">negotiations</a> between government, military, ethnic armed groups and political parties. Even so, the International Center for Transitional Justice (<a href="https://www.ictj.org/our-work/regions-and-countries/burmamyanmar" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.ictj.org/our-work/regions-and-countries/burmamyanmar&amp;source=gmail&amp;ust=1536731149248000&amp;usg=AFQjCNFZYp8J36Vu0BAiKxeaJ9db3UEJEw">ICTJ</a>) has been pushing Burma to provide redress to political prisoners and bring victim experiences into the national dialogue.However, the process has been overshadowed by the accusations of a <a href="https://www.reuters.com/article/us-myanmar-rohingya/myanmars-ethnic-cleansing-of-rohingya-continues-u-n-rights-official-says-idUSKCN1GI0C2" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.reuters.com/article/us-myanmar-rohingya/myanmars-ethnic-cleansing-of-rohingya-continues-u-n-rights-official-says-idUSKCN1GI0C2&amp;source=gmail&amp;ust=1536731149248000&amp;usg=AFQjCNHnY3CEDJon3L9CC2ux35UaP6z-Qg">campaign of ethnic cleansing</a> against the <a href="https://www.nepalitimes.com/here-now/living-on-the-margins/" target="_blank" rel="noopener">Rohingya Muslim</a> population by the military which has forced some 700,000 refugees to flee to neighbouring countries. A <a href="https://www.ohchr.org/Documents/HRBodies/HRCouncil/FFM-Myanmar/A_HRC_39_64.pdf" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.ohchr.org/Documents/HRBodies/HRCouncil/FFM-Myanmar/A_HRC_39_64.pdf&amp;source=gmail&amp;ust=1536731149249000&amp;usg=AFQjCNFjnSZCGKZsKvq4mB0Q05qmpvitkQ">UN repor</a>t on 24 August was the strongest condemnation yet and called for top military figures to be investigated for genocide in Rakhine State and crimes against humanity in other areas. It recommended that the case be referred to the International Criminal Court (ICC).Predictably, Burma’s rulers <a href="http://time.com/5381281/myanmar-rejects-un-rohingya-genocide-report/" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=http://time.com/5381281/myanmar-rejects-un-rohingya-genocide-report/&amp;source=gmail&amp;ust=1536731149249000&amp;usg=AFQjCNHXozMm9CjyFfrgfrqgRcp2s_JVGw">rejected</a> the report. Then last week, a Rangoon court sentenced two Reuters reporters to seven years in prison for <a href="https://www.bbc.co.uk/news/world-asia-45392972" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.bbc.co.uk/news/world-asia-45392972&amp;source=gmail&amp;ust=1536731149249000&amp;usg=AFQjCNE07dgoa6OG7N-imhGIkuPmFXc8aw">violating a state secrets act</a> while investigating the atrocities against the Rohingya. Domestic and international rights have condemned it as a crushing blow to freedom of the press and another setback for democracy.Nepal’s own 2006 Comprehensive Peace Agreement laid down the steps to establish the Truth and Reconciliation Commission and the Commission on Investigation of Disappeared Persons which were finally established in 2015. Even so, they are criticised for allowing the government to grant amnesty to perpetrators, they <a href="https://www.hrw.org/news/2018/02/13/nepal-transitional-justice-proving-elusive" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.hrw.org/news/2018/02/13/nepal-transitional-justice-proving-elusive&amp;source=gmail&amp;ust=1536731149249000&amp;usg=AFQjCNGebWcVaS1DrMhWBpyjX4uKXTT3HQ">fail to meet international standards</a> and are unconstitutional. The government has extended their mandates for the second time in February, but has not provided them enough technical and financial support.Both Nepal and Burma currently face the challenge of a <a href="https://www.nepalitimes.com/here-now/just-not-justice/" target="_blank" rel="noopener">lack of commitment and delays</a> about the transitional justice process because of the lack of political will to acknowledge the past and provide relief to victims.In Burma, the military did not want to uncover the wrongdoings of its personnel and discussion of massive human rights violations has been largely<a href="http://www.irrawaddy.com/election/news/forgive-those-who-wronged-us-suu-kyi-tells-nld" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=http://www.irrawaddy.com/election/news/forgive-those-who-wronged-us-suu-kyi-tells-nld&amp;source=gmail&amp;ust=1536731149249000&amp;usg=AFQjCNF-f-Fz5PYrT6mZYMmyuPWQSLywog">understood to be off the table</a> during the transition and the peace process. This is because the current government says it is worried that raking up the past might reopen old wounds and further deepen divisions. Burma’s hybrid political structure still equips the military with greater power and influence. This failure to address transitional justice to confront past violations is now impeding the ability to confront the present.A similar <a href="https://www.icj.org/wp-content/uploads/2017/08/Nepal-TJus-Process-Advocacy-2017-ENG.pdf" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.icj.org/wp-content/uploads/2017/08/Nepal-TJus-Process-Advocacy-2017-ENG.pdf&amp;source=gmail&amp;ust=1536731149249000&amp;usg=AFQjCNFjTUV6E4PEQAdkfJwBIUBkGlAJYg">narrative</a> is <a href="http://archive.nepalitimes.com/article/nation/Rights-right-here-at-home,3956" target="_blank" rel="noopener">being put out in Nepal as well</a>, and this is largely the reason why the perpetrators of conflict-era violations keep getting amnesty without serving actual jail time or prosecution. Since former enemies are now the state, it is in their interest delay, dilute and deny justice. Transitional justice is said to impede reconciliation, and perpetrators argue they were just following orders.Victims, their families, and human rights activists want them to be held to account no matter what. The Nepal government recently began consultations on amendments to the two <a href="https://www.nepalitimes.com/editorial/rocky-transition-to-justice/" target="_blank" rel="noopener">transitional justice mechanisms</a>. While this shows the country may be going in the right direction, the notion that seeking justice impedes reconciliation is still widespread.Justice and reconciliation should not be trade-offs, nor are they mutually exclusive. After periods of repression and conflict, burying the past for the sake of peace might seem desirable but is not  sustainable in the long run. Transitional justice does not merely mean prosecution or reopening old wounds, it holds perpetrators to account and gives a change for them to offer apologies and acknowledgment. Nepal and Burma must remember that addressing past violations and recognising victims as rights-holders, fosters civic trust and the rule of law while promoting reconciliation.Naw Gladys Maung Maung is a political science student from Burma who was recently in Nepal.

Nepal and Burma delay, dilute and deny justice

Architecture can be a powerful agent of change, shaping not just spaces but the way people live, connect, and experience the world.&nbsp; For Nepal, which is <a href="https://nepalitimes.com/banner/natures-fragile-gift-to-nepal">gifted by nature</a> and rich in <a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/ambassador-fund-cultural-preservation-nepal,2092">cultural heritage</a>, &nbsp;reviving rural architecture with modern amenities could hold the key to more <a href="https://nepalitimes.com/here-now/what-sustainable-tourism-means-in-practice">sustainable tourism </a>that benefits local people more. “<a href="https://nepalitimes.com/banner/bayalpata-hospital-in-nepal-wins-global-design-award">Design and architecture</a> are amazing tools to create a unique experience for visitors,” says Spanish architect Tomeu Esteva of Esteva i Esteva Architecture Studio. “Difficult destinations have beautiful hotels with design and comfort.” Esteva was in Kathmandu with his colleagues at an event organised by the Spanish Honorary Consulate at Dwarika’s Hotel last week to showcase buildings which Nepali architects can adapt with local material and design inputs.&nbsp; Rural architecture holds a unique significance: it is more than a shelter and must reflect <a href="https://nepalitimes.com/here-now/inking-an-idenity">local identity, culture</a> and <a href="https://nepalitimes.com/here-now/saving-humla-from-heritage-loss">heritage</a>. An area’s natural and cultural harmony can be upset by <a href="https://nepalitimes.com/here-now/protecting-protected-areas-from-infrastructure?fbclid=IwAR1wK0MDFlFST_2EYb3f54LS4-fPt6rYfLG1DJ1JaQsU3w8-ezyXIxGOqzk">poorly planned development</a>, speakers at the event said, but the environment can be improved and revitalised by well-integrated structures.&nbsp; Another Spanish architect, Belen Moneo, has designed hotels at elevations of 3,700m in her home country Spain that supply natural spring water spas. “<a href="https://nepalitimes.com/banner/lost-in-reconstruction">Creativity in construction</a> must be encouraged. Rural architecture always shows possibilities of what we can do better,” Moneo explains, adding that designs must enhance <a href="https://nepalitimes.com/opinion/the-healing-power-of-nature">the beauty of nature</a> and give a natural feel at a time when steel, glass and cement dominate <a href="https://nepalitimes.com/here-now/rebuilding-kathmandu-after-the-1934-quake">urban design</a>.&nbsp; This is why the <a href="https://nepalitimes.com/here-now/weaving-nature-into-craft">use of natural products</a> such as bamboo, local timber, straw and rammed earth are in demand from customers who want a fresh eco-friendly look encouraged in construction of rural architectural structures. The demand for boutique hotels has increased world over, with &nbsp;more and more tourists favouring aesthetics, experience and comfort over price. While creativity is an important part of <a href="https://nepalitimes.com/here-now/architecture-for-mountains">construction and architecture</a>, incentives to build and use <a href="https://archive.nepalitimes.com/article/nation/Building,370">rural construction materials</a> still remain minimal, and Moneo emphasises the significance of design and execution.&nbsp; Esteva helped design the Vana Retreat in Dehradun that kept the natural environment in focus, with the structure giving an elaborate aesthetic experience to visitors. Another example is Hotel Las Mercedes in the Dominican Republic which was designed and constructed by Moneo and the company she co-founded Moneo Brock, respecting and revaluing the traditional architecture of the area. Hotels providing such experience could attract tourists and revenue. The Spanish ambassador to Nepal Juan Antonio March Pujol said, “The role of architecture and architects in developing tourism is crucial, not only in urban areas but rural settings as well.”&nbsp; The concept of rural boutique hotels gained traction in Spain during the 1990s, particularly in regions like Majorca with economic and environmental sustainability as the main focus. In Nepal <a href="https://nepalitimes.com/opinion/12-full-opinion/guiding-nepal-s-tourism-industry">the tourism industry</a> directly employs about 1 million people, and makes up about 8% of the country’s GDP. In Nepal, the stone homes of <a href="https://nepalitimes.com/news/reviving-himalayan-vulture-and-culture">Mustang and Manang</a>, bamboo and mud structures of <a href="https://nepalitimes.com/here-now/the-tarai-s-shrinking-forests">the Tarai</a>, and the Kathmandu Valley’s terra cotta tile skylines, graceful temples, and tranquil bahal courtyards are all examples of <a href="https://nepalitimes.com/here-now/nepal-s-traditional-seismic-resistant-designs">Nepal’s traditional architecture</a>.&nbsp; Nepali architect Sarosh Pradhan has been working for the past eight years on the Brakka Village project in Manang Valley north of <a href="https://nepalitimes.com/banner/municipalities-want-to-manage-annapurna">the Annapurnas</a>. Other examples of this kind of rural architecture for high-end tourism are the Shinta Mani Hotel in Mustang and Khumbu Lodge below <a href="https://nepalitimes.com/news/mt-everest-pvt-ltd">Mt Everest</a>. Says Pradhan, “There are places in Nepal that radiate purity and embrace simplicity. Creating projects in such settings require deep reflection and thoughtful planning.”  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250421030444_a07a23f6b60fa89c0f35b9dc1aaf19937da4881e6bfb2e1858f3c27dff91729f.jpg" data-media-id="editor_19" data-image-id="20250421030444_a07a23f6b60fa89c0f35b9dc1aaf19937da4881e6bfb2e1858f3c27dff91729f" data-rendition-name="original" width="4608" height="2184" loading="lazy" alt="A new architecture for Nepal's tourism"> </figure>  Rural architecture is not easy, and sometimes more expensive. Inflation, energy efficiency, <a href="https://nepalitimes.com/here-now/those-who-stay">the climate crisis</a>, and <a href="https://nepalitimes.com/banner/cost-of-living-in-a-big-city">increased costs of living</a> pose obstacles to sustainable rural architecture. Read also: <a href="https://nepalitimes.com/here-now/forgotten-international-starchitects-in-nepal">Forgotten international starchitects in Nepal</a>, Anne Feenstra and Varun S Bapu Esteva says faith and trust between client and architect is necessary for any project to be successful. He adds that architects must practice being humble, the process of designing always involves learning and not imposing their ideas on clients. Nepal is uniquely positioned for the growth of <a href="https://nepalitimes.com/banner/hiking-up-the-benefits-of-tourism">rural tourism</a> because of its stunning countryside as well as its internationally renowned traditions in holistic wellness. Creating infrastructure that is small, thoughtfully planned and that respects both tradition and contemporary hospitality standards is crucial. “Projects in Nepal can be made cost effective by using materials from houses that have been brought down,” says Esteva. “Pilot projects involving <a href="https://nepalitimes.com/banner/local-government-by-the-people-for-the-people-of-the-people">local people </a>and simple designing also helps the process.” <a href="https://nepalitimes.com/banner/vacant-homes-become-homestays-in-nepal">The growth of homestays in Nepal</a> is a step in the right direction, but they are still a bit too rustic for the international traveller who also wants comfort and is willing to pay extra for it. Upgrading the facilities in homestays and ensuring that the <a href="https://nepalitimes.com/here-now/an-archive-of-nepali-heritage">architectural heritage</a> of the locality is preserved using locally sourced building material could allow owners to charge more. Says Sangita Shrestha of Dwarika’s Hotel, “Our effort is to build upon rural architecture by empowering local communities and using what is available locally. We can fine tune and encourage indigenous design and training.” The vision goes beyond just boosting the economy, it is about building a future where tourism helps villages grow in a healthy and lasting way. Instead of using up resources, it gives back to the land and the people. It supports local communities by<a href="https://nepalitimes.com/opinion/staying-in-nepal-to-create-jobs"> creating jobs</a>, improving infrastructure, and protecting natural beauty. When done right, tourism can be a tool for <a href="https://nepalitimes.com/editorial/progress-and-or-preservation">preserving culture and nature</a>, not harming them. Architects must therefore see their work as more than just designing buildings, they also need to care deeply about people and places, especially in rural areas that can benefit the most.&nbsp; With global interest in sustainable and off-the-beaten-path travel increasing, Nepal stands at the cusp of a <a href="https://nepalitimes.com/news/missing-out-on-nepal-s-tourism-potential">tourism transformation</a> that values community-driven, eco-conscious hospitality. A mix of modern ideas and traditional knowledge could transform rural tourism in Nepal. Says Shrestha, “Young architects should spend time with <a href="https://nepalitimes.com/latest/the-unsung-heroes-of-conservation">local and indigenous communities</a>, listen to their stories, and learn from their <a href="https://nepalitimes.com/banner/life-and-livelihood-in-remote-nepal">ways of living</a>. These communities have deep knowledge about the land, materials, and climate. If this wisdom is used in new designs, it can help create tourism spaces that truly benefit everyone.” &nbsp;

A new architecture for Nepal's tourism

Extract from an addendum to Nepal's Two Wars, Chapter 2 in the updated edition of Essays on Nepal: Past and Present by Sam Cowan, a retired British Army general with a long association with the Gurkhas. The book was first published in 2018, and republished earlier this month by FinePrint exclusively on Amazon. The addendum details a one-to-one conversation the author had in the <a href="https://archive.nepalitimes.com/news.php?id=8884">Royal Palace </a>with the <a href="https://archive.nepalitimes.com/news.php?id=8371">King Gyanendra</a> in November 2002 just after he had taken his initial steps on the road that ultimately led to <a href="https://archive.nepalitimes.com/news.php?id=14681">the abolition of the monarchy</a> in Nepal in 2008. In the early evening of September 16, 2002, in my role as Colonel Commandant of the Brigade of Gurkhas, I had my second and last official audience with King Gyanendra to give him an update on the Brigade’s activities over the previous 12 months. I had some 6 or 7 such audiences with <a href="https://nepalitimes.com/here-now/preserving-king-birendra-s-family-home">King Birendra</a>.&nbsp; These were official affairs with the British ambassador of the day present, along with key <a href="https://archive.nepalitimes.com/news.php?id=12233">palace officials</a> and a representative from Nepal's Foreign Ministry. The two monarchs were very different in character and temperament, but both treated me with the utmost civility and made the audiences as relaxed and easy for me as possible.&nbsp; It is, however, worth recording that when the official business had been covered, King Birendra, with a twinkle in his eye, often ended by asking, “Now General, what’s the gossip in London?” The second audience with <a href="https://archive.nepalitimes.com/news.php?id=8026">King Gyanendra </a>was my last official act in uniform. We came back to Kathmandu in the first week of November (after treks) to stay for a few nights with our Defence Attaché before heading back to the UK. Waiting for me was a message from the Palace saying that King Gyanendra would like to meet me informally: <a href="https://archive.nepalitimes.com/news.php?id=6933">no uniform</a> and no ambassador.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250421080420_f9046f9882d4481781d14f2b64f18c7fbbea62562e1d74e3465de6d01fb43750.jpg" data-media-id="editor_7" data-image-id="20250421080420_f9046f9882d4481781d14f2b64f18c7fbbea62562e1d74e3465de6d01fb43750" data-rendition-name="original" width="1750" height="2406" loading="lazy" alt="Gyanendra crowned page 1"> <figcaption>Nepali Times Special Edition of 6-14 June 2001 with enthronement of Gyanendra. </figcaption> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250421080424_21333d6ae21828eb47fe3f849438d215fe2804460d47bb2896ef4aee4e895ad2.jpg" data-media-id="editor_8" data-image-id="20250421080424_21333d6ae21828eb47fe3f849438d215fe2804460d47bb2896ef4aee4e895ad2" data-rendition-name="original" width="1500" height="1857" loading="lazy" alt="Royal massacre"> <figcaption>Nepali Times 22-29 June 2001 covering the royal massacre after which Gyanendra became king. </figcaption> </figure>  Although I had no idea what the purpose of the meeting might be, events in Kathmandu since I last saw the king put me on edge. On October 4, 2002, Gyanendra had dismissed Prime Minister Sher Bahadur Deuba, allegedly for failing to hold <a href="https://nepalitimes.com/news/what-goes-on-in-nepal-s-elections">elections</a>. He had put in place a new prime minister and a cabinet personally selected by him. When I heard the news on my travels, the people I met were generally supportive of the king’s actions. There was a general view that something had to be done, the country was going nowhere, and the king deserved his chance, not least to solve<a href="https://nepalitimes.com/latest/14-years-after-conflict-no-closure-in-nepal"> the Maoist </a>problem. Back in Kathmandu, views were not so sanguine. The chosen prime minister, Lokendra Bahadur Chand, was a relic from <a href="https://nepalitimes.com/here-now/mob-movement-and-mayhem">the Panchayat period</a> whose party had failed to win a single seat in the last elections held in 1999. Some of the chosen cabinet ministers had, to put it mildly, dubious reputations, and others had no record of proven competence in any field. There was a fear that the king’s real motive in dismissing <a href="https://nepalitimes.com/editorial/deubas-denouement">Deuba</a> was to start to reverse the democratic gains made since 1990. I informed <a href="https://nepalitimes.com/news/nepal-britain-mark-centenary-of-1923-treaty">the British ambassador</a> about the invitation. He was strongly against accepting it, which was probably the clinching reason for my decision to do the polite thing and accept it. On the evening of November 7, 2002, I presented myself at the royal palace, alone and in civilian attire.&nbsp; As in the past, the Military Secretary, Major General Vivek Shah, met and escorted me into the presence of the monarch. This time, however, he was politely asked to leave the room and shut the door behind him. King Gyanendra greeted me warmly and invited me to sit down.&nbsp; Read also:<a href="https://nepalitimes.com/news/the-ghost-of-monarchy-returns-to-haunt-nepal"> The ghost of monarchy returns to haunt Nepal</a>, Shristi Karki  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250421080424_e382af945d0ad2a04ae41fabe5393f793dd10f54cb1220f111c7c9e7423eb558.jpg" data-media-id="editor_15" data-image-id="20250421080424_e382af945d0ad2a04ae41fabe5393f793dd10f54cb1220f111c7c9e7423eb558" data-rendition-name="original" width="1000" height="993" loading="lazy" alt="Gyanendra coup"> <figcaption>Nepali Times 4-10 February 2005 after king Gyanendra's coup imposed media censorship. anendra became king. </figcaption> </figure>  I had wondered, and to be truthful, had worried, not just about the purpose of the meeting, but about how the conversation might start and develop. I reduced my resolve to two points: be polite but speak candidly. The latter resolve was quickly put to the test with the king’s opening words: “Sam, [in previous meetings it had been ‘General’, you walk the highways and byways of this land more than most, tell me what the common man is thinking?” &nbsp;“Your Majesty, I have no idea what they are thinking, but they are waiting.” “Waiting?” “Yes, Your Majesty, they are waiting to see whether what you did some weeks ago in appointing your own prime minister and cabinet ministers is going to make any difference to their lives or whether it is just going to be more Kathmandu hot air.” “Everything is going to be difficult and is going to take time, a lot of time.” “Your Majesty, time is the one thing you don’t have. You must act quickly and decisively to take advantage of the opportunity you have created. Everyone knows that you have appointed these new ministers. Why don’t you get them in here one by one and tell them that they have three months to deliver a programme in their area of responsibility that is going to make a difference to people’s lives? Most will fail to do so. Sack them! It will be a powerful signal of your strong intent to deliver real change.” I can express the opening of our conversation in this way because just about every word is still etched in my mind. The king’s response to my last quoted words was to challenge me to give an example of something that could be delivered quickly. I can give a verbatim record of what I said in response to this unexpected challenge: “Health posts, Your Majesty, there is no shortage of them throughout the country as building them has been one of the sources of local corruption, but very few have any medicine to issue at present or have skilled people to assess and meet medical needs. Your Majesty, children are dying for lack of a few pills. Given the right priority, over a period, say of six months, every health post could be fully stocked with medicine and manned with trained people. This is something I could help to lead for you as I know it would have strong international backing. At last, people would know that you mean business.” As I warmed to the theme, I could see no sign of the king having any enthusiasm for the idea, and I quickly disengaged as it dawned on me, as it had clearly dawned on the king, that the reason for the deficiencies in health posts was to prevent any Maoist combatant from gaining access to any <a href="https://nepalitimes.com/opinion/tech-away/nepal-s-health-tech-industry-is-here-to-stay">medical support</a>, and if this meant people suffering, so be it. The subject of the Maoist insurgency inevitably came up, and I took the opportunity to elaborate on what is written in the final four paragraphs of the article above. I advised King Gyanendra that, self-evidently, since there were three parties in the conflict—him, the Maoists, and the political parties—it was imperative that he form an alliance with one of them, preferably the political parties; otherwise, he would find himself isolated, as the other two parties would inevitably, at some stage, form their own alliance. However, it quickly became apparent that the king’s mind was on a totally different track. On the Maoists, he told me that he had channels open to them, but he was scathing about the political party leaders. He made it clear that they would be waiting for a very long time before he gave any power back to them, and that is a polite way of expressing the actual words he used, but “crawling through the door” is a phrase which has stuck in my mind.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250421080424_5403455ff6168f0d202a96cb53edea69136d74d59b989cfcc7cc4a1d57672cb5.jpg" data-media-id="editor_17" data-image-id="20250421080424_5403455ff6168f0d202a96cb53edea69136d74d59b989cfcc7cc4a1d57672cb5" data-rendition-name="original" width="2000" height="1317" loading="lazy" alt="fall of monarchy"> <figcaption>Nepali Times 28 April-3 May 2005 with cover image by Ajay Joshi of jubilant protesters after street demonstrations sidelined king Gyanendra, paving the way for a ceasfire and restoration of democracy. </figcaption> </figure>  As the conversation developed, it became ever clearer that King Gyanendra had decided to go in alone, relying on the misleading assurances he was constantly receiving from <a href="https://archive.nepalitimes.com/news.php?id=14954">the army</a>, and no doubt his close advisers, that the Maoists could and would be quickly defeated militarily, and taken out of the equation. This would obviate the need for him to do any deal with the political parties.&nbsp; Thus, the way would be clear for him to establish a version of his father’s Panchayat system, under a constitution that would be granted to the people by him, their sovereign, as his father and brother had done in 1962 and 1990. As in those constitutions, ultimate power would have remained in the sovereign’s hands. This proposed direction of travel was very clear from what the king said to me. In sum, King Gyanendra was motivated by a desire to emulate his immediate predecessors by granting his people a constitution that would restore his father’s Panchayat system in a modern form and give him a central role in decision-making. What was particularly dispiriting was that beyond this single objective he had no plan worthy of the name, nor demonstrably did he have the people with the skills to implement an appropriate plan even if one had existed. Crucially and depressingly, there was little or no indication from the king that he realised that such a course of action could put Nepal’s monarchy into serious jeopardy, as indeed proved to be the case. <h2>King Twice</h2>  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250420110436_315d519fe3d68d2406ebe1480fed54720fbf21b8907a4da5cde751fdc623d445.jpg" data-media-id="editor_19" data-image-id="20250420110436_315d519fe3d68d2406ebe1480fed54720fbf21b8907a4da5cde751fdc623d445" data-rendition-name="original" width="1302" height="632" loading="lazy" alt="“Tell me what the common man is thinking!”"> </figure>  <a href="https://archive.nepalitimes.com/news.php?id=8371">Gyanendra Bir Bikram Shah has been king twice</a>. In 1950 he was enthroned briefly as a child king (left, above) by the Rana Prime Minister Mohan Shumsher when his grandfather, King Tribhuvan, fled to exile in India. In 2001 he was crowned king again after the massacre in the royal palace in which his brother King Birendra and nine other members of his family were killed by Crown Prince Dipendra.&nbsp; During his second reign, Gyanendra gradually asserted power by sacking Prime Minister Sher Bahadur Deuba in 2002, and then taking full control after the 1 February 2005 coup. He was sidelined after the ceasefire in April 2006, and became a commoner after the Constituent Assembly finally <a href="https://archive.nepalitimes.com/article/from-nepali-press/Ftnp-abolishing,624">abolished the monarchy in 2008</a>. In the past year, Gyanendra has tried to exploit public dissatisfaction with the political parties to restore the monarchy.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250421080432_26ef4a4b0e3cee9fdc6794446702efe16550d293904b4f6dd46fe35d4d10c788.jpg" data-media-id="editor_22" data-image-id="20250421080432_26ef4a4b0e3cee9fdc6794446702efe16550d293904b4f6dd46fe35d4d10c788" data-rendition-name="original" width="1136" height="702" loading="lazy" alt="Essays on Nepal by Sam Cowen"> </figure>

“Tell me what the common man is thinking!”

“It's Kathmandu.” Just as the family was sitting down for one of its extended lunches, that jubilant cry was from François Driard’s grandfather announcing the next posting for his diplomat parents.&nbsp; Driard (pictured) was 18 in the summer of 1996,<a href="https://nepalitimes.com/opinion/suburban-tales/chasing-a-nomad"> a bit of a hippie</a> already, and his life was about to change forever with the magical word “<a href="https://nepalitimes.com/banner/time-capsule-of-kathmandu">Kathmandu</a>”. “I was awed with that information from my grandfather, nothing else mattered … In France <a href="https://nepalitimes.com/here-now/tales-of-courage-and-suffering-cx95f89e">in the 1990s</a>, Kathmandu had a mythical aura,” Driard recalls. He came to Kathmandu for Christmas that year to visit his stepfather, the French Ambassador Michel Lummaux. It was to be the first of many visits during school holidays, before he decided to permanently settle down in Nepal. “Kathmandu, and Nepal, were very different then, it was magical, I liked the nature, the people, civilisation, temples, trees,” says Driard, who explored the country sitting on the top of buses. “Visitors talk about the crazy <a href="https://nepalitimes.com/banner/cost-of-living-in-a-big-city">urbanisation</a>, traffic jams today, and all that is true. But Kathmandu has not <a href="https://nepalitimes.com/here-now/loss-of-soul-and-soil">lost its soul</a>.” After his stepfather’s tenure in Nepal ended, Driard worked as a business reporter for international publications but decided he did not want to be anyone’s employee anymore. In 2007 he landed in Kathmandu with €20,000 in savings to invest.&nbsp; He knew a few crucial things about himself: he liked food and nature, which is very much tied up with his upbringing--full of lively conversations during lunch and dinner at the family table between <a href="https://nepalitimes.com/here-now/nepals-yak-cheese-is-on-world-map">abundant cheese, wine and cigars</a>. So he decided it would be cheese, and registered Himalayan French Cheese and went to the French Alps for a month to learn how to make Tomme de Savoie. “<a href="https://nepalitimes.com/banner/the-story-of-langtang-cheese">Cheese making is such an ancient craft </a>and so I thought I won’t need much money or studying which I hated and indeed, if you have a tamako bhado and fire you are set,” explains Driard. But Nepal’s temperature and humidity were not ideal, even at higher altitudes. The first customers for his cheese were the Hyatt Regency and Nina and Hager. But he needed to create a market for cheese in a country which only knew hard churpi in the north and soft paneer in the south. He started selling his cheeses at the Summit Hotel weekend market, expanding to his own 1905 Farmer’s Market which later moved to Le Sherpa in Maharajganj, where it is now, and also a market at Labim Mall in Pulchok. He had cow dairies in Nuwakot and Dhulikhel, and finally a yak cheese unit at 3,379m in Ramechhap. It was the yak blue cheese from here that went on to win a Gold Medal in France, putting Nepal’s French cheese on the world map. “People come and try our cheese at the market, they ask questions. There is a lot of education to be done about cheese,” adds Driard, who also has three cheese shops in the Valley. Driard now makes 25 types of cheese. The products are being noticed and every year he has French students coming to Nepal to learn the art of yak cheese making. “In France, one family or company makes one kind of cheese for generations. In that I’m very unique as a cheese artisan,” he says. “The students come in to learn but I tell them to also teach us something too, add another cheese to my collection.” Read also: <a href="https://nepalitimes.com/here-now/langtang-after-10-years">Langtang after 10 years</a>, Sonia Awale Being a foodie, Driard is now also dabbling in meat with his own charcuterie at Meatini with bacon, ham, sausage and pâtés. All of this is now served at his Emilio’s Pizza, a leafy hideaway in Lazimpat. His South Side in Moksh is probably the smallest wine bar in the world. “I call the process sublime,” says Driard of his ventures, which have grown organically. “You need the same temperature and humidity of 12°C and 80% for cheese, meat and wine.” Emilio’s speciality is the eight-cheese pizza (which has eight types of cheeses), and a pizza with bhutan topping (not the country but fried intestines and organs Nepali-style). He has opened a small branch at Courtyard in Pokhara.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250426070456_bacae302c040dc18eeecdeafda72ddf06a6d2cec138ea9be7e45fe94cdf8b5b3.jpg" data-media-id="editor_8" data-image-id="20250426070456_bacae302c040dc18eeecdeafda72ddf06a6d2cec138ea9be7e45fe94cdf8b5b3" data-rendition-name="original" width="1500" height="1125" loading="lazy" alt="8 cheese pizza"> <figcaption>Eight-cheese pizza</figcaption> </figure>  With two artisanal cheese units, two farmers’ markets, a <a href="https://nepalitimes.com/here-now/the-meat-of-the-story">meat processing unit</a>, a bakery, and wine bar he now envisions a vineyard so he can add Nepali wine to his repertoire. Another future plan is to start up an agri-tourism business where customers can drink, eat and work in peace. In the past 20 years in Nepal, Driard has not always succeeded in his ventures but this hasn’t curbed his enthusiasm. He is learning as he goes, and like an old wine, Nepal is growing on him. Its slowness suits his French art de vivre with eating slowly outdoors, having conversation, importing less.&nbsp; “I have proven that with even a little money you can do a lot of things in Nepal,” adds Driard. “In the West, they easily invest half a million euros on a cheese factory, I invested 10 times less.”&nbsp;

Fromage, vin et charcuterie Népalais

Bhuthan भुठान starts with Bishnu Bahadur KC played by <a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/dhuwa-smoke-telefilm,2671">Hari Bansha Acharya</a> on a call, requesting to speak to the visa officer. By this point, he had <a href="https://nepalitimes.com/here-now/nepal-should-now-allow-visa-on-arrival">applied for a visa </a>to Bhutan 10 times, but was denied each time. KC was a <a href="https://nepalitimes.com/here-now/nepal-s-women-excel-in-sports-in-2024-z9ramyct">national football player </a>in Bhutan in 1988 before he and other Nepali-speaking Lhotsampa people were forced out of the country in the 1990s as part of the Druk regime’s ‘One Nation One People’ campaign. Over 100,000 Bhutanese Nepalis were forced out, driven across India and dumped in Nepal where they lived in seven<a href="https://nepalitimes.com/here-now/elderly-left-in-bhutan-refugee-camp"> refugee camps</a> supervised by the United Nations and other charities until they were resettled in the United States, Australia, New Zealand and some European countries starting in 2007. In the fictional movie with the satirical English title The World’s Happiest Man, KC has resettled in the state of Ohio in the US but wishes to visit his home country once before he dies. Between flashbacks, we learn KC has died without having fulfilled his wish. &nbsp; The drama then focuses on KC’s two families from two marriages as they debate whether to cremate him as per <a href="https://archive.nepalitimes.com/article/from-nepali-press/muslim-hindu,2996">Hindu rites </a>or give him a Christian burial. A mediator played by Hollywood actor Bruce Dern urges them to take a firm decision before it is too long.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250430140420_b398a08091b866da2b0b8f6c1e6e26781609749aba896bfd2c68a10a519295c3.jpg" data-media-id="editor_5" data-image-id="20250430140420_b398a08091b866da2b0b8f6c1e6e26781609749aba896bfd2c68a10a519295c3" data-rendition-name="original" width="945" height="945" loading="lazy" alt="Bhutan, the movie"> </figure>  There are drawn out scenes of KC being baptised and when he is confronted by his first wife from Darjeeling played by Anuradha Majumdar, he says he changed his religion in the hope that he will be <a href="https://nepalitimes.com/opinion/comment/bhutan-s-refugees-between-hope-and-despair">allowed back in Bhutan</a>.&nbsp; We find out KC has a second wife, a Christian Nepali played by Puja Chand. Dayahang Rai as the younger son doesn’t have much screen time to flex his acting chops. &nbsp; Acharya competently portrays a man that is equal parts haunted by the memories of and longing for his home country. KC’s pain and loss is acute when he is teaching football to Gungun but between mid-scene, he freezes, perhaps lost in memories of being in Bhutan’s national team. &nbsp; In another scene, KC recalls his mother singing a lullaby in Dzongkha. He also has a box filled with medals, photographs and a football which he deflates with a knife in a powerful depiction of his <a href="https://nepalitimes.com/here-now/searching-for-a-homeland-away-from-home?fb_comment_id=1506516030025634">complicated emotions about his homeland</a>. KC keeps checking his mailbox in the hopes that his <a href="https://archive.nepalitimes.com/news.php?id=4977">visa application</a> has been accepted. He says in Nepali: “If a tree that has already struck roots in one place is shifted to another, it will not survive.”  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250430140420_4a9c27410326489576c04dedf40016bda3825e8f9663317f54fbfec4cbda6d34.jpg" data-media-id="editor_9" data-image-id="20250430140420_4a9c27410326489576c04dedf40016bda3825e8f9663317f54fbfec4cbda6d34" data-rendition-name="original" width="1422" height="2048" loading="lazy" alt="Bhutan, the movie"> </figure>  Dern’s character says that the <a href="https://nepalitimes.com/opinion/comment/nepal-s-transitional-justice-and-the-west-s-recalibration">western world</a> has become “lonely in pursuit of happiness”, another reference to Bhutan’s obsession with its Gross National Happiness index. Scenes shift quickly throughout making the story difficult to follow at times. The use of symbolism is a trite overdone. Nonetheless, भुठान is a nuanced depiction of raw pain and agony of losing one’s homeland. But one cannot help but leave the theatre feeling deflated. KC dies without having visited <a href="https://nepalitimes.com/here-now/small-bhutan-dreams-big">Bhutan</a>, but perhaps he does in his afterlife. It is up to the audience to create its own ending to this sad story of exile. भुठान Mad Monkey Films, 2025 Directed by Binod Paudel 102 minutes In cinemas in Nepal

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