<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

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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.

truth-and-reconciliation-commission

The lingering trauma of war

The empty chairs

THE TWO - YEAR ITCH

14 years after conflict, no closure in Nepal

Nepal’s transition to peace needs justice

Nepal and Burma delay, dilute and deny justice