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

The new left-led coalition in Kathmandu could pave the way for progress on finally addressing conflict atrocities, but first the government’s proposed bill in Parliament needs some important changes to ensure justice for victims. Prime Minister Pushpa Kamal Dahal has held several meetings with opposition leader K P Oli of the UML over the past few months because he knew that the bill could not be passed without UML support. Dahal was under pressure from the international community, including from United Nations Secretary-General António Guterres during his visit to Nepal in October to conclude the transitional justice process. On Tuesday, <a href="http://www.hrw.org/asia/nepal">Human Rights Watch (HRW)</a> and the group Advocacy Forum-Nepal released a report that said although the <a href="https://www.hrw.org/asia/nepal">Nepal</a> government’s proposed bill on transitional justice contains positive provisions, but needs ‘significant amendments’. ‘It is widely recognised that a lack of accountability for conflict-era violations has led to a crisis of impunity in Nepal, with police and politicians rarely held accountable for rights violations and corruption,’ the two organisations said in a statement.&nbsp; But they added that the current moment presents the opportunity to amend the draft so that the demands of victims and survivors of the 1996-2006 conflict are met. More than 17,000 Nepalis, mostly civilians, were killed and some 3,288 are still listed as missing. HRW said that the work of rights activists had ensured built public pressure to improve the draft bill, but it still allowed those responsible for serious war crimes and crimes against humanity to not be answerable.&nbsp; The HRW Advocacy Forum report, <a href="https://www.hrw.org/node/387537">Breaking Barriers to Justice: Nepal’s Long Struggle for Accountability, Truth and Reparations</a> analyses the proposed law and reviews some cases where there were obstructions to justice by the Nepali state, which is made up of the former enemies in the conflict.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240306110324_81106a42b6e16cc935bacb7d2315487adc45b250b4b032276a0819db1918818c.jpg" data-media-id="editor_3" data-image-id="20240306110324_81106a42b6e16cc935bacb7d2315487adc45b250b4b032276a0819db1918818c" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="TJ Bill"> </figure>  Survivors of war rape and relatives of victims filed complaints in 62 extrajudicial killings, and the organisations say that the draft does not meet international legal standards, rulings by Nepal’s &nbsp;<a href="https://www.hrw.org/news/2020/05/01/nepal-supreme-courts-decision-reaffirms-need-amend-transitional-justice-law">Supreme Court</a> and demands of victims’ families. “To deliver a durable and rights-respecting process without further delay, Nepal’s leaders should agree to amendments called for by victims and recommended by legal experts, then ask parliament to pass the bill into law,” said <a href="https://www.hrw.org/about/people/meenakshi-ganguly">Meenakshi Ganguly</a>, HRW’s deputy Asia director. "This is a moment of opportunity to deliver the truth, justice, and reparations long sought by victims and help protect the rights of all Nepalis in the future." The conflict ended 18 years ago with the signing of the 2006 Comprehensive Peace Agreement under which mandated setting up a <a href="http://www.trc.gov.np/">Truth and Reconciliation Commission</a> (TRC) and a Commission on the Investigation of Enforced Disappeared Persons (CIEDP). During Secretary-General Guterres’ visit Prime Minister Dahal from the Maoist Centre party promised ‘speedy advancement’ of the peace process. The current bill provides for reparations and interim relief for some victims, including victims of torture and rape, who were left out of earlier relief packages. It guarantees the right of the families of victims of enforced disappearance to their relatives’ property.&nbsp; The TRC and (CIEDP) would investigate war crimes and those classified as ‘serious violations of human rights’ could be referred to and prosecuted in a special court. This includes rape, enforced disappearance, and cruel or inhuman torture, and a yet to be finalised definition of unlawful killing.&nbsp; However, HRW says the bill excludes numerous serious crimes under international law, including some acts of torture and other unlawful killings. It says excluding certain categories of crime risks providing general amnesty to perpetrators, as well as deprive some victims and their families from reparations.&nbsp; “If the transitional justice bill is passed without appropriate amendments, it risks hindering the search for justice,” said Bikash Basnet of Advocacy Forum. “If it is appropriately amended, it can be the basis for a meaningful, nationally-owned process that upholds the rights of victims and benefits all Nepalis by strengthening institutions and the rule of law.” Click here for full report, <a href="https://www.hrw.org/node/387537">Struggle for Accountability, Truth and Reparations</a>

Nepal’s chance on transitional justice

Nepal must ensure that it maintains peace as it works through its <a href="https://nepalitimes.com/opinion/comment/nepal-s-transitional-justice-and-the-west-s-recalibration">transitional justice process</a>, says an expert from Colombia, where violence has not stopped even though an entire legal system was created as part of the South American nation’s 2016 peace agreement.
“The sad part of this story is that we still have war,” judge Caterina Heyck said after a week of workshops and speaking engagements inKathmandu hosted by the International Commission of Jurists (ICJ).
“In Colombia we have a peace agreement, a judicial system, but we lack peace. But in Nepal you are not lacking peace and for me that’s really amazing,” she said. “To be in a taxi in Kathmandu, or to walk on the street at night and to not feel like I might be kidnapped… that peace you should never, ever lose.”
Colombia suffered five decades of conflict with guerrillas of the Revolutionary Armed Forces of Colombia (FARC). As many as 220,000 people were killed, 25,000 disappeared and millions displaced. But FARC splinter groups and other armed outfits still operate in some rural areas, and the current violence is said to be tied to drug trafficking.
“I can’t describe how bad it is to always have war, we are sick and tired of having a war,” added Heyck, whose ex-husband’s three members were kidnapped.&nbsp;
“Even if you ask the victims who suffered the most, more than anything else they want to live in peace,” says the judge, who has written two books on the role of kidnapping during the conflict.
Colombia’s peace agreement included the setting up of a complex court system, the Special Jurisdiction for Peace (SJP), where Heyck is one of the justices. It includes two paths for prosecution: acknowledgement and non-acknowledgement.
Those who admit their acts will receive a ‘restorative sanction’, such as helping to build a bridge or finding and removing landmines. Those who do not receive an ‘alternative’ or ‘ordinary’ prison sentence, depending on whether they finally agree to cooperate.
The position of the perpetrator and the seriousness of the crimes committed are also factored into decision-making about sanctions.
“During peace talks the most difficult point was the design of the judicial system, because it was very obvious that (the top leaders of both the guerrillas and the military) were not going to sign the peace agreement if they were going to go to jail. It was as simple as that,” says Heyck.
In Nepal, where the <a href="https://nepalitimes.com/opinion/transitional-injustice-in-nepal">transitional just process is currently stuck</a>, recent disputes over a transitional justice law have focused on possible amnesty for the Maoists and state-side perpetrators of conflict era atrocities that are considered serious violations of human rights. In fact, it seeks to distinguish between political ‘murder’ and criminal ‘extreme murder’, which activists say renders the whole process meaningless.
A whole generation of young Nepalis has grown up <a href="https://nepalitimes.com/multimedia/delay-dilute-deny">without the knowledge of the decade-long Maoist insurgency</a> that killed at least 17,000 people. It has been 17 years since the Comprehensive Peace Accord was signed in 2006. Families of <a href="https://nepalitimes.com/news/14-years-after-conflict-no-closure-in-nepal">over 1,400 disappeared are still waiting for the truth</a>, and survivors of war crimes have not got justice.
Heyck explains that Colombia complies with international law in that it bans amnesty for those who were most responsible. “But they’re not going to go to jail if they acknowledge the truth, they’re just going to have a restorative sentence,” she says, adding, “it’s too early for us to say that we succeeded. It’s the victims who will say in the future if the system was right or wrong.”
Heyck had in-depth experience in international humanitarian law and working as a legal expert with the Colombian government, including as a peace negotiator, when she was one of 38 judges chosen for the SJP among thousands of applications.&nbsp;
Much of her time is spent poring over legal texts and discussing cases with colleagues, but she most enjoys leaving the office to research incidents involving the country’s Indigenous people.&nbsp;
She has also faced immense pressure, including as one of five justices who had to decide if a former FARC leader, Jesús Santrich, should be sent for trial in the United States or protected under Colombia’s non-extradition law.&nbsp;
“It was very tough, the American embassy was involved, and the attorney general at the time was very close to the ambassador,” Heyck explains.&nbsp;
“We asked for the evidence and the Americans did not send it… in the end, three out of five of us voted to provide him with the guarantee of non-extradition, and he was released.”
Today she feels like the wheels of justice are mired in a legal muck. She says: “We have nine years remaining… I know that it’s too little. We cannot grant justice to the victims if the perpetrator dies. Many are already in their 70s, in their 80s. Time is passing so fast, we must hurry.”
Asked whether a transitional justice process is needed in a country like Nepal, where most people appear to have moved on after the conflict Heyck says: “As a judge, as a lawyer, as a person who has worked for human rights, of course the answer would be yes. You cannot leave justice behind.”
But she cautions: “It has to be another type of justice … if after 60 years a former perpetrator who has been living peacefully is going to go to jail. That’s quite crazy. Which is why I go for restorative justice, not for punitive justice. That is the kind of justice that will bring more peace, that will go farther in terms of reconciliation. Because sometimes justice can stoke hatred, and can re-open wounds. That is not advisable.”
In Nepal, however, the <a href="https://nepalitimes.com/banner/all-is-fair-in-war-and-peace">former guerrilla commander Pushpa Kamal Dahal</a> is now prime minister for the third time and has made insensitive public statements about victims. The transitional justice process is also stuck.

Restorative justice for peace-building

<figure><img width="1000" height="720" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114101124/637209a29c7e80680e0b5553jpeg.jpg" alt=""/><figcaption>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 Royal Nepal Army. Photo: GULIGO JIA.</figcaption></figure>These days, every other day seems like an anniversary of one of the more famous crimes committed during the insurgency years. Today marks 18 years since 14-year-old Maina Sunar was <a href="http://archive.nepalitimes.com/blogs/thebrief/2015/02/17/remembering-maina/">detained and murdered by the Royal Nepal Army</a> in Panchkhal of Kavre District.At the peak of the Maoist War, Maina’s case became a symbol of the human rights violations perpetrated by both sides in the decade-long conflict. Nearly two decades later, her mother Devi is <a href="http://archive.nepalitimes.com/blogs/thebrief/2013/02/16/still-waiting/">still fighting for justice</a> for the extrajudicial killing of her daughter.Unable to access official channels, Devi has written an open letter asking Prime Minister Sher Bahadur Deuba to uphold rule of law and respect the Court’s decision.'My daughter would have been 33 this year. I had many dreams for her, as I am sure you do too about your son. Everything was robbed from me and my family. Although I won’t be able to bring my daughter back, and nothing could repair that loss, I want to see those responsible brought to justice,' the letter reads.Read also: <a href="https://www.nepalitimes.com/latest/nepals-unpunished-war-crimes/">Nepal's unpunished war crimes</a>, Sabita AdhikariShe continues: 'This will give a sense of security and hope, not only to me and my family, but also to hundreds of victims who suffered from similar losses during the armed conflict.'On 17 February 2004, an army patrol looking for Devi detained Maina and her brother for interrogation as a suspected Maoist. Soon after, she disappeared, never to return. Her brother was however sent back. For three years, Sunar’s family kept looking for Maina, having known that she was taken by the soldiers. <img width="400" height="406" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114101124/637209a49c7e80680e0b5554jpeg.jpg" alt="">It was later revealed that Maina was <a href="http://archive.nepalitimes.com/issue/313/FromtheNepaliPress/12418#.Yg5Dse5Bz0s">electrocuted to death</a> on the same night as retribution for her mother Devi’s vocal criticism of the Army’s involvement in the murder of her niece, Reena Rasaili, accused of being a Maoist supporter.Under pressure from international rights groups, the Army set up a <a href="http://archive.nepalitimes.com/news.php?id=9966#.Yg5DxO5Bz0s">court of inquiry</a> to investigate the incident and the accused Colonel Bobby Khatri, Captain Sunil Prasad Adhikari and Amit Pun were sentenced to six months imprisonment, fined Rs50,000 and faced a ban on future promotions.But Devi did not think the punishment was commensurate with the crime and filed a case in the civil court. During this time, with help from the National Human Rights Commission (NHRC) and the United Nations Office of the High Commissioner for Human Rights (UNOHCHR), Maina’s body was exhumed from Panchkhal barracks.On 16 April 2017, after a thirteen-year-long legal battle, the District Court Kavre found three army officers guilty of murdering Maina but they have not been arrested or punished.Read also: <a href="https://www.nepalitimes.com/latest/still-missing-but-not-forgotten/">Still looking for dad missing in Nepa</a>l, Anita BhetwalIn her letter, Devi has questioned the existence of two commissions set up to investigate war crimes, the Disappearance Commission and the <a href="http://archive.nepalitimes.com/article/nation/conflict-victims-fear-TRC-only-serves-interests-of-state,2042">Truth and Reconciliation Commission</a> that have little to show in the way of delivering transitional justice.In fact, successive governments made up of former enemies the state has used the commissions to do their bidding and cover up their war crimes. Moreover, the Supreme Court’s order to amend the Transitional Justice Act mechanism is yet to be implemented.'Dear Prime Minister, I have promised my daughter that unless I bring those perpetrators to justice, I won’t rest. The remains of my daughter are still in the Teaching Hospital, and I am not able to perform her last rituals pending the implementation of the court’s decision,' concludes the letter. 'I am waiting to see your commitment to protecting victims instead of perpetrators and respecting court orders to ensure the rule of law in the country.'Read more: <a href="http://archive.nepalitimes.com/news.php?id=16781#.Yg5HPu5Bz0s">Open Wounds</a>, Mallika Aryal

'She would have been 33 this year'

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114101120/637208639c7e80680e0b54e3jpeg.jpg" alt="" width="1500" height="1189"/><figcaption>Ila Sharma and Hishila Yami in conversation at Indian Embassy, January 2022. Photos: PRATIBHA TULADHAR</figcaption></figure>Last month, a small group of people sat in a hall at the Indian Embassy, listening to two women in conversation around <a href="https://www.nepalitimes.com/review/nepals-maoist-revolution-from-the-inside/" target="_blank" rel="noopener noreferrer">a book by former minister Hisila Yami</a>. What was interesting about this conversation was that it was happening between two women who had  been on opposite sides during Nepal’s Maoist conflict. Hisila Yami, was a former Maoist leader and Ila Sharma, a former election commissioner whose husband was killed by the Maoists.…When snail-mails arrived at my hostel in a hill-town in India in 1996, a friend wrote saying a <a href="https://archive.nepalitimes.com/article/nation/revisiting-maoist-demands,2860" target="_blank" rel="noopener noreferrer">Maoist insurgency</a> had begun in Nepal. Then, while watching the news in the hall one evening, Ms Chakraborty said: You have a Naxalite movement in Nepal, it seems. I looked at her and then at the tv. Naxalite movement? My teenage mind had a difficult time stringing terms 'insurgency' and 'Naxalite'.I had little knowledge of what was going on in Nepal. But every time I came home on vacation, meal time conversations spilled with news about the Maoists. My mornings at home began with parents focusing on the Kantipur daily spread before them, reading bits of news aloud -- much of it about <a href="https://www.nepalitimes.com/latest/nepals-unpunished-war-crimes/" target="_blank" rel="noopener noreferrer">people being killed across Nepal</a>.…Soon after I returned to Kathmandu for good, I received an offer to work at the Indian Embassy’s Press and Information and Culture section. As someone who had just returned with an inflated ego pumped in by convent education, I thought I could take the world by storm. And so, I worked at the embassy as a translator, carefully transcribing news, a lot of which was on <a href="http://archive.nepalitimes.com/article/nation/hospital-destroyed-in-conflict-and-earthquake,2971" target="_blank" rel="noopener noreferrer">Army-Maoist clashes</a>. The work took a toll on me and I quit to go back to studies -- I had become tired of recording death, not knowing then that there was going to be more.…As a broadcaster, I spent endless hours writing and reading news about <a href="https://www.nepalitimes.com/banner/the-scars-of-war/" target="_blank" rel="noopener noreferrer">bombings and ambushes</a>. For a sheltered urbanite, who at that time was doing armchair journalism, the Maoists appeared to be at a great distance.I would only meet Maoist cadres much later at the Gokarna Resort, when covering the Government-Maoist peace talks. (Future rounds would happen in Baluwatar, and reporters would all wait through chilly nights, shivering.) When sharing common space, the mystery and romanticism the 'insurgents' had become shrouded in, based on third-hand information, gradually faded away.…A conversation to mark Women’s Day: on the dias at Nepal Tourism Board are Shahana Pradan, Kalpana Dhamala and other women leaders. I am an trainee reporter, who ends up filing about how women representing different sides of politics were able to share a platform that day. I fiercely disagree with violence, but I still thought the <a href="http://archive.nepalitimes.com/news.php?id=12936#.Yf388i2B2b8" target="_blank" rel="noopener noreferrer">insurgency had given something to some Nepali women</a> -- a voice.…<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114101120/637208669c7e80680e0b54e4jpeg.jpg" alt="" width="1500" height="1125"><figcaption> </figcaption></figure>On a foggy December morning, I sat at the Shaktikhor Camp talking to Maoist deputy commander Uday Bahadur Chalaune. I wrote about how <a href="https://www.nepalitimes.com/from-the-nepali-press/ex-guerrillas-regret-the-war/" target="_blank" rel="noopener noreferrer">Maoist rebels</a> were languishing in the camps, while their leaders who had shed so much blood on their way to power, reigned in newfound glory. During our conversation, Chalaune and the others reiterated their party stand, at times nodding their heads in that familiar way.Eventually, Chalaune and his relatives would choose the golden handshake instead of integration. Was he disillusioned with the long wait? I have often wanted to meet him again and ask him.…In her one-roomed home in Bhaktapur, Sunita Regmi 'Yojana', a former Maoist warrior, offers me tea. She wears a prosthetic after losing a leg during an attack of an army barrack. During our conversation, she tells me she wants their daughter to grow up to have nothing to do with politics. It makes a good quote to end my story with. I have never met the family again, but have hoped that they have been able to educate the child as Yojana had hoped to.…Jelbang is sunny but cold. Everywhere you turn, you meet someone who lost a loved one to the war. In Thabang, a strange coldness seems to have settled over conversations with outsiders. Who do you trust? Something about the neatness of the place makes me want to stay longer, but it also feels too far away from home. Sadness looms in the air, and I think I probably made it up in my head.…Over the years, <a href="https://www.nepalitimes.com/latest/the-lingering-trauma-of-war/">Kiran Chaudhary</a> has become the closest subject to my heart. She awaits justice, years since her <a href="https://archive.nepalitimes.com/article/nation/wartime-rape-victims-of-Kanchanpur-speak-out-wait-for-justice,4222" target="_blank" rel="noopener noreferrer">rape</a>-in-custody by the APF during the war. She comes to Kathmandu once a year to see doctors who are still treating her violated body. Her time in Kathmandu is spent shuttling between hospital and the National Human Rights Commission.…Years on, I have never been able to come to terms with the violence that unfolded during the war. Attending the conversation at the Indian Embassy between women who are a privileged minority -- women like me, who went to schools in India and can read and write English text -- made me wonder what Nepal’s endless political wrangling has really done to propel <a href="https://www.nepalitimes.com/banner/women-leaders-seen-but-not-heard/" target="_blank" rel="noopener noreferrer">women into politics</a>.Sharma, the father of whose children was among the first casualties of the war, said during the conversation that the way forward to a peaceful politics is to make use of the right to vote. In Nepal, a generation of us grew up without an election for the longest time, and I still don’t vote because I have come to believe that an annulled vote is also a vote.During the conversation, Sharma asked Yami how she now feels about <a href="https://www.nepalitimes.com/here-now/from-the-frontlines-of-nepals-war/" target="_blank" rel="noopener noreferrer">the war</a> to which so many people on both sides were lost. Yami paused, sighed, expressed regret and then said history is evidence that revolution always demands sacrifices.I have become stuck in her pause. Watching Ila Sharma and Hisila Yami was to watch a repeat of the reconciliation process. But it made me wonder: is reconciliation even a thing after what has passed?Suburban Tales is a monthly column in Nepali Times based on real people (with some names changed) in Pratibha’s life.

Pratibha Tuladhar

Vignettes from war

<figure><img width="1000" height="716" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410114/6372049d9c7e80680e0b286fjpeg.jpg" alt=""/><figcaption>Image from a series by Chinese photographer Guligo Jia’s exhibition of ‘reunions’ of people with family members they lost in the war projected in the wall behind them. Here, Suman Adhikari is photographed with an old photograph of his father Muktinath Adhikari, himself and his brother. Photo: GULIGO JIA </figcaption></figure>My father Muktinath Adhikari was a science and math teacher at the Panini Sanskrit Secondary School in Duradanda in Lamjung district. I had just got into Grade 8 when my mother became ill.We had to take her to hospital in Kathmandu, carrying her in a doko. My father was so dedicated to his school that he did not come with us. It was not because he did not love her.<a href="http://archive.nepalitimes.com/news.php?id=12522#.YeVp1S8RqLc" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D12522%23.YeVp1S8RqLc&amp;source=gmail&amp;ust=1642512806496000&amp;usg=AOvVaw0lOkM1Nl9In27odcK2tW9V">Both my brothers</a> were studying with me in Kathmandu at the time. One was in college and the other was preparing for his SLC exam. I had gone home to Lamjung for winter holidays with one of them.  <figure><img width="200" height="207" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410114/6372049f9c7e80680e0b2870jpeg.jpg" alt=""><figcaption> </figcaption></figure>My mother had to go through two operations, and I pushed back my return to Kathmandu till 18 January 2002. My sister had also come home for the Maghe Sankranti festival. We were all home on 17 January when my grandfather and his brother came hurriedly to tell us that our father had been taken away by the Maoists.They said he was being taken for “interrogation”.He had been teaching his Grade 10 science class when a gun-wielding militia entered the room, tied a rope around his leg and led him off.We did not know what to do. On the one hand, we reasoned, our father had not done anything wrong, had not harmed anyone, so they would let him go. But we had also heard about Maoist executions and feared the worst.He had told his colleagues as was led away: “You see the situation. Whatever happens to me, manage the school well, do not damage the future of the students.” <figure><img width="1400" height="701" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410114/637204a19c7e80680e0b2871jpeg.jpg" alt=""><figcaption> </figcaption></figure><figure><img width="2070" height="1576" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410114/637204a49c7e80680e0b2872jpeg.jpg" alt=""><figcaption> </figcaption></figure>We had no news till evening. I followed my brother to look for our Dad. When we reached near the school, someone told us the news was not good, and there was no point looking for him. I had an inkling that something terrible had happened and that no one was telling us, and I returned home. My brother came back at 7PM, and told us that <a href="http://archive.nepalitimes.com/news.php?id=17894#.YeVpZS8RqLc" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D17894%23.YeVpZS8RqLc&amp;source=gmail&amp;ust=1642512806496000&amp;usg=AOvVaw2N-_RLEZnLbI0cI4QoiUS2">our father had been killed</a>. They had taken him from the school, past our house, tied his neck to a tree with his muffler, and killed him. My family tried to shield my other brother from the news because he was preparing for his school exam. They did not allow him to even listen to the radio, but he found out anyway from my uncle who had gone to Kathmandu to fetch him. When he got home, the whole family went to the site of the crime. My mother, sister and I could not bear to look. I tried to force myself to at least catch a glimpse, but I could not. The photograph of my father’s <a href="http://archive.nepalitimes.com/news.php?id=16781#.YeVpYi8RqLc" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D16781%23.YeVpYi8RqLc&amp;source=gmail&amp;ust=1642512806496000&amp;usg=AOvVaw0aH2JvgxXsXBuNl3GQVhXh">lifeless body still tied to a tree</a> was on the cover of Himal magazine (pictured right) that week. The editor took a big risk by printing that photograph in the midst of war. Later, the picture was picked up by many other newspapers and spread through social media.Even after 20 years, I get the chills if I see that cover photograph. I cannot describe what my family went through. Our father was the sole source of support for the family. Despite his meagre earnings as a school teacher, he used to help others in the village who were in need. But when it was his family that needed support, no one stepped forward to help.In fact, they tormented us by their silence. No one spoke out. They were too afraid that they would also be killed by the Maoists. Before the murder, my aunt had told my father that many other teachers had fled the village because of threats from the Maoists and he should not put himself in danger. My father had replied: “I have never stolen one paisa from anyone, I have never wished anyone any harm, if I leave the school what will become of the future of my students?” <figure><img width="640" height="867" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410114/637204a79c7e80680e0b2873jpeg.jpg" alt=""><figcaption> </figcaption></figure>It later emerged that the Maoists had asked all teachers to donate 25% of their salary to the revolution. My father stood by his principle that donations should be voluntary, and besides he had to also take care of his family with his salary. He had told the Maoists he would consult the others and give his response, but they did not wait for his answer.We could not even remove the body, or observe funeral rites because of the fear of Maoists. My brothers conducted some rituals at home and returned to Kathmandu.I could not leave my mother alone during such a tragic period, and besides she was not well. I had to discontinue my education, but that was nothing compared to the trauma our family had to go through. We mustered the courage to lodge an FIR at the Lamjung District Police Office. <a href="https://archive.nepalitimes.com/article/nation/Commissions-of-convenience,1530" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://archive.nepalitimes.com/article/nation/Commissions-of-convenience,1530&amp;source=gmail&amp;ust=1642512806496000&amp;usg=AOvVaw2a5uINM9W70AtKb3zZ1Rk0">There are two Commissions</a> to provide justice to the families of the victims of conflict like us, we even went to the National Human Rights Commission.But even after two decades, there has been no justice. The perpetrators were never caught. If this is the condition of such a high profile war crime, imagine what it is like for others who are not as well known. How will the conflict victims in remote parts of the country ever hope for truth and justice?https://www.youtube.com/watch?v=OPK1y8MSMHc&amp;feature=emb_logoThe Commission on Enforced Disappearances and the Truth and Reconciliation Commission are more interested in letting war criminals off the hook than in providing justice. The commissioners are selected on the basis of party wheeling-dealing, and it looks like their sole intention is to protect the perpetrators. And we hear that they want a <a href="https://www.nepalitimes.com/latest/nepal-runs-out-of-excuses-to-address-war-crimes/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-runs-out-of-excuses-to-address-war-crimes/&amp;source=gmail&amp;ust=1642512806497000&amp;usg=AOvVaw12XhhNJcMJn9L4BGusBJzm">blanket amnesty for all war crimes</a> by both sides in the conflict. International norms say that whether a perpetrator of a crime is to be pardoned or not is solely at the discretion of the victim. Still, they address political rallies and blatantly boast that they killed 5,000 people and those who were responsible for conflict-era crimes are walking openly in broad daylight. My father, who had no connection at all to the Maoist insurgency, was killed by them. We lost our father. Nothing will bring him back. If his murderers are not caught there is a danger <a href="https://www.nepalitimes.com/editorial/history-on-replay/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/editorial/history-on-replay/&amp;source=gmail&amp;ust=1642512806497000&amp;usg=AOvVaw1SnZqMPw1s7CMEwi7T7g2L">there will be another conflict</a> like this, and there will be other orphans like us. That is why we are still fighting for justice. I just hope no one in Nepal in future has to bear the kind of physical and mental torture that we did as a family. Twenty years later, my father appears to me in my dreams sometimes. I am so happy to see him alive. But then I wake up, and weep. I wish my dream would never end. Translated from the <a href="https://www.himalkhabar.com/news/127861?fbclid=IwAR32w5E-Totbc63ZAnwgR13Lre3VnPxI8_Vt-uf4e8RFqC6ZncnVTwb6KXQ" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.himalkhabar.com/news/127861?fbclid%3DIwAR32w5E-Totbc63ZAnwgR13Lre3VnPxI8_Vt-uf4e8RFqC6ZncnVTwb6KXQ&amp;source=gmail&amp;ust=1642512806497000&amp;usg=AOvVaw2e4nzefESDuc7Xr6JVIQUS">Nepali original</a> in <a href="http://himalkhabar.com/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://himalkhabar.com/&amp;source=gmail&amp;ust=1642512806497000&amp;usg=AOvVaw0eWk9SdO610RJSKCHi_R-5">himalkhabar.com</a>

Nepal’s unpunished war crimes

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203d59c7e80680e0b282bjpeg.jpg" alt="" width="960" height="640"/><figcaption>Bhakta Bahadur Regmi with Rabin and Rabina in Kathmandu last week speaking about a traumatic tragedy 20 years ago that changed their lives. All photos: MONIKA DEUPALA</figcaption></figure>It was exactly 20 years ago that Rabina Regmi and her brother Rabin were travelling with their parents when their bus was attacked with petrol bombs by Maoists along the East-West Highway in Sarlahi.As the fire spread, the driver lost control and the bus toppled over into a ditch. Rabina, aged 5 and Rabin, 3, and their mother, Anju, were the last to be rescued.All three suffered severe burns, and a video taken at the time shows the two children huddled around their mother, crying and in shock.Anju died after two weeks of pain and agony in a hospital in Raxaul. Rabina had burns all over her face, her hands and stomach. Rabin had burns on his face, a gash on his head, deep cut on his leg and his left hand was broken. Two other passengers also lost their lives in the attack.Read also: <a href="http://archive.nepalitimes.com/news.php?id=2681#.Yd3XUy8w3u1">Rabin and Rabina</a>, Nepali Times<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203d89c7e80680e0b282cjpeg.jpg" alt="" width="500" height="632"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203db9c7e80680e0b282djpeg.jpg" alt="" width="640" height="427"><figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203de9c7e80680e0b282ejpeg.jpg" alt="" width="960" height="640"><figcaption> </figcaption></figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203e19c7e80680e0b282fjpeg.jpg" alt="" width="162" height="462">After Nepali Times reporter <a href="http://archive.nepalitimes.com/news.php?id=4138#.Yd01MmhBxPZ" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D4138%23.Yd01MmhBxPZ&amp;source=gmail&amp;ust=1642003161641000&amp;usg=AOvVaw3xCd8ewhrV9Mu4ia5bOtYQ">Naresh Newar’s story</a> appeared in this newspaper in 2002 (left), the tragedy came to represent the face of a meaningless war, and there was an <a href="http://archive.nepalitimes.com/news.php?id=10418#.Yd01s2hBxPZ" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D10418%23.Yd01s2hBxPZ&amp;source=gmail&amp;ust=1642003161641000&amp;usg=AOvVaw0k9ll2ElmCFl161aiP0SgQ">outpouring of support from readers</a>. Sushma Koirala Memorial Hospital offered <a href="http://archive.nepalitimes.com/news.php?id=4485#.Yd01uGhBxPZ" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D4485%23.Yd01uGhBxPZ&amp;source=gmail&amp;ust=1642003161641000&amp;usg=AOvVaw2vHaXELYbwVRMJ58aPNrLT">reconstructive surgery to the children</a>, and Bright Horizon Children’s Home and School took responsibility for their education till college.“Telling their story was important because there wasn’t enough coverage on how the war was affecting children,” says Naresh Newar. “The Maoist were attacking public spaces without regards to who may be affected from their actions, this story showed the victim’s side of story.”Newar followed up with the family numerous times and is grateful for the positive impact it had for the family. The last time he met them, the siblings were happily settled in at the school.https://www.youtube.com/watch?v=q1fsjRXaEHUThe Regmi family's tragedy and ordeal was depicted in <a href="https://archive.nepalitimes.com/article/nation/Nation-sibling-war-juna-rai,731">A People War</a>, a photo book trilogy curated by Kunda Dixit and featured in Kesang Tseten and Prem BK's documentary <a href="http://archive.nepalitimes.com/blogs/kundadixit/2009/10/27/a-state-of-lawlessness/" target="_blank" rel="noopener noreferrer">Frames of War</a> (clip, above).   Now aged 25 and 23, Rabina and Rabin still bear scars from the tragedy, but are determined to not let their past hold them back. Rabina is a final year BBA student at Global College of Management and wants to get into banking. Rabin is doing his BSc in Agriculture from Chandigarh University. After the campus closed last year due to the pandemic, he in Kathmandu attending online classes.Read also: <a href="http://archive.nepalitimes.com/news.php?id=4138#.Yd3XSS8w3u1" target="_blank" rel="noopener noreferrer">Why the children?</a>, Naresh Newar<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203e39c7e80680e0b2830jpeg.jpg" alt="" width="960" height="640"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203e69c7e80680e0b2831jpeg.jpg" alt="" width="960" height="640">Their father Bhakta Bahadur Regmi is a forest ranger stationed in Hetauda, the same job he had 20 years ago. He is grateful for all the help his children have got over the years from the school, hospital, and others, but says it has been two decades of struggle without their mother.There has been no help from the state. “Everywhere we go, they ask for identification cards proving that we are conflict victims. But we don’t have any papers to prove that,” he says. Even today, he carries a folder of newspaper cuttings and old medical records of his children.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203e99c7e80680e0b2832jpeg.jpg" alt="" width="960" height="640">The Truth and Reconciliation Commission was mandated to provide identification cards to conflict survivors, and inform them about investigations into war crimes. But without political connections, and no time to scour many government offices, Bhakta Bahadur and his family have been left to fend for themselves. The attackers were never identified and did not have to answer for their crime.For the past 20 years, Rabina and Rabin have needed numerous operations to heal their wounds, including reconstructive and orthopedic surgery, laser treatment, even hair transplant. The fees for surgeries are waived or subsidised, but the cost of travel, medicines and hospital stay add up.Read also: <a href="http://archive.nepalitimes.com/news.php?id=12867#.Yd3XRy8w3u1">New life</a>, Naresh Newar<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203ec9c7e80680e0b2833jpeg.jpg" alt="" width="960" height="640">In 2015, when Rabina was getting another of her laser treatments for burn scars, the Indian blockade led to a shortage of medicines. “The doctors had to perform the procedure without anesthesia and it was very painful,” recalls Bhakta Bahadur. Later, her wounds got infected and she had to get it treated again. Rabin has not had laser surgery due to financial constraints.Read also: <a href="http://archive.nepalitimes.com/article/nation/psychological-scars-%20of-maoist-conflict-on-young-survivors-take-longer-to-heal,1519" target="_blank" rel="noopener noreferrer">Post-conflict stress syndrome</a>, Taylor Caldwell<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203f09c7e80680e0b2834jpeg.jpg" alt="" width="161" height="242">At Bright Horizon, the siblings aced their studies. Rabin passed his SEE with a GPA of 3.85, the highest from his batch. Rabina was also a good student, and the school is still helping them with college fees, while their father struggles to cover other costs.The first year Rabina was at the boarding school, <a href="http://archive.nepalitimes.com/news.php?id=12867#.Yd0szmhBxPZ" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D12867%23.Yd0szmhBxPZ&amp;source=gmail&amp;ust=1642003161641000&amp;usg=AOvVaw1HzBsDJ5lqZZQWUUsNOHQp">she ran away</a>. “I did not know anyone there and I missed home,” she says. “But later, it became our home. Both of us made life-long friends there.”<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203f29c7e80680e0b2835jpeg.jpg" alt="" width="161" height="242">Bhakta Bahadur describes Rabina as the calm one. Rabin on the other hand was a mischievous little boy. He says, “Both of them felt at home at Bright Horizon, when I went to pick them up during holidays, they’d refuse to come home saying their mother wasn’t there.”Read also: <a href="http://archive.nepalitimes.com/news.php?id=4485#.Yd3XUS8w3u1" target="_blank" rel="noopener noreferrer">Rabina and Rabin in hospital</a>, Naresh NewarAt school, Rabina made it a point to look out for her brother. Every time Rabin got into fights with his friends, his elder sister would come to his rescue. Today, the two share their hopes and dreams, supporting each other and hope to take care of their father who has sacrificed all to raise them.Weary of the country’s situation, Rabina now wants to go abroad for her MBA. Rabin wants to complete his MSc and then try for the civil exams. “The two of us came to the conclusion that one of us should go abroad and the other should stay back,” says Rabin. “We have seen how much difference having a family member abroad makes for the economic wellbeing of families.”Read also: <a href="http://archive.nepalitimes.com/news.php?id=10418#.Yd3XTy8w3u1" target="_blank" rel="noopener noreferrer">Rs 199,349 for Rabina and Rabin Regmi</a>, Nepali Times<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203f59c7e80680e0b2836jpeg.jpg" alt="" width="363" height="242">Having brought up the children on his own, Bhakta Bahadur still worries about their future. But he is happy the two have become responsible young adults ready to take charge of their own lives.Rabina says with determination, “We have had to depend on our father for so long. Now, we want to look after him, and our family.”Read also: <a href="http://archive.nepalitimes.com/news.php?id=13966#.Yd3XSi8w3u1">Remembering hell</a>, Nepali Times<a href="https://archive.nepalitimes.com/article/nation/burning-in-the-aftermath,3757" target="_blank" rel="noopener noreferrer">Burning in the aftermath</a>, Sahina Shrestha

Sahina Shrestha

The scars of war

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

Toothless Commissions

<figure><img width="640" height="426" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111016118/636d14089c7e80680e0a9958jpeg.jpg" alt=""/><figcaption>Photo: Jan Møller Hansen</figcaption></figure>Nearly an entire generation of Nepali youth has grown up following the Comprehensive Peace Accord (CPA) that was signed on 21 November 2006, and which brought the Maoist insurgency to an end.
The accord marked the entry of the Maoists into democratic politics, effectively ending the war. But thousands of families of those killed, maimed or disappeared still <a href="https://www.nepalitimes.com/banner/12-years-later-justice-is-a-mirage/" target="_blank" rel="noopener noreferrer">wait for truth and justice</a>.
Signed 15 years ago on this day, the CPA pledged to ‘Investigate human rights violations and those involved in crimes against humanity’.
But 14 prime ministers later, the whereabouts of nearly 2,000 people who went missing during the war remains unknown. <a href="https://www.nepalitimes.com/latest/nepal-runs-out-of-excuses-to-address-war-crimes/" target="_blank" rel="noopener noreferrer">Conflict-era survivors</a> of torture, abuse, rape and families of those killed continue to wait for justice all these years later.
“State officials' reluctance to investigate and prosecute such serious crimes has exacerbated the suffering of victims, undermined the rule of law in post-conflict Nepal, and increased the risk of such violations in the future," says Meenakshi Ganguly, South Asia director at Human Rights Watch.
In 2015, the government formed the <a href="https://archive.nepalitimes.com/article/nation/truth-about-truth-commission,3565" target="_blank" rel="noopener noreferrer">Truth and Reconciliation Commission</a> and the Commission to Investigate Enforced Disappearances. Both received more than 60,000 complaints but not a single investigation has been resolved, said four rights organisations in a statement released on the anniversary of the CPA agreement.
Rather, the two commissions are being used as a pretext to prevent cases from moving through the regular courts. 
The current 5-party coalition government includes former enemies in the conflict: the Nepali Congress and the Maoists. Critics have said there is an unspoken agreement between them to delay the transitional justice process since so many of their senior leaders could be considered culpable for war crimes.
It was perhaps to deflect criticism from human rights groups and international watchdogs that Maoist leader Pushpa Kamal Dahal (who was known by his nom de guerre 'Prachanda' during the conflict) issued a statement on 21 November, saying that his party was committed to meet the obligations under the CPA on justice for wartime excesses.
'Although the conflict was brought to an end, the task of investigating events that occurred during the war and to provide victims with transitional justice remains,' Dahal said <a href="https://www.himalkhabar.com/news/126682" target="_blank" rel="noopener noreferrer">in the statement</a>, which was also published in English in The Kathmandu Post on Sunday. 'We are proud of what the revolution achieved, but we will probe and bring out wartime excesses.'
Amnesty International, the International Commission of Jurists, Human Rights Watch and TRIAL International issued a joint press release on Sunday stating that the promises made in the agreement have not yet been fulfilled 15 years later, there has been no progress in providing justice for the <a href="https://www.nepalitimes.com/opinion/nepal-must-reboot-human-rights-rule-of-law/" target="_blank" style="letter-spacing: 0.01em;" rel="noopener noreferrer">crimes and other offenses</a> committed against international law. 
“Nepal's transitional commissions have not been able to achieve anything in the last six years. These commissions have long since lost the trust of the victims,” says Mandira Sharma, Senior International Legal Adviser to the ICJ.
The commissions also drew much criticism for a clause that recommended <a href="https://www.nepalitimes.com/here-now/just-not-justice/" target="_blank" rel="noopener noreferrer">granting amnesty</a> to those that committed serious crimes under international law. After international pressure, the Supreme Court <a href="https://www.nepalitimes.com/latest/rights-groups-laud-nepal-supreme-court-ruling/" target="_blank" rel="noopener noreferrer">issued an order</a> to annul the provision, which the government has since implemented.
The statement from the four international organisations reinforced the Supreme Court's order to amend the law, while urging for timely justice and reparations for the victims. 
<a href="https://www.nepalitimes.com/editorial/rocky-transition-to-justice/" target="_blank" style="background-color: rgb(255, 255, 255); font-size: 15px; letter-spacing: 0.01em;" rel="noopener noreferrer">Nepal’s delayed transitional justice</a> and multiple cases of the perpetrators being set free by the court have diminished its credibility in the world community. In October 2020, the country was <a href="https://www.nepalitimes.com/latest/nepal-elected-to-2nd-term-at-unhrc/" target="_blank" rel="noopener noreferrer">elected to the second term at UNHRC</a> (United Nations Human Rights Council) even as it had failed in fulfilling human rights pledges at home, much to the criticism of activists.
All four organisations have called on the Nepal government to set a clear timeline for a reliable <a href="https://www.nepalitimes.com/latest/14-years-after-conflict-no-closure-in-nepal/" target="_blank" rel="noopener noreferrer">transitional justice process</a> with the needs of the victims at the forefront, to begin meaningful consultations with them and to fulfill their legal obligations.
Adds Meenakshi Ganguly of Human Rights Watch: "If justice is continually denied in Nepal, perpetrators of these international crimes committed during the conflict will be prosecuted abroad under international jurisdiction."

Justice delayed, justice denied

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011110/636ccc489c7e80680e08bc14jpeg.jpg" alt="" width="750" height="452"/><figcaption>A narrow ridge that served as a helipad in Kalikot district back in 2004 when the Maoist War was on its peak. Photo: KUNDA DIXIT</figcaption></figure>Twenty-five years after the Maoist insurgency started on 13 February 1996, journalists who covered that war remember their own experiences reporting on <a href="https://www.nepalitimes.com/editorial/end-of-war-is-not-peace/" target="_blank" rel="noopener noreferrer">the conflict</a>.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011110/636ccc4b9c7e80680e08bc15jpeg.jpg" alt="" width="640" height="467"><figcaption>One of the many ruins left behind by a decade long Maoist War 1996-2006.</figcaption></figure>Shivering with fearWe reached Pandusen of <a href="http://archive.nepalitimes.com/news.php?id=15778#.YCx9Si2B3R0" target="_blank" rel="noopener noreferrer">Bajura district</a> in September 2003. Men were ploughing a terrace with two oxen and sowing wheat. We took out our camera and tripod. But when the men saw us, they fled. Later one of them told us, “We are afraid of strangers. We thought you were soldiers.” He told us the army had come through and killed six people in the village, including Padam Bahadur Shahi.At Padam Bahadur’s house, relatives were in mourning. “He had gone to harvest paddy, he had done nothing wrong, ” his mother Koila told us, weeping. “They brought him here and hit him with rocks.”Padam’s father Gorakh Bahadur said the soldiers even kicked their baby grandson, injuring him. “They led my son away and I followed,” he told us. “They were beating him all the way, his teeth were scattered across the road, he was bleeding.”We climbed up the trail to <a href="http://archive.nepalitimes.com/news.php?id=2027#.YCx9Ty2B3R0" target="_blank" rel="noopener noreferrer">Martadi</a>. Within half-an-hour we were at Ramlal Damai’s house. He had been killed with a bullet in his head, and his relatives were wailing as they removed his body from the house. Further up in the village of Angaupani, we came across a whole village in mourning for six men who had been killed by soldiers the previous day.We reached Kolti airfield where 12 police had recently been killed. Nearby, the army had killed another 10 villagers accusing them of being Maoists. A couple was in shock after their children aged 10 and five were killed after a Maoist pipe bomb they found in the forest exploded. All around us there was nothing but death and destruction.A year later, I went to <a href="http://archive.nepalitimes.com/article/nation/a-battered-future,3218" target="_blank" rel="noopener noreferrer">Kailali</a> and Bardia which had the highest number of disappeared during the <a href="https://www.nepalitimes.com/latest/the-lingering-trauma-of-war/" target="_blank" rel="noopener noreferrer">conflict</a>. Their relatives are still waiting for truth and justice.In war, people take to guns. But ultimately it is the gun that takes people away.Mohan Mainali<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011110/636ccc4e9c7e80680e08bc16jpeg.jpg" alt="" width="640" height="669"><figcaption>A father trying to stop his young son who had decided to join the Maoists. Khotang 2004.</figcaption></figure>Families torn apartIn February 2000, we travelled to the Maoist heartland of <a href="http://archive.nepalitimes.com/news.php?id=12393#.YCx-nC2B3R0" target="_blank" rel="noopener noreferrer">Rolpa</a>, <a href="http://archive.nepalitimes.com/news.php?id=6164#.YCx-vC2B3R0" target="_blank" rel="noopener noreferrer">Rukum</a> and <a href="http://archive.nepalitimes.com/news.php?id=2928#.YCx-yC2B3R0" target="_blank" rel="noopener noreferrer">Jajarkot</a>. Along the way, we noticed police sentry posts located on treetops for safety. The policemen were playing carom with guns slung on their shoulders. We knew we were entering a war zone. In Libang, we visited Maoist prisoners in the <a href="https://archive.nepalitimes.com/article/nation/the-spark-that-lit-the-Maoist-revolution,2870" target="_blank" rel="noopener noreferrer">Rolpa</a> district jail. They spoke about being innocent, framed and tortured by the police. We interviewed a Maoist leader, Lokendra Bista. He told us the revolution was actually in response to state violence, but he said the resolution of the conflict was only possible through dialogue, not through violence.In Khalanga of <a href="http://archive.nepalitimes.com/news.php?id=328#.YCx-ty2B3R0" target="_blank" rel="noopener noreferrer">Rukum</a>, there was also a lot of fear. Many who had been driven out or tortured by the Maoists had fled to the district headquarters for safety. We came across children cooking by themselves. One 11-year-old was kneading dough, but he wept as he told us: “The police killed our father and mother, I feel like drinking the blood from their hearts.”Four years later, we went to eastern Nepal. By this time, the army had joined <a href="http://archive.nepalitimes.com/news.php?id=10616#.YCx-lC2B3R0" target="_blank" rel="noopener noreferrer">the war</a> and Maoist influence had spread throughout the country. One indelible memory of that time was the farewell of a distraught father in Chisapani of Khotang for his ninth grader student son, Kiran Bista.In the video, the father clutches the boy’s legs and does not want to let go. The boy tries to placate his father: “Don’t do this, Dad. My friends all have fathers. We are all going to war, please don’t do this.”A confident speaker, Kiran later told us later on camera: “I am joining out of my own free will because I have understood that we have to fight for our country.”When we got to Mugu, local Maoists detained us for 22 hours. But it was not till we got to Mudbara of Doti that we found out just how badly the war had affected children. The army had attacked a school in September 2004 after they found out the Maoists had gone there to recruit. Six of the Maoists were killed, but so were four students.“I didn’t even know I had been hit, I was unconscious when they took me to hospital,” said one student Dharma Bhurtel. Her mother, Krishna Maya, broke down as she told us of the pain at seeing her only daughter wounded.Bishnu Prasad was hiding inside a classroom with other students, when soldiers kicked the door in and started shooting. He was hit, and paralysed. “I like to go to school, but I cannot walk now.”Teachers were on the frontlines of the war, and nearly 220 of them were killed by both sides. “After the war started, we were caught in the crossfire. Whichever side fires the guns it is us teachers who get killed,” Ram Bahadur Raut principal of the Chisapani Secondary School in Khotang told us then.Dhruba Basnet<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011110/636ccc529c7e80680e08bc17jpeg.jpg" alt="" width="640" height="518"><figcaption>Many Maoist cadre associated carrying guns with being powerful and empowered.</figcaption></figure>Power of the gun<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="http://archive.nepalitimes.com/news.php?id=12319#.YCx_3C2B3R0" target="_blank" rel="noopener noreferrer">Children</a> would follow us everywhere. They were very loyal to the Maoist party. Even 10-year-old <a href="http://archive.nepalitimes.com/news.php?id=13190#.YCx_5i2B3R0" target="_blank" rel="noopener noreferrer">children</a> had been so effectively brainwashed that they would speak in Maoist jargon, saying “When the revolution is successful, we will be also be rich and powerful.” And they believed it.We went to homes, and heard families talk about the fear of both the police and guerrillas. The Maoists had ordered every household to contribute at least one person to attend their revolutionary meetings and listen to speeches. We attended those cultural programs, as well. The Maoists cadre were full of enthusiasm and energy, <a href="https://www.google.com/url?client=internal-element-cse&amp;cx=bead8272edd0f2143&amp;q=https://www.nepalitimes.com/here-now/still-singing-and-dancing/&amp;sa=U&amp;ved=2ahUKEwiYw6ix8O_uAhUy83MBHRiACWYQFjAAegQIBhAC&amp;usg=AOvVaw06kcWD1ctXQGTrve9YQNmE" target="_blank" rel="noopener noreferrer">singing and performing revolutionary dances</a> about the liberation of the proletariat. Villagers watched with interest, but there was fear in their eyes.The armed Maoists looked like they were really empowered. I asked some of them how it felt to be carrying a gun? They used to reply: “I feel powerful, now no one can do anything to me.”Amrita Lamsalhttps://www.youtube.com/watch?v=HzHLTaNnSDo&amp;feature=youtu.beThe smell of fearIn October 2004, we took a <a href="http://archive.nepalitimes.com/news.php?id=1890#.YCybTI8zbAU" target="_blank" rel="noopener noreferrer">helicopter from Surkhet to Kalikot</a>, flying over the mountains of Dailekh and the Karnali River. On the left we could see Kotbada, where a year previously the Royal Nepal Army had <a href="http://archive.nepalitimes.com/blogs/thebrief/2017/02/13/tears-of-joy-and-sorrow-in-kalikot/" target="_blank" rel="noopener noreferrer">killed 36 workers building an airfield</a>, mistaking them to be Maoist guerrillas. We were in the heart of the conflict zone to understand how the war was affecting ordinary people in the Karnali.<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="http://himalaya.socanth.cam.ac.uk/collections/journals/nepalitimes/pdf/Nepali_Times_219.pdf" target="_blank" rel="noopener noreferrer">Kalikot was remote then</a>, as the highway was still being built. At the end of the first day’s walk in Pili, we saw small children slither down from tree tops and scamper off to the village. We found out they were Maoist ‘wholetimers’ on sentry duty.The local Maoists held a village gathering that evening and paraded us on the stage, accusing us of being military spies and “royal mongrels”. The language they used during interrogation that night was straight out of the Khmer Rouge. Two years later, 55 soldiers were killed in a <a href="http://archive.nepalitimes.com/news.php?id=721#.YCyBmi2B3R0" target="_blank" rel="noopener noreferrer">Maoist attack in Pili</a>.Finally let off the next day, we were detained again in Jubitha by 12-13 year-olds with guns. They could not read, and held our press passes upside down. “We are now in the armed struggle phase of our revolution,” said one youngster.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011110/636ccc559c7e80680e08bc18jpeg.jpg" alt="" width="640" height="467"><figcaption>Comrade Mukti in Kalikot in 2004.</figcaption></figure>Along the trail, we passed a group of women guerrillas who gave us red salutes and gripped us in firm handshakes. It was a surprise to see such empowered young women in what was at that time, a part of western Nepal most steeped in patriarchy.As we got closer to <a href="http://archive.nepalitimes.com/article/nation/No-peace,432" target="_blank" rel="noopener noreferrer">Jumla</a> amidst the spectacular scenery of golden terraces of ripening paddy, the blue-green Tila River and the snow-capped Kanjiroba in the distance, there were signs of war damage. Ruins of destroyed homes, charred buildings, empty silent streets. There was no laughter from children, they peered at us from behind upstairs windows, no one talked to strangers. You could smell the fear in the air.Kunda Dixit<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011110/636ccc589c7e80680e08bc19jpeg.jpg" alt="" width="640" height="362"><figcaption>Baburam Tamang, one of the 18 Maoist cadre massacred in Ramechap in 2003.</figcaption></figure>The National Human Rights Commission was sending a team to investigate the <a href="http://archive.nepalitimes.com/news.php?id=4639#.YCylnY8zbAU" target="_blank" rel="noopener noreferrer">massacre of 18 Maoist cadre in Doramba</a> of Ramechhap on 17 August 2003. It included former Chief Justice Krishna Jung Rayamajhi, former Attorney General Bhim Bahadur Bista, forensic physician Harihar Awasti, advocate Hari Phuyal and myself. We reached Doramba 11 days after the killings and found the fresh graves.Local Maoists had gathered at the home of Yubaraj Moktan. The army encircled the house, and those who could, escaped. The others were rounded up, and were led off up towards the Sailung forest with hands tied behind their backs. The army unit was led by Major Ram Mani Pokhrel. Down in the village, people heard calls for help, and then gunshots.The villagers helped us exhume the bodies, and Harihar Awasti went down to examine them one by one. He would dictate the details, which I noted down and shared with Hari Phuyal. The stench of rotting bodies was overpowering. Villagers would recognise the faces, and point to them, saying: “That is Bishnu Maya. That is Lila.” Most had been shot at point blank range in the forehead.A young man handed me a 35mm film roll. We developed it, and found images of the bodies had been thrown over the edge after being killed. And there was a photograph of a local man named <a href="https://archive.nepalitimes.com/news.php?id=18623" target="_blank" rel="noopener noreferrer">Baburam Tamang</a>, the only one without a gunshot in the forehead, but in the arm. It looked like he had bled to death.Villagers told us that night they had heard someone up the mountain call out for help “Ama, ama.” But they were too afraid to go up and check. We think it was a dying Baburam Tamang.The villagers had later buried the bodies, wrapping them in cloth and flag. Nearby was a pile of half-burnt personal effects of those who had been killed. Among them, I found a notepad belonging to Bishnu Maya Thapa Magar, one of those who had been killed.Kanak Mani Dixit

From the frontlines of Nepal’s war

Earlier this month, Nepal received Rs1.6 billion from the World Bank as part of its <a href="https://nepalitimes.com/news/will-nepal-ever-be-paid-for-saving-trees">Forest Carbon Partnership Facility (FCPF)</a>, rewarding the country for increasing its carbon sink capacity. Nepal is the first in South Asia to benefit from this facility, and it is specifically to recompense the country for increasing forest cover in 13 Tarai districts between 2018-2024. “We are also trying to get another Rs13 billion from the facility while also preparing for free market-based carbon trading in the international market,” says Nabaraj Pudasaini of the REDD (Reducing Emissions from Deforestation and Forest Degradation in Developing Countries) Implementation Centre. Big emitters of greenhouse gases are under pressure to reduce their carbon emissions, and many have signed agreements to do so by investing in decarbonisation projects in developing countries. Countries that emit more than a specified amount of carbon would be able to buy emission rights from countries that emit less. Nepal is internationally known for its community forestry program which has been largely credited for <a href="https://nepalitimes.com/banner/tree-mendous">increasing tree cover to over 45%</a> in less than three decades. But this achievement had not been adequately recognised or rewarded internationally before. Forests, especially in the tropics, absorb and store large amounts of carbon while releasing oxygen in a process known as photosynthesis. <a href="https://www.fao.org/forest-resources-assessment/en/">Preventing deforestation</a> and increasing canopy cover is considered a much more achievable goal than reducing emission in the scale necessary to limit global average temperature to 1.5°C above pre-industrial levels. COP11 in Montreal in 2005 first proposed reducing carbon emissions by improving forest quality by halting degradation. By 2015, a new mechanism of financial assistance was created to help less developed countries with sustainable management of forests <a href="https://www.un-redd.org/">(called REDD+)</a>. Under this new mechanism, countries receive aid based on their efforts to prevent forest degradation and increase carbon sink, and in 2021 the World Bank was entrusted with implementing it. Nepal’s FCPF receipt this month was calculated on the basis of 2.4 million tons of carbon stored at a rate of $5 per ton. In the second phase, Nepal will receive more than Rs4 billion within the next year for storing an additional 7 million tons of carbon. Eighty per cent of this amount obtained from carbon trading needs to be spent on local beneficiaries and indigenous communities.&nbsp; But carbon trading is not easy, Nepal needs to prove that protected forests will not be destroyed in future.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241121091132_c8a381c9a95aa86fec558951650d97bb87914741f01766982ba2b086af001f16.jpg" data-media-id="editor_4" data-image-id="20241121091132_c8a381c9a95aa86fec558951650d97bb87914741f01766982ba2b086af001f16" data-rendition-name="original" width="1500" height="999" loading="lazy" alt="Greenbacks for greenery NT "> <figcaption>Photo: KUNDA DIXIT</figcaption> </figure>  Explains carbon trading expert Yugan Manandhar. “Forests should be handed over to the community and shown that they are managed sustainably. Proving this will be particularly challenging; forest encroachment and degradation is rife in the Tarai.” <a href="https://nepalitimes.com/multimedia/nepal-is-going-up-in-smoke">Deliberate forest fires</a> have also added to the challenge because they increase carbon emissions and reduce the sink capacity of forests. The basis for the amount that Nepal received was set five years ago by calculating the carbon reserves of forests in the 13 Tarai districts. In the meantime, sustainable forest management, tree plantation, forest destruction and erosion control were prioritised to increase carbon reserves in those forests. Nepal is signing another carbon trading agreement during the ongoing Baku climate conference. The <a href="https://www.leafcoalition.org/">Lowering Emissions by Accelerating Forest finance (LEAF Coalition) </a>proposes to sell the carbon stored in the forests of Bagmati, Gandaki and Lumbini provinces. For this, Nepal signed the letter of intent three years ago at COP26 in Glasgow. The target is to store 70 million tons of carbon in 32 million hectares of forest in the three provinces per which Nepal will receive Rs13 billion in four years at $10 per ton with provisions to increase the rate if various conditions are met. However, the agreement in itself doesn’t guarantee the amount. According to the targets set by Nepal, forest degradation should be stopped and carbon reserves increased by protecting tree cover. Preparations are also underway for clean air carbon trade because it has offset fossil fuel use by introducing 30,000 electric vehicles. Nepal has been selected for the first round to receive $40 million within one and a half years through the Clean Air System of the World Bank. Given that most of Nepal’s energy mix is from biomass, replacing them with electric stoves can significantly improve health by reducing indoor pollution as well as strengthen the country’s capacity for carbon trade. “Nepal's goal now is to sell carbon in the free market where carbon credits are bought and sold based on supply and demand in an open and transparent manner,” adds Pudasaini of the REDD Implementation Centre. “Nepal can now set its own price and bargain with interested buyer countries and organisations.” Lately, India has been discussing setting up a carbon market. Nepal has exported Rs12.72 billion worth of electricity to India so far this fiscal year, which can be traded under Nepal’s carbon market. “Carbon trading can create significant economic benefits for Nepal, which will help reinvest in development and environmental protection projects,” says Manandhar. “But we must prioritise sustainable management of forests, cutting older trees and allowing regrowth as well as promoting electric stoves and electric vehicles.”

Greenbacks for greenery

Khukri Rum is <a href="http://archive.nepalitimes.com/news.php?id=3719#.WurBk6SFPIU">one of Nepal’s most iconic brands</a>, and is now launching a new Cask Series premium product to sell in Nepal and abroad. The Cask Series Smoked Finish Khukri Rum is a limited edition with only about 7,000 bottles, most of it for export and rest to be sold to rum connoisseurs in Nepal itself. Each bottle is numbered and will mention the cask from which it is derived. “We are working on taking a classic Nepali rum to a new luxury premium brand category, the Cask Series will only be produced this year with new product ranges in future,” explains Subash Lamichhane, managing director of Nepal Distilleries that first started making Khukri rum in 1959 in Balaju and has never stopped. Fermented from molasses in Bara district in the Tarai after the annual sugarcane harvest, the rum is matured for at least eight months during distillation. The distillery bottles the classic Khukri XXX, Coronation Khukri XXX, Khukri White Rum and Khukri Spiced Rum.&nbsp; The distillery is now adding this limited edition of its ‘Cask Series’. While the original rum is stored in huge wooden vats, the rum used for this more exclusive line is in smaller casks made either from oak or sal, with charred insides to give the rum a smoky flavour. The Cask Series rum is indeed smokier than the classic, while the spiced rum tastes toasty and mostly of cardamom. The company has a tasting suite with a master blender and tasters who have to approve the palate test.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241122131124_10b8ddca93b37b0348bf964b4f09e7fac6ef4e754cca6231368850539cd558e2.jpg" data-media-id="editor_1" data-image-id="20241122131124_10b8ddca93b37b0348bf964b4f09e7fac6ef4e754cca6231368850539cd558e2" data-rendition-name="original" width="1498" height="1000" loading="lazy" alt="Khukri Rum"> </figure>  The packaging for the Cask Series is as special as the process. A sturdy patterned box that opens up to a black glass bottle with gold lettering, and an indication of which cask the rum is from. These are then shipped to premium customers around the world One of the reasons this is the more expensive premium line is because the casks are smaller than the vats and the blenders reject more than half of the rum in the casks when the aging period is complete. The trick for the blender is also to decide when to take the run out of the cask.&nbsp; Says Lamichhane: “If we have 25 casks, we expect to throw away about fifteen.”Over the decades, Nepal Distilleries have created and maintained a brand that feels quintessentially Nepali, and has served as Nepal’s ‘ambassador’ with exports to Germany, Korea, Belgium, Finland, the Czech Republic, besides the existing markets among Nepalis in the US, UK, Hong Kong and Australia. &nbsp;Its unique <a href="https://nepalitimes.com/here-now/khukri-rum-sharpens-its-act">khukri shaped bottle</a> first introduced for King Birendra’s coronation in 1975 has been a collector’s item. The bottle and rum have been a staple for Nepalis and visitors to take as gifts when they leave the country, and is used as decoration on bar tables around the world. Now, nearly 40 years later, even that bottle will soon be getting a makeover with a sharper design and sleeker handle. “Our bottle design has always been instantly recognisable, and it is,” says Lamichhane. The Himalayan restaurant at The Hague, for example, has a Khukri Coronation bottle adorning its bar (page 6-7). In Washington DC Himalayan Heritage Restaurant &amp; Bar offers ‘Nepalese Khukri Rum’ mojito in its drinks menu with fresh mint, soda water, lime juice and sugar syrup, for $12.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241122131124_b9474db3fc83c85845348dddc30c49652ee1f17229531867fa241de50849cedc.jpg" data-media-id="editor_3" data-image-id="20241122131124_b9474db3fc83c85845348dddc30c49652ee1f17229531867fa241de50849cedc" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="Khukri Rum NT"> <figcaption>Christopher Armes, master blender of the Cask Series.</figcaption> </figure>  A distinct element of the award-winning <a href="https://nepalitimes.com/business/khukri-rum-gets-award">classic Khukri rum</a> is its burgundy colour from caramel sourced from cooking sugar and blended with the raw rum. The spirits are then stored in a warehouse with floor-to-ceiling vats. The vats are not just for storage, the wood in the vats imparts flavour into the rum, and removes a lot of the harshness. &nbsp; On a visit this week, the bottling room was just about to begin for the day and the production line was churning out different shapes and sizes of Khukri Rum bottles. Most of the process is automated, including screwing bottle caps, sticking labels, placing the government seal, and packaging. The only manual intervention is the quality control where bottles are held against the light to check for sediment and colour. A mural on the wall of the distillery in Balaju depicts the rum-making process. A lady slings sugarcane on her shoulder, the molasses is churned in a pot, water is channelled into the distillation process, cinnamon, cloves and cardamom are added to a container, and finally there is a bottle of the classic Khukri Rum against a Kathmandu backdrop.

Khukri goes premium with new rum

Turkish Airlines has introduced a new amenity kit collection designed in collaboration with French fashion house Lanvin for international business class passengers on flights more than five hours. It consists of five pieces designed for sustainability and elegance. Bags are reusable and will consist of Lanvin cosmetic products like hand and body lotions and lip balm. Eye masks and socks are made from recycled materials, earplugs are packaged in paper and the toothbrush is bamboo.

Turkish amenity kit

Nepal now generates a surplus of electricity and it is all from renewable hydropower. Nearly half the country is under forest cover. Despite meeting these decarbonisation goals, Nepal’s hydropower plants are threatened by increased risk due to climate impact.&nbsp; Till <a href="https://nepalitimes.com/editorial/when-it-rains-it-pours-ksqprbu3">28 September</a>, Nepal was <a href="https://nepalitimes.com/news/india-nepal-sign-power-exchange-deal">exporting just over 1,000MW</a> of electricity to power-hungry India, when flash floods and landslides unleashed by historically heavy rains damaged over 30 hydropower plants across the country, temporarily <a href="https://nepalitimes.com/news/power-to-the-people">slashing nearly half the power generation.</a> The 456MW Upper Tamakosi in Dolakha was the hardest hit and it will take six months and Rs2 billion to repair. This has significantly reduced exports as well as domestic generation. Two months later, Nepal has still not been unable to fully keep its export commitment, and is actually paying Rs100 million in fines to India. Thirty-seven existing and under construction projects under the Independent Power Producers' Association Nepal (IPPAN) suffered Rs2.5 billion in damage. One of them is the 22MW Bagmati project in Makwanpur which was almost completely buried in flood debris. Even before <a href="https://nepalitimes.com/news/60-dead-64-missing-in-nepal-floods">record-breaking rain in September</a>, 15 other hydropower projects had been damaged by floods. Last year, floods caused by heavy localised rain damaged 28 hydropower plants. World governments met in Baku for COP29 to discuss the Loss &amp; Damage Fund and the Adaptation Fund, but for countries like Nepal the commas and brackets are meaningless until they are turned into $ and €. And likelihood of adequate compensation for climate-related damage is a long way off, if ever. Nepal’s national strategy is to use its vast hydropower resource as clean energy to spur economic growth, job creation, and boost export revenue. But the plants are located in narrow Himalayan valleys prone to landslides and floods even at the best of times. Now, those <a href="https://nepalitimes.com/opinion/comment/changing-climate-for-investment-in-nepal">risks have been heightened by weather extremes</a> due to climate breakdown. At present, Nepal generates over 3,300MW of clean hydropower, and the target is to reach 12,700MW in the next five years. Projects equivalent to 6,000MW are under construction or ready to start. The Ministry of Energy, Water Resources and Irrigation has an Energy Development Roadmap and Action Plan with the target of producing 28,500MW by 2035 by when more than half of it will be exported.&nbsp; “The climate crisis will further change the rainfall patterns making hydropower generation a big question mark in the future,” Manjeet Dhakal in Baku, who is also the Nepali adviser to the LDC Chair at the United Nations Framework Convention on Climate Change (UNFCCC). “We are building hydropower projects on rivers without evaluating risk. This whole process needs to be reviewed and reconsidered.” The report of the National Adaptation Plan published by the Ministry of Forest and Environment last year mentions that hydropower production, transmission and distribution will be at risk from flash floods, debris flows, glacial lake outbursts and rising temperatures.&nbsp; This risk is not confined to Nepal. Average global temperatures have increased by 1.3°C compared to the pre-industrial era. Worse, the Himalayan mountains are warming faster than the global average by 0.7°C because of elevation-dependent warming. A study conducted by our own Department of Hydrology and Meteorology in 2017 showed that the average temperature in Nepal has increased in the last four decades. Scientists say this is leading to extreme weather unleashing floods and landslides on slopes already destabilized by seismicity.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241124071128_d22901a360e8958f606d80ffa21defba05a671f65afec65539dc21a6885d8345.jpg" data-media-id="editor_5" data-image-id="20241124071128_d22901a360e8958f606d80ffa21defba05a671f65afec65539dc21a6885d8345" data-rendition-name="original" width="1333" height="1000" loading="lazy" alt="Right climate for Nepal’s energy transition NT"> <figcaption>BIBLICAL RAIN: Photo taken during catastrophic rain on 27-28 September at the Upper Tamakosi project site that destroyed the control room, killing four staff and burying the sedimentation tanks. Photo: RSS</figcaption> </figure>  Increased atmospheric temperatures has made the monsoon rains more erratic. It does not rain when it is supposed to, and it comes down in torrents when it is not supposed to. The September floods happened two weeks after the monsoon was supposed to retreat from central Nepal. Kathmandu Valley received half its annual precipitation in just over a day. &nbsp; Winter precipitation has also failed, especially in the high mountains and trans-Himalayan valleys. Thirteen of the past 19 years experienced winter drought. This impacts on dry season flows of the rivers, reducing hydropower generation. Nepal’s power capacity normally goes down by one-fourth during winter, but the gap is widening. The Kabeli corridor could only generate 20MW November-March even though plants there have an installed capacity of 200MW. Similarly, Upper Tamakosi only produced 65MW at most against its 456MW capacity last winter. The Nepal Electricity Authority (NEA) pays producers double the price for winter electricity, Rs8.40 per unit. Even though winter operation is highly profitable the rivers run low and NEA has to import from India to meet the winter demand. “This is not just a weather problem but a serious challenge also for the country's energy future, good climate-friendly design should be combined with policy and effective implementation,” says Subarna Das Shrestha, a hydropower investor and CEO of Sanima Mai Hydropower. “Insurance premiums have gone up as well, and settlement for damage is not timely.” <a href="https://nepalitimes.com/opinion/climate-risk-to-hydropower-investment">Hydropower investment</a> at one time was regarded as having a high rate of return. Now, some investors have become <a href="https://nepalitimes.com/banner/climate-smarter-himalayan-infrastructure">wary of the risks involved</a>. Says IPPAN’s Uttam Blon Lama: “Hydropower projects expected to give stable returns are now looking risky. Not only is climate adaptation design and planning expensive, but future repair and maintenance costs will also skyrocket.” Nepal has only one storage type dam <a href="https://nepalitimes.com/multimedia/rivers-be-dammed">in Kulekhani</a> and another one is being built in <a href="https://nepalitimes.com/multimedia/missing-pieces-of-the-hydropower-jigsaw">Tanahu</a>, but they are also at risk. In September, the sluice gates of Kulekhani Dam had to be opened causing loss of life and destruction downstream. Nepal has to learn lessons from the deadly collapse of the $1 billion <a href="https://nepalitimes.com/news/sikkim-flood-is-warning-to-nepal">Chungthang Dam in Sikkim</a> in October 2023 cause by a glacial lake burst. Glacial Lake Outburst Floods (GLOFs) in Nepal pose potentially catastrophic risk to infrastructure. The <a href="https://nepalitimes.com/here-now/lives-on-the-line-in-the-himalaya">Thame flood in August</a> was a relatively minor debris flow that damaged half of this village in the Everest region when <a href="https://nepalitimes.com/news/climate-breakdown-linked-to-thame-flood">two glacial lakes at 4,760m burst</a>. Luckily there was no loss of life. Of the <a href="https://nepalitimes.com/here-now/lives-on-the-line-in-the-himalaya">47 high-risk glacial lakes</a> in the eastern Nepal Himalaya, 21 are in Nepal and the rest are in rivers in China that are tributaries of the Arun and Bhote Kosi where Nepal has major hydropower plants under construction, or planned.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241123021128_b596cd8520c57a6c5476031e7a3ea6510f26b464c4d5351d2bc10f6f7d6b70d8.jpg" data-media-id="editor_14" data-image-id="20241123021128_b596cd8520c57a6c5476031e7a3ea6510f26b464c4d5351d2bc10f6f7d6b70d8" data-rendition-name="original" width="871" height="648" loading="lazy" alt="Page 10-11 map #1236 NT"> </figure>  Global temperature rise is accelerating the melting of Himalayan snow and ice, increasing the <a href="https://nepalitimes.com/here-now/living-below-nepal-s-melting-mountains">number and size of glacial lakes</a> so that we do not even have names for them. Imja Tso did not even exist in the old trekking maps until 25 years ago, but is now a 2km long lake. “Natural moraine dams in the mountains are weak, and the projects downstream can face major destruction if they burst, and the risk will only increase in future,” warns climatologist Arun Bhakta Shrestha at the <a href="https://www.icimod.org/">International Centre for Integrated Mountain Development (ICIMOD)</a>. <a href="https://nepalitimes.com/here-now/terrifying-assessment-of-a-himalayan-melting">An ICIMOD assessment in 2019</a> projected that if present heating trends continue, as they probably will, the Himalaya will lose two-thirds of our glaciers by the end of this century. “Generally speaking, hydropower developers hand over the project to the government after 30 years but by that time given the climate risks, they may not be an asset anymore,” says Manjeet Dhakal. Indeed, the cascade of expensive projects India is building on the Arun River are supposed to be handed back to Nepal in 25 years, but there is a big ‘if’ about whether they will survive that long. &nbsp;&nbsp; Planning of hydropower projects is still based on historical hydrological data, and does not take into account future temperature rise and its consequences. Investors, on the other hand, say that planning hydropower projects with climate components would make them even more expensive.&nbsp; “It’s not that we aren’t preparing for climate risk, we design keeping in mind the once-in-100-year flood,” says Blon of IPPAN. “But if we start designing based on once in 1,000 years flood, the cost would be so high that we won’t be able to build them at all.” Nonetheless, Subarna Das Shrestha of Sanima Mai Hydropower says that there is no option but to go for climate smart infrastructure despite the higher cost. Sanima Mai's powerhouse, for example, is completely underground. The strategy could also be to spread the risk by building less expensive plants located on rivers all over the country. Nepal is also diversifying away from its sole reliance on hydroelectricity, which at present supplies 92% of the power in the grid. Most of the rest comes from solar plants, where the total potential has not even been scratched. &nbsp; This article is brought to you by <a href="https://nepalitimes.com/" target="_blank">Nepali Times</a>, in collaboration with <a href="https://inpsjapan.com/en/" target="_blank">INPS Japan</a> and <a href="https://sgi-peace.org/" target="_blank">Soka Gakkai International</a>, in consultative status with UN ECOSOC.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240630110640_30c3782f9c09219bf1c249b51483a3cfb7a53a06d117d2aebd23ca7080d12758.jpg" data-media-id="editor_21" data-image-id="20240630110640_30c3782f9c09219bf1c249b51483a3cfb7a53a06d117d2aebd23ca7080d12758" data-rendition-name="original" width="680" height="103" loading="lazy" alt="SDG logo"> </figure>  &nbsp;