Peace process is nationally-led, nationally-owned

 Kathmandu, Sept. 28

Prime Minister KP Sharma Oli has said that Nepal’s peace process is nationally-led and nationally-owned unique procedure with all political parties from the left and right coming together and the nation concluding the ‘Peace Accord’.

"We are determined to conclude the transitional justice (TJ) process to heal the wounds and scars of the conflict period and help the entire society move forward with a sense of reconciliation, peace and harmony," PM Oli said in his remarks on 'Nepal's Perspective: From Transitional Justice to Climate Justice' in John F. Kennedy Jr. Forum at the Harvard University in the USA on Friday.

On the occasion, he called for support and encouragement from the international community including the partners in the process for effective implementation of the TJ Act. The country is in the final process in concluding the transitional justice.

Stating that the transitional justice is an integral part of Nepal's peace process, PM Oli said, "Although transitional justice has remained on the backburner for several years, it was not forgotten. An attempt has been made to resolve this protracted issue of transitional justice."

Nepal established two transitional justice mechanisms, namely, Truth and Reconciliation Commission (TRC), and Commission on Enforced Disappeared Persons (CEDP) in 2015 although the peace process was initiated in 2006 with the rebel Maoists joining the mainstream politics.

PM Oli informed that the TRC alone has collected nearly 67 thousand complaints from all over the country and even settled some of them. But due to due to the frequent changes in the government, the issue of transitional justice was delayed for some 18 years after signing of the peace Accord.

"Now, my government has been formed in a coalition of major two parties of Nepali politics not only to give stability but also to better deliver to Nepali people. In this context, I am happy to share that immediately after the formation of my government, the transitional justice bill was passed by the parliament with near consensus," he said.

He pledged the determination of the government to to conclude the issue of transitional justice once and for all.

PM Oli also assured that the process of transitional justice will protect victims’ rights and interests, including legal remedies. "It will involve seeking truth, providing reparation, and bringing perpetrators of serious crimes to justice. No blanket amnesty will be given," he said.

Nepal suffered a decade-long armed violence from 1996 to 2006 which resulted in around 17000 deaths of Nepali people.  A Comprehensive Peace Accord was signed between the rebels and the government in 2006.

Following the Accord, Nepal held an election to the constituent assembly in 2008 to write a new constitution. The second constituent assembly, elected in 2013, promulgated a new constitution in 2015, solidifying previous gains made in the field of restructuring and democratizing the state, Prime Minister Oli said.

He also took the opportunity to talk about the climate justice.

According to him, while the whole world is suffering from the impact of climate change, the least developed countries are suffering the most as they do not have resources and technologies to manage adverse impacts of climate change.

"Moreover, while we have just started to make initial steps for economic development, the problem of global warming and climate change has come our way with increased incidence of disasters," he said. "It came to us from the outside world, far from our borders. The cumulative impact of hundreds of years of burning of fossil fuels has largely created these catastrophic problems."

According to him, this is a gross injustice meted out by the advanced industrialised economies with their centuries of exploitation of nature and emissions of greenhouse gas that are largely responsible for the global ecological harms, endangering our very existence.  

Stating that it is entirely rational to call for climate justice, he said that for the people of LDCs, climate justice is plain and simple: those who pollute the environment have to pay proportionately.

Prime Minister Oli said that the developed countries and major economies must take proportionate responsibility to support developing nations for climate actions, through adequate resources and technology transfer. 

 Published in The Rising Nepal daily on 29 September 2024.

UNHRC Chief welcomes passage of TRC Bill

Kathmandu, Aug. 23

UN Human Rights Chief Volker Türk has said that the adoption of new transitional justice legislation in Nepal marks an important step in the nation’s long journey towards accountability and reconciliation.

“Eighteen years since the end of the decade-long conflict, and after several previous attempts to finalise such legislation, victims of human rights violations are now closer to knowing the truth, accessing justice, and obtaining reparations,” Türk said in a statement issued on Thursday.

According to him, this process will also help strengthen guardrails to prevent anything like this from ever happening again.

The amendment bill on the Investigation of Enforced Disappeared Persons, Truth, and Reconciliation Commission Act, which was passed by the National Assembly on Thursday, aims to ensure truth and accountability for serious human rights violations committed by all parties during Nepal’s civil war, read the statement.

The Commission will also oversee mediation and reconciliation efforts, and make recommendations to the Government to provide reparations, relief, and support to the victims and their families.

At least 13,000 people were killed and 1,300 went missing between 1996 and 2006 during the internal conflict between the Royal Nepal Army and the Communist Party of Nepal, he said.

 The UN Human Rights Office documented unlawful killings, enforced disappearances, torture, arbitrary arrests, sexual violence, war crimes and crimes against humanity by both parties. The conflict ended with a peace agreement, in which the parties committed to establishing the truth and ensuring the victims receive both justice and reparations.

“I welcome the adoption of this revised law as an important step forward, even if some provisions leave gaps and ambiguities. It is imperative that the legislation is interpreted and implemented in a manner that upholds victims’ rights, including to truth, justice and reparations and that guarantees accountability in full compliance with international human rights standards," said Türk.

 “It will be essential for the Nepali authorities to ensure the full and meaningful participation of the victims and affected communities at every stage of the process,” he added.

The High Commissioner also called for transparency and inclusivity in the appointment of the new commission’s members, to ensure their independence, impartiality and competence.

“Nepal has become a regional and global example of a successful peaceful transition towards democratic, constitutional, and federal governance,” Türk said. “My Office stands ready to assist the Government and people of Nepal in taking this crucial phase of the peace process forward.”

 “Transitional justice is a powerful instrument to break cycles of violence and impunity, and a unique opportunity to revisit some of the rooted inequalities and discrimination that led to the conflict.”

The House of Representatives passed the TRC Bill on August 14, and the National Assembly endorsed it on Thursday. 

 Published in The Rising Nepal daily on 24 August 2024.        

Govt committed to conclude peace process in line with CPA: FM

Govt briefing to Diplomatic Community

Kathmandu, Feb. 1: The government has said that the present leadership had the capacity and willingness to conclude the remaining work of the peace process with a renewed commitment.

It also urged the representatives of the friendly nations to trust the government commitment, willingness and capacity to close this chapter forever in the spirit of the Comprehensive Peace Accord (CPA).

"If Nepali leadership could resolve unthinkable hardcore political issues to arrive at this stage, there is every reason to believe that the leadership has also the ability and willingness to complete this final leg," said Minister for Foreign Affairs Pradeep Kumar Gyawali at a briefing to Diplomatic Community on Friday.

Mentioning that the government noted that the concerns expressed in certain quarters for the expeditious conclusion of this process, he said that the government believed that the internal matter could be resolved with its own commitment and efforts.

"You all are aware that the peace process has been fundamentally concluded and we remain committed to addressing the remaining component of transitional justice in the best interest of this country and people," said Gyawali.

According to him, the government has made it clear to all stakeholders that there will be no blanket amnesty to serious violations of human rights and it was committed to ensuring that justice is provided to the victims.

But, we want to ensure that the process of reconciliation is smooth and sustainable, the whole process of ‘dealing with the past’ is credible, he said.

The government has urged the friendly nations to walk together with Nepal in order to ensure economic progress in the country.

It asked for their support in the upcoming International Investment Summit slated for 29-30 March this year.

"Nepal needs to modernise agriculture, build infrastructure, tap the energy potentials, promote tourism, develop human resources and generate employment opportunities for our people. For this, we need huge financial resources – both from within and outside the country," said FM Gyawali.

"Investment in productive sectors will be critical to realise our goal of economic transformation. That is why, we are hosting the investment summit in order to invite foreign investors to Nepal. This is the topmost priority for the government."

According to him, only the legal, policy and institutional reforms boost the confidence of the investors and the government was effortful in making visible reforms so that potential investors see the difference when they come to attend the Summit in March.

"We will make all possible efforts to ensure a predictable, secure and attractive investment climate in Nepal," he said.

Gyawali also said that it was in the interest of both Nepal and development partners to make this event a success to contribute to Nepal’s socio-economic development at a faster pace.

"We are effortful to advance ‘economic-orientation’ throughout the country. We strive to achieve socio-economic development and prosperity, building on the dividend of political transformation," he said.

He emphasised that the government and international partners must create a success story together ensuring that valuable resources are best utilised in priority sectors of development and reach the real needy people through established budgetary system.

He said that the mainstay of today’s diplomacy was the pursuit of economic agenda and expressed commitment to strive to promote vital economic interests through activities aimed at attracting more foreign investment in our national priority sectors, expanding country's export trade and promoting tourism, among others.

"We will continue to closely work together with our fellow Member States of SAARC, BIMSTEC, ACD and SCO for achieving regional peace, progress and prosperity. Efforts will be made to revive the stalled SAARC process," he said.

He underscored the need of constructive multilateralism to achieve the collective interests.

Minister for Finance Dr. Yuba Raj Khatiwada updated the diplomats with the policy reforms implemented in the past years and said that the government would ensure the safety of investment and maintain a favourable investment climate.

The briefing, organised to share the Government’s major policies, priorities and diplomatic engagements, was the third of its kind since the present Government was formed about a year ago.

Govt serious about investment safety: PM

Prime Minister KP Sharma Oli has assured the diplomats that the government was serious in protecting foreign investment and ensure a business-friendly environment.

"The government is ready to facilitate the investors in every possible way," he said to the international community in the Capital.

He said that the policy reform process was underway.

Commenting on Nepal's foreign relations, the PM said that Nepal always gave priority to its national interest, while giving equal attention to the sensitivity of the friendly nations.

Published in The Rising Nepal daily on 2 February 2019.

No need to interfare in Nepal's affairs, says Oli

Kathmandu, Jan. 25: Prime Minister K. P. Sharma Oli on Friday objected to the joint-statement of the United Nations and Kathmandu-based diplomats as a product of an unnecessary alliance and asked them not to do so.

"Nepal has completed the peace process, but I was surprised to see the haste of some of the missions and diplomats in Kathmandu. There is no such need to issue a joint-statement on our internal issue," he said, while speaking at a reception organised in Zurich, Switzerland, by the Embassy of Nepal in Geneva.

"Why should any other country make comments about it? Is the conflict management a bad job?" he asked and advised the ambassadors need not form any alliance against Nepal.

Prime Minister Oli said that the war had ended and the conflict was managed. “There could be some wounds yet to be healed, and Nepal was capable to resolve its internal matter.”

He urged all to side with peace and not to scratch the wounds of the conflict but to administer ointment on the bruises. "We expect the same from our friends as well," he said.

The Prime Minister said that the international community had exhibited an ideological bias against the government as it was formed by a communist party that achieved a landslide victory in the elections.

"I would like to tell our foreign friends that some trends come to notice due to their ideological bias. If you put off the ideological lens, you will see that we have achieved extraordinary results. The world can learn from our unique management of the peace process. The country is on the positive path of development," said Prime Minister Oli.

He said that Nepal successfully resolved issues such as the management of Bhutanese refugees and armed conflict.

Likewise, he said that the country had started a new practice, which has its reflections in international forums as well and wanted to tell the world about the government policies, the successes and the roadmap.

The United Nations in Nepal and diplomatic missions of Australia, Germany, European Union, Finland, France, Norway, Switzerland, the United Kingdom and the United States of America in Kathmandu had issued a joint statement on Thursday asking the government to clarify its plans in public to take the transitional justice process forward in 2019.

"Noting the looming expiration of the mandates of the Truth and Reconciliation Commission and the Commission for the Investigation of the Enforced Disappearances, as well as the upcoming fourth anniversary of the 2015 Supreme Court ruling that affirmed certain requirements for transitional justice processes, we encourage the government to clarify to the public its plans to take the transitional justice process forward in 2019," read the statement.

They also said that they 'encourage' the government to engage in broad-based, meaningful consultation with conflict victims, civil society and wider stakeholders that allows space and time to discuss and address issues raised before action is taken and helps shape a course of further action that reflects the will of the people.

The statement came at a time when the tenure of the two commissions was expiring in a couple of weeks.

Earlier on Thursday, Minister for Communication and Information Technology Gokul Prasad Baskota said that the management of the peace process was Nepal's own agenda and no one needed to make any recommendation on it.

"Issues of armed-conflict will be resolved with due attention. The government will follow the rules and procedures to make any decision regarding the peace process management," Baskota said while speaking at the press meet organised to make the cabinet decision public.  He also said that Nepal had succeeded to manage conflict and establish peace in a unique way.

Prime Minister Oli also appreciated the role of the Nepalis and the Swiss community in strengthening the relations between the two countries.

He invited the Swiss business community to invest in Nepal and be a part of Nepal's inclusive and transformative development agenda.

He complained about France and European Union's restrictions on Nepali airlines to fly to Europe.

"Nepali air service is better and more reliable than that of India. International Civil Aviation Organisation (ICAO) report has said that Indian condition in terms of aviation service is poorer than that of Nepal, but India is flying its aircraft to Europe, but Nepal is barred from doing the same," he said.

Prime Minister Oli said that Nepal bought two airbuses from France and the same country did not allow Nepali aircraft to make flights there.

He said that the government would soon talk about the issue with the European countries and the EU. "We should not hesitate to discuss our agenda with any country in the world," he said.

Published in The Rising Nepal daily on 26 January 2019. 

Development and democracy contingent upon peace: PM

Kathmandu, Oc. 2: Prime Minister KP Sharma Oli said that development and democracy were contingent upon peace and in absence of the latter both of them could not prosper.

“Democracy and development are contingent upon peace. Investment in development will crumble and aspirations for democracy will evaporate in the absence of peace,” the Prime Minister said while addressing a ceremony organised at the University of Peace in San Jose of Costa Rica on Monday.

The Prime Minister said that the promulgation of Constitution three years back marked the conclusion of the uniquely successful peace process in Nepal

“Our experience is a testimony of the fact that with requisite political will and sense of accommodation, negotiations and dialogue can resolve conflicts,” he said.

The university conferred an Honorary Doctorate on Prime Minister Oli for his contributions towards establishing peace and resolving conflict.

“Poverty, inequality and backwardness often provide a breeding ground for conflicts. So do intolerance, intimidation and bigotry. Self-centered parochialism and lack of far-sightedness further aggravate the situation. A myopic and selective approach does more harm than good,” he said.

Environmental distress, discrimination, societal discord, deficit of trust and denial of sovereign rights of nations over natural resources also contribute to fueling conflicts, he added.

According to him, peace is not a mere absence of war. Nor should it be understood as suppressed calmness, forced silence and circumscribed tolerance.

Prime Minister Oli said that it was a state of mind, way of living and has much broader dimensions –individual, political, economic, social, and cultural- which are interdependent and mutually reinforcing.

“At individual level, freedom with responsibility towards greater good of society is the foundation of peace. At the political level, meaningful participation in political process and logical power sharing contributes to sustaining peace. A perfect mix of rights and duties fosters an environment conducive to peace,” he said.

Likewise, in economic realm, for ensuring peace, the disparities between haves and haves-not and the condition of extractive economic exploitation should be abolished. Joblessness must be ended. Physical and biological human needs that are basic and justifiable must be met, he said. 

  

He maintained that at socio-cultural level, tolerance and compassion in society and interfaith and civilisational harmony and unity in diversity are the catalyst for peace.

He recalled the United Nations General Assembly deliberations last week and said that no matter where the leaders came from; no matter which countries they represented, they were united in their call for a peaceful planet, shared progress and prosperity of humanity.

According to him, education that inculcates tolerance and compassion, respects diversity and accommodates differences while unleashing the infinite potential of human mind is the answer to the problems the humanity faces today.

Prime Minister Oli said that the small nations like Nepal are doomed to bear the cost of climate degradation.

He said that the ecological balance had been disrupted, and with the temperature rising, glaciers retreating, snow melting and sea level rising, the climate change had accelerated.

“Unfortunately, it is the countries with negligible emissions that are bearing the heavy price of climate change. This is unfair and thus unacceptable. We together have the responsibility to hand over a habitable planet to our future generations,” he said.

He also said that the problems are more interconnected today than ever. They are not confined to the borders of countries and continents. They are not confined to particular race and nation.

 

He pointed towards the need to resurrect and reinvent the rule-based international order, which is inclusive and accommodative of the voices of all countries, no matter how small or big, rich or poor, developed or developing.

Published in The Rising Nepal daily on 3 October 2018. 

'TJ mechanism is not working well'

Kathmandu, Jan. 23: Chiefs of the two transitional justice mechanisms, the Commission on Investigation of Enforced Disappeared Persons (CIEDP) and Truth and Reconciliation Commission (TRC), on Tuesday accepted that there had been no significant progress regarding investigating crimes against humanity committed during the decade-long armed conflict.

The confusion that prevailed about two years ago about recognising ‘enforced disappearance’ or ‘torture’ as a crime has not been cleared as the state has failed to enact the laws related to it.

Article 25 (1) of the Act on the Commission on Investigation of Disappeared Persons and Truth and Reconciliation, 2014, had a provision to punish the perpetrators of crimes against humanity, but there is no legal instrument to execute the punishment provisions.

“Although the law has enabled us to recommend to the government to punish the perpetrators, we are unable to specifically suggest the nature of the punishment due to the legal vacuum,” Lokendra Mallik, Chairperson of the CIEDP, said at a seminar on ‘Role of media in peace building’.

The commissions had forwarded the draft of the bill to the Ministry of Peace and Reconstruction (MoPR) about two years ago, but it couldn’t move further.

Chairman of the TRC Surya Kiran Gurung also said that the government’s inability to enact the laws was the major cause of delay.

The commissions were formed on February 10, 2015.

Former chairman of the Council of Ministers and former Chief Justice Khil Raj Regmi urged the government to be positive in solving the problem.

But Secretary at the MoPR Krishna Raj BC claimed that the government had given priority to conflict resolution. He claimed that the government had recorded the cases of people affected by the conflict, including the families of the disappeared persons, and also provided compensation.

Commissioner of the National Human Rights Commission Mohana Ansari criticised the government for its negligence of the cases related to the conflict victims.

“Accountability of the government to peace and citizens and justice is very slow. The complaints of the victims, registered about one-and-a-half decades ago, are just being resolved. How can you compensate a family after 15 years?” she questioned.

She urged the government to be serious about conflict resolution and provide compensation at the earliest.

The term of the two commissions has been extended again by one year.

Families of disappeared demand respect and justice

Kathmandu, Aug 29: Bhajali Chaudhary of Dang, whose daughter had disappeared, finally made an effigy of her dead daughter to perform her last rites.

She decided to cremate her as per Hindu tradition after the death of her daughter Dhana Kumari was confirmed almost one and half a decade after she was taken away by security personnel.

For the distraught mother, the symbolic last rites of disappeared daughter came as an emotional catharsis. 

Ek Raj Wagle, who lost his son Gopi Krishna, termed Chaudhary family lucky one for she eventually knew about the status of her daughter at least and lamented that hundreds of families like his had been going through a big trauma in search of their kith or kin perished in the decade long violent conflict.

Jamuna Sedhain of Chitwan has been reeling from similar grief. Her husband was forcefully disappeared 15 years ago.

"Give me my husband dead or live," she demands.

Ranga Nath Pandey, whose son was forcefully disappeared from Dhading, said, "My whole family has been waiting to know the whereabouts of him for years. We have no idea how to overcome our pain."

As the world is marking the 'Day of the Disappeared' tomorrow, the families of the disappeared persons in Nepal shared their painful moments and memories at a function in the capital Monday.

Speaking amidst the families of disappeared, civil society members, chair and other representatives of the Commission of Investigation on Enforced Disappeared Persons (CIEDP), government officials, Red Cross and media in Lalitpur, the family of the victims demanded to bring the culprits to book.

They refused to be the subject of mercy and sought for more sensitivity from the government and other stakeholders on the fate of disappeared and their families.

"We are not seeking the government's pity or compensation and we don't want pity from anyone either. We want respect and justice," said Rubi Shrestha from Lalitpur whose brother, husband and brother-in-law were forcefully disappeared.

According to the updated data published by the International Committee of Red Cross and Red Cross (ICRC) and Nepal Red Cross Society (NRCS) approximately 1,335 persons are still missing in Nepal.

Families of 3,237 disappeared persons had informed the ICRC and NRCS about the missing.

President of Nepal Society of Families of the Disappeared and Missing (NEFAD) Ram Kumar Bhandari informed that about 80 per cent of the disappeared males were married and their spouses and children are in a sea of trouble.

"Economic condition of most of those families is pathetic and yet the government is least concerned about their condition," said Bhandari.

He along with other participants expressed dissatisfaction over the slow progress of the CIEDP. The Commission has only five and a half months remaining out of its two years mandate.

CIEDP chair Lokendra Mallik maintained that the Commission was moving in a sluggish way as it almost 13 months of time was wasted in the absence of by-laws.

He also maintained that the CIEDP was facing the shortage of skilled manpower needed to prepare ante-mortem certificate and the laws needed to declare the enforced disappearance and torture as crime are yet to be passed by the parliament.

Confusion prevails as the existing laws do not recognize 'enforced disappearance' and 'torture' as crime.

"There was a delay. But, we are doing fairly well in the recent months. Many things will be clarified after Dashain, the largest Hindu festival that falls on October," Mallik said.

He urged the families of the missing persons for greater cooperation saying that it would help the Commission to speed up the process.

He remarked that the culprits- no matter who are they or which position they hold- would be punished.

ICRC head of mission for Nepal Andre Paquet expressed his solidarity with the families of the disappeared persons.

"The 10-year conflict brought tragedies to so many Nepalese – thousands of people who killed and scores went missing. In that respect, the International Humanitarian law requires the authorities to take all feasible measures to account for the missing persons," he said.

On the occasion, the ICRC and NRCS released the 9^th edition of the 'List of Missing Persons in Nepal', a photo book called 'Commemorating the Missing' and a documentary of 'The Doll's Funeral' – the story of Bhajali Chaudhary.

According to Paquet, the List of Missing Persons aimed at bringing recognition to the families of missing persons while it was an appeal to the government and former parties to the conflict, to clarify the fate, and whenever possible the whereabouts, of those who went missing during the conflict.

The event was organized by the ICRC, NRCS and NEFAD.