The Challenges and Opportunities for Peace
and Justice in Nepal
Invest in Peace-For Everyone, Everywhere,
Every Day,
Govind Prasad Thapa, PhD
Additional IGP (Retd), Nepal Police
Introduction
Peace is often misunderstood as simply the absence of
war. In reality, it is the foundation for human dignity, cooperation, and
sustainable development. Without the peace, societies struggle to address
poverty, inequality, and climate change. The peace ensures that children can
attend school safely, communities can thrive economically, and individuals can
live without fear of discrimination or violence. Nepali people feel proud of
having over one hundred different ethnic groups living together with over a
hundred languages and cultures, and most of the world’s highest mountains;
sadly, Nepal’s history is replete with treason, rebellions, bloodshed, and
scandals.
The most dreadful bloodshed in the past were Bhandarkhal
Parba, Kot Parba, and Alau Parba, amongst many others. The last
instances of bloodshed were the Maoist insurgency and the murder of King
Birendra Bir Bikram Shah and his family members. The intra-ethnic hostilities
among the different indigenous ethnic people and other castes, like Hindu,
Muslim, Sikh, Aadibasi, and Janjati, are illustrations of the threats to peace
and harmony in Nepal.
Nepal is ranked as one of the world’s poorest
countries. Nepali people are dealing with the problems of societal
discrimination, violence due to marginalization, and gender issues marked by
human rights violations. The worsening political, justice, and economic status
of the country is shattering the spirits of the peace-loving Nepali people. The
untamed poverty, job scarcity, high taxes, inflation, food and water scarcity,
including systemic corruption, rising impunity to politicians and their
henchmen for their crimes, ever-rising human rights violations, and failures of
the governments to address these social criminalities are stark examples of
challenges and problems for durable peace and justice in Nepal.
The Past Tragedies
Maoists started protests for political renovation with
40-point socio-economic, political, and cultural demands. Of the 40-point demands,
seven were related to nationalism, 13 were political, 13 were economic, and
seven were socio-cultural. Among them, five demands, viz, ethnic autonomy,
devolution, secular state, end of ethnic oppression, and equality of languages,
had aligned with the Adibasi and Janjati agendas. The
government had turned a deaf ear towards those demands. As a result, the armed
conflict began on 13 February 1996, when the CPN (Maoist) initiated
an insurgency with the stated purpose of overthrowing the Nepalese monarchy and
establishing a people’s republic. It ended with the signing of the
Comprehensive Peace Accord on 21 November 2006. Consecutively, parliament
proclaimed Nepal to be a federal democratic republic, ending the 240-year-old
Hindu monarchy.
The execution of the CPA has been stalled without any
efforts to date. The victims of the civil war continue to suffer without any
justice. This writer’s house was bombed in Butwal without any compensation so
far. It is interesting that Puspa Kamal Dahal (Prachanda) is now heading the
government and has forgotten all those demands made by his party. The immediate
priorities should have been the prosecution of the most serious crimes, the
investigation of disappearances, and action to vet state and Maoist security
force members. It appears now that no political party is raising demands for
these humanitarian issues. Nepal has indeed failed to address the systematic
crimes committed during Nepal’s ten-year civil war. There has not been a single
prosecution in civilian courts for any abuses on the part of Maoists or
security forces. Now the impunity is threatening the peace of the country again.
The Present State
The poor public security, the naturalization of
violence as a political tool, the inability of watchdog institutions to monitor
effectively, and the failure of the government to take legal action have all
contributed to growing impunity. The cultures of impunity that enabled the
crimes in the first place have remained intact, further increasing public
distrust and incentives to resort to violence. The impunity of the politicians
and their henchmen, the public distrust of the politicians, and the instability
of the governments are some of the challenges and problems of peace and justice
in Nepal. It appears, now, that the root cause of the Maoist conflict in Nepal
had been the lust for power only. Even ancient history details the most
barbaric facts of an insidious tug-of-war for political power.
Today, social discrimination, exclusion, and marginalization,
besides poverty, unemployment, and illiteracy, are the primary causes of
suffering of Nepali people. Women and marginalized ethnic communities, Dalits, Muslims,
and other minorities have been worst hit by the current political, social, and
economic situations. Social conflicts are provoked by different religions and
cultures, different languages, socio-economic reasons, unfair access to
resources, and contradictions between society and government structures. Women
are particularly susceptible to poverty and suffering, as well as experiencing
direct physical violence. The failure of the government to solve its
multi-dimensional problems is like boiling lava–unsure of its time, but sure to
explode one day.
Opportunities for Peace and Justice in
Nepal
We have seen some changes in the state structure and
system. However, the fact is that we have not been able to change the character
and mindset of the ruling party. It is evident through the caste
discrimination, exclusion, injustice, and atrocities on Dalits and other minor
ethnic groups of Nepal. This kind of mindset has been responsible for igniting
violence in Nepal in the past. The latest example of the Koshi Pradesh
incident of protest for the naming of the province with the spirit of identity
was met with stern state reactions. Consequently, one person was killed in the
event of protest. The problems have not been solved but have been exacerbated.
Unfortunately, the violent incident was repeated in Sunsari district a
few weeks ago.
Successful peacebuilding activities create an
environment supportive of self-sustaining, durable peace; reconcile opponents;
prevent conflict from restarting; integrate civil society; create rule of law
mechanisms; and address underlying structural and societal issues. Inclusivity
in the political structure supports the integrative aspect. Inequity,
exclusion, and marginalization foster insecurity and conflict. Excessive
inequality and weak institutions may be the motive for crime, violence,
political instability, and conflicts.
We have witnessed the Madhesi agitation due to the
unequal treatment of the people. In a country hosting multiethnic people and
religions, the chances of erupting conflicts are high. Social inclusion in
Nepal has become an agenda for state transformation. It is an accepted norm
that there should be a contest among social groups for power-sharing, but there
should not be systemic coercion, exclusion, marginalization, or hatred towards
any race or ethnic group. Inclusion, respect for identity, and representation
are essential elements for avoiding conflicts and fostering long-term peace.
After the war, the
government established the Ministry of Peace and
Reconstruction (MoPR) with a
mandate to manage the peace process, including setting up peace mechanisms at
both national and local levels. To support the MoPR, the government and donors
established the Nepal Peace Trust Fund (NPTF) in January 2008. Alas! It did not
have enough spirit to perform. The peace supporter Bishnu Sapkota has rightly
commented, “One of the key weaknesses of Nepal’s peace structures is that they
have often lacked a coherent approach for effective coordination. The absence
of political will to create the National
Peace and Rehabilitation Commission (NPRC) was a significant blow to the entire process since it
undermined the role of the Local Peace Committees. The NPRC should have been a
neutral and, hence, legitimate body to monitor the CPA, and even interpret it,
if required. An inclusive Consultative Committee comprising political and civil
society actors that had been formed to advise the MoPR also succumbed to
political affiliation and was rendered similarly ineffective.”1
What next steps for Nepal?
Nepal needs to concentrate on some important steps to
prevent and neutralize conflicts in the days to come by addressing past
inhumane activities. The following steps could be helpful to prevent and
mitigate conflicts in society.
Implementation of Comprehensive Peace
Agreement
The lack of interest in monitoring, non-implementation
of the provisions of the Comprehensive Peace Agreement, non-execution of the agreements
signed, failure in law and order situations, and indifference towards owning
the peace process are the major weaknesses of the government.
Institutionalizing peace and democracy through the meaningful conclusions of
the peace process is still the call of the people and time.
Maintain Social Harmony
In a state where it is characterized by ‘Unity in Diversity’
because multiple religions and cultures are practiced, social harmony must
be maintained in the society for peace and development. Often, the spirit of
the Constitution is shattered at the public level. We have seen numerous people
killed during Hindu-Muslim riots in Rauthat, Nepalgunj, and Kapilvastu over the
issues of politics and religious practices. Such behavior of the public will
ruin the atmosphere of coexistence and thus mar the unity and stability in
society.
For social justice in a diverse society, the
government should work with the spirit of the Constitution. Peace and justice
can be obtained through combined efforts to improve the economic, social, and
political status of all the castes and ethnic groups of Nepal. Justice and
peace encourage individual and collective action by citizens as actors in
society for the promotion of peace and justice in the world. It seeks to
strengthen citizen responsibility and participation, both locally and globally.
End the Persistent Impunity
The crimes and human rights violations must be
addressed to re-establish justice, public security, and law and order. This is
a time for all political parties to show that they have the political will to
bring justice to those responsible for human rights violations, and not
intervene in the investigations as they are accustomed to, and protect their
supporters. The political leaders and their henchmen are enjoying impunity. It
should be stopped, and the rule of law should prevail. The crimes and human
rights violations must be addressed to re-establish justice, public security,
and law and order.
Education on Peace and Justice
Peace and justice are inseparable from social and
economic growth. Currently, peace education remains marginalized in our
education system; however, a united front can be formed, and powerful paradigms
can empower educators to play a critical role in peacebuilding through
scholarship, practice, and activism. Indeed, educators around the world are
developing effective strategies to transform education into a powerful force
for global peace.
Monitoring the Conflicts
Just because a solution has been identified and
addressed doesn’t mean the conflicts will just go away. Regular follow-up is
necessary. If the solution didn’t work or wasn’t the right resolution for the
situation, make sure to be proactive in working with both parties to readjust
expectations, identify alternative solutions, and continue their dialogue to
create a positive and healthy work environment. Charles F. Dambach points out,
“the growing pressure from expanding and migrating populations, as well as
dramatic changes in climates and shrinking access to water, could trigger new
waves of violence on a global scale. We must find ways to resolve these
conflicts at the negotiating table. If not, the battlefields could expand, and
death and destruction may become catastrophic.”2
Conclusion
The long transition from monarchy to federalism has
yet to yield stable and cohesive governance with broad-based public support.
The safety, security, and prosperity of all should be protected. The failure to
adhere to the basic norms of democracy and non-violent conflict resolution
continues to encourage hostility. The persistent lack of political stability
and intermittent outbreaks of substantial violence have attracted the concern
and attention of the international community. The increasing economic and
scientific cooperation between the systems has an important role to play in
this respect. To create the conditions for lasting peace, hostile class
structures have to be stopped. The present National Security Council should not
only concentrate on
physical security but also devote full-time research to geopolitics, security
from terrorism, social crime, economic security, energy security, environmental
security, food security, water, cyber-security, and the governance of security
agencies, etc.
References:
1. Bishnu Sapkota comes from his article “Architecture of peace in
Nepal” published in Accord Issue 26 (March 2017) by Conciliation
Resources.
2. Charles F. “Chic” Dambach’s memoir Exhaust the Limits: The Life
and Times of a Global Peacebuilder, published by Apprentice House at Loyola
University Maryland.
