Nepal Comprehensive Peace Agreement

1
NepalComprehensive Peace Agreement PROSPECTS
FOR TRANSITIONAL JUSTICE

• Conference on Democracy, Development Peace in
  Asia
• 10-12 November, 2008, Kathmandu, Nepal
• Gopal Krishna Siwakoti, PhD
• President
• INHURED International

2
GENESIS OF ARMED CONFLICT IN NEPAL

• Armed insurgency spearheaded by CPN (Maoist)
  since Feb. 1996 for one decade
• Nearly 14,000 people (majority of civilians)
  killed
• More than 1,000 people involuntarily disappeared
• More than 2,00,000 people internally displaced
• Nearly 1 million people crossed international
  border for personal safety
• Massive scale of torture, maiming, gender-based
  violence, seizure of land property occurred
• Thousands of children abducted, indoctrinated
  recruited in rebel army
• Serious breach of international humanitarian law
  (collateral damage) went unabated

3
Aiming for Peace ?
4
Peoples Power-2006
5
COMPREHENSIVE PEACE AGREEMENT (CPA)

• CPA Salient Features
• Formal end of a decade-long internal armed
  insurgency and farewell to firearms
• Embracing of peaceful democratic politics by the
  insurgents
• Partaking of all major political parties present
  in the parliament
• Proclamation of sovereignty vested to the people
• Reiterating to adhere with international HR
  humanitarian laws principles

6
CPA Salient Features.

• Restructuring of the state rather than mere
  regime change
• Soldiers to be kept inside barracks PLAs inside
  cantonments
• Arms management PLA verification to be
  undertaken by UNMIN
• Provision to hold election to the Constituent
  Assembly
• Commitment to address the issue of destruction,
  disappearance, displacement discrimination
• Provision for the formation of a Truth and
  Reconciliation Commission

7
Exchanging Peace!
8
Post-conflict organized crime!
9
CA ELECTION A HISTORICAL VICTORY
10
Time up for 240 years old monarchy
11
CHALLENGES OF PEACE PROCESS

• Absence of political will to address the past
  violations
• Un-clarified fate of those who were forcibly
  disappeared
• Absence of enabling atmosphere for the dignified
  return of displaced persons
• Culture of impunity letting the perpetrators
  scott-free
• Non-ratification of the Rome Statute on ICC
• Absence of justice just compensation to victims
• Emergence of post-conflict splinter armed groups
• Delaying in drafting the new constitution
• Politics of appeasement and deception
• Embracing the legacy of violence
• Erosion on the respect observance of HRs

12
A. PROSPECTS FOR TRANSITIONAL JUSTICE

• Applicable after/during transition from
  autocratic/ totalitarian/dictatorial regime to
  democratic order open society
• Instrumental in uncovering truth to establish
  faith in new institutions sustained
  reconciliation
• Crucial for restoration of damaged relationship
  between citizens the state
• Significant tool for prevention of future
  atrocities light shade of democracy
• Blanket amnesty unacceptable for heinous
  crimes/monsters of rights violation
• Not eye-for-an-eye rather rules of democratic
  games

13
DIFFICULTIES AND DILEMMA

• Highly sensitive as well as sensational political
  issue
• Expensive, time-consuming, risky a Herculean
  task
• Absence of independence, integrity
  professionalism of concerned institutions
• Deficiency of credibility, courage conviction
  in a polarized society
• Giant violators turned as glorious victors
  peacemakers?
• Battle fatigue syndrome among citizens/victims/
  families eroding social enthusiasm

14
CRITICAL BALANCING ACT

• Is peace more important than justice?
• Is reparation more important than anything else?
• Does reconciliation mean forget and forgive?
• Does truth-seeking auto-lead to reconciliation?
• Does sharing of power heal the wound?
• Is it easy to convert the victors as violators?
• What if there is obvious threat for 'back to
  war'?

15
Quest for Justice
Culture of Impunity
16
TJ MECHANISMS

• Domestic/home-grown best option but question of
  credibility remains high
• International Tedious expensive for an
  impoverished and delicate country
• Hybrid Appropriate for int'l legitimacy local
  ownership

17
Zeal for Justice
18
CIVIL SOCIETY AND TJ

• In the post-conflict environment, civil society
  frequently is a prime advocate of accountability
  for the past.
• Civil society has often been a powerful critic of
  the government's pursuit of transitional justice.
• In the midst of civil war or under government
  repression, civil society commonly suffers.
  However, many courageous groups have refused to
  be cowed.

19
CONCLUSION

• TJ would provide a historic bridge between the
  past of a deeply divided society characterized by
  conflict untold suffering
• TJ would explore a future founded on the
  recognition of HR, democracy peaceful
  co-existence
• TJ would prevent a repetition of gross violation
  fof HR and humanitarian law in future.
• TJ would help break the cycle of the culture of
  impunity to stabilize the nation-building peace
  process
• TJ is for understanding but not for vengeance
  for reparation but not for retaliation, for
  ubuntu but not for victimization.

20
Addressing impunity through TRC TRC exalt values
such as- truth, justice, reconciliation, nation
building, healing, and moving forward (can be
useful tool to rebuild divided society)

• Truth
• Acknowledgement
• Transparency
• Accountability
• Clarity

• Reparation
• Restitution
• Compensation
• Rehabilitation
• Satisfaction
• guarantee of non- repetition

Reconciliation

• Justice
• Prosecution
• Investigation
• Sanction
• Social Justice

Peace With impunity Negative Ending Impunity
Positive
21
Ultimatelywhich is mightier?
22
Thank U for your attention!Concerns?C
omments?Questions?