— Peace negotiations, accountability and an end to impunity are required as a matter of urgency
Time is of the essence. The human rights crisis situation in Nepal risks escalating further unless concrete steps towards peaceful resolution of the conflict are undertaken by the belligerent parties. On Wednesday August 25, 2004, the Communist Party of Nepal — Maoist (CPN-Maoist) and its associated groups temporarily suspended a week-old blockade of the capital, Kathmandu, reportedly in response to popular appeals. The blockade exposed the States failure in dealing with the Maoist insurgency. It also demonstrated that the Maoists are not conducting a “People’s War” despite their claims, as the population of Katmandu was made to suffer the most as a result of the blockade.
The failure of this blockade to produce advantages for either side is now leading to a situation in which both the Royal Nepalese Army (RNA) and the Maoists will likely resort to the use of increased force and violations of human rights and humanitarian laws in their operations. It is probable in this case that Nepalese civilians will once again bear the brunt of these events.
The end of the blockade, however, presents a window of opportunity for the holding of peace talks. The parties to the conflict and the international community must now need to make clear commitments to find a non-violent resolution to the conflict. It is evident that the escalation of an already grave human rights emergency will only serve to further damage the country and its people. The continued use of force by either side will not provide dividends in eventual peace negotiations, but will rather serve to estrange them further from the population and from a viable political future. The only way out of the current quagmire is for all parties to demonstrate the will to protect the people of Nepal from further abuses and to engage in a peace process, with assistance from the international community.
International sources in Nepal have related that all parties to the conflict realise that it cannot be won by military force, but rather by winning the trust and respect of the population. The only way to gain the trust of the people of Nepal – who have become the victims of widespread violations of human rights and humanitarian law perpetrated by both sides — is to immediately call a cease-fire and to engage in good faith in peace talks that will deliver concrete results in the short and long terms. Limited negotiations between the belligerent parties, such as those recently held in order to bring about the end of the blockade, are no substitute for comprehensive peace negotiations. Both sides must also ensure command and control over their field commanders and put an immediate halt to all violations of human rights and humanitarian law.
The current emergency does not require further human rights awareness raising or training projects, or projects such as the National Human Rights Action Plan that fall short of being able to address the current crisis in an effective way. This situation requires a comprehensive action plan, based for example on the National Human Rights Commissions Human Rights Accord, which contains appropriate and concrete measures and the possibility of urgent implementation, in order to address the ongoing emergency and afford protection to the people of Nepal.
Furthermore, it is imperative that the rule of law be re-established by the authorities, with the perpetrators of abuses being held accountable before a judiciary that has been re-enabled to function. Extra-judicial executions, forced disappearances, torture and the repression of civil society (notably attack against and threats to journalists) must be halted immediately. In addition, all parties must ensure that the National Human Rights Commission, as well as other human rights and humanitarian organisations, are allowed to have unfettered access to all parts of the country and are allowed to fulfill their monitoring or assistance roles without hindrance.
The Maoists, who claim to control up to 70% of the country, must clearly denounce violations, cease the targeting of civilians and members of civil society, and pledge to respect human rights and humanitarian laws and standards. With authority come responsibility and the need for accountability.
Regional and international governments must initiate efforts to put a halt to the continued violations being perpetrated by both sides.
Key players, such as India, the United Kingdom and the United States, must also use this opportunity to provide a framework within which peaceful resolution to the conflict can be achieved. For example, the provision of military aid to the country should only be considered when the violations of human rights and humanitarian law have ceased, if the suppliers are not to become complicit in fueling the crisis.
Without the aforementioned steps being taken with all haste, a significant opportunity for positive development and peace may well be missed, and the grave situation in the country with likely degrade even further, with torture, rape, disappearances and executions expected to flourish unabated.
