The year 2006 has been a landmark year in Nepal and has included vast popular demonstrations against King Gyanendra and his government, which finally led to the government’s demise and the creation of a new platform upon which progress toward peace, security and human rights could be built. During the period since the April uprisings, Nepal has been under a state of political flux with difficult questions being addressed step by step. By the end of the year, a comprehensive peace accord had been signed by the Seven Party Alliance (SPA) and the Maoists, bringing an end to a bloody decade-long war that claimed the lives of more than 13,000 people and seriously affected many more. The Maoists are in the process of being disarmed and brought into the political mainstream. If all parties stick to their commitments made as part of various agreements, notably that reached on November 8, then there is reason to hope that the country is heading into a period of sustained democratic development and peace. It is rare to see such sweeping changes in the course of one year, and full credit must be given to the people of Nepal and all other actors that have enabled this positive development.
However, from a human rights perspective, much remains to be done. Violations continue to be committed by all sides, including abductions, torture and extrajudicial killings, and this violence will persist while the culture of impunity that has accompanied the widespread abuses of the past continues in the country. In order to ensure that impunity is dismantled, justice cannot be sacrificed on the altar of political expediency. All allegations of human rights abuses committed by any party must be effectively investigated and prosecuted in line with Nepal’s international obligations. To enable these investigations to be effective, the institutions of the rule of law must be strengthened to allow them to cope with this sizeable task. Investigations and prosecutions should commence without further delay as the legal institutions can develop as the process proceeds as long as there are no undue political restrictions on their actions. It is also vital that an effective, credible and well-resourced system of witness protection be created. Otherwise, the investigation and prosecution of alleged perpetrators will fail. In the process of ensuring that the people responsible for human rights violations are held accountable, Nepal can establish a deterrent against future violations and the victims can feel secure that adequate compensation will be provided. Such a deterrent will enable a more peaceful, less fractured society to emerge. The only way to move beyond past grievances is for justice to be done. By ignoring such grievances in order to sidestep difficult issues that may threaten ongoing political progress, there may be short-term gains, but ultimately, the door will remain open to a return to violence and insecurity as those that profited from such a situation will remain protected and may later opt to offend again.
While there has been significant political progress during the year, many difficult decisions remain. It is hoped that the new political dynamics in Nepal will enable the implementation of much-needed reforms to now begin in earnest.
