"If every country had done as Tunisia has done, and paved the way for dialogue, tolerance, democracy and equal rights... [they] can negotiate with one another to reach solutions in the country's best interests, if only they are willing to do so!" said Kaci Kullmann Five, Chair of the Norwegian Nobel Committee during the award ceremony in Oslo on December 10th, 2015.The Tunisian National Dialogue Quartet, a group of four organizations, was awarded the 2015 Nobel Peace Prize for its contribution in building a pluralistic democracy in the aftermath of the Jasmine Revolution that toppled Ben Ali's 22-year dictatorship. The grand coalition of activists, lawyers and labor unions played a key role in mediating a coalition government soon after the revolution. The Quartet is a powerful reminder of the role of civil society in shaping politics and culture of a nation.
The 12-point understanding, reached between the then seven political party alliance and Nepal Communist Party (Maoist) in November 2005, pledged to investigate and take action against those guilty of wartime crimes. However, Nepal's quest to readdress wartime injustices continues to be mired by petty politics and infighting. After a year of forming the two statutory commissions—the Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP)—their works have been dismal at best. Members of the commissions are busy making foreign trips, and have done little to actually start the monumental task of seeking justice for the families of the 1,600-plus deaths and to investigate the whereabouts of more than 1,522 disappeared Nepalis.
Based on its recent annual report, the CIEDP spent Rs 10.8 million to buy cars for its members, almost Rs 2.6 million in salaries and millions in consultancy and visits. The commission now has 25 staff members. Similar is the story at TRC. Reports of proposed cushy trips to Peru, Chile, Cambodia, South Africa, The Philippines and Egypt by TRC members are making news lately. Surya Kiran Gurung, chairman of TRC, recently decided to take the role of the commission spokesperson by himself, relieving Madhabi Bhatta, another commissioner, from the responsibility. Lack of harmony and misunderstanding among the members of TRC is delaying the crucial task of figuring out a way to heal our deeply fractured nation.
In private conversations, I often remind the members of the two commissions about the historic opportunity for them to remedy wartime injustices in order to give a powerful message for future generations, that if you do something bad you will be punished. We are seeing multiple ideas, identities, and values being contested in our effort to re-imagine our social, economical and administrative structures. Our country's long journey to finish the ongoing political project, that imagines an inclusive and equal society, needs immediate redress of historical injustices.
We are seeing some deeply disturbing trends in Kathmandu to actively undermine and ultimately discard any effort to provide justice to the victims of the civil war. Members of the two commissions, in private conversations, talk about "pressure" from the "top" to delay their work. If this is the case, then the commissions are only a façade to showcase, before the international community, the country's attempt to provide justice to the victims. During the height of recent economic blockade, India raised the issue of Nepal's inaction in addressing wartime cases in Geneva. This can potentially be an international issue if we fail to deal with it on our own. The international community is putting pressure on Sri Lanka to investigate crimes perpetrated by the Sri Lankan government towards the end of its civil war in 2009.
The Parliamentary Committee on Social Justice and Human Rights in Nepal has ordered the members of TRC and CIEDP to not to speak about their activities to the media. The committee can maintain oversight over the works of the commissions, but it cannot order them, for example, to refrain from talking to media. While we are trying to make the state's functions and processes transparent and accountable, our elected representatives are harkening back to the Panchayat-style hiding of information from the public.
TRC and CIEDP will only be able to win hearts of the people if they are open and honest about their work processes. How can we imagine a fair and transparent process to heal wartime wounds when the parliament itself is invested in undermining the statutory commissions? And how can we imagine a vibrant democracy if we keep compromising on the very basic values of democracy: openness, transparency and accountability?
Our wounded nation urgently needs our justice mechanisms to work for the most vulnerable. Perfunctory annual reports of the commissions discuss little about their work progress. Even after visiting 52 districts, TRC has not been able to call for filing of complaints. It is awaiting amendments of a particular act. However, the commission has the right to define what constitutes gross violations of human rights; it does not have to wait for the parliament to define the term. The CIEDP is also waiting for its regulation to be published in Nepal Gazette to publicly call for filing of complaints.
It is time for the two commissions to emerge from partisan politics and show magnanimity. The families of the 266 individuals on the disappearance list from Bardiya, the district with the highest number of forcible disappearances according to government data, deserve answers from the commission. Nanda Prasad Adhikari's body is still inside a box at Teaching Hospital, Maharajgunj. Ganga Maya, his wife, is barely clinging to her life. All for justice; they simply want the perpetrators who killed their son punished. These are difficult tasks, and it is this kind of hard work that we expect from the commissions in our quest to build solid foundations of our democracy.
It is rather ironic that every major politician talks about the state's inability to carry out its basic work, but these are the same parties and actors that are in the government. They hold the key to the power in Singha Durbar. Sociologist Hari Sharma says, "Everybody talks about the state, but nobody owns the state." The sense of agency is what is missing in Nepal's quest to re-imagine the state, redress past injustices and aspire for higher economic gains.
The role of active and aware civil society groups is relevant here. There appears to be a sense of fatigue among activists as the pace of change has been painful and slow. Radical elements are having their way. Moderate voices are being sidelined. We are all talking past each other, and our state mechanisms are reflection of the nature of our society. And this has to change. May be our call for justice to the victims and families of the civil war can re-instill a vibrant, relentless and neutral civil society that we once saw in the country.
Tunisia's Quartet inspired the complex nation to aim for higher ideals of democracy and openness. Our TRC and CIEDP have a historical opportunity to guide the nation towards a just society. If TRC and CIEDP were to work with the purest of intentions, I do not see a reason why the commissions would not be worth the Nobel Peace Prize. Why can't they aspire for such a glory? Why is it that they cling to their party lines and subscribe to the politicians' desire to stall and delay the long process of healing and justice to the families whose pain and suffering have only multiplied by the day?
What is the point of running after coveted appointments like that at these two commissions if your intention is to continue running after the politicians? Why is it that we fail to perform even when opportunities come our way? For the love of the country, can these two commissions please get down to business?
Twitter: @subhash580
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