It became apparent to me, when I set up the Advocacy Forum, that the victims of human rights violations had literally no voice in Nepal. The victims are thwarted by fear, economic lack of resources, and often have no legal know-how. As it stands today, civilian human rights violations can only be investigated through the state apparatus of the police. The fundamental problem begins herein. It is obvious that they never seem to do their homework. In terms of having a detailed understanding, gathering of documents, collecting background information and then finally verifying their sources, they are constantly inconsistent. This means that any investigation they do conduct is often biased and lacks any real credibility.However, the greater challenge that Nepal has been facing and has yet to overcome is the inherent corruption within the state institutions that are in fact supposed to protect the law. The judicial system in Nepal is working on par with government institutions and its various political parties in harboring and protecting the very violators of our basic rights! Through work with the Advocacy Forum, I have come to realize that even when I have made the effort to create substantial cases with supporting documents, and handed them over to the police, they have simply ignored the facts. The reality is frustrating at times. More often than not, we have to file counter cases against them for their blatant refusal to comply with our civilian rights. Obviously, this also goes unnoticed.
Nepal’s government has been failing on almost every account to provide any remedy for the victims of human rights abuses. The politicization of our judicial, political, security, and military institutions has meant that in order to bring about any sense of trust from the masses towards the government and its judicial components, a major restructuring of the judicial system as it stands today is in order. There is an understanding by our state that as protectors of its civilian population, they are incapable of committing crimes. It is high time that this feeling is rooted out of our minds.
As for what we can hope for in the future, there is an imminent necessity to create a separate investigation bureau, as promised by the Comprehensive Peace Agreement (CPA). The prosecutors must be specialized as must the courts themselves. We also cannot simply sweep our past human rights violations under the rug. The CPA’s unanimity to create a Disappearance Commission alongside a Truth and Reconciliation Commission have, as expected, failed to materialize. But these are the only ways through which we can keep our institutions in check.
The Constitution till date enforces all sorts of ridiculous laws. For example, in the case of rape, all cases have to be submitted within 35 days of the crime. Such laws cannot exist if we are to anticipate bringing any justice to the victims of abuse.
Our military institution, the army and its personnel, cannot be tried by civilian courts. But what of cases when the army is responsible for the murder of a civilian? If a civilian is murdered, surely the case should go to a civilian court! It is simple; all murder cases must be seen to by civilian courts.
The truth is such that if our state cannot hold its own institutions to account, it is impossible for them to hold any other section of the society under arrest. It is an issue of legitimacy, and if we are to build faith in any government, it is imperative that we know it is respecting the very laws which it claims to protect. Our institutions will be credible only when there is an understanding that they, too, are under the law. For Nepal, the opportunity to change the views of the people and regain lost trust lies only in its ability to provide accountability. This one resolution alone can change the very face of Nepal’s future.
Mandira Sharma is an award winning human rights activist and the founder of Nepal Advocacy Forum.
(As told to Bidushi Dhungel)
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