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This is an archive article published on November 25, 2011
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Opinion The end is not near

The Maoist party has also failed to ensure that the property,which it had confiscated during the years of conflict,is returned.

November 25, 2011 02:41 AM IST First published on: Nov 25, 2011 at 02:41 AM IST

Nepal’s Prime Minister Baburam Bhattarai is in a unenviable place: by November 23,he should have fulfilled the preconditions required to extend the November 30 deadline of the Constituent Assembly. But that has not happened.

While the Unified Communist Party of Nepal (Maoists) and other major political parties have agreed that 6,500 former Maoist combatants will be integrated into the Nepal army,the details have not been worked out yet. The Maoist party has also failed to ensure that the property,which it had confiscated during the years of conflict,is returned. Nor has the government announced the dissolution of the paramilitary structure of the Young Communist League. The government formed a State Restructuring Commission to decide the modality and basis of federalism,but the parties have still not reached a consensus on who will head it. The truth and reconciliation commission too is yet to be created.

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During the past few weeks,Prime Minister Bhattarai was particularly contrite when he met representatives of the media and civil society. He said he had hoped to achieve a lot but failed to do so.

Now,he will be moving a resolution to extend the tenure of the Constituent Assembly for the fourth time in a row. There are already protests in the streets and some have been arrested. The disillusionment is widespread,as Bhattarai seems to be playing a losing game.

The disenchantment with the government is not restricted to the people and the politicians in Kathmandu. The Nepal chapter of Amnesty International and other human rights’ groups want the country to ratify the Rome Statute of the International Criminal Court to prosecute people for genocide and crimes against humanity. They insist that the chances of victims getting justice under the present dispensation are negligible,and only an international intervention can do the needful. They are reportedly lobbying European countries to put pressure on the political parties to sign the statute.

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Others too have,publicly and otherwise,criticised the culture of impunity in the country. In a private conversation with the chief justice of the Supreme Court,Khil Raj Regmi,an ambassador reportedly expressed concern about the situation and suggested that it might lead to a cut in the aid that Nepal badly needs in the post-conflict reconstruction phase.

This is an obvious about-turn. On August 28,when Bhattarai became prime minister after the Maoists and the United Democratic Madhes Front (UDMH) agreed on a common agenda,which included their commitment to withdraw all the pending cases against the leaders and activists of the two sides forming the ruling coalition,India,the US and several European countries found nothing amiss. They congratulated Bhattarai and expressed the hope that the peace and constitution-drafting processes would be concluded under his leadership.

Nepal’s political parties,including the Nepali Congress,the Communist Party of Nepal (UML) and the Rastriya Janashakti Party,which is led by arguably the most seasoned politician in the country,Surya Bahadur Thapa,were equally prompt in welcoming the new coalition. What many did not realise was that the Maoists would have to take the lion’s share of the blame for human rights violations during the conflict and insurgency of 1996-2006.

Even after 2006,many European countries and the United Nations Mission to Nepal (UNMIN) highlighted only one case as emblematic — the torture and murder of 15-year-old Maina Sunuwar by the army. They chose to shut their eyes to the atrocities committed by the Maoists.

Now,there has been one positive move that could perhaps slightly blunt the criticisms about human rights violations. The supreme court of Nepal has stayed the government’s move to grant presidential amnesty to Maoist legislator Balakrishna Dhungel,who is convicted in a murder case. The various governments that came to power over the past one year had refrained from arresting Dhungel and confiscating his property. The speaker of the Constituent Assembly too did not make any move to annul his membership after the conviction.

However,this is just a glimmer. The Bhattarai government will have to do a lot more to win the confidence of the people,as Nepal continues to wait for a new constitution,a new order.

yubaraj.ghimire@expressindia.com

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