Nepal Army, Justice & Peace Process of Nepal
Prakash Bom
July 28, 2009
The so-called main democratic political parties such as Nepali Congress, UML and their certain leaders who think along the line of GP Koirala can try to fool Nepali people forget all about how state army violated the human rights, but not the world-community at their expense which are concern about the reluctance of Nepal Army to redefine its mission for justice to support peace process.
It has been obvious to the world-community about the stance of Nepal Army against justice. In addition, it has succeeded with its bearings of status quo to manipulate NC and UML leaderships to have Nepalīs Democracy fit within its military establishment in order not only to protect few army officers who have violated internationally recognized human rights but also honor their position with greater military responsibility.
It has been clear that the prevailing NA officers have put tremendous pressure on NC and UML leaderships that the peace process and Democracy must not contradict with its position. If not, for example, US Senate Committee on Appropriations would not have issued contingent on S-1434 bill regarding American military aid to NA.
The S-1434 bill approved by the US Senate Committee on Appropriations on July 9, 2009 for American Military aid to Nepal Army clearly sets the contingent on Nepal Armyīs full-cooperation to civilian judicial process for investigation of human rights violations such as in case of Maina Sunuwar in which certain NA officers were directly involved.
The American military aid to Nepal Army depends on how NA redefines its mission by undergoing reform for establishing civilian control over justice and facilitating the integration of Maoist combatants into NA with more intelligibility to military establishment. Basically, US Senate has demanded from Nepal Army to give up its status quo for military supremacy over civilian justice system if it is committed to Democracy.
The most critical position that the US Senate Committee on Appropriations has taken regarding S-1434 that no American military aid will be delivered until US Secretary of State certifies that Nepal Army has fully cooperated with civilian prosecutions against internationally recognized human rights violations. This means that NA must redefine its mission, implement reform for civilian supremacy for budget transparency and accountability, and facilitate the integration of Maoist combatants for peace, stability and Democracy.
The world community does not care about what role Indian government is playing with UML lead government with the promise for providing military logistics that has been put on hold since the February 2005 after royal takeover. But what it indicates that how successfully prevailing NA officers have influenced UML led government to play a role to pressure peace process with military power.
However, it is neither a fair democratic process for a long term peace process nor a new democratic culture for Nepalīs new Democracy to embrace. The impression that it gives is troubling because it seems as if the NC and UML leaderships perpetuate the culture of impunity with the obstruction of justice both against Maoist and NA human rights violators. It is an open obstruction of justice of government(s) under people elected Constituent Assembly if it simply gives its NA human rights violators state protection and honor with more military responsibility.
If a nation under Democracy lets its military system escape the civilian judicial authorities from being persecuted as an exceptional government agency even in the case of human rights violation, then it fails to deliver justice to people. Without justice a democratic nation cannot flourish with peace (long term stability) and prosperity. But it will run with the rulings of few (such as under oligarchy) with the politics of such political parties and their leaders who obstruct justice.
It seems as if this is the only legacy that Nepali politics have left to embrace. For example, the custom of Prime Minister briefing ceremonial president without briefing people elected Parliament is an instance of oligarchy that undermines the right and responsibility of people elected representatives in the Parliament.
Similarly, government cabinet making constitutional appointments (diplomats and government secretariats) without Parliament Hearing or discharging those who have earned their responsibility through Parliament Hearing prior to their tenure whenever the government cabinet is changed with different coalition (Under Maoist or UML) is nothing but an arbitrary rule of governance that is utter disgrace to democratic processes.
Likewise, the government forming a national task force or committee such as monitoring West-Seti Hydro Project without forming a Parliamentary Committee for Hearing to which national task force ought to be reporting is a form of oligarchy rule of government for letting its employees to administer project without a single people elected representative in the task force.
However, as long as justice is not delivered in every level in Democracy there will be no stability, no security and no prosperity no matter how strong could be the military or how effective ought to be the security system. In the end, the government will be all corrupt under the oligarchy of few ruling elites.
On the contrary, the day Nepal succeeds to establish justice for all to abide (from the street to the Parliament) that day there will be peace, order and prosperity literally in the life of Nepali people. No matter how difficult it is to establish the rule of law in a multi-cultural and multi-ethnic nation but without the culture of justice in every level of governance there will always be instability and disorder.
For example, the justice will not be delivered if Nepalīs federal system fails to take into account the multi-cultural and multi-ethnic elements of entire nation, which can play the most effective role in the functions of federal states. It will be unfortunate if the main political parties follow the current arbitrary statement of GP Koirala against the formation of federal states that can give a significant role to multi-cultural and multi-ethnic elements of nation to play in the workings of local states.
Despite century old culture of impunity under caste based Hindu rule, Nepal has even in this modern century remained a land of impunity with all that peopleīs movements, Maoist insurgency and world wide exodus of Nepali Diaspora. It has obstructed justice against the most cruel and internationally recognized human rights violence.
It has been obvious to the world-community about the stance of Nepal Army against justice. In addition, it has succeeded with its bearings of status quo to manipulate NC and UML leaderships to have Nepalīs Democracy fit within its military establishment in order not only to protect few army officers who have violated internationally recognized human rights but also honor their position with greater military responsibility.
It has been clear that the prevailing NA officers have put tremendous pressure on NC and UML leaderships that the peace process and Democracy must not contradict with its position. If not, for example, US Senate Committee on Appropriations would not have issued contingent on S-1434 bill regarding American military aid to NA.
The S-1434 bill approved by the US Senate Committee on Appropriations on July 9, 2009 for American Military aid to Nepal Army clearly sets the contingent on Nepal Armyīs full-cooperation to civilian judicial process for investigation of human rights violations such as in case of Maina Sunuwar in which certain NA officers were directly involved.
The American military aid to Nepal Army depends on how NA redefines its mission by undergoing reform for establishing civilian control over justice and facilitating the integration of Maoist combatants into NA with more intelligibility to military establishment. Basically, US Senate has demanded from Nepal Army to give up its status quo for military supremacy over civilian justice system if it is committed to Democracy.
The most critical position that the US Senate Committee on Appropriations has taken regarding S-1434 that no American military aid will be delivered until US Secretary of State certifies that Nepal Army has fully cooperated with civilian prosecutions against internationally recognized human rights violations. This means that NA must redefine its mission, implement reform for civilian supremacy for budget transparency and accountability, and facilitate the integration of Maoist combatants for peace, stability and Democracy.
The world community does not care about what role Indian government is playing with UML lead government with the promise for providing military logistics that has been put on hold since the February 2005 after royal takeover. But what it indicates that how successfully prevailing NA officers have influenced UML led government to play a role to pressure peace process with military power.
However, it is neither a fair democratic process for a long term peace process nor a new democratic culture for Nepalīs new Democracy to embrace. The impression that it gives is troubling because it seems as if the NC and UML leaderships perpetuate the culture of impunity with the obstruction of justice both against Maoist and NA human rights violators. It is an open obstruction of justice of government(s) under people elected Constituent Assembly if it simply gives its NA human rights violators state protection and honor with more military responsibility.
If a nation under Democracy lets its military system escape the civilian judicial authorities from being persecuted as an exceptional government agency even in the case of human rights violation, then it fails to deliver justice to people. Without justice a democratic nation cannot flourish with peace (long term stability) and prosperity. But it will run with the rulings of few (such as under oligarchy) with the politics of such political parties and their leaders who obstruct justice.
It seems as if this is the only legacy that Nepali politics have left to embrace. For example, the custom of Prime Minister briefing ceremonial president without briefing people elected Parliament is an instance of oligarchy that undermines the right and responsibility of people elected representatives in the Parliament.
Similarly, government cabinet making constitutional appointments (diplomats and government secretariats) without Parliament Hearing or discharging those who have earned their responsibility through Parliament Hearing prior to their tenure whenever the government cabinet is changed with different coalition (Under Maoist or UML) is nothing but an arbitrary rule of governance that is utter disgrace to democratic processes.
Likewise, the government forming a national task force or committee such as monitoring West-Seti Hydro Project without forming a Parliamentary Committee for Hearing to which national task force ought to be reporting is a form of oligarchy rule of government for letting its employees to administer project without a single people elected representative in the task force.
However, as long as justice is not delivered in every level in Democracy there will be no stability, no security and no prosperity no matter how strong could be the military or how effective ought to be the security system. In the end, the government will be all corrupt under the oligarchy of few ruling elites.
On the contrary, the day Nepal succeeds to establish justice for all to abide (from the street to the Parliament) that day there will be peace, order and prosperity literally in the life of Nepali people. No matter how difficult it is to establish the rule of law in a multi-cultural and multi-ethnic nation but without the culture of justice in every level of governance there will always be instability and disorder.
For example, the justice will not be delivered if Nepalīs federal system fails to take into account the multi-cultural and multi-ethnic elements of entire nation, which can play the most effective role in the functions of federal states. It will be unfortunate if the main political parties follow the current arbitrary statement of GP Koirala against the formation of federal states that can give a significant role to multi-cultural and multi-ethnic elements of nation to play in the workings of local states.
Despite century old culture of impunity under caste based Hindu rule, Nepal has even in this modern century remained a land of impunity with all that peopleīs movements, Maoist insurgency and world wide exodus of Nepali Diaspora. It has obstructed justice against the most cruel and internationally recognized human rights violence.
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