31 October 2004
Editorial, The Kathmandu Post
Director of New Delhi-based South Asia Human Rights Documentation Centre (SAHRDC), has been following human rights issues in Nepal for more han three decades. SAHRDC is the Secretariat of the Asia Pacific Human Rights Network and it has Special Consultative Status with the United Nations
Economic and Social Council (ECOSOC). Akhanda Bhandari of Kantipur Publications spoke with Nair.Excerpts:
Kantipur Publications: How have you assessed Nepal’s human rights situation?
Ravi Nair: I am not here to play the blame game, but it pains me to see that both security forces and Maoists are treating their own people in a way in which they should not treat even their worst enemies. An average Nepali has no right to his or her life.
KP: You want to conclude saying there is no functioning government?
Nair: There are two aspects to this question. First, there is a government in Nepal. The new four-party alliance government is definitely an improvement on the earlier situation. However, it must be borne in mind that it is only the first step in a democratic process. The ultimate objective has to be representative government through general elections. I am very much aware that without a political accommodation with the Maoists, this is not going to be feasible in the medium-term.
This brings me to the second part of your question. I would like to believe that there is a functioning government. However, the political leadership in the present government seems to be exercising little control over the various executive wings of HMG. No, I am not alluding to the fact that I came across a large number of police stations that had been abandoned even in towns on the Mahendra Rajmarg but the fact that the Supreme Court of Nepal is fobbed off by the Royal Nepalese Army when replying to habeas corpus petitions.
KP: Is the Royal Nepalese Army not on the right track?
Nair: The Royal Nepalese Army (RNA) is known to be a disciplined army. Its officers at the senior level are amongst the most educated in Nepal. Yet, clearly, a breakdown in the chain of command, discipline in the ranks and esprit de corps has occurred. I came across army soldiers dressed in civilian clothes, armed to the teeth, doing patrols.
KP: Are you satisfied with the activities of National Human Right Commission (NHRC) of Nepal?
Nair: The NHRC in Nepal is doing a commendable job in difficult circumstances. Yet, much more can be done. Some of this can be done by the NHRC itself. Much of it will need to be done by the Government, which must empower the NHRC to act as a watchdog for the rights of the Nepalis.
For its part, the NHRC needs to evolve as a much more effective process of registering and responding to individual human rights complaints from across Nepal.
KP: What are the major human rights problems in Nepal?
Nair: The nature of human rights violations in Nepal reads like the A-Z of a human rights textbook. The principal concerns are that both the Government forces and the Maoists have resorted to extrajudicial executions, torture and illegal detentions in a brazen and endemic manner. The courts have not developed adequate case law to deal with this.
TADA and other national security legislation are eroding the few institutional safeguards that democracy brought to Nepal. It is legitimate for any democratic government to fight terrorism with emergency legislation. However, emergency legislation cannot be for an indefinite period and must be subjected to judicial scrutiny at every point of its application.
KP: Are the Maoists a terrorist or a political force?
Nair: I think that is a semantic question that is better left unanswered.
KP: How do you perceive the role of India in Nepal’s Maoist problem?Nair: I am far from a spokesperson for the Indian Government or even for circles close to the Indian establishment. However, let me hazard an answer, as I do not want to duck the question. Any government in India, irrespective of its political orientation, wants a stable Nepal. The present instability in Nepal, apart from its security implications for India, has also led to an exponential rise in economic migrants from Nepal coming into India. Jobs in India are hard to come by even for Indian citizens.
KP: Is the handing over of some Maoist leaders by India to Nepal without legal process right?
Nair: The state governments of West Bengal, Bihar and Uttar Pradesh acting in concert with the Central Government in Delhi have been violating all canons of due procedure under Indian and international law when they have been handing over Maoist suspects to Nepal without judicial due process and seeking assurances that they will not be tortured or ill-treated.
KP: Can Nepal solve its problems by weapons and helicopters given by countries such as India, the United States and the United Kingdom?
Nair: It is the prerogative of these countries to supply arms and armaments to another sovereign and legitimate government. However, the supply of arms by the United States must also require that the US in tandem with the supply of arms impose human rights conditionalities on the RNA, such as the acceptance of the International Military Education and Training (IMET) program of the US. Similarly, the UK is required under its own law to seek arms export licenses, which require conformity to human rights standards in the countries importing them. India does not have such domestic legislation or executive guidelines. Yet, Indian public opinion, once it is informed that its country’s arms are being used for human rights violations, will not countenance this policy for too long.KP: But, why is international response to human rights violations quicker than any reaction by the Nepali authorities?
Nair: The principal reason for the slow reaction in Nepal is that many in Singha Durbar do not even want to recognize that there is a grave human rights crisis. Recognition is the first step towards resolving the problems. Secondly, the development of democratic institutions in Nepal is nascent. This does not provide for adequate checks and balances on the misuse of authority. The legal system is still finding its feet after decades of authoritarian Panchayati rule. On the other hand, Nepal cannot be a hermetically sealed kingdom. Information about violations reaches across the globe not only due to the presence of a growing Nepali Diaspora. Large number of tourists still coming to Nepal on trekking holidays come into contact with ordinary Nepalis who tell them about their woes. The media in Nepal has also been courageous in very difficult circumstances.
KP: Many in Nepal believe India holds the remote control that will solve Nepal’s present problems. Is it true?Nair: There are no remote controls in today’s world, more so in the extremely volatile political situation in South Asia. Such erroneous political perceptions are detrimental to Nepal’s own long-term interests.KP: Are Maoist leaders in India presently safe, or are they threatened?
Nair: From the public pronouncements of the Indian Government as well as on observance of the new security arrangements on the Indo-Nepal border, it is clear that the periodic ingress and egress of the Maoist leadership to and from India will increasingly become like running the gauntlet. The Government of India is tightening the noose on the Maoists who periodically visit India
KP: What is your opinion about mediation by the international community – the UN, India, America, Norway etc – in the peace talks?Nair: The US Ambassador’s recent candid interview in your columns does not envisage a mediatory role for the US. For India too, given the latent suspicions about its role, it would be foolhardy to offer mediation. Norway has more than its hands full with the Oslo Accord in the Middle East coming apart and the peace process in Sri Lanka facilitated by them floundering. That leaves the United Nations. The UN Secretary General has offered his good offices on more than one occasion. However, there are enough people of goodwill and stature in Nepali society who should in the first instance be given the necessary substantive support to take the initiative for mediation. The High Level Peace Committee would need to give this some careful thought.KP: How do you perceive the role of the King in Nepal?
Nair: A constitutional monarchy can play an important role in bridging differences across the political spectrum in Nepal. However, the model for that will need to be the Spanish monarchy after the overthrow of the Franco dictatorship, or closer home, the extremely skillful and politically astute role played by King Norodom Sihanouk in equally difficult circumstances in Cambodia. The role model cannot be the Shah of Iran.
KP: Is there a real democracy in Nepal?
Nair: That is the million-dollar question. Nepal is in a state of democratic flux. The democratic constitution is in jeopardy. Legitimate democracy needs a legitimate process of franchise of the people through free and fair elections. The Prime Minister’s announcement that he may call for elections in the spring of next year is welcome. However, what happens in the Maoist-controlled areas if political accommodation with them is not reached before the exercise of the ballot? The Constitutional monarchy must be Constitutional. Too many powers have accrued to it since the proclamation of the state of emergency. The status quo ante needs to be restored.