Nepal Ordered to Investigate Disappearances
Problems Continue to Plague Post-conflict Reconstruction
Apr 4, 2009
On April 3, 2009, the court ordered the government to investigate and publish the whereabouts of hundreds of people who went missing during the country´s long and brutal Maoist insurgency. In its dictate, the court specifically stated that: “It is the responsibility of the state to find out the status of missing people, and the government must provide information to the families of those missing”. Nepal's National Human Rights Commission recently reported that nearly 1,000 people are still missing, either after they were arrested by government agents or abducted by Maoist rebels. Both the Nepalese government and Maoist rebels stand accused of widespread human rights violations, including torture, rape, and killings during the conflict.
The Maoists, fighting to eliminate the monarchy and establish a communist regime, formally renounced violence after signing a peace treaty with the Nepalese government in November, 2006. This agreement also requires that the government form a commission to investigate suspicious disappearances. Unfortunately, disputes between Nepal’s various political parties have prevented the formation of such a commission. Furthermore, the Maoists now lead Nepal's coalition government after becoming the single largest party in the Constituent Assembly after the last round of elections.
Problems for Post-conflict Reconstruction
Nepal´s government has recently been hammered with a rash of socioeconomic problems that were either largely ignored during the insurgency, or are a direct result of the same. Observers agree that the Supreme Court´s order will greatly add to the many difficulties with post-conflict reconstruction in Nepal. Two of the main problems encountered by the state have been largely related to a lack of funds, and the need to rehabilitate ex-combatants.
Britain has taken on a large portion of responsibility for aiding Nepal with its economic situation, and with the rehabilitation of ex-combatants. Mike Foster, British International Development Minister, recently confirmed to reporters that $245 million will be donated towards the peace process; specifically, to help fund the preparation of a new constitution, and the rehabilitation of former Maoist rebels living in special UN-monitored camps. Most analysts agree that the successful rehabilitation and reintegration of former combatants is essential for the future of peace and stability in Nepal. Some observers have even suggested that they be integrated into Nepal´s regular army.
Nepalese Caste System and Human Rights
One important issue of concern for local and international human rights advocates, the negative effects of the very strict caste system that is an integral part of Nepalese society, remains largely ignored by the government. Over the years there have been many reports of the brutal beatings and murders of those who have either openly challenged the caste system or are thought to be in violation of its rules. Many reports show that most incidents of beatings and deaths are focused on lower caste women, particularly women who have either married outside their caste or are widowed. Many observers believe that resolving this problem should be included in the list of reconstruction priorities.
From Peace to Humanitarian Action
Experts agree that post-conflict reconstruction is one of the most difficult tasks in governance and humanitarian crisis management. Whether or not a country or society will fall back into conflict and civil war is almost entirely dependent on how well the aftermath of a recent war is managed by all the actors involved. It is paramount that the government, national courts, humanitarian organizations, and the international community all work together in order to successfully prosecute war crimes, prevent human rights violations, stimulate economic recovery, and facilitate social reconciliation. Benjamin Franklin once noted that: “Wars are not paid for in wartime, the bill comes later”; and as regards Nepal, that time has come.
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