After the historical popular movement, Nepal is going through a transition to democracy in Nepal. Here is a list of agenda for change and transitional justice:
By Gopal Krishna Siwakoti, PhD
1. Political Agenda
· Declare election for unconditional constituent assembly with reasonable time frame (maximum 15 months recommended).
· Declare ceasefire and establish monitoring mechanism in collaboration with civil society organizations, withdraw red corner notice and cases filed against the rebel leaders (Form a powerful consensus-based interim government including the Maoists to conduct long-cherished election for the constituent assembly.
· Send the Royal Nepalese Army and the Armed Police Force back to the barrack.
· Dismantle the Privy Council and other undemocratic institutions and dismiss all diplomatic appointments of the royal regime after October 4, 2002.
· Scrap the 1990 Constitution and promulgate an Interim Authority Statute for day-to-day activities.
· Reinstate the dissolved local self-government for day-to-day functioning till the date of the formal announcement of the election for the constituent assembly.
2. Human Rights Agenda
· Release all prisoners of conscience/political prisoners unconditionally, including the Maoists leaders (pending the verdict through the transitional justice procedure).
· Impose immediate domestic sanction on the alleged perpetrators of suppressing popular movement by ceasing passport, banning international travel and keeping strong scrutiny to ensure that the wrong-doers will not be let scott-free.
· Urge the international community to impose smart sanction (travel ban, bank accounts freeze and prohibition in joining UN peacekeeping mission) to those perpetrators as identified, named and shamed by people in the course of popular movement.
· Ratify the Rome Statute of the International Criminal Court and other vital international human rights instruments and humanitarian law (e.g. Second Optional Protocol to Geneva Conventions).
· Establish a high level commission to investigate the whereabouts of the persons who were forcibly/involuntarily disappeared since February 1990.
· Institute an independent powerful inquiry commission with judicial authority to undertake initiatives for 1) Truth and Reconciliation ii) Human Rights Violations iii) Amnesty and forgiveness , and iv) Reparation and Rehabilitation
· Repeal all ordinances, directives, rules, regulations and codes promulgated since October 4, 2002 to pave the way for rule of law.
· Expand the mandate, authority and the duration of the OHCHR for its successful operation to effectively address the changing political and human rights context.
3. Humanitarian Agenda
* Formulate a National Policy on Internal Displacement in compliance with the UN Guiding Principles by instantly repealing the recently enacted one.
* Form a transitional commission for disarmament, demobilization and rehabilitation (DDR) of belligerents/child soldiers in cooperation with international experts.
* Conclude a bi-lateral agreement with India for safe and dignified return as well as restitution of property of those refugees fled in the course of conflict.
* Expedite dialogue with the countries of origin for the amicable solution of the refugee crisis including the longstanding Bhutanese refugee stalemate.
* Ratify the Convention Relating to the Status of Refugees, 1951 and enact a national legislation to address refugee problem.
* Initiate a psycho-social counseling package for the trauma survivors, families, friends and community.
4. Peacebuilding Agenda
· Reorganize, equip and activate the Peace Secretariat for its effective functioning towards facilitating and enhancing peace process.
· Constitute a high level ‘Negotiation Panel’ in consultation with the UN Peacebuilding Commission to initiate dialogue with the Maoists based on the 12 point consensus and expedite dialogue with the CPN (Maoist) on the common framework of the constituent assembly.
· Establish a think tank panel of experts to provide candid and expertly recommendations to the government in exploring lasting peace.
· Advance the process of hosting international election monitoring mission to work in collaboration with domestic observers to ensure free, fair and peaceful election.
· Solicit direct involvement of the United Nations or other credible international body as guarantor(s) as well as mediation and supervision of disarmament and demobilisation process of the Maoists cadres.
· Amend the existing laws, regulations and procedures for all security organs immediately to match their conduct in the changing context and also to minimize the potential risk of regression during transition.
5. Impunity Agenda
* Immediately suspend the heads of all security organs and head of intelligence and take appropriate actions through the proposed impunity Commission.
* Facilitate human rights organizations and the OHCHR to carry out their legitimate activities monitoring and documentation of rights violation without any hindrances.
* Prosecute all perpetrators, whoever and wherever he/she is, on the domestic level through the proposed Commission, or in a hybrid internationalized court, or in ICC (depending on the nature of crime committed).
* Establish the truth about the past through appropriate national endeavors. This may include, compiling victims’ testimonials or oral histories, supporting the work of forensic anthropologists in determining the exact nature of victims’ deaths, or exhuming the bodies of those killed.
* Establish recovery policies that take into account the requirements of, or moral obligations to, the victims/survivors, including economic compensation as well as a variety of physical and mental health programs and education benefits.
* Honor the victims through a series of measures, including consulting with victims/families/communities to develop memorials, museums, monuments and of memoir souvenirs as well as converting public spaces such as former detention camps into memorial parks or democracy study centers.
* Develop reconciliation initiatives, such as working with victims to determine what they require in order to experience healing and closure, and forging peaceful coexistence among former adversaries without sacrificing justice and accountability for perpetrators.
* Reform institutions that have a history of abusive behavior, including, RNA and the police, in order to prevent future patterns of abuse and establish state-society relationships based on functioning and fair institutions.
Siwakoti is the President of INHURED International, a human rights organization based in Lalitpur, Nepal. He could be contacted at email@example.com. INHURED International advocates for zero tolerance to impunity!