The third largest party, CPN (Maoist Center), has been the beneficiary of the coalition government of the Nepali Congress and CPN-UML, two largest parties in federal parliament. The coalition government has created a conducive environment to resolve long pending issues of transitional justice–the issue that had become a major headache for the Maoist party. Maoist Center had not been able to pass the law as per the directive of the Supreme Court and by addressing the legitimate concerns raised by the international community while the party was in power.
The complexity around the bill to amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act appears to have been removed now. The UML and Congress have tried to project it as their major achievement. But the real beneficiary of this breakthrough on the TRC bill is the Maoist Center in general and Maoist leader Pushpa Kamal Dahal ‘Prachanda’ in particular. Prachanda must be breathing a sigh of relief with this breakthrough.
When UML chair KP Sharma Oli and Congress President Sher Bahadur Deuba came together to oust Pushpa Kamal Dahal from power, many thought it marked the end of Prachanda’s political career–especially his politics of experiment (or opportunism). It appeared that Prachanda’s party, with 32 seats in federal parliament, would never return to state power. Rank and file in Maoist party also appeared to be disappointed and hopeless. It was also said that Prachanda had lost the bargaining power and he would never be a decisive factor in national politics.
In politics, losers sometimes win and winners lose, both outcomes have to be accepted normally. Sometimes the game of politics does not result in the outcome that one expects. This is the reason why politics is often said to be the practice beyond speculations and expectations. Predicament is accepted naturally.
The ball of TRC law had been stuck in the court of CPN-UML for the last 12 to 15 years. But now, after the UML reached the corridor of power, it has lost the ball to the ground of Maoist Canter. Maoists were perceived by the international community as the force opposed to peace, and human rights and a force that supported violence. The passage of the TRC bill has offered an opportunity to free the Maoists from such allegations and perceptions. Maoists should be thankful to the Oli-Deuba coalition government for this. Maoists have secured an achievement that it never thought it would ever achieve.
Even though the party is out of power now, it has found a new opportunity to take the peace process forward. It has freed Prachanda from one big crisis. Now the TRC process has made it possible for him to round the world freely and fearlessly.
However, a number of victims and human rights defenders are not satisfied with the provisions in the TRC bill. They have expressed dissent by saying that the TRC law does not help resolve the pending issues of transitional justice in a just way. Actually, some serious flaws that sought to curtail the right to justice which were there in the third amendment to the TRC bill still remain. There are grievances that the definition and classifications of ‘human rights violations’ and ‘serious violation of human rights’ are not in line with international human rights laws and international conventions. The provision to reduce punishment in an illegal way to the perpetrator has been decried as regressive.
Despite these criticisms, it can be expected that the court might not challenge the current TRC bill because to some extent it has accommodated the established precedents of the Supreme Court. Nobody disagrees with the fact that the perpetrator of a heinous crime should be held accountable as per the criminal law. But in the context of Nepal, the peace process after the end of the conflict has dragged on for the longest time and establishing the truth about the conflict and ensuring reconciliation between the conflicting parties and sides has also taken a long time.
In this context, the agreement between the political parties to resolve the outstanding transitional justice issues should be taken as an opportunity. This may lead to the solutions of the problem. Fueling disputes will never help resolve the transitional justice issue. It would be a mature move for the civil society to facilitate resolution of transitional justice issues while at the same time continuing with the campaigns to hold the political parties to the cause of human rights.
It is really challenging to bring out the truth about the human rights violations during the conflict era. It requires bold and unbiased research, which requires competency and commitment. At the same time, the Commission to resolve transitional justice issues should also be so trusted and reliable that it can facilitate reconciliation between the parties in conflict. It is in this respect that political parties’ conscience will be tested. Maoist leadership, in this context, needs to demonstrate creative and competent skills. If new controversies surface during the time of formation of Commissions, the euphoria and excitement generated by the agreement among the political parties might be short-lived. Political parties and leaders need to appoint competent and qualified individuals as the commissioners and officials of the Commissions. They should not make it a subject of political trade off. The end of the TRC law will be justified only if it translates into pragmatic actions and accomplishments.
When the truth and reconciliation process meaningfully concludes, it will give an occasion for Pushpa Kamal Dahal Prachanda to bring out the largest victory rally. Late Girija Prasad Koirala, who was his counterpart in the peace process, will find some solace in heaven. And the world will recognize Nepal as a success story in ending the peace process. It will also enhance Nepal’s standing in the world. Maoist party, which was in the government for 14 years in the 17 years since it joined mainstream politics, may have enjoyed the fruits of power but it had not been able to achieve victory in politics. Now it has achieved an unexpected political victory. Now Prachanda needs to demonstrate patience and competence to utilize this achievement as life’s precious capital.
Dahal is the executive chief of Freedom Forum.
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