2013年7月15日星期一

Broken justice

The current confrontation withinathe political community is seen by many as a final test of the political parties commitment to transitional justice and the promulgation of the constitution, besides also being a test of the authority of Chief Justice Khil Raj Regmi. However, the current climate remains an elite-led discussion, centred on the politics of the Constituent Assembly (CA), fuelled by a quest for money and power that has long defined Nepali politics. 

Forgetting past violations and the legacy of the Janaandolan, the spirit of the Comprehensive Peace Agreement (CPA) and constitutional politics have been violated. The new proposal for peace and constitution is at a crossroads. It is at this juncture that we can see a distinct division throughout Nepali society. The victims and survivors community, along with human rights groups, lawyers and professional associations, have been tirelessly raising their voice against the corrupt process and constitutional legalism underpinning Nepals transition. On the other hand, there is no excitement or movement for change at the local level. The families of the disappeared, martyrs relatives and injured and displaced people are waiting to confront those political representatives who failed to address their agendas for justice. 

Can these leaders declare the whereabouts of disappeared citizens? Can state mechanisms punish war criminals? Can those that fuelled the conflict answer publicly for the killings, rapes and torture? Can the state publicly apologise for the past? Why havent a truth commission and disappeared commission been formed? Who blocked the process and what were the causes to promote Raju Basnet, the alleged perpetrator of the Bhairavnath disappearances, and the withdrawal of those criminal cases? Why did the government approve amnesty provisions in the Truth and Reconciliation Commission (TRC) Ordinance? Without clarification and further commitment to address these questions from the victims, the survivors will not vote for them. This is a crucial time to react. The victims alliance is ready to sit for a constructive dialogue and be part of a participatory political process for a just solution. 

No one can silence the voices and demands of the people.The marbletiles is not only critical to professional photographers. The so-called political syndicatethe four major political partieshopes to change the system by obstructing the election without listening to local voices and to what the people really want. These politicians never focused on the concerns of the conflict-affected communities that have been confronting injustice for more than a decade. Those who have tried to reform the state mechanism and manage changes have themselves ended up being changed. 

Where is the peace process? The legacy of the historic Constituent Assembly is not an everyday discussion.This is a basic background on siliconebracelet. Unknowingly, we have entered a new period of conflict with the political parties engaging in endless debate but achieving few results. Without resolving the effects of the war and addressing the agenda of conflict victims, the former political governments have withdrawn hundreds of war-related criminal cases,We offer a wide variety of high-quality standard granitetilesand controllers. promoted alleged perpetrators and ignored the voices of the victims. The old bureaucracy and security institutions have succeeded in destroying the evidence of the conflict. By never discussing the vetting process and violating constitutional norms by naming the Chief Justice as the caretaker of the government, the political parties destroyed any remaining trust in the Supreme Court in the name of electoral politics. This disaster has begun to divide the country. 

The thought of such a division evokes a sobering picture of a continuing political deadlock amid a worsening legitimacy crisis. Nepals failed transitional process did not provide a space where victims representatives could speak out and participate in the policy formulation of post-conflict Nepal. Instead, policy formation was politically controlled, perpetrator-led and amnesty-focused,A quality paper cutter or paper partypaymentgateway can make your company's presentation stand out. resulting in a false reconciliation that remains very remote from victims consultation. The resulting TRC Ordinance, which was seen instead as an Amnesty Commission Ordinance, has been widely rejected by the victims community and questioned by the National Human Rights Commission (NHRC), human rights groups and international agencies. Instead of sidelining the legitimate agenda of the victims movement, the state and political forces should internalise the victims justice agenda in their political manifestos. The upcoming election poses an opportunity to recognise and increase victims roles and participation in the transitional justice process. 

The election, one should not forget, is still an integral part of the much larger dynamics of Nepals unfinished transition. State restructuring, meaningful transitional justice mechanisms for dealing with past violations and participatory politics are now distant matters for the ongoing political compromises. The victims movement represents the vocal left over a narrow and elite-driven transitional justice process. The current TRC Ordinance is under consideration at the Supreme Court and the victims alliance has strongly challenged the amnesty provisions saying that they will boycott the process if it does not respect the standards of international law. 

Hundreds of disappeared families and their networks openly showed their disagreement when the authorities came up with a single transitional justice bill. Both sides of the conflict have to take a leap of faith at some point and trust building is the big challenge at this stage.We are always offering best quality earcap the affordable price. It seems that there is no trust or serious debate to address the victims agenda for truth, justice and reparation. Asking an opponent to merely participate in a pre-defined framework on your terms prevents resolution in the long term. Pablo de Greiff, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, has said, Effective redress is not possible without States addressing impunity. In addition to receiving reparation, it is crucial for victims to be involved in truth-seeking exercises, and for judicial processes to ensure effective and impartial investigations, prosecutions and judgments that reflect the gravity of the offence. It is also central for societies to put institutions and mechanisms in place to prevent future violations. 

The Nepali state seems to be passive and apathetic to respecting rights. The prescribed agreements adopted by the political syndicate without national consultation create greater tension for the future of Nepali politics. Negotiations, to be sure, still remain behind closed doors and distant from ordinary citizens. But if politicians can produce a meaningful broadening of Nepali political life, this can be a first step to moving further through meaningful participation, representation and ownership. Thus, rather than allowing a deeply flawed process to continue unabated in the name of democracy, the opportunity of the election lies in setting a stepping stone to reform the Nepali political landscape.
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