Perspective (Spotlight Weekly)

A Culture of Human Rights!!! All Summer Stories, You might Say

By BIPIN ADHIKARI

During the mid-July, the Military Court in Kathmandu sentenced Gyan Bahadur Tharu, a Royal Nepal Army (RNA) soldier, to seven years of imprisonment. Tharu was charged of killing Bhoj Bahadur Karki and his son, residents of Manpur Koili village in Bardiya district. Tharu had shot the Karki duo to death in the second week of January 2003. The Court also had pronounced on demotion of the commanding officer of the RNA contingent, in which Tharu served, to a lower position.

The action against Tharu followed an investigation report, which led to finding him of killing the Karki father and son on personal grudge. The Defense Ministry, immediately after the incident, had claimed that two Maoist rebels were killed in the encounter. The army source also pointed out that a three-month imprisonment was passed on another army jawan who was charged of killing Kanchha Dangol near Tokha, an adjacent village in northern Kathmandu. At that time, the people were also informed that the RNA was carrying out investigation on 10 serious cases of human rights violations. If that was not just a good summer story, all concerned must appreciate the good start.

Although the public is not yet informed on what is the current status of these cases, and how the violators are being tried, the RNA has once again constituted a Court of Enquiry to investigate what happened in Doramba, the Ramecchap village, and who were responsible for it.

According to the report of the National Human Rights Commission, on August 17, the army encircled the house of Yubaraj Moktan at Daduwa VDC and arrested 19 Maoists who were deliberating there at around 10.30 in the morning, while one was killed by its firing and several others became successful to run away. Those arrested people were taken by the army in their possession, and led on foot to a place called Dada-Kateri about two to three hours walking distance from Daduwa VDC. They all were killed there indiscriminately. The Commission, upon investigation of exhumated bodies, and on the spot scrutiny, found that the army in cold blood gunned down these armless Maoist captives, while in their absolute possession and control.

The criminal occurrence was not only violative of the law of the land, but also the Common Article 3 of the Geneva War Conventions. The initial reports of the army described these indiscriminate killing as encounter deaths. The decision of the army high command to constitute the Court of Enquiry came only after the National Human Rights Commission requested Prime Minister Surya Bahadur Thapa to immediately order the army to conduct further official inquiry on the criminal occurrence at Ramecchap; offer necessary victim assistance; court martial the offenders; and warn the security system not to repeat this type of criminal occurrence anymore.

Whether the Court of Enquiry is really going to be pursued, or it is just a face saving feat is yet to be seen, but there is no doubt that the culture of impunity in the state system means a loss on the moral strength of the state, which has the responsibility to protect all according to the value system said to be paramount in the Constitution and laws of the country. It is a challenge for any army facing internal armed insurgency of this type to ensure reasonable responses to massive human rights violations. But it must always be honest in its nerves and attempts. The country is facing a sharp increase in army operation with little training on human rights concerns. This is something that everybody knows.

Faced with extended deployments amid the rebel attacks, danger, and massive and long-term uncertainty, with no end in sight, there is no doubt that the level of morale for most soldiers is likely to hit rock bottom. One can understand the impact of this high pace of operations on the mental health of soldiers and families. The cumulative effect of the long work hours and use and repeated operations are big issues, and soldiers must be concerned about it. Their concern over the absence of pay increase is also not new. The constantly shifting security bases, timetables and operation patterns also reduce confidence in the leadership. Security threats, harsh working conditions, and, for some soldiers, waiting and boredom gradually continue to erode spirits. Standing with the human rights norms might be irritating in these situations. But these conditions should not be taken as excuse for dispensing with the human rights obligations of the Royal Nepal Army which is a constitutional entity.

An offender must always be punished for the offence that s/he has committed. Impunity anywhere in the state system destroys the prospect of enforcement of human rights everywhere. Therefore, what is needed is a culture of human rights, which goes beyond interesting summer stories.

[Adhikari is a lawyer. He may be accessed at human_rights_Nepal@yahoo.co.uk]