Welcome to you all in my blog NEPALI IDEA. This is my personal blog. All ideas do not necessarily reflect and represent my other positions. -Khimlal Devkota, Faculty, ICMS, Ph.D. Scholar, Constituent Assembly Member/Senior Advocate, Board of Directors, National Legislative Academy.
Friday, October 18, 2024
Tuesday, October 1, 2024
12 Point Understanding the Background of TRC
12 Point Understanding the Background of TRC
Khimlal
Devkota
The discussion of Transitional Justice or "TRC" is at its in height again. Prime Minister KP Oli addressed the United Nations General Assembly about "TRC". In the meeting with the Secretary General, he said that we will implement it with sincerity. When he was in the opposition, he had said that Prachanda, who was the Prime Minister, was not honest during the General Secretary's visit to Nepal. But this bill was passed when Prachanda was in the opposition. While being in the opposition, Prachanda has not stuck the bill that anyone would have stuck with. Maybe it caused some trouble and it was forced to give an explanation. However, the TRC bill was passed when the Maoist opposition and UML were the prime minister, which many did not expect. It was also passed unanimously. I have started this series of articles in order to discuss about this in a serial way from the past.
It is a well-known fact
that the people's war led by the Maoist party in Nepal lasted for ten years.
During the same period, there was one crisis after another in the parliamentary
parties of that time. At this time, the monarchy was able to seize the
opportunity. The Royal Massacres (Durwar Hatyakanda) became an event that transformed
the Nepali politics of this period. After the death of King Birendra, Gyanendra
became a king and seat in throne, or Gaddinshin. The Popular opinion, who
believed the incarnation of lord Vishnu also came to the conclusion that
Gyanendra is not a king but a murderer. It was established that the real king
was killed. In this situation, the monarchy, which is said to have been
constitutionalized by the 1990s Constitution, dared to misuse of the Article
127 of the same constitution. Using this means, they dissolved the parliament,
dissolved the government and dissolved the constitution at a time. The king
himself became the chairman of the council of ministers. There was an unofficially
announced the band against to the parties. The leaders were put under house
arrest and many leaders were already in custody. It was in this environment
that the triangular power struggle between the king, the parliamentary parties
and the Maoists became two-sided after the Royal massacre. As a result,
twelve-point understanding were signed. The 12-point Understanding between the
then seven parties and CPN-Maoist, announced on 22 November 2005, stated as
follows:
|
5.
The CPN-Maoist has expressed its commitment to create an environment in which
the people and the leaders and workers of the political parties who were
dispossessed during the armed conflict can return to their respective places
with respect. Restoring unjustly occupied houses, lands, assets and allowing
them to carry out political activities of illegal obstruction. 6.
By self-evaluation and self-criticism of the mistakes and weaknesses of the
past, the CPN-Maoist has expressed its commitment not to allow mistakes and
weaknesses to happen in the future. 7. While
self-evaluating the mistakes and weaknesses made during the government and
parliament in the past, seven political parties have expressed their
commitment not to repeat such mistakes and weaknesses in the future. In section 12, a common
commitment has been expressed to investigate the incidents of inappropriate
behavior between the parties and to investigate from any side and if found
guilty, to take action and to inform publicly. |
It has been accepted that
the struggle between autocratic monarchy and democracy has reached its peak in
the historic 12 point Understanding. It has been reiterated in the same
document that it is the need of the day to resolve the 10-year-old armed
conflict through progressive political means and establish peace. Similarly, it
has been accepted for the first time that political, economic, cultural,
social, class, caste, gender and region are the main problems of Nepali
society. In order to solve this problem, it was accepted that it is necessary
to end the autocratic monarchy and re-establish democracy. In addition, it is
important to remember today that the implementation of the concept of democracy
through progressive restructuring of the state was the main purpose of the
agreement.
At that time, the seven
parties agreed to restore the parliament through the movement, hold talks with
the Maoists and hold elections for the Constituent Assembly to re-establish
democracy. The Maoists were confident that the goal could be achieved by
holding a political conference among the agitating democratic forces, forming
an interim government and holding elections for the Constituent Assembly. Even
though there were differences in the process of both parties, there was a
consensus that the people's movement was the only option to achieve this goal.
In this way, the main
goal of the 12 point understanding, which is the foundation of the people's
movement, is the end of totalitarianism. It seems that there is a consensus
that the means of this is the people's movement. In addition to this, in order
to achieve the main goal in this document, it is clear that the Maoists will
attack through people's war and the seven parties will focus their attacks
against the despotic monarchy through peaceful movement.
An agreement has been
reached to end the autocratic monarchy and establish a full democracy by creating
a storm of nationwide democratic movement against the autocratic monarchy by
concentrating the attacks of all powers from their respective positions.
In this context, along
with the peace talks, it has been allowed to criticize the behavior and behavior
of the parties in the past. Both sides promised to investigate past mistakes
and take action if found guilty, It is true. Not only this, it is also
mentioned that the parties will self-criticize their mistakes in the past and
promise not to repeat the mistakes of the past. To make it more clear, it has
been openly accepted that the Maoists and Seven Parties will self-criticize the
mistakes made in the parliament and the government during the movement.
The first priority was
the end of autocracy and the restoration of democracy in the 12 points
Understanding, which was considered as the starting point for conflict
resolution. Struggle and movement in their own way were said to be the means to
achieve that goal. This means that there was an tacit agreement that the
Maoists would be armed and the seven parties would carry out a peaceful
protest. There is no doubt about the election of the Constituent Assembly
through these two methods of agitation. Since the people's participation in the
movement is necessary and the past of the parties is not good, a commitment was
expressed to reassure the people of self-criticism of past mistakes and not to
repeat the mistakes made in the past, whether it was during the war or when
they were in the parliament or the government.
In this way, the goal of
the 12 points Understanding was the end of absolutism and the Constituent
Assembly, so as to convince the people, it was promised not to repeat the
mistakes of the past. It was said to
adopt all the necessary procedures for the success of the movement as a
priority. The condition of which was only to make the movement successful. In
the second priority, a written commitment to investigate the shortcomings and
weaknesses committed by the Maoists during the war and to investigate the
mistakes and weaknesses committed by the seven-party parliament and government
and to punish those found guilty was also made in this agreement.
According to the 12
points Understanding, the Maoist purges during the war and the terror bill issued
by the seven parties in the parliament and the government, based on that bill,
the declaration of emergency, approval and extension of the emergency period,
including the work of declaring a terrorist and setting a price for the head,
taking the head and carrying a bag full of money, etc. There was also the
matter of conducting an investigation and making public if found guilty.
This thing came in the
form of establishing the truth in the comprehensive peace agreement and
creating an atmosphere of harmony in the society. And today, the official
journey of "TRC", which is the most talked about, began. The seed of
TRC was planted in Nepal with the slogan of establishing the truth about the
events that took place during the war and creating an environment of
reconciliation in the society. Although the late Girija Prasad Koirala, one of
the heroes of the peace talks, was not like a wartime scale, he was adamant
that people should focus on making the people's movement successful and should
adopt the principle of forgetting the past and forgiving. Another hero of the
peace talks, Prachanda, himself admits that he used to argue that those who
committed excesses during the people's war should be investigated and brought
to justice. (Detailed Peace Agreement and TRC Provisions in Interim
Constitution and so on in another series)
Thursday, August 29, 2024
Friday, August 2, 2024
ठूला दलको सम्झौताले लाचार छायाँमा संविधान
गठबन्धन परिवर्तन र सरकार फेरबदल स्वाभाविक शृंखलामा देखिंदैन । यो परिघटनामा दक्षिणको दौडधुप, बिचौलियाहरूको सक्रियता र औंलामा गन्न सकिने केही नेता बाहेक अरूको रहस्यमय मौनता थप चासोको विषय भएको छ ।
२०८१ साउन १ गते ९:११
सजिलो छैन कांग्रेस–एमाले गठबन्धनलाई
हिजो यस्तै असंवैधानिक गतिविधिको विरुद्ध लोकतन्त्र र संविधान रक्षाको लागि सडकमा उत्रिएको कांग्रेस अहिले सत्ता साझेदार छ । उसका लागि यो सत्ता–यात्रा अझ बढी कठिन र अप्ठ्यारो बन्ने निश्चित छ ।
२०८१ साउन १५ गते ९:३२
Monday, June 24, 2024
Tuesday, June 4, 2024
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