Challenges of Peace and Justice in the
Context of Nepal
Govind Prasad
Thapa, Ph.D.
Additional IGP (Retd)
Background
“Peace is not merely the absence of war
but the presence of justice, of law, of order – in short, of government.”
Albert Einstein[1]
Nepal is a country of diverse races, ethnicities,
languages, religions, and cultures. According to the National Census 2021, the
number of castes and ethnic groups in Nepal has increased to 142, The 2011
census recorded 125 ethnic groups. Of them, Chhetris comprise 16.45 percent of
the population, Brahmans-Hill 11.29 percent, Magars 6.9 percent, Tharus 6.2
percent, Tamangs 5.62 percent, and Biswokarma 5.04 percent. The number of
mother tongues now stands at 124 and the number of religions followed in the country
is 10.
The Statistics Bureau reports 124 languages have been
listed while categorizing 12 foreign languages as ‘other’ due to the very small
number of speakers of the languages. It has also added 13 new languages. Nepal
had recorded 123 languages in the previous census. There might be some migrants
from places like Bhutan, Tibet, Burma, Manipur of India etc. We all feel proud
of being Nepali with so many diverse groups of people living together
peacefully. It is often hyped as “Unity in Diversity.”
The ancient Malla rulers of Nepal adopted a
Hinduism-based caste hierarchy system in which Brahmin (Priest) and Chhetri
(Warriors) were highest in the order, followed by the Vaishya (traders,
farmers, and other skilled and unskilled workers), and Sudras/Dalits
(untouchables and workers performing menial tasks). The kings that came after
continued the same caste hierarchy resulting in social exclusion of the two
groups that came lower in the order. This kind of classification has actually
helped fuel the hatred, enmity, and conflicts among the people in the
societies.
Maoists signed
a peace deal to end a 10-year civil war that claimed more than 17,000 lives,
laying down their arms and entering politics with a promise to bring change to
the deeply feudal country. The peace agreement hastened the end of a
240-year-old Hindu monarchy and transformed Nepal into a secular republic, and
with it came hope that a new constitution would heal the deep splits in the
impoverished Himalayan nation. But Nepal has since shuffled through nine
governments, mostly brittle coalitions, as political infighting has thwarted
reconciliation and left victims of the bloody insurgency doubtful that they
will ever see justice. This article aims to look at the environment of the
peace and justice in Nepal that Maoist promised to improve while launching
insurgency.
Understanding the Concept of Peace
"Peace" is the cessation of violent
conflict. For the purpose of politics, peace may mean ‘a state of quiet or
tranquility, an absence of disturbance or agitation. From the societal angle,
peace can also be described as the relationship among people characterized by ‘respect,
justice and goodwill’. From individual perspectives ‘Peace’ can also describe
inner calmness, serenity, and silence. Let’s have a look at some quotes from
the harbingers of the peace around the world.
According to Albert Einstein, “Peace is not merely the
absence of war but the presence of justice, of law, of order – in short, of
government.”[2]
Gandhi advocated that “the arms are powerless when
matched against the force of the highest order. Non-violence is the greatest force at the disposal of
mankind. It is mightier than the mightiest weapon of destruction devised by the
ingenuity of man.”[3]
Martin Luther King, Jr., a famous human rights
activist is the one who was not satisfied with the definition of peace focusing
only on the absence of unhappy situations. In his view, peace must include
justice in society too as in his saying “True peace is not merely the absence of
tension: It is the presence of justice.”[4]
His Holiness, the 14th Dalai Lama, said, “Peace, in
the sense of the absence of war, is of little value…peace can only last where
human rights are respected, where people are fed, and where individuals and
nations are free.”[5]
His Holiness has also warned the world by saying, “We
are facing problems because people are concentrating only on their short-term,
selfish interests, not thinking of the entire human family. They are not
thinking of the earth and the long-term effects on universal life as a whole.”[6]
Baruch Spinoza (1632-1677), one of the famous
philosophers in the second half of the 17th century gave his point of view on
peace that “Peace is not an absence of war, it is a virtue, a state of mind, a
disposition for benevolence, confidence and justice.”[7]
He gave importance to the virtue and a state of mind.
Jawaharlal Nehru (1889-1964) emphasized peace in the
sense of a state of mind. Here is his view, “Peace is not a relationship of
nations. It is a condition of mind brought about by a serenity of soul. Peace
is not merely the absence of war. It is also a state of mind. Lasting peace can
come only to peaceful people.”[8]
According to Johan Gultung, a Norwegian peace scholar,
the terms ‘peace’ and ‘violence’ are linked, therefore peace is the absence of
violence and should be used as a social goal. Gultung further stated, “Negative
peace, which is defined by the absence of war and violence, and positive
peace, which is defined by a more lasting peace, built on sustainable
investments in economic development and institutions as well as the societal
attitudes that foster peace.”[9]
According to the definitions or the explanations of
Wikipedia encyclopedia “Peace is a concept of societal friendship and
harmony in the absence of hostility and violence. In a social sense, peace is
commonly used to mean a lack of conflict (such as war) and freedom from fear of
violence between individuals or groups.”[10]
Black’s Law Dictionary defines peace as: “state and
sense of safety which is necessary to the comfort and happiness of every
citizen, and which government is instituted to ensure. Peace is often
characterized as a state of tranquility– a utopia free from conflict.”[11]
From the views of all peace lovers, we can say that
Peace is a non-violent way of life. Peace is the cessation of violent conflict.
Peace can mean a state of quiet or tranquility— an absence of disturbance or
agitation. Peace can also describe a relationship between people to people,
soul to soul, characterized by respect, justice and goodwill.
The psychology of embracing weaponry for ruling the
world has certainly invited more pains and problems. We can feel the pain of
people of Ukraine because of the recent war. This is also evident from the
classic example of Nepal army and Maoists’ clamor for arms during the decade
long bloody insurgency which took more than seventeen thousand lives. Even
after the ‘achievement’ of the demands of ‘quota of sacrifice’ by the armed
political revolution, the ultimate solution to the problem, at the end, has
been nothing but the peaceful means. The loss of the lives and infrastructures
could have been avoided if we had opted for peaceful ways and means of response
to the demands of unequal people—which the Maoists claimed to stand for.
Needless to say, peace is the spinal column of the development.
Peace is found when you reach out and make an effort to understand and embrace
someone who is different from you. Peace is not simply a matter of living a
quiet, detached or carefree life. Peace exists in action--courageously,
nonviolently fighting against the injustice that makes people suffer.
Understanding the Concept of Justice
Justice, in its broadest sense, is
the concept that individuals are to be treated in a manner that is equitable
and fair. To achieve justice, individuals should receive that which they
deserve, with the interpretation of what "deserve" means, in turn,
drawing on numerous viewpoints and perspectives, including fields like ethics,
rationality, law, religion, equity and fairness.
The state may be said to pursue justice by
operating courts and enforcing their rulings. Justice is the concept
of moral rightness based on ethics, rationality, law, natural law, religion,
fairness, or equity. Justice concerns itself with the proper ordering of things
and people within a society. As a concept it has been subject to legal,
philosophical, and theological reflection and debate throughout our history.
According to most contemporary theories of justice, justice is overwhelmingly
important. John Rawls claims that "Justice is the first virtue of social
institutions, as truth is of systems of thought."[12]
For Plato, “Justice is a
part of human virtue and the bond, which joins man together in society. It is
the identical quality that makes good and social. Justice is an order and duty
of the parts of the soul, it is to the soul as health is to the body. Plato
says that justice is not mere strength, but it is a harmonious strength.
Justice is not the right of the stronger but the effective harmony of the
whole. All moral conceptions revolve around the good of the whole individual as
well as society.”[13]
Black’s Law Dictionary
defines justice, as “Proper administration of laws. In jurisprudence the
constant and perpetual disposition of legal matters or dispute to render every
man his due,”[14]
Wikipedia defines
justice as: “Justice is a concept on ethics and law that
means that people behave in a way that is fair, equal and balanced for everyone.”[15]
Aristotle views justice as an important virtue in the
ideal state since it aims for the common interest of a community. He argues for
two distinct virtues: general and special justice. “General justice is
concerned with the good of others, specifically the common good of the
political community. Special justice is concerned with equality and fairness,
and the avoidance of pleonexia — greedy encroachment of the goods justly
assigned to others.”[16]
Human rights are basic rights and freedoms that all
people are entitled to regardless of nationality, sex, national or ethnic
origin, race, religion, language, or other status. Human rights are conceived
as universal and unrestricted, with all people having equal rights by virtue of
being human. Justice also refers to concepts of fairness, equality, moral
behavior, lawfulness, and order in society. These rights may exist as natural
rights or as legal rights, in both national and international law. The right to
use these human rights is justice to the individuals.
Understanding Conflicts
Nelson Mandela’s famous advice to Northern Irish
politicians is very practical when he says “You don’t make peace by talking to
your friends; you have to make peace with your enemies.”[17]
Cambridge Dictionary defines conflict as a “an
active disagreement between people, with opposing opinions or principles.”[18] Conflict therefore could
be seen as the absence of peace. Conflicts arise as people interact in their
families, workplace, offices, social clubs, communities and countries.
Conflict arises from differences, both large and
small. It occurs whenever people disagree over their values, motivations,
perceptions, ideas, or desires. Sometimes these differences appear insignificant,
but when a conflict triggers strong feelings, a deep personal need is often at
the core of the problem. Bullying, discrimination, and harassment are much
more serious examples of conflict situations in the workplace. Sometimes the
outcome of the conflicts may not be negative only; it can be positive also, in
other words: “disagree to agree”.
Conflict is a type of social interaction in which
two or more people or organizations deliberately try to thwart each other's
objectives or to defeat, harm, or even destroy the adversary. Conflict, then,
is an extremely intense form of competitiveness that also involves force or
violence. One of the important facts is that social factors apart from economic
factors also correlate with conflict.
The challenges for peace and justice in Nepal
Nepal is ranked one of the world's poorest countries.
Nepali people are dealing with problems of societal discrimination, violence
due to marginalization and gender issues are marked with human rights
violations. The worsening political, justice, and economic status of the
country are shattering the spirits of the people. The untamed poverty, job
scarcity, high taxes, inflation, food and water scarcity, including systemic corruption,
inflation, rising impunity to politicians and their henchmen for their crimes, ever-rising
human rights violations, and failures of the governments to address these
social criminalities are stark examples of challenges and problems for durable peace
and justice in Nepal.
Although we Nepali people feel proud of having over
one hundred different ethnic groups living together, over a hundred languages
and cultures, and most of the world’s highest mountains; on the other side, sadly,
Nepal’s past history is replete with treason, rebellions, bloodsheds, and
scandals. The most dreadful bloodsheds in the past were Bhandarkhal Parba, Kot
Parba, and Alau Parba amongst many others. The last examples of the bloodshed
were the Maoist insurgency and murder of the King Birendra Bir Bikram Shah and
his family members. The intra-ethnicity hostilities among the different
indigenous ethnic people and other castes, like Hindu, Muslim, Aadibasi Janjati
are examples of the threats to peace and harmony in Nepal.
Maoists started protests for political renovation with
40 socio-economic, political, and cultural demands. Of the 40-point demand,
seven were related to nationalism, 13 were political, 13 economic, and seven
socio-cultural. Among them, five demands, viz, ethnic autonomy, devolution,
secular state, end of ethnic oppression, and equality of languages, are in
consonance with the Janjatis agenda (Gurung, 2005).[19]
The government had turned deaf ears towards these demands.
The armed conflict
began on 13 February
1996, when
the CPN (Maoist) initiated an insurgency with
the stated purpose of overthrowing the Nepalese monarchy and establishing a
people's republic; it ended with the signing of the Comprehensive Peace Accord
on 21 November 2006. Consecutively,
parliament proclaimed Nepal to be a federal democratic republic, ending the
240-year-old Hindu monarchy.
It is interesting that P.K. Dahal (Prachanda), now
heading the government, has forgotten all those demands. The immediate priorities should have been the prosecutions
of the most serious crimes, the investigation of disappearances, and action to
vet state and Maoist security force members. It appears now that no political
party is raising the demands for these human rights issues.
Nepal has failed to address the
systematic crimes committed during Nepal’s ten-year civil war is threatening
the peace process. There has been not a single prosecution in civilian courts
for any abuses. Poor public security, the
naturalization of violence as a political tool, the inability of watchdog
institutions to monitor effectively, and the government's failure to take legal
action have all contributed to growing impunity. The
cultures of impunity that enabled the crimes in the first place have remained
intact, further increasing public distrust and incentives to resort to
violence. The impunity of the politicians and their henchmen, the public
distrust of the politicians, and the instability of the government are some of
the challenges and problems of peace and justice in Nepal.
Over 17 thousands of people died and thousands
other injured during the ten years of bloody insurgency. The CPA accord has been undermined by the government
to address the systemic crimes committed during the country’s armed
conflict. Ian Martin, UN official, had
said, “I think there are many victims' groups that are entitled to feel that
during the election their own concerns brought little attention,' he said,
listing a number of issues to be addressed: including 'compensation to victims,
investigation into disappearances, the return of property and the return of
internally displaced persons.”[20]
The execution of the CPA has been stalled without any efforts until this date.
The victims of the civil war still suffer without any justice.
The root causes of conflict in Nepal had been the lust
for power and the lure of money. Even ancient history details the most barbaric
details of insidious tug of war for political power. Social discrimination, exclusion,
and marginalization besides poverty,
unemployment, and illiteracy are other primary causes. The women and
marginalized ethnic communities, Dalits, and Muslims have been worst hit by
these situations. Social conflicts are provoked by different religions and
cultures, different languages, socio-economic reasons, unfair access to resources,
and contradictions between society and government structures. The women are particularly susceptible to
poverty and suffering and experience direct physical violence. The failure of
the government to solve its multi-dimension problems is like boiling
lava--unsure of its time, but sure to explode one day.
Recommendations for the Peace and Justice in Nepal
Several positive political changes have taken place in Nepal. We have seen
changes in the state structure and system. However, the fact is that we have
not been able to change the character and mindset of the society. It is evident
through the caste discrimination, exclusion, injustice, and atrocities on
Dalits and other minor ethnic groups of Nepal. This kind of mindset has been
responsible for igniting the violence in Nepal. The latest example of the Koshi
Pradesh incident of protest for the naming of the province with the spirit of
identity was met with stern state reactions. Consequently, one person was
killed in the event of protest. The problems have not solved, but severed.
We have witnessed the Madhesh agitation due to the unequal treatment of the Madheshi people. In a country hosting multiethnic people and religions, the chances of erupting conflicts are high. The social inclusion in Nepal has become an agenda for state transformation. It is an accepted norm that there should be a contest among social groups for power-sharing but there should not be systemic coercion, exclusion, marginalization, or hatred towards any race or ethnic group. Inclusion, respect for identity, and representation are essential elements for avoiding conflicts and harboring long-term peace.
Bishnu Sapkota writes, “One of the key weaknesses of Nepal’s peace structures is that they have often lacked a coherent approach for effective coordination. The absence of political will to create the NPRC was a significant blow to the entire process since it undermined the role of the LPCs. The NPRC should have been a neutral and, hence, legitimate body to monitor the CPA, and even interpret it, if required. An inclusive Consultative Committee comprising political and civil society actors that had been formed to advise the MoPR also succumbed to political affiliation and was rendered similarly ineffective.”[21] Nepal needs to concentrate on some important steps to prevent and neutralize conflicts in the days to come.
1. Maintain Social Harmony
In a state where it is characterized by ‘unity in diversity’ because of multiple religions and cultures are practiced; social harmony must be maintained in the society for the peace and development. Often, the spirits of the Constitution are shattered at the public level. For example, Ministry of Home Affairs, Nepal Police registered 39 cases of caste-based discrimination in fiscal 2020-21 compared to 29 in the previous fiscal year.[22] We have seen numerous people killed when Hindu-Muslim riots in Rauthat, Nepalgunj, and Kapilvastu over the issues of politics and religious practices. Such behaviors of public will ruin the atmosphere of coexistent and thus mar the unity and stability in the society.
For social justice in diverse society the government should work with the spirit of the Constitution. The peace, justice can be obtained through some combined efforts to improve the economic, social, and political status of all the castes and ethnic groups of Nepal. Justice and peace encourages individual and collective action by citizens as actors in society for the promotion of peace and justice in the world. It seeks to strengthen citizen responsibility and participation, both locally and globally.
2. End the persistent impunity
The
crimes and human rights violations must be addressed to re-establish justice,
public security, and law and order. This is a time for all political parties to
show that they have the political will to bring justice to those responsible
for human rights violations, and not intervene in the investigations as they
are accustomed to protecting their own supporters. The political leaders and
their henchmen are enjoying impunity. It should be stopped and the rule of law
should prevail. The crimes and human rights violations must be addressed to
re-establish justice, public security, and law and order.
3. Education on Peace and Justice
Peace and justice are inseparable from social and
economic growth. Currently, peace
education remains marginalized in our education system, however, a united front
can be formed and powerful paradigms can empower educators to play a critical
role in peace-building through scholarship, practice, and activism. Indeed,
educators around the world are developing effective strategies to transform
education into a powerful force for global peace.
4.
Implementation of Comprehensive Peace Agreement
The lack of interest in monitoring, non-implementation
of the provisions of the Comprehensive Peace Agreement, non-execution of
agreements signed, failure in law and order situations, and indifference
towards owning the peace process are the major weaknesses of the government. Institutionalizing
peace and democracy through the meaningful conclusions of the peace process are
still the call of the people and time.
5. Monitoring the conflicts
Just because a solution has been identified
and addressed doesn't mean the conflicts will just go away. Regular follow-up
is necessary. If the solution didn't work, or wasn't the right resolution for
the situation, make sure to be proactive in working with both parties to
readjust expectations, identify alternative solutions, and continue their
dialogue to create a positive and healthy work environment. Charles F. Dambach
points out that “the growing pressure from expanding and migrating populations,
as well as dramatic changes in climates and shrinking access to water, could
trigger new waves of violence on a global scale. We must find ways to resolve
these conflicts at the negotiating table. If not, the battlefields could
expand, and death and destruction may become catastrophic.”[23]
Conclusion
The long transition from monarchy to federalism has
yet to produce stable and cohesive governance with broad-based public support.
The safety, security, and prosperity of all should be protected. The failure to
adhere to the basic norms of democracy and non-violent conflict resolution
continues to encourage hostility. The persistent lack of political stability
and intermittent outbreaks of substantial violence have attracted the concern
and attention of the international community.
Amongst other factors, bearing in mind the changing
correlation of forces, the political and military détente must be recognized as
basic elements of peace and must be assembled in an adequate relationship to
each other. The increasing economic and scientific cooperation between the systems
has an important role to play in this respect. In order to create the
conditions for lasting peace, hostile class structures have to be stopped.
Finally, what do these insights about the definition
of “peace” mean for peacemakers, and peace educators generally, in the 21st
Century? “We think they mean first that peacemakers must stress that the
long-range goal of peace education should be the elimination of war as a method
of resolving disputes.”[24]
Black’s Law of Dictionary, Sixth Edition, St. Paul Minnesota West, Publishing Co., 1990, Cambridge Dictionary, Constitution of Nepal, 2015
Charles F. Dambach, Building pathways to peace, Hari Bansh Jha (Edit), Peacebuilding in Nepal, Centre for Economic and Technical Studies, Friedrich-Ebert-Stiftung &Alliance for Peacebuilding, 2012
ILO,
NEFIN and NFDIN, Kathmandu, January 19-20, 2005.
Lindsay Friedman, The Conflict in Nepal, Shtrii Shakti, 2005
Mani Nepal, Alok K. Bohra, Kishore Gawande, More Inequality More Killings: The
Maoist Insurgency in Nepal, American Journal of Political Science, Vol. 55, No.
4 (Oct 20011)
P. Aarne Vesilind, Peace engineering: when personal values and engineering
careers converge, (USA: Lakeshore Press, 2005)
[1] On Peace, https://www.goodreads.com/quotes/729410
[2] P. Aarne
Vesilind, Peace engineering: when personal values and engineering careers
converge, (USA: Lakeshore Press, 2005), p. 43.
[3]
https://www.mkgandhi.org/momgandhi/chap22.htm
[4] Coretta Scott
Kin, The Words of Martin Luther King, Jr., Newmarket Press, 2008, p. 83
[5]
https://simple.wikipedia.org/wiki/Peace
[6]
https://www.dalailama.com/messages/world-peace/a-human-approach-to-world-peace
[7]
https://philosiblog.com/2012/01/02/for-peace-is-not-mere-absence-of-war-but-is-a-virtue-that-springs-from-a-state-of-mind-a-disposition-for-benevolence-confidence-justice/
[8]
https://www.brainyquote.com/quotes/jawaharlal_nehru_395486
[9]
https://www.visionofhumanity.org/introducing-the-concept-of-peace/
[10]
https://en.wikipedia.org/wiki/Peace
[11] Black’s Law of
Dictionary, Sixth Edition, St. Paul Minnesota West, Publishing Co., 1990
[12] John Rawls, A
Theory of Justice (revised edn, Oxford: Oxford University Press, 1999), p. 3
[13] Bhandari,
https://www.bu.edu/wcp/Papers/Anci/AnciBhan.htm
[14] Black’s Law
Dictionary, Sixth Edition, St. Paul Minn, West Publishing Co., 1990.
[15]
https://simple.wikipedia.org/wiki/Justice
[16]
https://academic.oup.com/book/27027/chapter-abstract/196307434?redirectedFrom=fulltext
[17] Peter Harris and
Ben Reilly, Democracy and Deep-Rooted Conflict: Options for Negotiators,
International Institute for Democracy and Election (IDEA), P. 69
[18]
https://dictionary.cambridge.org/us/dictionary/english/conflict
[19] Gurung(2005)
Social Exclusion and the Maoist Insurgency, paper presented at in the National
Dialogue
Conference on Promotion of ILO Convention No. 169 on indigenous and tribal
peoples
(1989) and Peace-building in Nepal, organized by ILO, NEFIN and NFDIN,
Kathmandu,
January 19-20, 2005.
[20]
https://reliefweb.int/report/nepal/major-milestone-challenges-ahead-nepals-peace-process
[21]
https://rc-services-assets.s3.eu-west-1.amazonaws.com/s3fs-public/ArchitectureOfPeaceInNepal.pdf
[22]
https://thehimalayantimes.com/nepal/39-cases-of-caste-based-discrimination
[23] Charles F. Dambach, Building pathways to peace,
Peacebuilding in Nepal, 2011
[24] The Nature of
Peace and Its Implications for Peace Education1 Leo R. Sandy and Ray Perkins,
Jr.
