While the peace dialogue is moving slowly, reports of abductions, forced donations, administration of justice through people’s courts and killings are on the rise. No doubt, the five-point agreement reached between the government and the Maoists has brought the peace process again on track as it covers almost all issues suggested by Staffen de Mistura in Kathmandu recently, who returned empty-handed because of lack of unanimity between the two sides on the management of arms and armies. Now it includes human rights monitoring through the Office of the High Commissioner for Human Rights in Nepal, monitoring code of conduct during ceasefire, observing the elections to Constituent Assembly, apart from the Nepal Army and the People’s Liberation Army. However, the modalities for all arrangements of arms and ammunitions will be worked out among the parties and the UN.

The code of conduct for ceasefire signed between the Maoists and the government on June 2, 2006 is a kind of document, which is morally binding on them. The National Monitoring Committee on Code of Conduct for Ceasefire (NMCC) formed on June 15, 2006 has started working since July 6 when the draft of its procedure was approved by the negotiating teams (NT) on July 5. The NMCC has had several rounds of consultations with the parties including the Maoists, civil society members, human rights organisations, officials of the UN Office of the High Commissioner for Human Rights in Nepal, members of the Peace Committee, HoR Speaker and secretaries of the ministries of defence, home, industries and local development.

Meanwhile, the seven teams sent out of Kathmandu for preliminary observation have returned after assessing the prevailing situations in 17 districts. The NMCC, after receiving their reports within a week, will submit its combined second and third reports to the NT and determine its course of action in monitoring the violations at district and village levels.

Interestingly, the complaints received, information collected and overall impressions given by the monitoring teams suggest the divergent nature of problems related to the violation of the CC. Apart from the incidents of forced donations and abductions, administration of justice through People’s Court is not only going on in the villages, but also in the capital Kathmandu despite their declaration to postpone it in the cities. As reported in the NMCC a lawyer from Lalitpur was abducted recently in connection with some civil suit in the court. Similarly, a case of abduction was investigated in Kirtipur where a CPN-UML worker was abducted for a few hours. Issues like non-cancellation of charges against the displaced persons by the Maoists are coming in the way of their returning to their homes. Development projects at municipal and district development levels are suffering from their interference. United Nations agencies, donors, NGOs and INGOs are concerned with the Operational Space on the Basic Operating Guidelines.

Similarly, the arms issued by the government to vigilante groups are still with them that are used to kill the Maoists. The cash and goods seized from insurgents by the state have not been returned to them so far. The names of abducted persons from both sides have not yet been made public.

However, some noticeable achievements have been made by both sides in some districts where they act in consultation with each other to address the people’s problems. In spite of some positive steps taken from both sides to show their commitments to the CC, it seems that at local levels the problems still continue. If the Seven-Party Alliance and the Maoists establish some effective organisations jointly, the problems will be minimised if not solved altogether. There should be clear understanding towards creating a well-defined peace process leading to reconciliation.

John McKenzie once wrote, “Moral judgment is not passed upon the action done but upon the person doing”. It is because neither the result nor the motive behind any action is the object of moral judgment, as they result differently not expressing the intention of the doer, which includes both motive and the means of the doer. Ultimately, it is his character that prevails while choosing the means to achieve the goal.

There may be reasons behind the contradictions between saying and doing, and between communication and commitment from both sides due to expediency or politically strategic moves from either side.

Since the Maoists’ top leaders are here, their sincerity cannot be questioned unless some proof against their intention is found. To some, both sides are fighting a war of nerves in place of war of bullets. The SPA extending the Parliament’s life and the Maoists intensifying abductions, people’s court trials and forced donation campaigns even in those areas where they did not operate earlier, have indeed increased the NMCC’s woes.

Prof Mishra is coordinator of NMCC