Conflict resolution : Need for truth and reconciliation
Peace has been, is, and will always be a paramount necessity for people’s sovereignty. No state that is devoid of territorial integrity can assure democratic rights to its citizens where the integrity and security of the state is itself under threat from instability, terrorism, fragmentation of political parties and, not least, with no elections. Peace is more needed now than ever before as Nepal faces an unprecedented crisis of historic significance.
For peace to prevail we need to renounce violence. The onus, initially, must rest with the Maoists to resort to good faith and confidence building measures. In due course, they could negotiate a ceasefire agreement with the government, which will bring them into the political mainstream once again with the renunciation of the ‘people’s war’. In this manner, not just peace but ‘inner peace’ can be restored in Nepal with the demilitarisation of society; return of the internally displaced people, and where all the citizens can be at peace with themselves.
But for this to happen, people must be reconciled with each other at the community level so that past animosities, hatred and fears can be erased, controlled or best forgiven — but not forgotten since we need to learn the lessons for posterity and for the future of our children.
Acts of reconciliation can restore social unity and help accelerate resettlement, rehabilitation and re-employment of the affected; re-development of the conflict areas and reconstruction of the damaged infrastructure for a peaceful, prosperous ‘new Nepal’ that provides social justice for all with due application of the rule of law.
The path to lasting inner peace is reconciliation, and reconciliation is to be founded on sound electoral democracy that assures good governance; participatory development at the community level through maximum devolution of political responsibilities to local governments and inclusion of women, Dalits and janajatis in politics, economics and bureaucracy so that a ‘new Nepal’ can be a fully representative ‘unitary state with federal features’ by imbibing social pluralism with total social inclusion.
However, all of the above is easier said than done. The societal problem remains thus: just how to engineer, at the district and national levels, such reconciliation? From the wisdom of Mahatma Gandhi: the only way is to resort to non-violence and the truth so as to let the political leaders, as well as the affected people, speak out and ‘air their souls’. And for which solemn purpose the King should appoint a Royal Truth and Reconciliation Commission (RTRC).
The RTRC being proposed here is one that is an independent, ad hoc agency consisting of five to seven commissioners with exemplary integrity, honesty and dedication to public or social service. Eminent holy personages drawn from each of the religious faiths would be ideal. Independence should be guaranteed through the provision of finance and personnel resources, as well as by providing it with the required legal sanctity for the exercise of its duties and responsibilities.
It must also be empowered with unlimited access to information and the authority to summon any person where deemed necessary. Its report should be made public based on either open or closed hearings at the regional, district and community levels. Similarly, it should be empowered to formulate its own rules, organisation methods and procedures as it deems fit to secure its aims. Its independence should be assured by the provision that it may not be subject to judicial processes while it is engaged in its duties.
The RTRC, as envisaged, is a different kettle of fish than practiced elsewhere, as for example in Uganda, South Africa, Ghana and Sierra Leone in Africa; or Peru in Latin America, or Greenboro in the US. Nepal’s RTRC should not be oriented towards determining war crimes or human rights abuses but, on the contrary, seek to build peace, social harmony and a culture of democracy in the spirit of forgiveness and live and let live.
The RTRN will go a long way towards healing the trauma and hatred that the nation suffers from and help build faith, develop compassion, create hope and rejuvenate our patriotism by celebrating its diversity. It will cure the society of its contemporary sickness, evil and barbarism. It will serve as a model of social communication and rapprochement to elevate the soul of Nepal. Like all truth and reconciliation commissions, the nature of the proposed RTRN too is based on the theory that a reckoning with the past is necessary for humans to be free of its ill-gotten legacies: but with a difference as to its scope.
The other objectives of the RTRN are to determine the state of the missing persons and assess the extent of loss of lives and property and to make recommendations to the Crown for necessary action. The Crown shall establish a Royal Commission on Implementation of the Report of the Truth and Reconciliation Commission.
Rana is a former finance minister