A serious question of conflict resolution

A large section of the population has been waiting for social and economic justice for decades. Sharing dreams alone does not ensure lasting peace and prosperity. We need government honesty towards the constitutional promise. That is not seen at all. Rather, it is directly or indirectly due to conflict. What was the reason for the

?

Transitional justice commissions are the official bodies investigating what caused the armed conflict. But they were not successful even in this context. Before starting the armed conflict, the reasons can be assessed based on the analysis of the documents from the "Political and Military Action Plan of Nepali New People's Revolution, 2051", the forty-point demand submitted to the then government, from the initial war plan to the peace agreement.

Even after the change of 2046, the conflict between the autocratic monarchy and the democracy was still undecided. So it seems that the Maoists have been inspired to jump into armed conflict. Also, there were many other reasons behind the support of the people from different levels and sections of the conflict. Class, caste, regional and gender discrimination and inequality have become barriers to prosperity. A large population was in absolute poverty. There was an uneven distribution of production resources including land. Also, the problems of increasing corruption, misrule and political instability were flourishing. Even after the change of 2046, the centralized, non-inclusive form and character of the state continued. The speed of economic and social change was slow in proportion to the people's desire for equitable prosperity and the growing political consciousness brought about by the political change. The presentation of the governments of the time was weak on the deep issues of national interest. The party and leadership ranks were divided and short-sighted. In this perspective, the fact that the deprived communities supported the armed conflict with the hope of self-esteem, identity and upliftment of living standards is well known. Why

causes?

Solving the causes of conflict is the foundation of sustainable peace. Occasional expressions of important persons also indicate the same. At the moment of promulgation of the constitution (October 3, 2072), President Ramvaran Yadav urged the people to continue working for social justice and prosperity through the successful use of the constitution. His emphasis was on making good use of the 'opportunity to end all forms of discrimination and inequality' provided by the constitution. At the same moment, the Chairman of the Constituent Assembly, Subas Nemwang, warned that if the objective of building a just society is incomplete, the risk of fragmentation will increase. The Constitution lays down the principles of governance. He emphasized on constitutional ethics by saying that the constitution cannot divide intelligence, conscience and ability.

What Speaker Bhimrao Ramji Ambedkar said while giving his last speech in the Constituent Assembly of India is also touching. He emphasized on the need to put an end to the contradictions like 'equality in political life' (one person one vote) and 'inequality in social and economic life' as soon as possible. If they fail to do so, he warned that 'those who are tormented by inequality will explode the very structure of political democracy built by the Constituent Assembly with hard work'. Similarly, while promulgating the South African Constitution, Nelson Mandela called for the lessons of history to be learned that 'unless everyone enjoys equal freedom and justice, lasting peace, lasting security and prosperity will be impossible in this land'. Where are we in solving the

cause?

has been a successful exercise of the people's right to write their own constitution. It is constitutionally guaranteed that sovereignty and state power are absolutely vested in the people. The conflict between monarchy and democracy is over. The form of government has changed from unitary to federal. Consolidation of state structures has begun. These achievements seen in the political dimension are definitely positive. However, addressing the underlying structural causes of conflict remains elusive. Although the system has changed, the culture and behavior of the government remains the same. Dissolution of Parliament, Ordinance-rule, extreme politicization of constitutional appointments and frequent brazen usurpation of power are some examples of the provocative practice of democracy.

Addressing impunity helps conflict transformation. But the culture of impunity runs deep. When the transitional justice process is hijacked for vested interests, justice has become fruit of the sky. There is widespread disappointment in the victim community. Under the guise of power and strength, there is an increased tendency to influence criminal investigations, to evade accountability by abusing exceptional measures such as pardons and withdrawal of cases. People's trust and confidence in the state is being lost due to the law for the minors and the selection status for the majors.

The ratification of the Rome Statute of the International Criminal Court is particularly meaningful in terms of ensuring that violent conflict does not recur. After absorbing the same fact, the restored House of Representatives passed a resolution on July 9, 2063 that Nepal should become a party to the Rome Statute, which itself was an event of historical importance. However, the resolution proposal went into oblivion and there was no concrete initiative for approval.

There is a huge gap between commitment and practice of corruption control and restoration of good governance. Transparency International's recent 'Corruption Perception Index' has been showing the poor governance. Politically, the corruption committed by those in high political positions is still protected by the state. Section 4(b) of the Commission for Investigation of Abuse of Authority Act provides immunity to policy decisions of the Council of Ministers. Rather than abolishing it, the amendment proposal to extend such immunity to the state level has been presented in the parliament, which shows the attitude of the government towards good governance.

Some of the most important promises of the peace agreement continue to be ignored. The National Peace and Rehabilitation Commission was not materialized. Similarly, the concept of "minimum common program of economic and social transformation" and "shared development concept" of post-conflict Nepal were not implemented even though they were of far-reaching importance for the establishment of sustainable peace by resolving the causes of the conflict. The Constitution has failed to embrace equality in terms of citizenship. It seems to create an obstacle for all women to accept the constitution.

The ratification of International Labor Organization Convention No. 169 was an important step for an ethnically diverse country like ours. But implementation is neglected. The concept of autonomous, protected and special areas has been assimilated in Article 56 of the Constitution for the purpose of addressing the demand for recognition of tribal communities who cannot have proper representation in the Union and the provinces. Adequate legislation has not yet been enacted for implementation. The problems of tribal tribes and local people living around national parks and conservation areas were similar in the past and are still the same today. It seems that when they have to suffer the problems of deprivation of access to natural resources and displacement, they have increased their distaste for the state.

Economic and social rights are guaranteed in the constitution. But no one seems to have assumed his political ownership. In the year 2068, when the Maoist government was in armed struggle with 40-point demands including the point that no one should be forced to sit down without giving an alternative, a dozer was run in the slums of Thapathali. After learning from this, the Kathmandu Metropolitan City has also been trying many times to get rid of it.

Because of the biased approach, the implementation of economic and social rights does not seem to be accelerating. The government has not yet made some of the regulations that are required to implement most of the provisions of the Act created in 2075 to implement fundamental rights. In the context of socialism and social justice, the regulation called for by the Right to Housing Act, which is important, has not been made even for five years. It is said that the Cabinet has recently approved the regulations needed to implement the Food Rights and Food Sovereignty Act. Despite the promise of socialism, social justice and equitable economic prosperity, access to financial resources is difficult for people living in poverty. Microfinance and cooperatives have not been utilized for the welfare of the poor/marginalized people. Poor laborers and farmers have to be victims of financial exploitation by meter-busy loan providers. There are examples of self-employed citizens who do street trading as a strategy to deal with extreme poverty being ruthlessly chased, beaten and robbed by the municipal government. The federal government has become a mute spectator.

The agenda of ending feudal land ownership and scientific land reform since 2007 has been stalled. Although the 40-point demand, comprehensive peace agreement, interim constitution and current constitution are included, there is a lack of political will for it. Although one commission after another was formed in the past in the name of solving the land problem, they could not be result-oriented. Although the National Land Commission was established last time through the eighth amendment of the Land Act, the commission has been trapped in a vicious cycle of formation and dissolution with the change of government. The state of poverty within the Dalit community, which has been suffering from centuries of discrimination, is akin to this. Overall, even now, more than 15.1 percent of the population has to live below the absolute poverty line. Although employment is a matter of fundamental rights, a large number of young people are going abroad every day due to the inability to create opportunities and raise hope within the country.

The constitutional bench, which has the responsibility of moving the government under constitutionalism, has not been effective. Judgment is unpredictable. Although public interest disputes can be effective in addressing the root causes of conflict, it has not been used strategically. The National Human Rights Commission, which has a mandate to hold the government accountable, maintained an independent and effective presence even during difficult times during the conflict. But recently, due to politicization in appointing officials, conflicts among commissioners, legal inadequacy and lack of financial autonomy, the credibility of the commission has declined. In the case of weak monitoring, the tendency of violating the rights of the discriminated groups seems to be increasing. The record of other thematic commissions is even more remarkable. Although the constitution has embraced inclusion as an important way to ensure lasting peace, it has not been able to adopt it as a culture.

The road ahead

There is not much time left to reach the decade after the constitution was enacted. It is necessary to meaningfully review how much has been implemented according to the purpose. An overview of the achievements and existing challenges is necessary in terms of fulfilling the promises of socialism, social justice and social and economic transformation made in the documents from the peace agreement to the current constitution. There should be a meaningful discussion about this in the Federal Parliament. To prevent the return of possible conflict and instability, to communicate hope to the common people and to move forward with determination on the path to sustainable peace and prosperity, a strategic plan must be formed. The government can also be guided by the resolution passed by the parliament. It cannot be said that the country will not have to face another conflict while the post-conflict justice process is still ongoing.

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