War victims can lodge a case against Maoist leaders with the ICC
The integration and rehabilitation of Maoist combatants were major parts of Nepal’s peace process that started in 2006. Of around 19,000 Maoist combatants eligible for integration, around 1,300 were integrated into the Nepal Army. But many child soldiers who went through the verification process were disqualified for integration and for rehabilitation packages.
In January 2010, 3,000 young ex-combatants who were under 18 at the time of the ceasefire were let go as minors. They were assured of formal schooling, vocational training, and help with setting up small businesses. Lenin Bista, a child solider who had joined the Maoist insurgency at the age of 12, was among those disqualified because of his age. In the past few years he has been fighting for justice for minor Maoist soldiers and other disqualified personnel.
He has sought to internationalize the issue of the use of child soldiers in Nepal, a war crime. He currently serves as the President of Peace Envisioners, an NGO. Bista talked to Biswas Baral and Kamal Dev Bhattarai about his campaign.
In 2010 the Madhav Kumar Nepal-led government had decided to discharge minor soldiers in the Maoist ranks with some kind of compensation. What did you get?
At that time, the state had assured us jobs and education. There was a tripartite agreement between the government, the Maoist party and the United Nations Mission in Nepal (UNMIN) on our issues. But they did nothing for us. They made commitments but did not keep them. We were discharged with no more than Rs 10,000 in cash.
You mean there was no follow-up from the state after you were discharged?
Yes, there was no follow-up. We waited for six or seven months before we organized ourselves and formally made our demands. First, we urged the Maoist leaders to settle our issues. Later, we tried to draw the government’s attention by submitting a Memorandum of Understanding, but again to no avail.
How many of you were disqualified as minor soldiers in the UNMIN verification process?
Around 4,000 were discharged after being labelled ‘disqualified’. Of them, 2,973 were child soldiers and the remaining were late recruits. There were also more than 10,000 minors who had served as child soldiers during the insurgency but were not part of the verification process. Many child soldiers were killed. The first Maoist cadre killed by the police was Dil Bahadur Ramtel, who was 12 when he was shot dead. After their discharge from the cantonments, eight of our friends committed suicide as they faced social humiliation due to the ‘disqualified’ tag.
Similarly, there were no jobs, and there was the question of livelihood. Many of our friends, fearing humiliation and harassment, did not return to their original homes and stayed in other places to hide their identity.
We had joined the Maoist movement to change the society but we ended up being tagged ‘disqualified’. It was not easy to adjust in the society. Around 25 percent of child soldiers went to Gulf countries and India in search of jobs. Around 15-20 percent have joined the Biplav-led Maoist party believing that the objectives of Maoist movement remain unfulfilled.
But child soldiers were offered either continuation of education or vocational training. Why didn’t you take them?
That was not the case. I am a witness. After the peace process began, I completed my Plus Two studies from inside the cantonment. In a meeting at the UN, I expressed my desire to pursue a Bachelor’s degree. They said they could not help me with that. No one was given such an option. We had been told we would be part of the national army. With that mindset, we could not accept training to become mechanics and cooks. Such trainings were a humiliation. We had been told that verification was just a show for foreigners and we would all be integrated into the national army.
Now you are raising the issue of child soldiers in international forums. What are your demands?
The first thing is responsibility for and justification of the Maoist war. Another is accountability. Many people were killed and several child soldiers were used but who is accountable for that? We also want a guarantee that child soldiers will never be used in Nepal again. We should also get some kind of a package that’s enough to support our lives.
Some in the government say international organizations are using you to wreck the peace process.
It is the responsibility of state agencies to find out who is using us. I would welcome such an investigation.
You threaten to register cases against former Maoist leaders in international courts. On what basis?
First we should be clear that the issue of child soliders relates to war crimes. In this case, international law can be invoked because Nepal is a signatory to several international treaties and conventions. We wanted to resolve these issues through national mechanisms but they closed all doors for us. At the same time, the issue of human rights does not have borders. No one can prevent us from filing cases in international courts. If we settle this issue, we can set an example for the rest of the world.
You have been making many foreign trips of late. Why?
My purpose is to raise the issue of child soldiers. The Nepali state and political parties wanted to wipe out the history of the use of child soldiers, which amounts to erasing our contributions. So I informed the International Criminal Court, the European Union, the German Parliament and other several organizations of the same. Now, the world knows the issue of child soldiers is alive in Nepal.
What did you learn on those trips?
Some in Nepal are saying that the cases of rights violations during the war cannot be taken to international courts. But that is not true. Even the cases of Iraq and Myanmar have reached international courts. First, the UN Security Council can take such cases to the ICC. Second, some state party can take such cases to international courts. Third, the victims themselves can register such cases. This last option has been concealed in Nepal. But we want to settle the case within the country, and we child soldiers want high-level security trainings.
What type of high-level training do you want?
We could opt for various trainings such as fire-control, industrial security, forest security and hydropower security. Our friends have knowledge and expertise in these fields. We cannot be taxi drivers and barbers. We need training in keeping with our abilities.
Have you given the Nepali government a deadline to fulfil your demands?
We have given it three months to meet our demands. The Acts relating to the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons should be amended to incorporate the provision of child soldiers. We want to settle the issue domestically. There should be a political consensus on it. If they are reluctant, we will register our case in the International Criminal Court.
What kind of resistance are you facing?
It is all about political will. They do not want to resolve this issue.
Why didn’t you lodge your complaints with the TRC?
We have objected to the TRC process right from the start. The Act does not address the issue of child soldiers. We submitted a memorandum but our voices were not heard. On the other hand, appointments to the TRC were based on political consensus. The commissioners cannot act against political leaders who appoint them.
Quick Questions with Gaurav Pahari
1. What is the most important skill for you as an actor?
Acting
2. Do you prefer theater or film?
I like film more because I have studied movie acting and I started my career in films as well.
3. Who would be your dream crew?
I really wanted to work with two people, Saugat Malla and Daya Hang Rai, and I am fortunate to have been able to work with them. In the future, I would love to work with Namrata Shrestha.
4. What has been your best/worst date?
If I like someone, I don’t think place or activity matters much. But the perfect date for me would be in Paris with a view of the Eiffel Tower.
5. How would someone get your special attention?
I do not like people who stalk me or give me too much attention. If someone gives me too much space though then I would be more curious and interested in that person.
6. What role do you like to play in movies?
For now, I would love to do a negative role.
7. How does it feel when you put a mask on your actual personality?
I was born to do this. I learnt acting to do this. This is where my passion lies.
8. Your most prized possession?
My Nissan car that I bought!
9. If you could have coffee with one celebrity, who would you have it with?
With Namrata Shrestha. I have met her multiple times and she is my friend. I find her very beautiful.
Quick Questions with Barsha Siwakoti
Q. How would you describe yourself in three words?
A. Emotional, observant, and a good listener.
Q. A Nepali actor you want to work opposite to?
A. Anmol KC.
Q. Who inspires you the most?
A. My mother.
Q. What is that one thing you enjoy the most about your profession?
A. Traveling.
Q. What is your superpower?
A. My family’s support.
Q. Your favorite getaway?
A. Greece.
Q. If you had only one day to live, what would you do?
A. Spend the whole day with my family.
Q. If you could wish for anything, what would it be?
A. To be able to read people’s minds.
Q. Which is the project you are proudest to be a part of so far?
A. Pashupati Prasad.
Q. If you were not in the entertainment industry, which industry would you be in?
A. Banking.
Nepal can be like a cattle that goes to and froon the bridge between India and China
Professor Wang Dehua wears many hats. He is presently the director of the Institute of South and Central Asia Studies, Shanghai Municipal Center for International Studies; the director of the Center for South Asia Studies, TongJi University; an advisor to China Association for South-Asia Studies; and a senior fellow at the Center for International Energy Studies, Shanghai Jiaotong University. The South Asia expert has authored 18 books including “Dragon and Elephant: A Comparative Study of Rising China and India in 21st Century”, “The Contending Powers and Securities in the Asia-Pacific Region”, and “Sovereignty Dispute over Islands and Water of the South China Sea”. Professor Wang has travelled extensively, including to Nepal twice. Ajaya Aloukik of the Annapurna Media Network recently did this e-mail interview with him.
There have been no high-level visits from China to Nepal in recent times, but there are always rumors about Chinese President Xi Jinping coming to Nepal soon. Why has President Xi visited almost all other South Asian countries except Nepal?
It is natural that Nepali people expect President Xi Jinping to visit Nepal as soon as possible. In the past year, Indian PM Modi visited China twice and President Xi met Pakistani PM three times in China or in other countries. Likewise, Nepali President Bidya Devi Bhandari visited China in April this year. As per international diplomatic practices, President Xi will visit India or Pakistan soon. He may in the process also visit Nepal, if your country sends an invite now.
How did you evaluate the China trip of Nepali President Bidya Devi Bhandari back in April?
Nepali President Bhandari paid a very successful visit to China in April. She was in Beijing to attend the Second Belt and Road Forum for International Cooperation. This is the first visit of the Nepali head of state to China since she was re-elected as the country’s president. I think it was a landmark visit, which will strengthen Sino-Nepal friendship, especially Nepal’s engagement under the BRI framework. Participation in the summit will help fulfill Nepali people’s longing for development. In other words, it will expedite the extension of the Tibet railway to Nepal, as part of the Sino-Nepal Trans Himalayan Multi-Dimensional Connectivity network. China will also benefit a great deal from this connectivity.
Separately, what do you think accounts for India’s reluctance to join the BRI?
India has been concerned about China’s growing influence in what New Delhi considers its neighborhood. It sees the BRI funding schemes in Pakistan, Nepal and Sri Lanka as problematic. India refused an invitation to be a part of the initiative. But in my personal view, India has emerged as the biggest beneficiary of the Chinese-led Asian Infrastructure Investment Bank, soaking up a quarter of its investment commitments to date, despite continuing tension between the two countries. Some friends of mine believe India’s participation in the AIIB is a precursor to its acceptance of the BRI. I had told a correspondent of Global Times last year: “China simply needs to be patient. I am sure India will eventually participate in it, with some conditions to be addressed later through dialogue.”
In your books you refer to China as a dragon and India as an elephant. How would you characterize Nepal? Is it a bridge between these two powers or just a region for their geopolitical competition?
I am cautiously optimistic about the future of China-India relations, judging by the recent Xi-Modi meet on the sidelines of the Shanghai Cooperation Organization summit in Bishkek, Kyrgyzstan. It is a landmark move to sustain the good momentum in the significant yet fragile bilateral relations. President Xi mentioned that China and India should not look at each other as threats. He said the two countries should rather work together to speed up the Bangladesh-China-India-Myanmar Forum. With regard to what role Nepal can play between the dragon and the elephant, Nepal can be like a cattle that goes to and fro on the bridge between India and China.
India has traditionally been the predominant foreign actor in Nepal. But China seems to be catching up, be it in terms of FDI, people-to-people exchanges, or the number of Nepalis learning Chinese. How do you see this development?
I think China and India can cooperate to develop harmonious relations on all fronts. In Nepal’s case, there is great potential to develop tourism as many Chinese Buddhists dream of visiting Lumbini, the birthplace of the Buddha, as well other beautiful places in Nepal.
Even while there is India-China geopolitical competition in Nepal, they also cooperate, sometimes to Nepal’s detriment. In 2015 for example, India and China agreed to develop their tri-junction point with Nepal at Lipulekh, without even consulting Nepal. How does Nepal deal with and balance these two rising powers?
It is unnecessary to fear the rise of China and India. Of course, Nepal is coping with these rising powers with its non-alignment policy. Lipulekh as a trade and transit point is ideal for China-India-Nepal trilateral trade. Other contradictions can be solved through negotiations.
How do you see the involvement of other powers like the US, Japan and the EU in Nepal?
China is paying close attention to this. We hope they don’t start interfering in Nepal’s internal affairs.