Seeking to Prevent Torture: Nepal experience.

Impartiality

INSEC started producing Nepal Human Rights year Book (HRYB) in 1992 and other related documentation based on primary source of information gathered by its own district representatives. The subsidiaries of yearly documentation of human rights violations were Situation Report (Quarterly), web portal INSEConline, updated database on human rights related cases and Human Rights Education Radio Program, a weekly program which has nationwide coverage through local media and state-run national broadcasting (Radio Nepal).

Expertise on dealing

Local, Regional and National recognition of our impartiality was the only asset which helped us to intervene and to get engaged in saving precious lives of the people during high voltage conflict of 1996 till 2005. Due to our local level physical presence, impartial documentation and dissemination of cases including lively contacts and dialogue with the people during the process of preparing our documentation as Intervention Tool, we earned practice-based knowledge on how to deal with different situation and actors.

Cooperation and coordination with others

Our documentation is widely used by local media, human rights advocates, national and international formal and informal organizations and researchers for their purpose. We are always open to collaborate and face the first risk. You can find us as first signatory in group litigation at the court, petition to the government and public appeal to violent groups.

We are a must

During Maoist insurgency, the conflicting parties needed our presence to expose atrocities being inflicted upon them. Very simple methods we had acquired during our engagement paid the value. If someone was abducted or arrested, we were the first to be approached by the victim family and or the conflicting party. INSEC was almost like a synonym to human rights. People sent public appeal to establish INSEC offices in their villages when they actually meant was establishment of a human rights organization. During conflict era, almost all districts were deserted by national and international organizations including those involved in development and service providing activities. We were the only one with firm and effective presence in every district and regional headquarters.

Salute to human rights martyrs

We lost our four comrades. They were murdered by the State, Maoists and notorious criminals. Several threats of abductions and public notices calling us People's Enemy and appealing the people to punish us were publicly issued by the Maoists during and immediately after the conflict and even after the signing of the Comprehensive Peace Agreement (CPA) 2006.

Home grown experience and tactics

In 1996, the insurgency was an emergency and a sudden outburst. We did not have any academic or professional expertise. But we explored the basics, based on our own experience.

Yes-But & Taking Risk for Truth

We know that dialogue with insurgents and militarized security organization is always cumbersome. But Nepal is lucky in the sense that all parties to the conflict had repeated their commitment to uphold human rights principles. Hence, instead of saying NO, we would choose YES-BUT theory while dealing with them. Yes: accepting their limitation and difficult situation and BUT: reminding their national and social responsibility on account of their duty to protect people's fundamental rights and development.

We encouraged the Maoists to issue public statement committing to IHL and engaged with government to recall their constitutional commitment towards IHL.

Exemplary case

In remote village cluster of 7 villages in Mid-West region there was massive violence caused by Maoists and government troops. We went to the village to express our empathy and mourning of youths killed by conflicting parties. While discussing with mothers, we decided to put banners in all entry points which read -We want peace in our villages, strangers, please don't disturb us". After knowing some Maoist commissars and fighters are coming that night I decided to spend night there. Common question was formulated. When Maoists were in the kitchen for food and mothers were ready to serve them, one lady posed a very difficult question "Brother Comrades, I had to walk for hours to fetch water so that my mother and grandmother could cook food for you. You have destroyed all drinking water projects in our area".

Another youth was courageous enough to add another query "Comrades, I know some day you will stand for election and we will cast vote for you. You will be our ministers. Then you will talk about development for people. But to know the fact and rule the nation, one has to be educated. I am sorry to tell you that you have destroyed our schools. I am sure; you would not find any educated and reliable cadre from this village anymore". Comrades did not have answer. They left in the mid-night instead of next afternoon. But the dialogue and banner of that day was able to put them out of the villages. Most importantly, there was no more killing either by Maoist or Security forces. Instead, we were able to organize an informal dialogue between Security Commander and Maoist Commander under one hatched roof to exchange the experience and story of success.

Without prior permission, we entered a military barrack to request release of illegally detained person. We used to approach local radio to announce emergency public notice about abduction and appeal for immediate release and respect of IHL. Usually radio stations are closed by 10 or 11 p.m. But, upon our request, the radio stations would reopen any moment and start airing the message regularly to save precious lives.

After the CPA, our door to door documentation of Victim Profile has been accommodated by OHCHR's Nepal Conflict Report.

After peace process

We are engaged in several initiatives for security sector reform. We are still actively engaged in documenting and disseminating human rights issues; sending practical experience-based supplementary reports at UN. At the field level we are hosting several Civil Society networks of Defenders, Media and Religious Groups. Our primary focus is to bring security and public in dialogue. We believe in evolving local strength to intervene at national politics.

Missing Connect

Based on my experience, the reason of mistrust is missing-connect of dialogue and relationship. For general people Police are still synonymous to Lathi (Stick) and Gun. In any case, people have empathy towards the sufferer. If Police could internalize the value of YES-BUT, if they could be self-confident that they can express the facts and if they are allowed and strengthened to function in professional autonomy, most of the issues pertaining to Security Sector confusion and anomalies could be resolved.

Here the next lap begins.

Presentation made at Seminar: Human Rights and Security Sector in Asia Pacific. Organized by: Sydney University at Bangkok on September15-17, 2014.