Impunity and Political Accountability in Nepal

120 Pages·2014·0.49 MB·English

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G.P.O. Box 935
Bhat Bhateni
Kathmandu, Nepal
www.asiafoundation.org
Technical and financial support for this publication has been provided by The
Asia Foundation, with funding from the Department of Foreign Affairs and Trade,
Government of Australia. Views and opinions expressed in this publication are of
the authors and do not necessarily reflect those of The Asia Foundation or of the
Government of Australia.
The Politics of Impunity i
Impunity and Political
Accountability in Nepal
ii Impunity and Political Accountability in Nepal
The Politics of Impunity iii
Impunity and Political
Accountability in Nepal
By Aditya Adhikari and
Bhaskar Gautam
with
Surabhi Pudasaini and
Bhadra Sharma
iv Impunity and Political Accountability in Nepal
The Politics of Impunity v
Contents
Preface ix
Chapter 1: The Politics of Impunity 1
Chapter 2: The Ministry of Peace and Reconstruction 20
Chapter 3: The Commission for the Investigation
of Abuse of Authority 29
Chapter 4: Politics and Criminality in Biratnagar 40
Chapter 5: Transitional Justice 57
Conclusion 79
Annex 84
References 97
vi Impunity and Political Accountability in Nepal
The Politics of Impunity vii
Foreword
“Impunity and Political Accountability in Nepal” is the fourth of
a series of reports published by The Asia Foundation since 1999
that document impunity in Nepal.
Prior reports provided analyses of the causes and scale of
impunity in the context of conflict and political instability during
the late 1990s; political corruption and violation of human
rights during 2004 - 2006; and the state of impunity prior to and
immediately after Jana Anadolan II during 2006 -2010.
This report explores a range of political behaviors that can
be understood as examples of impunity. It attempts to position
impunity within the wider practice of politics and its intimate
connection with the daily interactions of people in Nepal,
between 2006 and 2013. The report’s chapters examine the
complex relationship between politics and law; the manner
in which politicians and bureaucrats transgress or manipulate
laws and norms to establish control over state institutions; the
operations of the Commission for the Investigation of Abuse
of Authority; political protection and cultivation of criminal
activity; the increase in politician-criminal ties after 2006; and
a transitional justice process that will include prosecution as a
means of combating impunity.
viii Impunity and Political Accountability in Nepal
The case studies and analyses provided in this report convey a
critical and constructive perspective on the status of impunity in
post-conflict Nepal.
George Varughese, Ph.D.
Nepal Country Representative
The Asia Foundation
February 2014