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All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Lessons Learned PDF Print E-mail

Impunity and rule of law:
FOHRID has learned important lessons in filing PIL cases during project implementation. It was found and practiced that extra ordinary jurisdiction of the Supreme Court can be adopted in pursuit of seeking justice on the case of unlawful killings by security forces. In most of the cases, victims cannot get justice if human rights organizations or institutions do not take initiatives to file PIL cases in their favour. Justice delayed is justice denied. It was realized in practice that court process is often lengthy and justice is delayed. So, it is necessary to work towards speedy justice and reform of court procedures.

New learning were gained in the Task Force formation. Even the flexible structural framework of the voluntary participation of like-minded individuals and organizations can be a strong mechanism if the social issues were properly raised. Campaign and lobbying would be effective if integrated voices and concerted efforts were made with long term vision, policy, programmes and actions.


FOHRID learnt about various dimensions of international movement developed against impunity through implementation of projects. The office bearers and officials of FOHRID could learn about various aspects of international criminal justice system when it was brought into academic discourse. Dissemination of project produced materials and information sharing showed that there is lack of impunity related materials and adequate source of information in Nepal. It has reminded the team that production and dissemination of materials against impunity is necessary. Consequently, FOHRID produced useful resource materials for the stakeholders to clearly understand about the ICC. These resource materials are pre-requisite to carry out campaign against impunity. Campaign and advocacy through the publications were found much more effective for policy level intervention. It is felt that effective follow up of the issues raised by this project is necessary to combat against impunity. The issues should address specific problems in a prioritized form and much is yet to be done for domestication of international instruments ratified by Nepal.

FOHRID has gained both external and internal learning through this project implementation. Firstly, the external learning was that the government and political leaders express their commitment for ratification of Rome Statute and end impunity but they are not ready to implement their own commitments. It is found that the human rights and civil society needs to launch strong and intensive campaign to implement their commitments against impunity. Support, cooperation, lobbying and pressure from the international level are required for this campaign.

It was found that the participation of human rights and civil society can be arranged easily when the program addresses burning issues of the society. FOHRID actively involved the stakeholders from the political, government and non-government sector during program implementation. It was found that the involvement and collaboration of the stakeholders can be arranged easily if the issue of the project is appropriate. FOHRID's activities on impunity and rule of law have been successful to establish the issue but effective follow up is necessary to continuously address the issue. It is found that much is yet to be done for domestication of international instruments ratified by Nepal.

The results obtained / lessons learned from the projects were made public in the course of project implementation. For this, FOHRID adopted two strategies of dissemination; one by circulating immediately through electronic mail as well as updating FOHRID website with information; and another by printing relevant documents to avail for those where the internet service is not available or not appropriate.

Major publications of FOHRID have been delivered hard copy to the stakeholders by hand delivery and other means. They are being disseminated to the participants of the programs of FOHRID. The visitors in the FOHRID office have themselves picked them up. The stakeholders outside Kathmandu have received them in the FOHRID programs at the regional level and by post. Distribution to the district Courts, local offices of Nepal Bar Association, Nepal Army, Nepal Police and Armed Police Force is ensured through coordination with their respective central offices in Kathmandu.

FOHRID is actively engaged in policy level advocacy to combat impunity and promote accountability. It has been successful to make the general stakeholders realize that impunity must be addressed for promotion of rule of law. Collaboration, working relationship and maximum participation of stakeholders in the programs creates synergy and makes resolution of problems easier. We can exert effective pressure against government while working unitedly.

 

Transitional Justice:
Journey towards peace cannot complete without properly addressing the transitional situation. Bottom up approach of reconciliation can promote peace and reconciliation in a true sense. Revealing the problems of conflict victims is not enough. The victims require substantive assistance. Without proper management, the conflict victims cannot forget their grievances. Peace and reconciliation efforts with the direct involvement of the victims can facilitate reconstruction of post conflict society. Women and children are most affected by past conflict. The government should ensure skill training programs for women and proper education for children affected conflict. Assistance through activities directly supporting their livelihood can facilitate reintegration process. Activities supporting livelihood of the victims should go alongwith the activities enabling them to claim and express their rights. Income generation activities alongwith the activities to sensitize on the process of TRC help in the livelihood and economic aspects of the conflict victims. Such activities for their livelihood and economic upliftment help to ensure dignified life of the victims and their family members.

 

Human Rights (HR):
Nepalese human rights movement has been influenced from the political ideology. Human rights movement cannot attain expected achievements when it is guided by political ideology. The government and the civil society face difficulty in attaining benefits from human rights principles and practices if these issues are defined and viewed from political perspectives. This has weakened the chances of collaboration between the rights activists and organizations. This has posed difficulty in attaining positive outcomes.

 

Democracy:
Political parties and bureaucracy must be accountable for strengthening democracy. The question of political party reform and their financial accountability have become difficult in Nepal due to unstable political situation. It is found that the institutional development of democracy is difficult if we do not initiate timely intervention in these issues. We have learned this thorugh the the constitution making process. In fact, the society has to exert pressure to formulate effective constitution.

The efforts of civil society undoubtedly contributes to succeed the peace process and constitution building. Bringing the political parties in the same forum for discussion contributes positively to develop common understanding among themselves on the crucial issues such as determination of federalism and form of governance. Despite continuous pressure and lobbying from the civil society, responsibility and accountability of the political parties is imperative to succeed the constitution making and peace process. Our efforts cannot attain expected outcome if the political parties do not become accountable.

Intensive advocacy from civil society seeking accountability of the political parties through discussion on constition making and peace process is contextual. These issues are very much pertinent in the transitional phase of Nepal. The debate on whether the peace process or constitution first is useless, both of these are important and should be forwarded together. Politial solution is impossible without accountability of the key actors. Erosion of accountability is the major problem in the political parties. The dirty game of grabing power has deviated parties from their responsibility. Therefore, continuous pressure is required from human rights and civil society to succeed constitution making and peace process.

The activities such as advocacy and lobbying on behalf of civil society are effective tools to succeed the peace process. Bringing the political parties and the experts face to face for discussion contributes positively to share ideas and develop common understanding. However, role of the political parties is most imperative in this process. Our efforts yield expected outcome if we make them accountable.

 

Peace-building:
Discussions and interactions with victims at the local level assist in the peace building process. It provides victims to express their grievances helping them to forget the bitter experience of the past. It motivates them to transform the feeling of revenge to love and affection to each other. In this way, they can be guided towards responsibility for the future rather than revenge.

 

Institutional / capacity building:
FOHRID has not been able to accomplish the tasks as planned due to lack of strong and sustainable institutional capacity. It is felt that FOHRID shall face more difficulties if we fail to attain institutional capacity building of FOHRID and the partner organizations. Efforts are being made to secure sustainable source of financing to continue working to attain FOHRID objectives.

 

Contact address
For further information regarding above programmes and information, please contact:

Advocate Raj Kumar Siwakoti
Secretary General

FOHRID Human Rights and Democratic Forum
Mailing Address: GPO Box: 19186, Kathmandu, Nepal
Street Address: Dillibazar, Kathmandu, Nepal
Tel: +977-1-4423125
Fax: +977-1-4438812
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

Press Release

Impunity aggravated by promotion of those alleged of serious human rights violation, failure to prosecute and case withdrawal in Nepal 11 October 2012, Kathmandu, Nepal. Nepal government has failed to bring into justice system and prosecute those who are alleged of inv... Read more
International Justice Day-2012, FOHRID Urges Government of Nepal to ratify the Rome Statute of ICC 16 July, 2012, Kathmandu, Nepal Every year on 17 July the world celebrates International Justice Day (IJD) to commemorate the adoption ... Read more
Nepal: Criminalize torture and end impunity June 25, 2012, Kathmandu,Nepal We are observing June 26, 2012, the UN International Day in Support of Victims of Torture. The expressio... Read more
Appeal for immediate accession/ratification of the OP-ICESCR by Nepal Government 07 May 2012 (2069 Baishakh 22), Kathmandu, Nepal Nepal Government should immediately accede/ratify to the Optional Protocol to the Inte... Read more
Nepal must strengthen prosecution against impunity 12 January 2013, Kathmandu, Nepal. UK authorities arrested Nepal Army Colonel Kumar Lama on 3rd January 2013 from Sussex for his alle... Read more
Appeal to Nepal government to become accountable to respect and protect people's right to life 28 January 2013, Kathmandu, Nepal   Similar to the previous years, people in terai faced severe cold wave this winter also, ... Read more

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