Human rights violations in the Gen-G movement

Even before the movement began demanding an end to corruption and good governance, the then Prime Minister Oli had played a role in inciting the youth and worsening the situation by asking, ”Is Gen-G a vessel for cheating?”

kartik 28, 2082

Ritesh Panthi

Human rights violations in the Gen-G movement

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Of the 35 people killed in shootings in the Kathmandu Valley, forensic reports have revealed that 19 were shot in the chest, 10 in the head, 4 in the stomach, and 2 in the neck.

The protest by Gen-G on 23 Bhadra has completed two months. There is no doubt that the movement was a wake-up call by the youth. Even before the movement demanding an end to corruption and good governance, the then Prime Minister Oli had played a role in infuriating the youth and worsening the situation by saying, ‘Is Gen-G a vessel for cheating?’ It is hard to believe that he did not ask or pressure the security agencies to use maximum force in the youth movement.

The fierce appearance of the then UML-Congress-led Oli government during the Gen-G movement was terrifying to this columnist who was studying human rights law.

An incident that would shock anyone who advocates for human rights occurred on 23 Bhadra. In the past, in the 19-day people's movement against Gyanendra's autocratic rule in 2062/63, 19 people were killed by the then state party, while 19 people were killed on the first day of the Gen-G's vigilance movement. It was a shocking situation that even those in school uniforms were shot dead.

During the Gen-G demonstration, the Universal Declaration of Human Rights 1948, Civil and Political Rights 1966 and its Covenant, Economic, Social and Cultural Rights 1966, the United Nations Convention on the Rights of the Child-1989, the Convention against Torture-1984, the right to freedom under Article 17 of the Constitution of Nepal, the right to communication under Article 19, the right to education under Article 31, and the rights of children under Article 39 were seriously violated.

There is no doubt that the fruits of Bhadra 23 became Bhadra 24, but the attacks on Kantipur and Annapurna Media House and the attacks on schools like Ulens are also condemnable.

The forensic report has revealed that 35 people were shot in the Kathmandu Valley, 19 in the chest, 10 in the head, 4 in the stomach and 2 in the neck.

The cause of death is said to have been a ‘high velocity weapon’. This was a human rights violation and the extreme state terror of the then Oli government. The then police and armed forces chief had a terrifying appearance.

The question is – was this level of repression necessary just to protect the parliament building? The weakness of the security forces on 23 Bhadra was not only in underestimating the movement, but also in poor preparation. Even the intelligence chief of the National Investigation Department, who was appointed by the government as his trusted person, could not provide information and briefing on this movement in time.

The security forces resorted to indiscriminate shooting without even using the prevailing experience of how to disperse the movement. Even when they had to shoot below the waist, it was a terrifying and painful situation to be shot in the head and chest. The high-level investigation commission led by Gauri Bahadur Karki will also reveal the truth in this.

The police report shows that the police used excessive force, as it is said that 2,642 metal bullets, 1,884 rubber bullets, 2,377 air strikes and 6,279 tear gas shells were fired in two days. It is mentioned that 1,329 live bullets, 1,420 rubber bullets and 3,096 tear gas shells were fired in Kathmandu alone.

In the context of the Gen-G movement taking place in Nepal and elsewhere in the world, this level of police repression has not been seen anywhere else. Therefore, the Nepal Police seems to lack training on human rights law. In reality, it seems that it will take time for the 'police to be my friend'.

It would be easy to say that the police deployed for security were firing in the name of protecting a government institution, i.e. the parliament building, or maintaining peace and order, as even the recently retired police chief Chandrakuber Khapung was saying. But for anyone who believes in human rights, this was a state of terror and genocide.

The then Prime Minister Oli cannot escape saying that the security forces did not support him. He must be held accountable. But he is blaming the protesters. He has no remorse for his mistakes. His contribution to the destruction caused by the incident of 23 Bhadra on 24 Bhadra is immense.

The general expectation that the Oli government, which was formed by big parties that never tire of fighting for democracy and democracy, would reform the bureaucracy, bring good governance, and amend the constitution was dashed. The real face was shown by using force on the youth who took notice.

Where is the Human Rights Commission?

Two years ago, the Human Rights Commission was on the verge of being downgraded to ‘A’ grade. On November 8, 2022, the Global Alliance of National Human Rights Institutions (GANRI) had recommended a downgrade, saying that the transparency of the appointment process, the Commission’s capacity, jurisdiction, and independence in protecting and promoting human rights were not satisfactory.

The government had assured that the jurisdiction would be increased in the Act to keep the grade intact. But there is a political shadow in the Commission.

The Commission had said that the monitoring found that the deaths of protesters by security personnel during the 23 Bhadra demonstration led to vandalism and arson on the second day. Similarly The initial conclusion was that a lot of damage was caused by the security personnel's inability to assess the situation.

It has been said that the damage to educational institutions has damaged children's education and has also affected child psychology. The commission should investigate this movement in an impartial and different way to justify the commission and clearly advocate for human rights.

There is currently a commission led by Gauri Bahadur Karki. Oli has already said that he will not accept the report. If a report is made but the main person is not held accountable, impunity will increase. Since many previous commissions have been ineffective and the reports have not been implemented, there is a risk that the same will happen this time too.

The work of the Truth and Reconciliation Commission and the Commission on Enforced Disappearances, which were established to investigate human rights violations committed by the Maoists and the state during the armed conflict in the past, is even more disappointing and at a snail's pace.

The commission formed in 2063 under the chairmanship of Krishna Jung Rayamajhi also found 31 people who were in the government guilty from Magh 19, 2061 to mid-Chait. During that period It was said that action should be taken against the deputy chairmen of the Council of Ministers and even the assistant ministers. Some of the security agencies were also shown to be guilty.

After the first people's movement of 2046,  the Mallick Commission was formed under the chairmanship of Janardan Lal Mallick. It submitted a 700-page report but was not implemented. Therefore, if we really want to maintain good governance, it is necessary to be serious about the issue of human rights.

Ritesh

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