Former Maoist child soldiers hope for justice with court set to hear petition – The Kathmandu Post

 

Report on the Pursuit of Justice for Former Child Soldiers in Nepal

A Critical Test for SDG 16: Peace, Justice, and Strong Institutions

Former Maoist child soldiers in Nepal are escalating their long-standing quest for justice, turning to the nation’s Supreme Court after years of governmental inaction. A full bench is scheduled to commence final hearings on a petition demanding the prosecution of former Maoist leader Pushpa Kamal Dahal and former ‘people’s government’ chief Baburam Bhattarai. This case represents a significant challenge to Nepal’s commitment to the United Nations Sustainable Development Goal 16 (SDG 16), which advocates for promoting peaceful and inclusive societies, providing access to justice for all, and building effective, accountable, and inclusive institutions at all levels.

Legal Proceedings and Institutional Accountability

The Supreme Court Petition

The legal action, initiated by nine former child combatants led by Lenin Bista, marks a pivotal moment in the country’s transitional justice process. The timeline of the petition is as follows:

• May 30, 2023: The initial petition was filed but was refused registration by the court administration, which claimed the matter fell under the jurisdiction of the Truth and Reconciliation Commission.
• June 11, 2023: Following a challenge, a single bench of Justice Anand Mohan Bhattarai ordered the petition to be registered, affirming the judiciary’s role in hearing the case.
• June 13, 2023: The Supreme Court issued a show-cause notice to Dahal and Bhattarai.
• July 31: The final hearing is scheduled to begin.

The protracted nature of these proceedings and the initial institutional resistance underscore the challenges in achieving SDG 16.3, which aims to ensure equal access to justice for all. The failure of the amended Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act to specifically address the plight of minor soldiers further highlights gaps in the legal framework intended to provide justice.

Human Rights Violations and Sustainable Development Impacts

War Crimes and the Violation of Child Rights

The recruitment and use of minors in armed conflict is a grave violation of international human rights law and is classified as a war crime. This practice directly contravenes SDG 16.2, which calls for an end to abuse, exploitation, trafficking, and all forms of violence against and torture of children.

The United Nations Mission in Nepal (UNMIN) officially documented the scale of this issue during its verification process, identifying:

• 4,008 combatants as “verified minors and late recruits.”
• 2,972 of these individuals as child soldiers.

Long-Term Socio-Economic Consequences

The recruitment of these children has had devastating and lasting impacts, directly impeding progress on other key SDGs:

1. SDG 4 (Quality Education): Their forced involvement in the insurgency denied them access to education, fundamentally compromising their future prospects.
2. SDG 8 (Decent Work and Economic Growth): Having had their futures “ruined,” as stated by advocates, these former child soldiers face significant barriers to securing decent employment and achieving economic stability.

Socio-Economic Disparities and SDG 10: Reduced Inequalities

Discriminatory Treatment in Demobilisation

A significant grievance is the discriminatory treatment experienced during the post-conflict demobilisation process. This created a stark inequality, in direct opposition to the principles of SDG 10 (Reduced Inequalities).

• Combatants who chose voluntary retirement received substantial financial packages ranging from Rs 500,000 to Rs 800,000.
• In contrast, the disqualified minor soldiers received no substantive support, with only a nominal sum of Rs 10,000 for travel expenses.

Sadhuram Sapkota, a former joint-secretary at the Ministry of Peace and a signatory to the agreement on discharging minor soldiers, has publicly acknowledged this disparity, stating, “There has been injustice against you [child soldiers]. Justice must be delivered… I firmly believe the former minor soldiers must be compensated.”

International Advocacy and SDG 17: Partnerships for the Goals

Seeking Global Support for Justice

Frustrated by the lack of domestic recourse, the victims have sought international support, an action that aligns with SDG 17 (Partnerships for the Goals). In June 2019, Lenin Bista petitioned the United Nations Office of the High Commissioner for Human Rights (OHCHR) in Geneva. The petition called on the UN to urge the Government of Nepal to prioritize justice for former child soldiers, highlighting the role of international partnerships in holding national governments accountable and supporting the achievement of justice and human rights for all.

1. Which SDGs are addressed or connected to the issues highlighted in the article?

SDG 16: Peace, Justice and Strong Institutions

• The article’s central theme is the pursuit of justice for former child soldiers through the legal system. It highlights the failures of governmental and transitional justice institutions (like the Truth and Reconciliation Commission) and the reliance on the Supreme Court to hold powerful leaders accountable for war crimes. This directly relates to promoting peace, ensuring justice, and building effective, accountable institutions.

SDG 10: Reduced Inequalities

• The article points out a significant disparity in the treatment of former combatants. While adult soldiers who chose voluntary retirement received substantial financial packages (“between Rs500,000 and Rs800,000”), the disqualified minor soldiers received minimal support (“Rs10,000 for the travel”). This discriminatory practice created a clear inequality of outcome and highlights the social and economic exclusion of a vulnerable group based on their status as former child soldiers.

2. What specific targets under those SDGs can be identified based on the article’s content?

SDG 16: Peace, Justice and Strong Institutions

1. Target 16.2: End abuse, exploitation, trafficking and all forms of violence against and torture of children.
   • The core issue is the recruitment and use of child soldiers (“2,972 Maoist guerrillas were found to be child soldiers”), which is a severe form of child exploitation and violence. The petition to the Supreme Court and the UN is a direct attempt to address this past abuse.
2. Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • The former soldiers are “knocking the Supreme Court’s door” because other avenues for justice failed. Their legal battle against former prime ministers Pushpa Kamal Dahal and Baburam Bhattarai is a clear effort to apply the rule of law to all citizens, regardless of political power, and to gain access to justice that has so far been denied.
3. Target 16.6: Develop effective, accountable and transparent institutions at all levels.
   • The article critiques the ineffectiveness of existing institutions. It states that “neither the government was concerned about our demands, nor did the amendment to the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act give any hope for justice.” This points to a failure of accountable governance, forcing citizens to seek recourse from the judiciary.

SDG 10: Reduced Inequalities

1. Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory policies and practices.
   • The article describes a discriminatory outcome where disqualified minor soldiers “didn’t get any substantial support,” unlike their adult counterparts. The call for them to be “compensated for having their future ruined” is a demand to rectify this inequality of outcome.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

Indicators for SDG 16 Targets

• Number of victims of violence against children seeking justice: The article explicitly mentions the number of child soldiers identified (“2,972 Maoist guerrillas were found to be child soldiers”) and the number of petitioners who initiated the legal action (“Nine former child combatants led by Bista”). Progress can be measured by the ability of these victims to have their case heard.
• Proportion of the population who have experienced a dispute who accessed a formal or informal dispute resolution mechanism: The entire article is about the former soldiers’ journey through the justice system, from the initial refusal to register their petition to the final hearing in the Supreme Court. The successful registration and hearing of their petition is an indicator of access to a formal dispute resolution mechanism.
• Number of verified cases of war crimes being prosecuted: The petition’s demand for the “prosecution of the then Maoist supreme commander Pushpa Kamal Dahal and the erstwhile ‘people’s government’ chief Baburam Bhattarai” serves as a direct indicator. Whether an investigation and prosecution occur would measure progress towards accountability.

Indicators for SDG 10 Targets

• Provision of reparations or compensation to marginalized groups: The article contrasts the lack of support for child soldiers with the packages given to others. A key indicator of progress would be whether the former minor soldiers are “compensated,” as advocated by former joint-secretary Sadhuram Sapkota, to address the financial and social injustice they faced. The article notes the amended Act “provisions reparation for the ‘discharged combatants’,” but its implementation for this specific group is a measurable outcome.

4. Create a table with three columns titled ‘SDGs, Targets and Indicators” to present the findings from analyzing the article. In this table, list the Sustainable Development Goals (SDGs), their corresponding targets, and the specific indicators identified in the article.

SDGs	Targets	Indicators
SDG 16: Peace, Justice and Strong Institutions	16.2: End abuse, exploitation, trafficking and all forms of violence against and torture of children.	The number of former child soldiers (“2,972”) who were victims of recruitment and use in conflict.
SDG 16: Peace, Justice and Strong Institutions	16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.	The filing and hearing of the Supreme Court petition by former child soldiers; the demand for the prosecution of high-level political leaders (Dahal and Bhattarai) for alleged war crimes.
SDG 16: Peace, Justice and Strong Institutions	16.6: Develop effective, accountable and transparent institutions at all levels.	The expressed failure of the government and the Truth and Reconciliation Commission to address the victims’ demands, contrasted with the use of the Supreme Court as a mechanism for accountability.
SDG 10: Reduced Inequalities	10.3: Ensure equal opportunity and reduce inequalities of outcome.	The disparity in financial support provided: “Rs500,000 and Rs800,000” for adult combatants versus “Rs10,000” for disqualified minor soldiers; the call for the former child soldiers to be “compensated for having their future ruined.”

Source: kathmandupost.com