The NHRC has spoken. Now, prosecute

Nepal's National Human Rights Commission (NHRC) has issued a critical probe report on the September Gen Z uprising, directly implicating the former Prime Prime Minister KP Sharma Oli and high-ranking security officials. The commission's findings point to gross human rights violations during the protests, specifically citing the government's social media ban as a primary factor that escalated the situation into a catastrophe, resulting in 76 deaths and significant public infrastructure damage. The NHRC has recommended invoking constitutional provisions to institute legal cases against those responsible.

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The Commission has recommended invoking Article 249 (2)(c) of the Constitution, which grants it the right to institute a case against any person or organisation who has violated human rights.

However, the report arrives against a backdrop of systemic failure in implementing NHRC recommendations, with a historical success rate below 15 percent over two decades. Successive governments have reportedly favored monetary compensation for victims' families, a practice described as a 'buy-out' dynamic that circumvents legal accountability. This culture of impunity is starkly evident in the post-civil war era, where the state's compliance with punitive measures for wartime human rights violations remains at zero percent.

Failure to act on this latest report could have severe consequences for Nepal's democracy and international reputation. Internally, it would signal that the constitutional order is merely a facade, and the state can suppress its citizens with impunity. Externally, the report's findings are likely to be raised in United Nations forums and during Nepal's Universal Periodic Review, inviting international scrutiny. The Gen Z protesters, whose grievances fueled the movement, are unlikely to accept a selective implementation of the report that shields the powerful.

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The state offers monetary compensation up to Rs300,000 to the families of victims as a shortcut to avoid legal accountability.

To uphold the rule of law, the government must conduct thorough and unbiased investigations. The NHRC's report correctly identifies the incidents of September 9 as organized criminal acts. Justice requires investigating both days of violence without prejudice, ensuring that political affiliation does not offer protection. While the report focuses on the previous administration, it also calls for scrutiny of members of the ruling Rastriya Swatantra Party, including its chair Rabi Lamichhane, indicating that no individual should be exempt from legal inquiry.

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Justice cannot be selective.