Shiva Kumar Bhattarai

The under-reviewed book, The Disappeared, deals with cases of disappearance and gross violation of human rights during the Maoist-State armed conflict in Nepal from 2001 to 2006. It also analyses the roles of various government bodies, political parties and other stakeholders in assisting the Truth and Reconciliation Commission. This is an analytical-exploratory research-based book of qualitative as well as quantitative nature. The study finds that impunity is the crux of disappearance cases in Nepal as people in this nation pay no regard to the principle of supremacy of law.

Comparative studies of national and international disappearance cases made in the book reveal that the nature of most of the cases of disappearance seems similar. It indicates that the court has taken a serious stand and summoned the government to take strict and strong actions against the perpetrators, and has asked the State to provide better opportunities for the victims and their relatives. Disappearance cases around the world as well as in Nepal showed a lack of interest from the government and reluctance of the security forces to investigate and cooperate with the Commissions and Courts.

Primary information was collected through an opinion survey of 230 samples (judgemental sampling method) from different groups including the civil servants of the Government of Nepal, Security Forces, Human Rights and Civil Society sectors. Male respondents were 85%, 50% of the respondents belonged to the age group of 30-40 years while 58% of respondents possessed Master's Degree qualifications. Secondary data collection included desk reviews of national and international laws, analysis of the cases of disappearance, and analysis of seven international cases of truth commissions.

The book uncovers the truth that Nepalese laws do not have sufficient provisions to criminalise the cases of disappearances despite an alarming number of cases of disappearances. Thus, this remains a major problem in the implementation of the core international human rights laws in Nepal. Hence, the study concludes that Nepal, as a state, could not make the situation quite as peaceful and favourable as expected by the national and international communities in relation to the cases of disappeared people. Further, the Nepal government could have done far better to protect and promote the citizen's right to life, liberty and security, particularly the rights of the disappeared people.

The book recommends that the Government of Nepal should take initiatives in improving and correcting the situation while facilitating and removing obstacles for all mechanisms of investigations in cases of disappearance by the Commissions and the Government. It is also equally important to maintain high standards of ethics and morals in all security apparatus, ensuring that all civilian lives are respected and valued to the established basic norms in accordance with the guiding principles of human rights.
Analytical views on the book by the experts of the field.

The author of the book, Dr. Bohara, has made a systematic inquiry on enforced disappearances issues in Nepal, and he has meticulously analysed the magnitude of the problem and offered recommendations for the lasting resolution of the problem. I believe this publication is the first of its kind and makes important headway for future researchers in human rights.

I consider this book vital in the study of the state of human rights in Nepal, and can serve as an important gateway for researchers from beyond." (Kalyan Shrestha, Former Chief Justice)
“Supreme Court of Nepal The book entitled THE DISAPPEARED: Enforced Disappearance and Human Rights Violations during the Armed Conflicts by Dr. Deb Bahadur Bohara provides an insightful exploration of the consequences of the ten years-long armed conflict during the Maoist insurgency period.

Major violations of human rights and international humanitarian law occurred during the Maoist insurgency from both parties to the conflict—the State and the Maoist rebellions. Through this book, readers will understand how historical marginalisation acted as a root cause of Nepal's armed conflict. In addition, the lack of accountability of the State to its citizens resulted in human rights violations like enforced disappearances.
The writer has thoroughly analysed these important issues and presented the challenges and opportunities in it." (Kashi Raj Dahal, Constitution Expert, Chairman, High-Level Administration Reform Committee, Government of Nepal)