Human Rights Foster Positive Peace

Absence of war by no means signifies positive peace. A positive peace is innately linked to the protection, respect and preservation of human rights – not just civil and political rights but also social, economic and cultural rights. The new generation of rights embodies a clean environment, equitable progress, self-dignity and peace. These rights create a condition where individuals and communities can thrive in harmony. Positive peace is achievable in a society where public goods are shared by all, including the poor. Denial of basic needs and rights sets off a clash, impeding the process of sustainable peace.  

The Nepali constitution and the nation’s endorsement of the Universal Declaration of Human Rights set a condition for positive peace. Its classical notion of peace is derived from its spiritual scriptures and rituals. It aims to balance between inner serenity and relations with the outside environment, such as ecology, sky, water, Earth and air. Positive peace embodies cosmic thought beyond the contemporary knowledge system based on rational interests. A harmonious culture of peace fosters what Gautam Buddha calls a flawlessly blissful life.

Accountability

Human rights nurture democracy in all spheres of society and create a regime of accountability. The constitution has granted many rights to people, not only freedom and equality but also the right to work, education, health, food, water, shelter, social security, social protection, social justice, clean environment, etc.  Women, labour, indigenous people, minorities and the people of backward regions, children, senior citizens, and the disabled are given special rights. They provide objective grounds for justice. Nepal has also included social inclusion, proportional representation of diverse social classes and gender in governance to expand inclusive peace. The constitutional body, the National Human Rights Commission (NHRC), monitors human rights. 

The UN’s Universal Periodic Review mechanism periodically reviews the state of Nepal’s human rights. Its fourth cycle of review is slated for January 2026. It evaluates the execution of previous recommendations. The Nepali government, civil society, NGOs and concerned stakeholders are engaged in drafting the impartial report. The NHRC, however, often blames the government for only selectively implementing its recommendations, providing inadequate mechanisms, personnel, resources, and even seeking the attention of courts about rights abuses. Three key challenges of human rights are: the existence of structural injustice, impunity for past abuses and lingering transitional justice. Lack of political will to address deaths, victims and displaced identified by Truth and Reconciliation Commissions (TRC) and delay in the implementation of the comprehensive peace accord hinder the edifice of positive peace and shut the dreadful chapter of Nepal’s history.

The TRC aims to provide justice to conflict victims by truth telling, memorialisation, reparation and reconciliation. The Maoist combatants have been integrated while also getting economic dividends.  But these measures are not enough to address the underlying causes of conflict. Victims are expressing discontent with the TRC process and demand fair practices, ownership and inclusion.  During the armed conflict, youth, children and women were coercively recruited as soldiers and informers who were later disqualified. Many conflict victims face trauma and psychological disorders. Injustice to them holds the risk of relapse of frozen conflict into direct violence. Nepal’s current human rights issues are unlawful killings, degrading treatment, domestic violence, restriction on the freedom of the media, child labour, trafficking of women, bonded labour and poor execution of the constitution. The culture of peace requires the creation of peace infrastructures, ownership of stakeholders in it, and an economy of peace. 

The protection of the human rights of Nepalis strengthens the basis of democratic culture. These inalienable rights are intertwined with positive peace. When people know about their rights and responsibilities, their behaviour becomes habitual, trustworthy and cooperative. Its realisation shuts social fissures of society and spurs healing processes.  It also helps Nepalis realise their full potential and build confidence about the future.  Nepal has to change the mode of political socialisation in schools, political parties, media and civil society so that they can transform the partisan bias and consider others as co-citizens.  The peace accord has provided opportunities for the political actors to contest for power, but failed to create common ground for human rights vital for lasting peace.

Peace accords 

There are good examples of how peace accords provided an interface for democracy, human rights and peace. The Colombian peace agreement between the government and the revolutionary armed forces and the Good Friday agreement among the political parties of Northern Ireland set examples of the harmony of human rights and peace.  The end of the apartheid regime in South Africa set another example of racial justice and peace. The critical requirements of promoting peace are the fulfilment of legitimate needs, rights and desires of people, not just those of the power elites seeking illegitimate greed. 

A good human rights record marks its global acceptability. The UN, Human Rights Watch and the Office of the High Commissioner for Human Rights (OHCHR) have played crucial roles in keeping due diligence about rights and the culture of peace. They have sought to prevent the present and future sources of conflict. They have collaborated with the UN and Nepali institutions in matters of technical, financial and advocacy support for transitional justice, reconciliation, human rights monitoring and peace-building. Advocacy of peace by NGOs, civil society and community organisations has also contributed to fostering a culture of peace.  Human rights protection might prevent the activation of international jurisdiction in the nation’s sovereignty.  Hence, to avoid this situation and set the precondition for peace, respect for human rights upholds supreme importance.   

(Dahal holds an MA in Peace and Conflict from Otto-Von Guericke University, Germany).