Bullet In The Head (1990)

Rayamajhi Report: a Royal Full Circle

It was a Monday night on April 21 that King Gyanendra reinstated the House of Representatives and handed back the power to the people. Come a full royal circle, and it was on Monday, November 20, that the High Level Probe Commission (HLPC) headed by former Supreme Court Justice Krishna Jung Rayamajhi, submitted the report of its findings of those guilty of suppressing the Jana Andolan II or the “Rhododendron Revolution”. It’s an unlucky seven for King Gyanendra, because 7 months hence, he has been found guilty of suppressing the people’s movement. This is the first time in Nepal’s history when a Monarch has been found guilty of any crime.


The Royal declaration that Monday night on April 21 on television by King Gyanendra, reinstating the House of Representatives and thereby handing the power back to the people was a sight to behold. To see an arrogant autocratic Monarch, back down and bow down to the will of the people was indeed a lesson for the entire world to see and learn. It showed that when an autocratic ruler, who has scant regards for the wellbeing and welfare of his subjects, tramples down upon the people of the nation and seizes their basic rights then there will be a mass upheaval the likes of which are not seen very often. It took nineteen people to die, nineteen martyrs to be born and thousands to be injured, some disabled for life, but in the end, the will of the people broke the will of the King. Their goal attained, by the people of Nepal, without firing a single bullet in retaliation. That indeed, was a historic moment.


Now what remains to be seen, is the fact that whether the people of Nepal can yet create another history for the world to see and learn. Will the Rayamajhi report suffer the same fate as the Mallick report? The Mallick Commission report was the one prepared about the findings of the suppression of the 1990 pro-democracy movement. Girija Prasad Koirala was the Prime Minister at that time, come another full circle, he is the PM now as well. About the reports itself, some of the people found guilty in the Mallick report are the same ones who have been named guilty in the Rayamajhi report. Yet indeed, another full circle. But the Mallick Commission report was never fully publicized and none of its guilty offenders ever punished. Maybe there wasn’t enough backbone for the political will at that time. But a lot of lessons have been learned since then. This time around, the whole population of Nepal, has given an overwhelming support to the political parties, including the Maoists, to bring about changes. As all parties are wont to say, they have the peoples’ mandate. Keeping this in mind, Koirala has promised to fully implement the recommendations of the HLPC. Chief of the Commission, Rayamajhi has said that they have prepared the report as per the people’s aspiration respecting the Rule of Law. The panel interrogated 294 persons for their alleged roles in suppressing the people’s movement II and recommended action against 202. However, King Gyanendra did not respond to the questions sent by the commission to clarify his role as then head of the government. The 1184 page Rayamajhi report has recommended action against all members of then council of ministers and some administrators among others. This includes King Gyanendra who was the Chair of the council of ministers at that time.


Action has been recommended to the guilty on charges of human rights violations and corruption and to some on both counts. As no existing law empowers the prosecution under charge of violation of human rights, the HLPC suggested promulgating a new law to enable this. But even in the absence of concrete hard laws of the country, there are soft customary laws such as the Universal Declaration of Human Rights and the Bill of Rights which can be used as a precedent to punish the guilty. Nepal has already proved itself as a unique example of conflict resolution, so it can once more set another example by using these customary laws to take action against the guilty.

A lot of history is being created in Nepal at this point of time. A comprehensive peace accord has been signed bringing an end to a decade long insurgency. At a time like this, when changes are coming – left, right and center – Nepal needs some strong leaders and a united political front which will be capable of taking tough decisions, no matter how difficult it may be. The implementation of the Rayamajhi report is one such act which requires courage, determination and the strongest of political will. There is an aphorism in Nepali which goes “a mouth that eats cannot be blocked by a moustache”. So I feel that if the government in power now, really wants to implement the recommendations of the Rayamajhi report, then it will do so, no matter the fact that there are no prevailing laws to support it. Nepal is forging its own path now, and it is at moments like these that Nepali’s should have the courage to take action and tread uncharted territories. The fact that there are no laws shouldn’t prevent them from framing new ones to set precedents for the rest of the world to follow. Seven months it has taken, for the commission to complete its work and present its report, I just hope that Koirala has enough will to implement its recommendations, so that it does come into a royal full circle and doesn’t become a royal fool circus.

About the Author

Tamang is the Director at the Alliance for Peace – Nepal, a non-governmental organisation working to enable and empower Nepali youths and can be reached at dipendra@afpnepal.org

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