Tuesday, 4 July 2017

Without reparation to historical injustice justice cannot be prevailed

For the historical social injustice and crime committed by the rulers and ruling colour, class and caste of specific territory, for instance Nepal, India or else to the certain community and ethnic groups (i.e. indigenous tribal ethnicity such as Tamang, and without social justice provided through reparation and compensation for their future generation NO PEACE and JUSTICE will be prevailed in those country or society proven from the history of this world human society.
In Nepal massive Genocide to certain ethnic and caste groups had taken place as per the legal Code of Conduct named "Muluki Ain" of 1854 AD which is still effective despite promulgation of the Constitute of Nepal in September 2015. For this historical injustice reparation is utmost to provide for the crime committed by our by then rulers and ruling colour, class and caste people.
According to the international law of 1946 recognised by the United Nations General Assembly (A/RES/96-I) that was codified as an independent crime in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention) Convention that was rectified by 147 member states in its Article II it has the term "GENOCIDE" has been defined as follow.
Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.
Although the popular understanding of what constitutes genocide tends to be broader than the content of the norm under international law. Article II of the Genocide Convention contains a narrow definition of the crime of genocide, which includes two main elements:
1. A mental element: the "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such"; and
2. A physical element, which includes the following five acts, enumerated exhaustively:
- Killing members of the group
- Causing serious bodily or mental harm to members of the group
- Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part
- Imposing measures intended to prevent births within the group
- Forcibly transferring children of the group to another group

1. United Nations, Geoncide Definition accessed from http://www.un.org/en/genocideprevention/genocide.html
2. The Recognition Of The Genocides As The Beginning Of Justice Against The Crimes Against Humanity, accessed from http://www.thinkinghumanity.com/2015/04/the-recognition-of-the-genocides-as-the-beginning-of-justice-against-the-crimes-against-humanity.html.

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