Stalemate in Nepal

Padmaja Murthy, INFA

Nepal appears to be heading for turmoil once again, with the Maoists quitting the interim coalition Government led by Prime Minister Girija Prasad Koirala and threatening to return to the streets if the country was not declared a republic immediately. The first casualty of the Maoists action seems to be the disruption of the year-long peace agreement between the CPN- M and the political parties. With the election process already on uncertainty now looms large on whether the 22 November elections to the Constituent Assembly will go ahead as scheduled. Given the Maoists threat to derail the poll plans. It appears that the Maoists action was dictated by the feedback that they may not get a sizeable share in the seats Assembly and they had started having second thoughts on the entire political process initiated in the last few months. In fact, the Maoists wanted some dramatic shift like the abolition of the monarchy to swing votes in their favour. With the ruling Nepali Congress unwilling to go along with this type of change it has resulted not only in a stalemate between the Party and the Maoists but also put a question mark on the election process.

The genesis of the problem has it roots in the Jan Andolan II of April 2006 which forced King Gyanendra to restore the House of Representatives, dissolved in May 2002.When the House met in late April, it committed itself to holding the elections for a Constituent Assembly and a Government under Prime Minister Koirala was formed. The HOR declared itself a 'sovereign,' 'secular' and 'supreme' body, brought the army under civilian control, dissolved the royal Privy Council and cut the power and privileges of the King. A 25-point Code of Conduct was also drawn up between the Maoists and the Government during the ceasefire period. In November 2006, the Maoist Chairman Prachanda signed a historic deal with the Seven Party Alliance (SPA). The SPA consists of the Nepali Congress, Nepali Congress (Democratic), Communist Party of Nepal (UML), Jan Morcha Nepal, Nepal Workers and Peasants Party, Nepal Sadbhavana Party (A) and United left Front. Among other things, it called for elections to the Constituent Assembly (CA). Having had their way, the Maoists had successfully changed the political agenda in Nepal. Thus began the transition process in Nepal. With a clear goal to hold the Constituent Assembly elections.

The CA so elected would then draft a new Constitution which would transform the socio-politico-economic structure of Nepal, making it both democratic and inclusive. Given the consensus, the CA would also declare Nepal a republic. Prachanda also signed the historic Comprehensive Peace Agreement which declared the end of war that had been going on since 1996 between the Maoists and the Government. The tri-partite agreement on arms management of both the Nepali Army (NA) and the Maoist People's Liberation Army (PLA) was concluded between the UN, the Government and the CPN-(Maoist). In January this year, an interim Constitution promulgated by the SPA and the Maoists set-up a 330-member interim legislature which included 73 from the CPN (Maoist). The 22-member Cabinet which included 5 Maoist was headed by Prime Minister Koirala. From being branded as terrorists the Maoists were now partners in the Government.

The transition period, so far, has seen instances of great statesmanship and flexibility. Sadly, what stands out is the extreme violence, use of arms, abductions, extortions, killings and rigid stands taken by various groups. Resulting in serious reservations about whether the Constituent Assembly elections would be held at all as scheduled on 22 November 2007. Nepal, a country with a population of over 30 million has more than 100 ethnic/caste groups and over 93 languages. Post Jana Andolan II, many of these ethnic/caste groups - some old and some new are asserting for their rights once again. They believe that unless they have enough representatives elected in the CA, their political space will not be guaranteed which in turn will determine their economic and social space. While the interim legislative Parliament agreed on a mixed electoral system, they are now demanding complete proportional system for the CA elections.

The demand on the nature of federalism and autonomy and self determination varies from group to group. They want assurances on all these aspects before the CA elections are held. What has complicated matters is that these groups, like the Maoist insurgents, have adopted extreme violent means to put forward their demands. The agitations in Terai have become a major cause of concern .The Government held four rounds of talks with the Madhesi Janadhikar Forum (MJF) but could not reach an agreement on key issues. It has called other agitating groups in the region for dialogue. The Janatantrik Mukti Morcha (Jwala Group) has ordered officials, hailing from the hills to leave the Terai plains, thereby vitiating the already tense atmosphere. Moreover, some of these groups have violent conflicts among themselves and also with the Maoist affiliated Madhesi groups. The Chure Bhawar Ekta Samaj has been demanding security and protection of rights of people of hilly region living in Madhesi region and an autonomous status for Chure Bhawar region.

The Government has held several rounds of negotiations with the Nepal Federation of Indigenous Nationalities (NFIN). It has also agreed to at least one representation of the 59 listed ethnic communities. The NFIN too has climbed down from its demand for a fully proportional representation based elections to the CA. The indefinite bandh called by Sanghiya Limbuwan Rajya Morcha and Khumbuvan Rashtriya Morcha (KRM) continue to paralyse life in eastern districts. There are agitations by the Dalit Civil Society Movement calling for 20 per cent reservation for the Dalit community in the Constituent Assembly. On the other hand the Maoist affiliated Young Communist League is engaging in indiscriminate abductions and torture. Going back on its earlier consensus, the Maoists now want a Republic declared before the CA elections. They are also demanding a fully proportional electoral system and not the mixed electoral system agreed to by them earlier.

The second round of verification of the Maoist combatants and arms by the United Nations Mission in Nepal (UNMIN) is also facing problems due to non-compliance by the Maoists. In sum, all these issues need to addressed before the Constituent Assembly elections. The agitating groups need to realize that the CA elections will benefit them. For that law and order needs to be maintained. Importantly, the Constituent Assembly elections are a means to an end and not an end in itself. Only when the process of drafting a new Constitution concludes can Nepal be said to be out of the transition period. It is the only real chance of stability in Nepal. Between Jana Andoaln I and Jana Andolan II, the politico-socio-economic agenda of Nepal has permanently and positively changed. Whoever comes to power has to address the legitimate grievances of the marginalized sections of society. The CA elections will institutionalize the gains made so far and take the transition process further. If the civil society in Nepal is any indication, they will choose stability to anarchy. Further with the support from international actors, it is a task which needs to be accomplished.

Source: Central Chronicle, September 24, 2007

Q&A: Nepal's future

Former Maoist rebels in Nepal say they are pulling out from the interim government in protest over its failure to abolish the monarchy ahead of constituent assembly elections due to be held in November.

Why do the Maoists say they want to quit now?

The Maoists accuse Nepal's interim coalition government of failing to function in the spirit of the agreements reached earlier this year, when they say it was agreed that the monarchy should be abolished before the constituent assembly elections. Other parties in the interim government deny there was such an agreement.
In a list of demands submitted to the government, the Maoists called for Nepal immediately to become a republic instead of a constitutional monarchy. They also want the country to adopt a proportional representation system of elections, and for the vote itself to be delayed.
They have demanded that a commission should be established to investigate the disappearances of their supporters during Nepal's decade-long civil war, as well as better salaries for their former fighters, who they say are not being properly integrated into the country's army as agreed earlier this year.
Some observers say the Maoists have only threatened to withdraw because they fear they will not perform well in the 22 November elections.
So will they really leave the government?
The prime minister has not yet accepted the resignation of the four Maoists in the cabinet. Some analysts say that in tendering their resignations, the Maoists might just be trying to exert pressure on the prime minister and his allies to bow to their demands.

Are the Maoists likely to return to armed conflict?

The rebels have currently given no indication that they will return to arms, and have insisted that following last year's ceasefire with the government, they are committed to the path of peace.
Correspondents say that one option they may follow is to pursue a coalition agreement with the mainstream Nepal Communist Party (United Marxist-Leninist) - one of Nepal's mainstream political parties - and in so doing gain a significant share of power in the constituent assembly administration.

What is the point of the constituent assembly?

Under the terms of last year's peace deal, the future of the monarchy was supposed to have been decided by a democratically elected constitutional body, or constituent assembly, which will decide the country's future by devising a new constitution.
Critics of the rebels say that the issue of the monarchy was resolved in earlier negotiations with the rebels. At that time they said that their declared aim was for Nepal to become a communist republic, and that they would respect whatever the constituent assembly decided about the future of the monarchy.
All this comes amid a rise in ethnic and religious tension in Nepal, as different regional and political groups strive to assert their authority in advance of the polls.

Why did the Maoists suspend their armed struggle in November 2006?

The Maoists called a ceasefire after King Gyanendra ended his controversial direct rule in April 2006 and restored parliament.
The king backed down after weeks of strikes and protests against his rule which saw huge demonstrations against him.
Political parties who were then in opposition, and are now in government, had promised to work with the Maoists as a prelude to bringing them into government.

Why did the king back down and agree to reconvene parliament?

The short answer is the sheer size of the demonstrations against him - some of the biggest that the country has ever witnessed.
Faced with this vast display of people power, analysts say that the king had no choice but to back down or the country would have descended into anarchy.
Observers say with international pressure mounting on him and the mood among his opponents at home hardening, particularly after the deaths of a number of protesters at the hands of the security forces, the king had few other options.
The current parliament has now effectively reduced the monarchy to a ceremonial role. It has also ended Nepal's status as a Hindu state and turned it into a secular state.

Why did the king seize power in February, 2005?

He accused Prime Minister Sher Bahadur Deuba's government of failing to win the support of the Maoist rebels for a deadline for peace talks and of failing to prepare the ground for elections in the spring of 2005.
However, analysts suggest the king might have been using these issues to strengthen his own role in Nepalese politics, perhaps seeking to create an absolute monarchy.
Whatever his intentions, his plans backfired and he finds himself in a much weaker position now, having in effect catalysed his opponents and the rebels into forging peace.

How strong are the Maoists?

At the height of their insurrection, the Maoists were virtually in control of most of rural Nepal, although the authorities disputed this.
They were frequently capable of launching enforced blockades of major towns and cities, showing they had the power to paralyse the economy.
As part of the ceasefire deal, both the rebels and the army agreed to put their arms beyond use under UN supervision, with former rebels confined to their bases at cantonments across the country.
Some analysts argue that the emergence in recent months of around a dozen armed groups in the south of the country - all extremely hostile to the former rebels - has meant that their hold over this populous part of the country has been weakened. In the cities, their support has never been strong.
But the rebels have remained capable of holding large-scale rallies across the country, and have threatened to use this tactic again on a large scale if their latest demands are not met.

Where do the Maoists derive their ideology?

The Maoists claim to be inspired by Chinese revolutionary leader Mao Zedong and want to establish a communist state.
Their shadowy leader's name, Prachanda, is translated as "the fierce one". The group is modelled on Peru's Maoist Shining Path guerrillas.

What was the human cost of the conflict?

More than 13,000 people were killed in violence in Nepal when the insurgency began 10 years ago, many of them civilians caught in cross-fire with security forces.
Both sides in the conflict were frequently accused of carrying out human rights abuses.

Source: BBC NEWS: September 18, 2007

Maoists 'short of options' in Nepal

Dhruba Adhikary

Nepal's interim government faces its first major setback after former Maoist rebels announced their decision to recall their ministers from the cabinet.

The withdrawal of a major partner from the coalition comes just two months before the country goes to crucial polls to elect an assembly tasked with drawing up a new, democratic constitution.
The Maoist announcement, however, was neither sudden nor unexpected.
While Prime Minister GP Koirala was familiar with Maoist discontent, he and leaders of other political parties in the government did not actually believe that the former rebels would leave the team before the task was completed.

The rebels had, after all, ended a decade-long armed insurgency in order to be a part of mainstream politics.
When Maoist leader Baburam Bhattarai announced that all four Maoist ministers had resigned from posts they had occupied since April, he accused leaders of other coalition groups of not taking their well-publicised 22-point list of demands seriously.
Maoist leaders have also been saying that two of their demands are important if the polls set for 22 November are to be a meaningful exercise.

Monarchy row

Their first main demand is that the feudal institution of the monarchy be abolished ahead of the polls, to be replaced by a republic.
The second is that the traditional first-past-the-post electoral system be changed to one of proportional representation.

The Maoists consider this essential to give space to traditionally marginalised groups in society.
Maoist leader Bhattarai sought to offer reassurances that, although the former rebels opposed the November vote, his party would not withdraw their commitment to the peace process.
He also said that Maoist combatants now sheltered in UN-monitored cantonments would remain where they have been living for the past few months.

The written understanding reached previously to work with the coalition of seven parties, Mr Bhattarai said, would not be cancelled.
But it is not clear how reliable such assurances are, given that the Maoist leadership has already issued directives to their comrades across the country to launch a "peaceful" agitation with a view to preventing the forthccoming elections - which from their standpoint would be a farce.

Maoist vote fears

Elections cannot be free and fair as long as the monarchy is allowed to survive with possible support from a loyal army, goes the Maoist theory. Independent political analysts suspect that the Maoists' decision to stay away from the polls is because they now realise that it is simply not feasible to expect to gain a majority of votes from people who were terrorised by them in the past.
But the Maoists do not agree with this viewpoint and say they have been forced to change their position in the context of growing conspiracies.
They accuse external powers (mainly India and the US) of not wanting a stable and prosperous Nepal with China as its northern neighbour.

Prime Minister Koirala and other coalition leaders appear disappointed by the Maoist attitude over the monarchy.
They say they have all publicly expressed their commitment to opt for a republican set-up after the November polls, and there was no need for the Maoists to cast doubt on the sincerity of other partners who worked together to bring about the political changes which ended palace rule in April 2006.

Left coalition?

Mr Koirala and other party leaders want the Maoist leadership to honour the agreements they signed - and say they face losing credibility as a political party if they do not.
Some of the leaders are angry with the Maoists for trying to deprive other parties of their due credit for having played a role in the continuing changes.
Analysts say that the Maoist have limited options.
The chances of their going back underground are slim in view of the sea change in overground politics in the past year.

Crossing the border into India is not easy either, especially in view of Delhi's changed policy towards the Maoists.
Indian authorities are also concerned over the growing Maoist menace that some of its states have been facing in recent years.
One possible way out for the Maoists would be to settle for some kind of coalition politics with other left-wing parties.
In fact, some of the smaller left-leaning parties have already started to receive feelers from the Maoists about forging an alliance.

Source: BBC, News, September 18, 2007

Red Army in the Dragon Kingdom

Deepak Adhikari

Another Maoist insurgency is going to rock yet another country in South Asia, if the statements made by the leaders of the Communist Party of Bhutan Marxist-Leninist-Maoist (CPM MLM) are anything to go by. “Preliminary preparations for an insurgency are over. We are going to launch it soon,” says Vikalpa, nom-de-plume of CPB MLM General Secretary.

Bhutan is holding its parliamentary elections in March and April 2008. But, prior to the election date, CPB MLM plans to launch its ‘People’s War’ in the Himalayan kingdom.
The goal: Abolition of monarchy and establishment of a republic.
Following the footsteps of Nepali Maoists who had submitted a 40-point demand to the then Prime Minister Sher Bahadur Deuba before launching a ‘People’s War’, CPB MLM faxed a 13-point demand to the Royal Government of Bhutan on March 22, 2007.

The letter stressed the need to “introduce people’s democracy in the place of absolute monarchy.” The party has asked for multi-party democracy, repatriation of the refugees to their original homes with honor and dignity, release of all political prisoners and to introduce the land reform act etc.

Vikalpa (literally, alternative) says that fulfillment of the demands would have paved the way for a peaceful resolution. “But, the government, rather than taking it seriously, has unleashed terror by arresting commoners, and this has prompted us to wage an armed struggle,” says CPB supremo Vikalpa.The Druk regime is yet to respond to these demands.

The unfolding events suggest that South Asia’s only active monarchy that is ruling the so-called ‘Last Shangri-La’ is likely to take the country into Maoist violence. The eruption of militancy in northeastern South Asia will not only push Bhutan into turmoil but the two biggest Asian power i.e. India and China will have to deal with yet another insurgency in their backyards.

Source: Toriganthe TV, September 25, 2007

The Political Stand Off In Nepal

Harsh Dobhal

This week, Maoists have resigned from the government after most governing parties opposed their demand that the monarchy be abolished before the elections scheduled in November. They have clearly accused PM Koirala and his Nepali Congress of trying to protect King Gyanendra and have warned to start a new "people's revolt" for the abolition of monarchy. Maoists were quick to gather that conservative elements in political parties are gathering together. Other coalition partners contend that the decision about Nepal's future political system should be decided by a special assembly after the November elections.

Having suffered for decades at the hands of a brutal, Royal Nepalese Army, armed police and king's other security forces, the people of Nepal rose in millions during the April revolution last year with a clear objective in mind: abolition of the centuries-old monarchy.
Despite American, Chinese and Indian chess games of diplomacy, the people of Nepal succeeded in putting their stamp on history and the king was forced to retreat and give up his absolute and unlimited powers. As in all revolutions, there was always the danger that the forces of reaction would regroup and old hawks of Nepali politics will try to have their way.

After over a decade of underground struggle, Maoists came over ground, disarmed and joined the government with the Seven Party Alliance. They put forward a series of unprecedented proposals for the restoration of true democracy, the disarming of the militia and drafting of a new Constitution. It was a brave decision by Maoists to outline the roadmap for a brave new Nepal.
Maoists, as much as the people, were always clear that monarchy should have no place in Nepali politics, that the country should be immediately declared a Republic. They never had any doubt that Nepal needs a general election, having abolished monarchy where the most marginalized - the dalits, the adivasis, madhesis, vanvasis, women, minorities and other weaker sections - will have adequate representation.

At that time the move was seen as an end to their armed rebellion and this little, beautiful Himalyan nation appeared to be on the threshold of a new era. This week, Maoists have resigned from the government after most governing parties opposed their demands that the monarchy be abolished before the elections scheduled for November.
They have clearly accused Prime Minister Girija Prasad Koirala and his Nepali Congress of trying to protect King Gyanendra and have warned to start a new "people's revolt" for the abolition of monarchy. Other coalition partners contend that the decision about Nepal's future political system should be decided by a special assembly after the November elections.

The Maoists had earlier joined the interim government in April 2006, after signing a peace agreement with the government. The new developments simply signify the fact that Nepal's politics has been slowly but steadily lapsing into complacency from such momentous changes that were paving the way for not just consistent and lasting democratisation of the State but also its secularisation from a declared only Hindu State.
Maoists were quick to gather that conservative elements in political parties are gathering together. However, these forces would be compelled to come to negotiation with Maoists as the tide might rise once again. Maoists may have lost some ground after April Revolution of last year, but they have enough base to win back that ground. And they know it, for otherwise none is going to be as hard hit by new developments as Maoists who had laid down their weapons at a time when the mood in Nepal was upbeat.

The crisis that had been gathering over Nepal howsoever surreptitiously during past few months bode ill for the Maoists. And, they had no option but to take a strong decision to quit the government. Koirala had sadly been missing this till the Maoists decided to part away with his dispensation. Even if the country goes to polls on November 22, the appeal of the Maoists would be powerful, as they have raised more basic issues than merely electing legislators. So it is in the best interest of the government and the people to see as to how the Maoists' participation in not just polls but the political process is won back.

India has come under Nepalese ire, for Koirala has been blamed of toeing New Delhi's line. Yet, the fact is that the Manmohan Singh Government is grappling with its own crisis where the Left is miffed by it over the nuclear issue and it lacks the kind of cohesion that it had until last year when the Nepal crisis was solved.
India can facilitate in solving a crisis in a neighbouring country like Nepal, but it can only ill afford to dictate anything to any one. The move by Maoists has raised fresh questions about the peace process and stability in Nepal. Will the feudal, pro-monarchy forces and their external patrons come together for maneuver? Does the political mainstream of Nepal now belong to these elements or to radical forces?

Is the spirit of the April revolution still lingering in the hearts of Nepalese people? Are some of the parties engaging in a conspiracy against the peoples' aspirations and demands? The answers to these and many other questions will unfold in coming weeks and months.

Source: Counter Currents.Org, September 25, 2007

NEPAL: INDIA IMPOSE TRAVEL RESTRICTION ON MAOISTS

Latest reports have it that the Indian establishment has issued a ban order against the Maoists in Nepal from entering into their Territory. To recall, it was India that sheltered the Nepali Maoists for over a decade when they were waging a revolt in their homeland and were categorized as terrorists across the globe. The US has yet to lift the terrorist tag from the Maoists.

Now, the Maoists after joining the main stream politics consider themselves as a democratic force and prior to that signed an agreement in New-Delhi with the main stream political parties in Nepal, this Indian move to stop the Maoists is rather perplexing, say analysts. To recall, the Indian establishment brought the leaders of the then agitating seven parties in Nepal in Delhi and managed a “12-Point Treaty” with the Maoists on November 22, 2005 which facilitated the Monarch to step down from power.

As reported, some Maoists’ leaders along with their cadres who were trying to cross the border from somewhere in Baitadi district were stopped by the Border Security Force saying that they have orders to stop them from entering into India.

Source: The Telegraph Nepal, September 27, 2007

Why the king must go

Billy Briggs

In an exclusive interview, Billy Briggs talks to the Maoist commander who may soon determine his country’s fate

Chairman Prachanda sits on a leather sofa and glances out at the torrential rain of Nepal's monsoon season. We are in his office at the Maoist headquarters in the capital, Kathmandu. On the wall above his head are framed photographs of Marx, Engels, Lenin, Stalin and Chairman Mao. "They were all great men, but I particularly admire Lenin's political dynamism," says the leader of Nepal's Maoists and commander of a rebel army that waged war in the Himalayan nation for more than a decade.

The insurgency, an attempt to establish a communist republic, claimed 13,000 lives, ending only last year after protests forced King Gyanendra to end his dictatorship and restore democracy.
Prachanda, a nom de guerre that translates as "the fierce one", was the man who signed a historic peace deal last November. He agreed to return 30,000 People's Liberation Army fighters to the jungle in camps monitored by the UN, a move that took the Communist Party of Nepal (Maoist) - CPN (Maoist) - into a transition coalition government. The Maoists joined the interim parliament in January, gaining 83 seats out of 330, and in April secured cabinet posts. "The rebellion was justified and we have embraced democracy," says Prachanda, whose real name is Pushpa Kamal Dahal.

Nepal's nascent peace process has been fragile, however. The Maoists continue to demand the abolition of the monarchy and that a republic be declared ahead of constituent assembly elections due to be held on 22 November. The poll is designed to elect a body that will rewrite Nepal's constitution and decide if the monarchy should stay or go, part of the peace deal agreed last year. But despite signing up to this, the Maoists recently stormed out of the coalition after the government refused to bow to their demands, throwing the process into crisis. I ask Prachanda why he reneged on the accord and will not allow the Nepalese people to vote on the future of the king.

"The masses took part in a rebellion against the king, so they have already given their mandate for Nepal to be a republic," he says. He claims that supporters of Gyanendra, and the king, already stripped of direct power and his status as head of state, would probably sabotage any election. Prachanda's critics say the Maoists are scared of a vote because popular support for the party has fallen in recent months as a result of rising violence across Nepal, much of it blamed on the youth wing of CPN (Maoist) - the Young Communist League, which appears to have embarked on a campaign of terror. At least 60 people have died in fighting between various political factions, but Prachanda denies Maoist involvement. "There have been problems with armed groups, and this is why we feel the environment is not conducive for an election at the moment. But we are not organising the violence."

The Maoists' strategy, he says, will be to appeal to the masses to demonstrate peacefully, adding that his party will not prevent the vote taking place and will fully respect the outcome. Although many in Nepal feel Prachanda is holding the nation to ransom, with a ballot box in one hand and a rifle in the other, he insists his party will not break the ceasefire. "We will not resort to violence . . . unless the demonstrations are forcibly put down." The US ambassador, James Moriarty, has reiterated America's position that the Maoists remain on Washington's list of terrorist organisations. The EU and the UN have also condemned the recent violence. Prachanda laughs. "How can the US accuse anyone of being terrorists when it is they who export violence to places like Iraq and Afghanistan? Who are they to talk about morals?" he says.
Ethics are certainly a concern for Prachanda, who is puritanical in his determination to outlaw alcohol, gambling and "vulgar literature" from India and the US.

Let's talk morals, then: what about the recruitment by the People's Liberation Army of thousands of child soldiers, many of whom have not yet been returned to their families? He denies that any such policy ever existed, despite strong evidence to the contrary, presented in February by Human Rights Watch. "I do not know why people are afraid of us," he says. I point out that a stated aim of the Maoists is to export communism to the world through a global revolution. Prachanda nods, and says he looks forward to an ideological debate with the west.
"Would the revolution you envisage involve an armed struggle?" I ask. "That would depend on the masses," he replies.

Prachanda admits there are direct links between Nepal's Maoists and the Indian Naxalites fighting for communism in impoverished states such as Andhra Pradesh. He also supports the repatriation of more than 100,000 refugees from Bhutan who have languished in camps in eastern Nepal for 17 years. Bhutanese Maoists, with whom he says local groups "may have a relationship", are active in the camps. There have been rumblings about an armed struggle in emulation of the Nepalese Maoists.

Does he still advocate the execution of the king? Prachanda replies that a "people's court" should decide the monarch's fate, adding that his adversary is responsible for the deaths of many innocent people. I counter that the Maoists tortured and summarily executed many people during the conflict and that as leader, pursuing his own logic, Prachanda is surely as guilty as the king. "Ours was a mass movement, a mass rebellion of the people," he says. "So it was all completely justified."

Source: New Statesman, September 27, 2007

Sounding the red alert

SD Muni,

With the Maoists quitting the government, there is a real risk of the peace process in Nepal going astray. Though the leadership has promised to keep the struggle peaceful, the country faces a serious crisis

The decision of Nepal’s Maoists to quit the Eight-Party Alliance government and launch a ‘peaceful’ agitation for the establishment of a republican Nepal even before the Constituent Assembly (CA) elections is, on the face of it, a breach of their commitment. In their Comprehensive Peace Agreement (CPA) of November 2006, with the G.P. Koirala-led Seven Party Alliance (SPA), the Maoists had agreed to let the elected CA decide on the issue of monarchy or republic in its first meeting. The Maoists have also reversed their earlier decision to opt for the elections on the basis of a mixed system of direct and proportional voting. Now they want a wholly proportional basis for the elections. These are the two principal demands in their 22-point charter that the SPA has refused to accept.

The Maoists are driven by three motives. The first is that they have genuine concerns over the ‘regressive forces’ led by the monarchy that will not allow smooth, free or fair elections, only to ensure that the republican agenda is thwarted. The role of these forces in fuelling the Terai violence, instigating the recent blasts in Kathmandu and vandalism in the Terai region are cited by Maoists to justify their fears. In their assessment, the present king and his coterie, though politically redundant, have enough resources to create mischief. They refer to the June 2007 amendment to the interim constitution which says that if the king is found to be disrupting the peace process, the interim parliament may, by a two-third vote, declare Nepal a ‘republic’. But the Maoists suspect that sections of the SPA, as well as countries like India and the US, would still prefer a ceremonial monarchy over a republic.

Second, the Maoists complain about being shabbily treated by the interim government and that they were kept out of the key ministries of home, finance, foreign and defence. None of the important ambassadorial assignments, in India, China, US and Britain, were given to them. In other critical administrative and political appointments, they were not offered adequate representation. Their cadres have not been given promised facilities. They also allege attempts to marginalise them politically. The turning of the Madheshi movement against the Maoists that seriously dented their political base in Terai is pivotal to this impression. The Maoists have a real fear that the drive against them will lead to a serious slump in their electoral prospects. They have, accordingly, been asking for an assured share in the winnable seats in the elections.
The internal divisions within the Maoist organisation have deepened. There has always been two viewpoints among the Maoists: those who want to get into the democratic mainstream and the rest who want to carry on with their ‘struggle’ until all their demands were met.

Prachanda and Bhattarai can ignore the 22-point demand charter at the cost of their credibility within the organisation. The Maoists, however, are conscious that their move will lead to sullying their public image and international reputation. They were desperately seeking a face-saving mechanism to solve their political dilemma. They proposed a parliamentary resolution to declare Nepal a republic before the elections, but subject to final endorsement by the elected CA. Prime Minister Koirala refused to concede that, as that would have made the elections appear to have ben fought on a Maoist agenda, giving them huge political mileage.

The Maoists’ action has raised serious questions on the peace process as a whole. They have threatened to withdraw from the CPA as well as various understandings worked out with the SPA. There is a real possibility of accidental violence as well as a possibility that hardliners among the Maoists can instigate violence. Though the Maoist leadership is committed to keeping the struggle peaceful, but there is real risk of losing control.

The Maoists may realise that it will be impossible for them to achieve their political goals through an armed struggle particularly under an internationally supported democratic government. The regressive forces and all those who have stakes in disrupting peace and stability in Nepal may also exploit the opportunity provided by the Maoist agitation. This can only serve to worsen the suffering in the poorly governed mountain nation. A further loss of credibility of the democratic experiment will only frustrate the aspirations of the Jan Andolan-II of April 2006.

All those who have stakes in a stable and democratic Nepal, particularly India, need to ensure that the narrow political space still available to resolve the crisis is harnessed constructively.

SD Muni is visiting scholar, IDSA and Editor, Indian Foreign Affairs Journal.

Source: The Hindustan Times, September 20

Maoists to quit govt by Monday if there is no agreement: Prachanda tells PM

KATHMANDU, Sept 15 - Maoist chairman Prachanda informed him that they have decided to quit the government by Monday if there is no agreement on the 22-point “pre-requisites” floated by the Maoists for the Constituent Assembly elections soon.
Prachanda flanked by his second-in-command Dr Baburam Bhattarai had gone to meet Prime Minister Girija Prasad Koirala Koirala at the latter’s official residence at Baluwatar Saturday morning.
“The Prime Minister told the Maoist leadership that this is not the time to quit the government,” Home Minister Krishna Prasad Sitaula told reporters after the meeting. “The Prime Minister also said that the eight-party unity must be further strengthened.”
The Prime Minister also said that the unity between the eight parties must be maintained for the next 8 to 10 years.
However, Prachanda insisted that they will quit the government if there is no agreement on their demands including declaration of a republic ahead of the Constituent Assembly elections, then they will hold a mass assembly in the capital in two days to announce Maoist withdrawal from the government.
The Maoists plan to hold mass assemblies in different parts of the country to declare their upcoming strategies in the next couple of days.
The Maoist leaders are due to meet CPN-UML General Secretary Madhav Kumar Nepal this afternoon to discuss their demands.
Only yesterday, Communications Minister Krishna Bahadur Mahara had disclosed that the Maoists have already issued an ultimatum to Prime Minister Koirala to quit the government within the next few days if their demands were not fulfilled soon.
“We, all four Maoist ministers in the government, have issued an ultimatum to the Prime Minister to draw serious attention of the government to our issues related to 22 point (demands),” said Mahara, who leads the Maoists in the government. “We told him that if these issues do not become the agenda in the cabinet than we won’t have any other choice than to quit the government.”
When asked when they plan to quit the government, Mahara said that if the Prime Minister keeps on turning a deaf ear to their demand than they will be forced to quit the government by the end of the Nepali month of Bhadra (September 17). Earlier yesterday, Prachanda had said that efforts were on to take the other seven parties on board on “pre-requisites” for the elections.
At the same time, he had added that they would be compelled to take to the street if the consensus does not materialize.
The major factions of the ruling alliance such as Prime Minister Koirala-led Nepali Congress and CPN-UML have criticized the Maoists for trying to impede the November 22 elections by setting pre-conditions.
All other parties inside as well outside the parliament have already geared up for the elections.

Source: The Kathmandu Post, September 15, 2007

Republican Agenda : Gaining Ground After NC's Decision

Yuba Nath Lamsal

THE Nepali Congress recently made a historic decision to go for a federal democratic republic departing from its traditional standpoint. This decision, if endorsed by the party's General Council which is to be convened soon, would have a far-reaching impact on the national politics of Nepal.Traditional policyIt is a clear departure from the traditional policy of the Nepali Congress, as it had been advocating the constitutional monarchy right from its inception. The recent decision to adopt the republican set up must have been made keeping in view the people's mood and changed national political context. When the Nepali Congress was born, its sole objective was to establish a multi-party democracy in Nepal by overthrowing the family autocracy of the Ranas. The issue of monarchy did not figure during that time as the monarchy had no role in Nepal's politics and state affairs. When the Nepali Congress-led movement was picking up in 1950, the then king, for several reasons, virtually abdicated the throne and took political asylum in India. This gave a moral boost to the Nepali Congress and other forces that had been struggling against the Rana rule. The Nepali Congress then took the king as an ally and restored the monarchy after the political change in 1951. The Nepali Congress was a revolutionary party when it was born. During that time, several leaders of the Nepali Congress, including B. P. Koirala, were for a republican Nepal. His philosophy of democratic socialism in the beginning had no place for monarchy. Socialism is a system in which the monarchy does not exist. Thus, the very principle B. P. Koirala opted for Nepal cannot support the monarchy.

Democratic socialism is a political system in which the people should be sovereign. Hereditary rule like the monarchy is not compatible with a democratic socialist polity. But BP later came to champion multi-party democracy and constitutional monarchy as the two pillars for Nepal. This was because BP could not face the mounting pressure from the then Indian rulers, particularly Jawaharlal Nehru, who wanted the King to be restored and have a say in Nepal's politics. The then Indian Prime Minister supported the monarchy because India thought that a king could be a force to serve Indian interests in Nepal. Moreover, King Tribhuvan had assured that once restored, he would act in accordance with the advice of India. Indian pressure can be understood against the background of its souring relationship with communist China that has a long border with Nepal. This was part of an Indian strategy to counter Chinese influence in Nepal. At the same time, BP thought that the king would be co-operative to the democratic process in Nepal, which King Tribhuvan had pledged at the time of the tripartite Delhi Agreement. More than that, the main reason why BP supported constitutional monarchy was the national and international political scenario during that time. It was a time when the communist and socialist movement was surging in the international arena. The Soviet Union was expanding its socialist empire and China had emerged as a new communist nation. A revolutionary zeal and wave had swept the world at that time. The emergence of China as a strong communist nation was a matter of great concern and worry for Indian rulers and the Nepali Congress.Some young revolutionaries had already established a communist party in Nepal that had championed a republican set up and a radical change in Nepal. The establishment of the communist party in Nepal and its rising influence were perceived as a threat to the Nepali Congress and other traditional forces in Nepal, including the monarchy. BP thought that the possible communist influence in Nepal could be checked only if the anti-communist forces were united.

There was a tacit agreement among the traditional forces of Nepal and also with the Indian rulers to co-operate against the communist influence. Thus, the Nepali Congress adopted the policy of constitutional monarchy while the other forces, including the royalists, were supportive of the Nepali Congress. The merger of the Gorkha Dal, which had earlier been die hard anti-Congress, with the Nepali Congress can also be viewed against this background. BP remained a supporter of the monarchy throughout his life, and he did so because he thought that communist influence could be checked only through the unity of the Nepali Congress and the monarchical forces. However, the situation changed in the '70s. Although the relationship between India and China was still not good, the strategic partnership between India and the socialist Soviet Union had an impact on Nepal's politics as well. As India aligned more with the Soviet Union, BP was a little critical of the then Indian establishment on its hobnobbing with the communist bloc, especially on issues like Soviet intervention in Afghanistan and Vietnam's role in Cambodia. India under Indira Gandhi's rule had supported the Soviet intervention in Afghanistan and Cambodia. It was BP's differences with the Indian establishment, particularly with the then Prime Minister Indira Gandhi, that forced him to return to Nepal from India, with the policy of national reconciliation. Today the situation has changed both in Nepal and in the international arena. The situation prevalent during BP's time no longer exists now. The international communist movement, which was vibrant and surging until the late '80s, is in a defensive situation. The western capitalist states no longer perceive communism as a serious threat now. Although the communist influence is very strong in Nepal, the leftist movement is sharply divided with more than a dozen communist parties in existence. The CPN-UML and CPN-Maoists are the two big communist parties. But these parties are vying among themselves, and the Nepali Congress has reaped benefits from this situation. The Nepali Congress is leading the eight-party coalition government, and Girija Prasad Koirala remains the unchallenged leader of all the constituents of the eight-party government. But this situation did not exist during BP's time, and he never was accepted as a leader of all the political forces of Nepal. It is this reason why BP aligned with the monarchist force.Now the Nepali Congress is in a favourable situation. It no longer needs the support of the monarchist forces. Moreover, aligning with the royalists would be disadvantageous for any political force as the monarchy is in its lowest ebb of popularity. The decision of the Nepali Congress has been guided by this situation and popular sentiment.

Popular sentiment

Although the final decision would be taken only after the party's general council, the Nepali Congress needs to pursue the republican course more vibrantly in line with the popular sentiment and aspiration. As the Nepali Congress is leading the eight-party coalition government, it should also lead the republican front in the upcoming Constituent Assembly election.

Source: The Rising Nepal, September 15, 2007

CA Poll Campaign : Hectic Pace Missing

Prem N. Kakkar

THE environment for the Constituent Assembly election ought to have heated up with only 68 days remaining for the all-important occasion. But looking at the political scenario, everything seems to be in the shadows. This is something disconcerting for the ordinary people who are eagerly waiting for the day when they will be able to exercise this right for the first time in the history of the country.

Maoist agenda

It is true that the demand for the declaration of a republic is to be made by the Constituent Assembly, but there has been a great deal of dilly dallying, with the political parties not doing the needful in this regard. The Maoists have come up with their 22-point programme and a resolution to start a movement from the streets. This came all of a sudden after their meeting some time back. They may have their own reasons for taking this decision, and the other coalition partners are looking at it with keen interest. How the Maoists will go ahead with their movement and the fulfilment of the 22-point programme is yet to be seen. It seems that the political climate is in a flux.The eight parties in the recent days once again are showing more differences than agreements. This is rather unfortunate as the CA polls are just round the corner. This is the time to exhibit greater unity to foil any attempts by regressive elements. Prime Minister Koirala also has gone on record to say that a "game" is being plotted against national unity and sovereignty. He, however, did not name any particular element.This is the time when all such elements must be brought to light and action taken against them. These are the same elements that do not want to see the interest of the people and the country but are after their vested interest only.

In this connection, it is heartening to note that a number of agreements have been made with some agitating groups, but there is still a long way to go. The foremost task is for the government to implement the agreements, and at the same time hold further talks with the other disgruntled groups.It is the political mainstream that all must join to keep intact national unity and sovereignty. However, there will always be elements that want to work against the welfare of the people. This is where extra alertness and vigilance of the people and the political parties are needed.In this connection, the decision of the Nepali Congress to go for a federal democratic republic is also making headlines though it has to be officially approved by the NC General Council which is slated to meet in 10 days' time. The shift in the standpoint is the necessity of the time. Meanwhile, the unification of the NC and NC (D) is also on the verge of being finalised. These developments show the NC's commitment to holding the CA polls on the stated date. Meanwhile, it has been reported that the Maoists might want to postpone the CA polls for a later date. How far there is truth in this will be ascertained soon.

At the same time, the Maoists are organising a roundtable meeting. Instead, they should have gone for forging greater unity among the eight parties. That is the need of the hour. There are many who say that the eight parties ought to have a united stand while going to the CA election. But rather confusing hints are coming at the moment. This means that the parties have not set out on their poll campaign to the villages and the districts. That shows some sort of indifference. Whatever that may be, the parties must make their stance clear without mincing words. Moreover, the Maoists must clarify what they mean when they say they are going for a movement to create a conducive environment for the CA polls.

Poll campaign

Meanwhile, the Election Commission is going forward in organising orientation programmes for the election officers in various parts of the country. It is doing a commendable job. Now it is for the political parties to follow suit by actively taking part in the poll campaign.

Source: The Rising Nepal, September 15, 2007

CA Election : Crisis Of Confidence Is The Obstacle

Vijaya Chalise

The Nepal Communist Party - Maoist (NCP-Maoist) is organising a round table conference to discuss ways of making the Constituent Assembly (CA) polls meaningful। The Maoist party in its 22-point demand had asked the government to organise a round table conference to decide on the issue of declaring a republican state and holding the CA election using the proportionate system. The Maoist leaders think the right conditions for the CA polls cannot be created by ignoring their demands.

Ultimatum

The party had formally given an ultimatum to the government, threatening to leave the interim government and launch a massive people's movement if their demands are not met by mid-September. Senior Maoist leader C. P. Gajurel claims that the CA election would not mean much and would fail to yield the desired results unless their 22-point demands, including announcement of a republic before the polls, is not met. He says their demands would help to build an atmosphere for the election. Obviously, the Maoist claim cannot be ignored as some incidents clearly indicate trouble by the feudal forces that do not want the CA election.The Maoist's ultimatum and the other political parties' hesitancy in preparing for the election have shed doubt as to whether the election would be held on the declared date. The Election Commission (EC) alone seems prepared for the polls. It has urged the political parties to get into the spirit of the elections. However, apart from the Nepal Communist Party (United Marxist-Leninist), many of the major political parties are not enthusiastic about electoral contribution. As a result, the people and, perhaps, the authorities concerned, are not fully convinced that the polls will take place on November 22. Prime Minister Girija Prasad Koirala time and again has been reiterating his commitment to holding the elections on schedule; however, his own party has not given the impression that it is prepared for the election as its priority, i.e., party unification, is yet to be fulfilled. The Nepali Congress - Democratic (NC-D) is also giving priority to unification. Besides, the Mahasamiti of the Nepali Congress has yet to endorse the party's decision of going for a federal democratic republic.

Then again, the Nepal Communist Party - Maoist's threat of a mass movement has also created uncertainty about the CA polls. The Maoists have given the government until September 17 to address their demands. These are the issues that must be discussed and sorted out by the eight-party coalition. Obviously, the Maoists, who claim that the CA is their agenda, should not, and would not, turn their back on the polls. Since they have expressed their commitment by signing the peace accord, one can hope that they will not be missing form the election. But the seven-party leadership, too, should urgently turn their attention to the 22-point pressing demands and discuss them by calling a meeting of the eight-party leadership. Obviously, the CA is a platform to address all kinds of problems as said by Prime Minister Koirala. However, if there is a possibility of using this platform by unwanted forces, it will be wise to bar that possibility. The Maoists reasonably think that if the CA election is held without declaring Nepal a republic, there is a danger of using it by those regressive forces. Maoist Party Chairman Prachanda says that an election conducted without fulfilling the prerequisites will only make the regressive forces more powerful. Their doubts are backed by the incidents in the Terai and a series of explosions in Kathmandu.

An alliance led by Hindu fundamentalists to contest the CA election with the common goal of safeguarding monarchy and reverting Nepal to a Hindu state seems to back the Maoist thinking. News reports affirm that at least 19 small and newly registered parties have formed a "Nepal Democratic Alliance" that will jointly contest the CA election. News reports say several other parties, which are not in the alliance, are also going to the polls with a pro-Hindu and monarchist agenda. This shows that polarisation is inevitable between secular Republicans and Hindu monarchists. In this context, those parties favouring the people's aspirations of a new republican Nepal, obviously, should think of the Maoist's proposal seriously. Either the eight parties must go to the poll with a common commitment to a federal republic or fulfil the Maoist's demand of declaring Nepal a republican state prior to the CA elections. It is not impossible now as the Nepali Congress has decided to go for a democratic republic. Even some parties considered close to the monarchy will be pressured to go for a democratic republic because it will be almost impossible for them to go to the people in support of a ceremonial or constitutional monarchy. The present state of confusion as to whether the CA election would be held on November 22 should be ended as soon as possible as the nation has formally entered into the election process. No doubt, the country will have to face dangerous consequences should the CA election fail to be held on November 22 or if the Maoists are forced to leave the government to join an agitation. Therefore, frequent meetings are needed to build up the election mood in the country and address the agitators' demands, including those of the Maoists, to remove obstacles to the elections.

Consultations and discussions are urgently required to realise the prime minister's election commitment. Because he is a responsible leader of the government as well as the eight-party alliance, he himself should take the initiative to build an environment for regular meetings and consultations. Unfortunately, an eight-party meeting has not been called yet. Without the eight parties meeting, the issues raised by the Maoists and other agitating groups cannot be discussed, and differences between the major political parties cannot be settled. People want strong eight-party unity to fulfil their aspirations of building a new Nepal where all citizens will exercise equal rights and opportunities, and will be able to build a peaceful and prosperous Nepal. Conversely, the political parties and their leaders are ignoring the broader national interests and people's aspiration, remaining a prisoner of individual and narrow party interests.

Instability

All should honour the people by going to the polls, keeping the eight-party unity. Perceptibly, if the Maoists leave the government and are forced to go on an agitation, the country would have to face serious consequences. It could invite instability that will only help the regressive forces. Therefore, leaders of all the responsible parties should give proper attention to building confidence among them through frequent meetings and consultations.

Source: The Rising Nepal, September 15, 2007

NEPAL: YCL DEMANDS ABROGATION OF 1950 TREATY

It appears that the Maoists and the Indian establishment are playing a “hide and seek game”.
Analysts admit and others too perhaps must admit that the Maoists became Maoists of what they are today thanks to the Himalayan contributions of the Indian establishment.
The Maoists though reluctantly admit that they have had tacit arrangements with the Indian establishment at time of the 12 point agreement signed on November 22, 2005 in Delhi which provided them not only “recognition” and a bit of “legitimacy” too which facilitated their “smooth” entrance into the mainstream politics to the extent that without having faced the elections the party of the ex-rebels could secure some eighty plus seats in the “King restored” parliament.

However, of late there has been a trend slowly creeping in the Maoists paraphernalia wherein the party “suspects” the very Indian designs and concludes that the Indians in one way or the other wish to corner the party of the ex-rebels in the country’s politics for reasons that yet remains to be substantiated by the party itself.
Nevertheless, the party of the ex-rebels do give the impression through their lectures and statements that India was a country that had no love for Nepal, neither for democracy nor for peace, instead all that India wanted from Nepal and its leaders is the preservation of its national interests and in the process been luring the leaders of all parties until its goals and objectives were served.
But then India will not have a free ride in Nepal’s politics, as much is visible from the fresh political overtures coming as it does from the party of the ex-rebels.
It appears that the Maoists too have come to their senses, thanks better late than never.

To begin with Prachanda,
The commander of the Maoists party more often than not is seen deriding at the Indian establishment.
Prachanda appears to have got the point as to why India primarily supported them while in the jungles or say in Delhi basically at time of theirs being underground.
Prachanda’s mentor, Mohan Vaidya alias KIRAN is blunt in saying that India is all pervasive in Nepal’s politics and has been imposing its dictates in the internal affairs of this country.
Dev Gurung, a Maoists leader and a Minister in Koirala cabinet the other day lambasted at the Indian establishment saying that the Indian maneuverings in bringing the MJF closer to the government was a foul act and that the “friendship” in between the two will not long last.
Remarkably, Dr. Babu Ram Bhattarai, the deputy in the Maoists party hierarchy chews his words and remains ever cautious as and when he has to speak against India. This is puzzling as to why Dr. Bhattarai appears reluctant in criticizing India when he has some valid points to lambaste at India?

The most vocal are the “naughty” but courageous “boys” of the Maoists-the Young Communist league cadres- in exposing India in the recent times thus provoking their own leadership and others as well to remain ever vigilant in safeguarding Nepal’s genuine national interests.
The otherwise brilliant Nepali media ignored this time a very unusual but very “nationalistic” issues that had been “pinching” the entire Nepali population since decades and decades.
Why the Indo-pendent intelligent media ignored is though a open “secret”, however, analysts here do not want to embarrass them. After all they are our “professional” colleagues.
The fact is that the “naughty” boys of the Maoists, the YCL this time collected the courage to handover a list of demands to the India elevated Koirala which are basically nationalist in nature but “anti-Indian” in the eyes of the Indian establishment.
Analysts say what the “illustrious” Nepal’s India backed and affiliated “Loktantric” leaders should have told has come from the some what “undisciplined boys” of the Maoists-the Young Communist league cadres very recently.

The boys are thus who speak in favor of preserving the national interests could in no way be called as bad boys. At least for us at this paper would rather encourage them if they did it so time and again to jolt their leaders first and then to the party that more often not takes pleasure, indeed a sadistic one, in twisting the arms of its smaller neighbors, for example, Nepal the prime victim of Independent India after the colonial Raj came to an end in 1947.
The Young Communist League Cadres- have lately voiced their real and serious concern over what constitutes the real Nepali concern. They have demanded, among others contained in the said list , “the abrogation of all "unequal" treaties with India, including the '1950 Peace and Friendship Treaty'.
The members of Youth Communist League, Maoists' Youth wing on 23rd August this month demanded abrogation of Sugauli treaty of 1816 signed between British India and Nepal Government and the 1950 Peace and Friendship treaty with India.
This is not all they even demanded the immediate removal of Indian armies from the Kalapani area, near India-Nepal-China border in far-west Nepal and thorough investigation of the alleged border encroachment by India in different places and demolition of dams in the border areas causing submersion of Nepalese territory during the recent flood.

This they demanded from none less than Prime Minister Koirala who is number one “friend” of the Indian establishment or else why should he have been elected/nominated the prime minister of the country? Certainly, he assumed this post under the “cover” for down sizing the King who is no where on the country’s political scene, thanks the EPA plus the South Block tacit arrangements.
The important news that went ignored does tell that the YCL courage would be a mere cry in the wilderness. But then yet, the YCL in doing so has at least proven that the League is aware of the Indian designs.
The million dollar question is thus whether the YCL did this under the instructions of their top-hats or they themselves raised this national issue?
If they were given instructions from their elders, then it does indicate that the Maoists-India relationship at its lowest ebb.
Some intelligent analysts also claim that the Maoists did it so to bag people’s sympathy at time of the CA polls as other left forces do it mostly at time of the elections.
Be that as it may, the event though remained ignored but does amply tell that the Maoists party too possesses a huge number of nationalists-yet another headache for India that it is by all accounts.

Source: Telegraph Nepal, September 6, 2007

Constituent Assembly Election and Madhesh Turmoil

The Madhesi movement has reminded us of the need to take a critical look at dealing with the problem of intolerance and ethnic prejudice that has for centuries plagued the nation.

Bindu Chaudhary

People of Nepal are, for the first time in history, going to draft a new constitution themselves through the Constitutional Assembly. This is certainly a landmark victory that has granted Nepalese their sovereign power to address the people’s aspirations and institutionalize the achievements of the popular movement.

It is a well known fact that even after the success of the 1990 people’s movement (Janandolan I), the political parties chose to ignore the rights of the oppressed nationalities including the Madheshis, reflected by the discriminatory provisions in the 1990 Constitution of Nepal. Again, the CPN-Maoists had promised federal state in MBindu Chaudharyadhesh, rights to self determination and many other assurances during their decade old revolution, and similar promises were made by the leaders of all other political parties following the 2006 April Revolution (Janandolan II). However, the interim constitution they promulgated reflected that their promises were merely to deceive Madheshis as it paid no attention to their representation in the decision-making body of the State - the ground that paved the way for the Madheshi movement (now called the Janandolan III).

Madheshis have been pressing for rights based constitution, which envisions constitution as a mechanism for entrenching and protecting individuals’ rights. As bona fide citizens of Nepal, Madheshis are the rights-bearers who are justified to claim their rights for constitutional participation on the basis of the right that they hold as individuals and on the basis of collective rights of an ethnic group. Getting a constitutional foothold and constitutional recognition will not only give Madheshis a sense of ‘inclusion’ and ‘self-esteem’, but constitutionalizing rights will also help the government comprehend that the Terai, which contains 49% of Nepal’s 26 million population, 23% land area and 20 of the 75 districts, belongs to Nepal as much as the Madheshis- it can’t be one and not the other.

The issue therefore relates to a movement against the state’s discriminatory politics, a fight for recognition of rights, and a struggle for equal representation and opportunity. The Madheshis are demanding nothing much but their rights of human worth and dignity, which they think can fairly be achieved by the right to self-determination; proportional representation in the constituent assembly; restructuring the constituencies based on population; federal system with regional autonomy; and elimination of all forms of discrimination practiced by the state mechanism.

Thanks to the unity expressed by Nepalese around the globe, and thanks to the international support, the movement has been successful in maintaining its momentum- sparking wide public attention and concerns about the lack of respect for equality of human beings and the violation of human rights through the plethora of racially discriminatory policies and practices.

The domestic front

• Madheshis could not pin their faith in the Prime Minister’s first address to the nation on January 31st which was an attempt to mislead Madheshis by promising that the Constitution Assembly elections would address the Madheshi demands. On Feb 7, the Prime Minister had to address the nation again, in which he announced federal system of governance, increase electoral constituencies based on population growth and increase the number of seats for election to be held on the basis of proportional representation.

• The interim constitution was amended twice within a few months of its promulgation, but failed to accommodate the demands raised by the Madheshis. In the same tune, the government made some headway by inviting Upendra Yadav led MJF for talks, but with the stipulated pre-conditions, the five rounds of talks remained inconclusive. Nevertheless, as it is said, “Rome was not built in a day”, thanks to the perseverance and firmness of the MJF, the sixth round of talk held with the government team led by Peace and Reconstruction Minister Ram Chandra Poudel on August 30 marked jubilation amongst the Madheshis.

• The Government-MJF ultimately reached a 22-point agreement, which includes compensation to those killed during the Terai movement, guarantee of inclusion of Madheshis and other marginalized groups in the constituent assembly, autonomy to the states in the federal system to be designed by the constituent assembly, among others. The MJF similarly agreed to the constitutional provision of mixed electoral system for the upcoming constituent assembly election and announced withdrawal of all the agitation programs, stating that his party can now concentrate on its election campaign. The MJF has gained positive credibility in due course of the movement and has been elevated as a powerful political force in the country.

• On the other front, the CPN (Maoist) has raised serious objection to the 22-point agreement between the Government and the MJF, stating that the agreement is a conspiracy inspired by the ‘divide and rule’ theory of the Government, and that it only added fuel to the Madhesh fire. Further, they have also called for the postponement of CA polls, and have threatened to launch a nationwide agitation if their demands, including declaration of Nepal a republic and removal of Army from the royal palace, are not met before the CA polls.

• Security scenario is not that encouraging as more and more groups are emerging such as Janatantrik Terai Mukti Morcha (Goit), JTMM (Jwala Singh), JTMM (Bishfot Singh), Madheshi Mukti Morcha, Madheshi Tiger, Terai Cobra Group, Madhesh Mukti Force, Terai Tiger, Terai Army, AASK Group, Tharu Mukti Morcha, Chure Bhawar Pradesh Ekta Samaj, Janajati Mahasangh, TM Don Group, Young Communist League etc., and many of them with militant characteristics are doing their best to strengthen their positions as new armed groups in Terai. In addition, the independent media in Terai faces hurdles in reporting, publication and distribution of newspapers. The situation is bad and getting worse.

The International front

• Amid these, one thing that has remained most encouraging is the unity expressed by Madheshis around the globe. Following the movement, the media has been overwhelmed with news and views on Madheshi movement; there have been discussions and debates on the peaceful resolution of Madhesh issue; the Nepalese Diaspora have channelled possible resources, supports and encouragements to the victims and the survivors of the Janandolan III… in short, the number of Nepalese, including Madheshis and the concerned Pahadis who are working nationally and internationally, from micro to macro level, and through individual and organizational efforts trying to help Madheshis get their share of pie, is simply exemplary.

• There has been intense pressure from the UN Human Rights Organizations and other International bodies on the government to play an active role in combating prejudice against the Madheshis and to hand over their rights. They have been impartial and have voiced out against illegal detentions, police brutalities and against biased reports even at times when most of the civil societies and Nepali Human Rights organizations had acted indifferent.

• Nepal has already received support and words of assistance from India, United States, European Union, United Nations and other countries to conduct the election on time, in a free and fair manner and to get maximum, informed participation from the voters. They have emphasized that the legitimacy of the Nepal Government and the parties would be questioned if the election is deferred again.

• The United Nations Electoral Expert Monitoring Team (EEMT) has emphasized on the need to improve the security situation in the country and has stressed on the need for cooperation among political parties to create adequate election climate and to expect free and fair election.

What Next?

It’s no use crying over the spilt milk. The present priority should be the formation of an inclusive and representative assembly to draft a right-based constitution as per the mandate of the movement. The government should mobilize the support of national and international communities including the United Nations, to ensure a timely, peaceful, free and fair CA election, the only available non-violent approach to help achieve lasting peace and consolidation of democracy in the country.

The electoral seats for CA election are 497, of which 240 would be elected directly, 240 by proportional election, and 17 would be nominated. Presuming that the election is held fairly under the mixed system, 164 Madheshi people would be represented including 38 women. For Madheshis, this could be an opportunity to collectively voice their opinions and democratically convince other CA members to address the issue of inclusion. Whereas, for the major political parties such as NC, UML, CPN-Maoists and NC (D), it might mean having to lose many seats in the CA election which they have been enjoying in the restored parliament.

The date for the CA election, which has already been postponed twice, is now fixed for 22 November. Nonetheless, owing to (i) the fear and insecurity of the political parties; (ii) the Maoists’ insistence of taking part in the election only if they are guaranteed with some safe seats, or manoeuvring to put off the November elections for CA till mid-April next year, or owing to (iii) the deteriorating law and order situation in the country, particularly the Terai region, there are doubts in the minds of many that if at all it would be possible to hold the election at the stipulated time and secondly, if the election could be held in a free and fair manner.

The ambiguity amongst people is legitimate in the absence of a favourable election climate when the election date is just a few weeks away. If the government is determined about the election date, which seems to be true until now, the ruling political parties need to issue a joint public statement expressing their unified commitment for conducting a timely election. They also have an important task of concentrating on issues like security, management of cantonments and spreading themselves out to the villages and towns to interact with people about the CA polls, encourage them to participate in the historic exercise and discuss with them about their election manifestos so that people have a perception of the state of things and are able to make informed decisions.

Furthermore, since CA election is going to be held for the first time in the history of Nepal, and the fact that there is very low level of understanding among the people about the mixed electoral system, the Election Commission, as part of its preparation for the CA polls, should also focus equally on making people aware and sensitized about the concept, process, and modalities of the electoral system and the technicality involved in the voting process.

One of the important requisites for holding a free, fair, peaceful and impartial election is a reliable, conducive and credible security arrangement. However, the irony is that the Maoist-affiliated Young Communist League (YCL), which is widely involved in terrorizing people, is likely to provide security for the CA election owing to tremendous pressure from Maoists. Besides the YCL, the government aims to recruit 80,000 temporary security personnel to create a secured environment for the election, while neglecting about the same number of well trained, equipped, experienced and readily available national army. The security arrangement seems to be in need of reassessment to ensure maximum voter participation who will feel free, secured and fearless to go to polling booths to cast their votes.

Last but not the least, the importance of peace journalism in the contemporary world, in particular at the time of internal conflict in Nepal need not be over-exaggerated. The Nepali media has been biased in tone, depiction and revelation while highlighting the unfolding events of the movement, many at times disregarding the Code of Conduct for Journalists. The reporters should understand that the decisions journalists make and the way conflicts are covered, or how they juxtapose and contextualize the conflict or what they choose to report or omit tends inescapably to contribute either towards the momentum of war or towards the momentum of peace. At this crucial juncture where Nepal is trying to get a face-lift, the media, being an important pillar of democracy, should play a crucial role in creating conducive atmosphere for polls by promoting favourable people’s opinion and enabling them to participate in the CA process in an informed and active way by communicating clear, comprehensive and accurate information to people in all parts of the country, including Himal, Pahad, and the Terai.

The Madhesi movement has reminded us of the need to take a critical look at dealing with the problem of intolerance and ethnic prejudice that has for centuries plagued the nation. The structural discrimination can have solution only through systemic reform guided by the principalities of equality, integration, representation and redistribution. Madheshis should find a meaningful participation in the Constituent Assembly and in all other aspects of peace-building and democratic transition. The ‘hegemonic control’ of the age-old ideology of domination of one caste, one language, one culture, one colour, one region, one religion… can and has to change to include and promote multi-ethnic, multi-lingual, and multi socio-cultural Nepal.

Source: Nepali Times, September 1-3, 2007

Blasts In Capital : Crime Against Humanity

Yuba Nath Lamsal

The series of bomb blasts targeting public places in Kathmandu on Sunday was nothing but a barbarous act and a crime against humanity. The terrorist acts that killed two innocent civilians, including a schoolgirl, and injured over two dozen people must be condemned by all.Terrorism is the modus operandi of criminals. It can never be a means of achieving a political goal. Nowhere in the world has terrorism succeeded in achieving the political goals. World history has shown that those who resorted to terrorism and violence finally denounced such activities and joined peaceful political methods to achieve their political objectives. Those who failed to do so have been eliminated. Under no circumstance can terrorist acts be accepted as a political activity. This crime against humanity, thus, must be dealt with severely in accordance with the law of the land.

Terror

In terms of security, it is an act of terrorising the people, destabilising the nation and threatening national integrity. Politically, it is a ploy to disrupt and sabotage the ongoing peace and political process. Although the force behind this heinous crime would be disclosed in due course after a thorough investigation, one can easily point a finger at those elements that are against the political process in the country.

Nepal is now in the process of holding the constituent assembly election that will write a new constitution. It is an exercise through which the people would be involved in the constitution making process as their elected representatives would write the country's fundamental law. This is the process that Nepal is experiencing for the first time in its history. There had been demands in the past as well for an election to a Constituent Assembly to write the country's constitution. But these efforts were aborted time and again, and the Nepalese people were deprived of their right to make their own constitution. Instead, the king or people in power imposed the constitutions in the past, which was neither democratic nor in the interest of the people.As the new and democratic process of writing the constitution through the people's elected representatives has already started, some elements that would lose their privileges are active in sabotaging this process. Thus, the recent bomb blasts in the capital and some criminal activities in the name of political slogans must be viewed and analysed from that perspective. Against this background, the recent remarks of Maoist chairman Prachanda need to be analysed more seriously. According to Prachanda, elections to the Constituent Assembly cannot be held under the existing situation. He, however, came under heavy criticism from various quarters for his remarks. His main concern was about the present security situation. Moreover, there are elements that do not want the Constituent Assembly election. These elements want to thrive on chaos and anarchy. If the Constituent Assembly election is to held and the present political process to complete its course, they are sure to lose their privileges. These elements need to be watched so that such sinister activities do not repeat.

The fundamental duty of the government is to maintain law and order and protect the lives and property of the people. However, the law and order situation in the country is not satisfactory. This is because of the political transition. The situation always remains unstable and uncertain during the political transition. But terrorism is an act that cannot be totally eliminated through the efforts of the government alone. Terrorism is the enemy of civilisation and civic culture. Thus, there must be collective and united efforts from all sectors, including the political parties, civil society and the general people, to counter and combat terrorism in a more effective way. The election to the Constituent Assembly is a must to create a new Nepal in which all people have equal share and opportunity in all sectors. Once the political process completes its course through the Constituent Assembly election and writing a new constitution, most of the pending problems including ethnic, religious, political, linguistic issues and matters pertaining to governance would be resolved. It would also solve the issue relating the state structure as all the political forces have already agreed to go for a federal structure. It has also been agreed that the first meeting of the constituent assembly would decide the issue of monarchy. Given the present scenario prevailing in the country, it is certain that the monarchy would go and Nepal would be a republic.But some political forces and individuals, including the Maoist leaders, have been demanding for the immediate abolition of monarchy and declaration of a republic. Their logic is that the monarchy and the Constituent Assembly cannot go together, and one must be compromised for the sake of the other. According to them, the Constituent Assembly would definitely abolish the monarchy, and it would be natural for the monarchist forces to do their best to stall the process of the Constituent Assembly election.

From this perspective, Maoist Chairman Prachanda has demanded the immediate declaration of Nepal as a republic as the Constituent Assembly election cannot be held under the monarchy. There is a strong rationale in the logic. However, they must have thought about it when the 12-point agreement was reached between the seven-party government and the Maoists on the fate of the monarchy. Meanwhile, the investigation process must be intensified, and the culprit of the blasts must be disclosed as soon as possible. The individuals found responsible behind this crime must be punished severely. Some have pointed a finger at the Palace for this incident. Without concrete evidence, none should be blamed. If investigations find the monarchy's hands behind these incidents, it should be immediately abolished as there is a provision in the interim constitution that the monarchy can be scrapped by a two-third majority of parliamentarians.

Twin responsibilities

It is a national crisis. In such a time of national crisis, the political forces and all citizens must demonstrate a strong sense of unity and patriotism. Both internal reactionaries and external fundamentalists are out to destabilise and push the nation backward. Now we are at a crucial juncture in history. We have now twin responsibilities. One is to keep the nation intact by safeguarding national sovereignty and territorial integrity and the other successfully completing the ongoing political process through the Constituent Assembly election.

Source: The Rising Nepal, September 6, 2007