Nepal and Bhutan: Tales of two transitions

Indra Adhikari

Three days apart, one Himalayan kingdom practiced to move towards democracy, another Himalayan kingdom celebrated the anniversary of the king's power incise amidst an escalating security situation where the masses continue to demonstrate for a republic. The story is of Bhutan and Nepal. On April 21, Bhutan observed the first but mock election to prepare the people for democracy and the election process, which the country hopes to start next year. On April 24, Nepal observed the first anniversary of the Loktantra, where communist led demonstrations dominated the celebrations. In a mass meeting at the heart of the capital city Kathmandu, the minister of a party sympathetic to the King was heckled by the audience forcing him to end his statement with one sentence to say they would declare Nepal a republic from the first sitting of the constituent assembly.

While the minister was taking constituent assembly as the place through which Nepal would start its republican age, there are no signs ahead for holding the election to constituent assembly and leaders of the eight parties still linger around without being able to set the new date.
Both these kingdoms are in a transitional period (to mention here, government formed after the popular uprising last year in Nepal decided to rename the country as 'State of Nepal' and not as 'Kingdom of Nepal' as in the earlier constitution). The transition is for strengthening democracy in both the countries. The transition in Nepal was fueled by mass demonstrations last year while the transition of Bhutan was by fear of a similar outburst against the monarchy. The mass uprising in Nepal has its foundation on the decade long communist movement led by the Maoists. The democratic reforms in Bhutan were announced in the same year communist thinkers in Bhutan began to come together. By the time Bhutanese communists announced their party, Bhutan invigorated its path towards democratization.

In Nepal, the King is being fanned out. Demonstrations for a republic continue to rock the capital and most parts of the country. The country might have become a republic if leaders had not stopped their mass movement last year on April 24 where Nepali Congress led seven parties agreed for ceremonial kingship. Though the second largest party of the movement UML had decided to go for republic, it was compelled to accept the Congress led agreement with the palace without which the mass movement would have gone nowhere. In Bhutan, the king is becoming stronger and more powerful. The Bhutanese media, except the apfanews.com, highlight the popularity of the king expanding in the Bhutanese society. King himself tours through the country to teach people about democracy and use of adult franchise. In Nepal, travel by king is looked by suspicions. His attempt to receive salute from the Nepali Army personnel during a ritual offerings at the outskirts of the Kathmandu city, received unexpected denial from experts, leaders and the civics.

The republic agenda has become the center of debate now. UML and the Maoist top leaders have recently agreed to co-work on formation of republican front for one purpose: eradicating monarchy from Nepal. However, these two parties rarely see eye to eye in matters of co-work despite being both communists. Pointing fingers at each other for being extremists or royalists has become the major issue of tussle and this has adequately benefited the Nepali Congress and other socialists.
In his transitional period, tussle between these two large communist parties has been used by the Nepali Congress as the tool to afoot its plan for securing place for ceremonial monarchy in Nepal. However, as the most powerful PM Koirala, according to interim constitution, is getting more dictatorial refusing to attend programmes organised by communist groups and meeting of the eight parties of late, the Leftists are getting closer for a joint front in favour of republic. General perception is growing of him becoming dictatorial in taking important decision though the coalition government, which mostly takes decision as he wishes, fails to maintain law and order and address the demands raised by a number of ethnic and regional bodies.

In Bhutan, the co-work is getting better. Political parties, which are established by relatives and friends of the king, are getting established with announced intentions to support the king's roadmap for democracy. However, the credibility received from the people and the international community though India's recommendation, the democratic process in Bhutan would further strengthen the king's hold in national politics.
In Nepal there is opposition within the country and fighting for a share in politics while in Bhutan the opposition are already kicked out of the country. Seeking a share was anti-nationalism and against the national interest in Bhutan. This issue in Nepal means effort is made to achieve massive social transformation and strengthening of the democratic process.
The story of transition goes together. Lets see who will win the race!

Source: News Blaze, April 30, 2007

Maoists give May ultimatum to Nepal government

Nepal's former Maoist guerrillas, who joined the seven-party government this month, have now given a fresh ultimatum to their coalition partners, saying they would call an indefinite closure if the country was not declared a republic by May.Dr Baburam Bhattarai, one of the top leaders of the formerly outlawed party, said at a programme in the capital Saturday that if the interim parliament failed to abolish monarchy by the first week of the Nepali month of Jeth - May 21 - his party would start a new, unarmed movement on the streets, including continuous strikes.Accusing foreign governments, that he did not name, of trying to sabotage elections, Bhattarai said Maoists will also step up efforts to forge unity with other pro-republic and communist parties to wrest a victory in parliament.When the Maoists signed a peace pact with the government last year, both sides had agreed to hold an election to decide if Nepal should remain a monarchy or become a republic.

However, with the Election Commission having ruled out holding the exercise on June 20, as pledged by the government, the guerrillas have begun pressuring their coalition allies to turn Nepal into a republic through parliament.A new clause says Nepal's 238-year-old monarchy can be abolished if two-third of the MPs agree, feeling that King Gyanendra and his supporters are trying to sabotage the election.But the plan is being opposed by prime minister Girija Prasad Koirala and his Nepali Congress, the biggest party in the alliance, who want to leave the decision to the election.The seven-party, Maoist alliance, formed to oppose King Gyanendra's regime, has started fissuring after the fall of the monarch.While the rebels are accusing Koirala of trying to protect the king, the Nepali Congress says the guerrillas are violating the peace pact and still continuing extortion and intimidation.

The Nepali Congress says the rebels called a transport strike in Birgunj town near the Indian border Saturday to foil a mass meeting called by his party.Besides the infighting in the ruling alliance, the Terai plains in southern Nepal have been rocked by continued violence since January, resulting in the death of over 70 people so far.Various ethnic groups, some of whom are armed, are carrying out different protest programmes in the plains, demanding autonomous states for different communities.A part of the plains has been crippled by an indefinite closure called from Monday by an ethnic group, the Chure Bhawar Ekta Samaj.A Samaj activist - Mangal Bahadur Gumachhane - was killed in police firing Saturday as security forces tried to lift the blockade on a leading highway.In a separate incident, a former Maoist was killed by a rival faction in the plains.

Source: IANS, April 29, 2007

Maoists launch campaign for declaring Nepal a republic

Kathmandu, Apr 29 : The Communist Party of Nepal-Maoist (CPN-M) on Sunday launched a campaign to push for declaring Nepal a republic.The party said that it would take the message through the street, the Parliament and the government.The party formally announced the commencement of its campaign at a press meet in Dhankuta.The "third people's movement" has begun for a republic Nepal, said Gopal Kiranti, the CPN-M central member and Koshi Regional Bureau in-charge.The ruling coalition of eight-political parties had earlier decided that the Constituent Assembly in its first sitting would decide the fate of the monarchy.Since the Election Commission has expressed its inability to hold Constituent Assembly polls on the scheduled date of June 20, the parties have been undecided on new date for holding the elections.The Maoists and the Communist Party of Nepal (Unified Marxist Leninist) have been demanding the interim Parliament to declare Nepal a republic.Earlier, Maoist leader Ram Bahadur Thapa had said since the Parliament does not seem inclined to declare Nepal a Republic, they will be launching an agitation on the streets.

Source: Malaysia Sun, April 30, 2007

Cloud of doubt hangs over the new Nepal

SOMINI SENGUPTA

THE country’s socially marginalised minorities are taking an aggressive tone in seeking proper representation and politicians find these demands coming too soon after the restoration of democracy, writes SOMINI SENGUPTA.

A YEAR after the return of democratic rule to Nepal, the scene in parliament went something like this:No sooner had it officially opened for business on Monday afternoon, nearly six hours past schedule and with the benches barely filled to quorum, than some parliamentarians rushed the dais, raising fists and shouting slogans to protest a police crackdown in the southeast early this year.The speaker’s pleas for them to return to their seats were ignored. Within 10 minutes, unable to do any legislative work, parliament was adjourned. It was the third such useless session in less than two weeks.The scene represented much more than the routine fracas of democracy. It was a snapshot of the new, though not entirely unexpected, fissures that have cut through Nepal’s body politic, as it struggles to recover from more than a decade of Maoist insurgency and redefine the very ground rules of its nationhood.The divisions stem from old grievances over how Nepal’s many ethnic groups, castes and language minorities will be treated by the state, long dominated by members of the upper-caste elite from the hills. The parliamentarians who raised the ruckus represented the people of the southeastern plains, known here as Madhesis, who had staged an uprising that the police quashed.

The politicians, who now include the Maoists, who have joined the cabinet, have been caught off guard by the ferocity of the complaints."We are in an awkward position," said Ram Chandra Poudel, the beleaguered Minister for Peace and Reconstruction, on Monday, adding that he had not expected to face so many grievances from so many quarters, so soon after the restoration of democracy. "These demands may be genuine, but they should not come out so aggressively."As if on cue, the next day, a particularly aggressive show of frustration against the government occurred. When Poudel tried to speak at a rally to commemorate the anniversary of democratic rule in a public square in Kathmandu, he was hit by empty bottles and booed.Ambling through the public square were members of the Maoists’ latest subsidiary, a pack of young men and women known as the Young Communist League and led by former guerillas. They said they had been assigned to provide security. Among their duties these days is the demolition of illegal structures, traffic management, capturing people accused of being gangsters and acting against what they call "regressive forces". At times, that includes disrupting other political party meetings or thrashing political opponents.

The new uncertainties have come in a country transforming itself remarkably fast. A year ago, King Gyanendra, who had seized absolute control of the state, was forced by a swell of street protests to return the government to an elected parliament. The government signed a peace deal with the Maoists, ending a 11-year war. The Maoists then sequestered their fighters and put weapons into cantonments, monitored by the United Nations.An interim constitution was put in place. A coalition government took over, including even the Maoists. Over the last year, symbols of the old Nepal were scrapped: A new national anthem was drafted, "Royal" was dropped from the name of the Nepalese army and state-owned Nepal Airlines, and the government promised to tax the king’s property.A critical issue remains unresolved in the new Nepal, and it is the root of widespread public frustration: Whether and how Nepal will become a federal state with some degree of autonomy for its ethnic groups and regions.It is a question that has sparked a sometimes violent uprising over the last three months by the Madhesis, who say people from the hills have long discriminated against them. Demands for representation have come from other socially marginalised groups, too, like low-caste Dalits and indigenous people, called Janjatis.

Nepal seems to be in no immediate danger of sliding into prolonged ethnic conflict. But the questions that confront Nepal are nothing short of existential. "What is the new Nepal? What does it mean to be a Nepalese? That’s absolutely what’s being debated," said Manjushree Thapa, a writer.That debate has made the peace process miss a crucial deadline. June elections to choose a national assembly to rewrite the constitution have been indefinitely postponed. A new constitution will determine many vital issues, including whether Nepal will retain its monarchy.Abolishing the constitution is the Maoists’ principal demand, and they now want the government to declare Nepal a republic rather than wait for the voters’ verdict.The Maoists have vowed to resume what they call "the people’s movement", fearful that the palace may try to stage a comeback. Last week, two cabinet members suggested that elections could be organised by November, when there is a tiny window in Nepal’s difficult social and climatic calendar — after the rains and autumn festival season and before the harvest. The UN urged the government to act to hold elections quickly.

Representation was the fuel that fired the Madhesi revolt in the plains early this year. They were particularly aggrieved by the interim constitution, which, when promulgated in January, included no mention of regional or ethnic autonomy."They are not honest, they are not sincere, they talk about republic but they are not ready to share political rights with marginalised people," Jeetendra Dev said. He included the United Marxist-Leninist, his party, whose Madhesi wing he heads.Poudel noted that the government had since agreed to the demand for federalism, though it had yet to resolve the details."They’re the same as before," said Laxmi Dahal, 29, a trade union advocate who attended the commemoration on Tuesday of the return to democracy. Last year, she said, she marched in the pro-democracy demonstrations and was beaten by the police during one. On Tuesday, she said she had come to "warn" the political leaders to keep their word to those who had marched for freedom.In the crowd, Bijay Paudel, a graduate student, echoed Dahal’s misgivings. "Everyone wants a change, but the political parties which have been leading the nation are not listening to the voice of the people." — NYT

Source: NSTONLINE, April 30, 2007

INDIA: MAOISTS’ MOLE IN THE INDIAN CABINET

The Indian government is feeling the heat. The growing and the ever increasing penetration of the Maoists’ guerillas in the scheme of the Indian cabinet itself are ailing the Indian establishment of late. According to Indian media reports the Maoists moles have infiltrated the highest level of the Indian Government, gaining access to documents from top-level cabinet meetings in a major security breach. The Indian magazine Outlook says that the documents that the Maoists have collected for themselves are what have been termed as “the success of the Maoists”, in penetrating the in accessible Government secret matters.

According to reports the Maoists moles have infiltrated the highest level of the Indian Government, gaining access to documents from top-level cabinet meeting.
The guerillas, who are waging an armed insurrection across 16 of India's 28 states, obtained minutes of a meeting, presided over by Prime Minister Manmohan Singh that discussed tactics to deal with the insurgents. Those at the meeting, the Outlook magazine said, included the chief ministers of all states affected by the Maoist insurgency, along with senior intelligence and security officials. With intelligence and security officials expressing alarm at "a serious security lapse", the disclosures are galling for Dr Singh, adds Outlook magazine. The Indian Prime Minister, Dr. Man Mohan Singh has expressed concern about the challenge posed by the Maoist insurrection, describing it as the "biggest threat to the country's internal security".

The Naxalites it is believed are well-armed and disciplined, who operate in a scores of Indian states whose connections are well deep inside Nepal as well.The magazine quotes a senior intelligence officer as saying: "It's clear the Maoists have access to secret information and plans ... no wonder there hasn't been much success in our operations against them." With the Maoists in Nepal government the Indian naxals are sure to exploit the benefits their way.

Source: Telegraph Nepal, April 30, 2007

NEPAL:SITAULA SEEKS DELHI'S ADVICE ON CEREMONIAL MONARCHY

Look the tryst of destiny and the fate of the Nepalese. A Nepali sitting minister has been advised by the medical practitioners attending on him to “visit” Delhi for further and advanced check-up. Home Minister Krishna Prasad Sitaula who has recently developed a hearing disorder is to soon land in Delhi.

The climax is here:
Sitaula talking to reporters today said that while being in Delhi, he would have tête-à-tête with several Indian leaders on whether or not a ceremonial monarchy in Nepal is needed?
The Nepali Congress has empowered him to gather views from the Indian leaders, reports say.
This should perhaps explain what New Delhi means to Nepal and her “able and capable” leaders.
Home Minister Sitaula is considered even by his congress party colleagues to have been closer to the Maoists than his own party.

Source: Telegraph Nepal, April 30, 2007

Grandfather clock

After the postponement of the elections to the constituency assembly (CA) slated for June, the eight political parties will need to demonstrate a high degree of wisdom to keep the alliance intact and to implement the mandate given them by Jana Andolan II. The relationship between the Nepali Congress, which heads the alliance government, and the two other big alliance partners, the CPN-Maoist and the CPN-UML, have soured to a certain extent. These two communist parties are insisting on settling the question of the monarchy — either through a two-thirds parliamentary majority or by the direct verdict of the people in a referendum — before setting a new poll date, whereas some senior NC leaders like minister and party general secretary Ram Chandra Poudel, NC-D president Sher Bahadur Deuba, and RJP chief Surya Bahadur Thapa want to stick to the provision of the Interim Constitution (IC) that says the first meeting of the CA will clinch the issue.

Prime Minister Koirala seems to be in a tight spot at a time when major alliance partners such as the CPN-UML are raising serious questions about his leadership after the deferral of the polls. Koirala has been non-committal so far on the demands of the Maoists and the CPN-UML. Maoist politburo member Dr Baburam Bhattarai warned in the capital on Saturday that his party would launch a “peaceful agitation” if the interim parliament did not declare Nepal a republic by the third week of May. He has said a Left unity will be forged for the purpose if the eight parties cannot agree on the republican demand. On such a highly sensitive and polarising issue, any national party worth its salt cannot remain a prisoner of indecision even a full year since Jana Andolan II, all the more so a party that led the SPA alliance.

It is for the eight parties to decide whether they want the CA alone, the parliament, or a referendum to settle the issue of monarchy. But it would not behove the leaders who voted for the historic Declaration of Parliament and other epoch-making decisions, including the establishment of the parliament’s supremacy, the demise of the restored parliament and the 1990 Constitution, the adoption of the IC and formation of the interim parliament, now to say that the CA alone, and not Parliament, has the authority to decide the fate of the monarchy. While the country is polarised along the monarchy v republic lines, no party that has not arrayed itself in either camp so far should claim high moral ground to stay in power. Everybody is free to make his choice, but one wonders if the vacillating NC and NC-D should not make their positions absolutely clear, otherwise on what basis will they ask for the people’s votes? If it so desired, the NC may even choose to ally itself with the parties of former Panchas, though it is another question whether the NC would be willing to pay the price for this tricky option. It may also reflect poorly on them if they continue to sit on the fence.

Source: The Himalayan Times, April 30, 2007

Keen Enthusiasm

THAT 62 political parties have applied for registration with the Election Commission (EC) by the deadline that closed Friday to take part in the constituent assembly election is an indication that the polls are being taken seriously by all. This is also proof that everyone believes that the CA polls will be the gateway to ending the uncertainties that are prevailing at the moment. It is evident that the CA polls will be a milestone in the march forward to creating a new Nepal. This is so because the elected CA will be responsible for framing the constitution of Nepal which will be all-inclusive.

This is the hope pinned on not only by the political parties but the people as well. Hereon, it may be worthwhile remembering that the date for the CA election is yet to be announced. Though the date had been fixed for June 20, due to technical and logistical problems, the EC had some time back said it needed a little over a hundred days to prepare for the polls. This started the ball rolling for a new CA poll date. But this has not happened because the eight political parties are yet to sit down to sort out the issues.

As per the recent developments, there is every hope that the said gathering will take place soon to give a passage to the problem. This is necessary so that the uncertainty and confusion in the minds of the people can be removed. The eight political parties who are participants in the government have to act fast to ally the fears that the polls will not be held. The eight political parties, too, have to be earnest and not make remarks which create confusion among the people. The interim government is there to announce the date for the polls, but for this the eight political parties have to arrive at a concrete agreement and end the confusion. The interest of the political parties in the country to get themselves registered is enough evidence that everyone wants the elections to take place as quickly as possible.

Source: The Rising Nepal, April 30, 2007

Commitment To The Polls

Prime Minister Girija Prasad Koirala has articulated his firm commitment to holding the polls to the constituent assembly and maintained that the date for the polls would be announced soon after consultation with the other political leaders. Giving his views in unambiguous terms, Prime Minister Koirala mentioned that the election to the constituent assembly should be held to address the concerns as well as aspirations of the people, for which there should be no doubts and apprehension.

The views held by the prime minister seek to confirm that the government is committed to conducting the polls to the constituent assembly, and any confusions and contradictions regarding the issue should not be allowed to prejudice the political environment. The disparate utterances that have come to the fore these days from different political corners have lent the impression that no unanimity of views are held by the political stakeholders regarding the polls. However, the pronouncements coming from the eight party leaders on Friday indicate that coherence of views does exist among the leaders.

Moreover, the political leadership in the country was committed to forging unanimity to hold the polls to the constituent assembly and bring a new era of peace, democracy and prosperity in the country. The meeting of the eight party leaders that will be held soon will decide about the polls and allay all the confusions pertaining to it. It is encouraging to note that the Election Commission has accelerated the tempo of preparing for the polls as this is very crucial to take peace building and the democratisation process forward . The legal procedure for the polls should be defined to facilitate the process. Prime Minister Koirala commitment to conduct the election to the constituent assembly to enact a new constitution should be hailed and reciprocated as delaying the polls could mean a prolonged transition phase in the country?s politics. Some elements are obviously not in favour of the smooth organisation and implementation of the polls, and they may seek to disturb the process if the fluid and uncertain situation continues to exist in the country.

Source: The Rising Nepal, April 30, 2007

Alternative Energy Promotion Opportunities

THAT 62 political parties have applied for registration with the Election Commission (EC) by the deadline that closed Friday to take part in the constituent assembly election is an indication that the polls are being taken seriously by all. This is also proof that everyone believes that the CA polls will be the gateway to ending the uncertainties that are prevailing at the moment. It is evident that the CA polls will be a milestone in the march forward to creating a new Nepal. This is so because the elected CA will be responsible for framing the constitution of Nepal which will be all-inclusive. This is the hope pinned on not only by the political parties but the people as well. Hereon, it may be worthwhile remembering that the date for the CA election is yet to be announced.

Though the date had been fixed for June 20, due to technical and logistical problems, the EC had some time back said it needed a little over a hundred days to prepare for the polls. This started the ball rolling for a new CA poll date. But this has not happened because the eight political parties are yet to sit down to sort out the issues. As per the recent developments, there is every hope that the said gathering will take place soon to give a passage to the problem. This is necessary so that the uncertainty and confusion in the minds of the people can be removed. The eight political parties who are participants in the government have to act fast to ally the fears that the polls will not be held. The eight political parties, too, have to be earnest and not make remarks which create confusion among the people. The interim government is there to announce the date for the polls, but for this the eight political parties have to arrive at a concrete agreement and end the confusion. The interest of the political parties in the country to get themselves registered is enough evidence that everyone wants the elections to take place as quickly as possible.

Source: The Rising Nepal, April 30, 2007

Abandon Strikes

The unrest in Madhesh and Bhabar has not come to an end. The strikes and stoppage of work have been resorted to time and again. Though there has been a noticeable improvement in the law and order situation across the country, Madhesh and Bhabar are yet to return to normal. But what should be appreciated is that the Maoists have abandoned their armed pursuit of politics. They have committed not to pursue violence for any political ends. Moreover, they have joined the interim parliament and, consequently, the interim government - a long journey from conflict to conciliation. The problems that the country had faced due to the conflict have been resolved despite some minor aberrations and obstacles here and there. It is indeed an obligation on the part of the groups and organisations to learn from the examples set by the Maoists and renounce violence and agitational politics to pursue the cause of peace and harmonious coexistence.

However, the Madhesh and Bhabar have neither listened to the call for dialogue nor learned to refrain from indulging in agitational politics. They are tendentiously becoming used to calling transportation strikes and setting blockades along the highways as a result of which people travelling along the long route are forced to halt and be stranded for several days. Subsequent to the three-day strike called by the Madhesi Janadjhikar Forum last week, the strikes and agitation called by the Chure Bhabar Ekata Samaj in some of the districts from the central and eastern region has affected life seriously. What is disconcerting has been the death of an agitationist on Saturday in clashes with the armed police in eastern Terai. In the same way, several others were hurt. It will be relevant to note at least three dozen people have been killed in the movement called by the Madhesi Janadhikar Forum. Since the country has moved ahead towards addressing the needs and aspirations of the people and the date for the constituent assembly polls is being announced soon, all should bear patience and provide cooperation to the government in making the democratic exercise a success.

Source: The Rising Nepal, April 30, 2007

Peace Process Praised

THE interest of friendly countries and international agencies to see a stable, peaceful and prosperous Nepal is evident. Despite the support and cooperation coming from them, it is clear that the Nepali people themselves know very well to resolve their own problems. It is the moral support that must be forthcoming from them in the Nepali people's endeavour to keep their house in order. In this, the support extended by the United Nations is praiseworthy. Its help has become very much a part of the ongoing peace process in the country. A year after the April uprising, United Nations Secretary General Ban Ki Moon, in his Nepal report to the Security Council, said that Nepal's peace process has made rapid advances though questions remain about the registration of the arms and armies. He was referring to the complex questions regarding the monitoring of the arms and armed personnel. Herein, it may be worthwhile remembering that the first phase of the registration and storage of the weapons and combatants of the Maoists and the arms of the Nepal Army has been completed with the help of the United Nations.

He also said that the upcoming constituent assembly elections ought to be conducted in a manner that reflects the "genuine will" of the people. It must be noted that in all the political developments taking place in the country, the concerned political parties must also be praised as they have always gone for a consensus on contentious issues. Though there is a lull at the moment, it is hoped that the eight parties will sit down together and come up with decisions on the lingering question of fixing the date for the CA polls. Positive signals have emerged in the past few days that the eight parties will gather and discuss the various problems that have emerged. All the political leaders have suggested that the unity of the eight parties must be maintained in the present situation so that a safe path can lead to the elections. It is high time all the present issues were sorted out at the earliest so that the stage can be set for announcing the date of the polls. It is hoped that the eight party meeting will take place in a day or two so that the people will rest assured that things are moving as desired according to the mandate given to the parties with the success of Jana Andolan II last year.

Source: The Rising Nepal, April 30, 2007

Third Country Resettlement : How Durable For The Refugees?

T. P. Mishra

FINALLY, the America's offer of third country resettlement has given rise to a lot of debate. Despite several attempts by the refugees to oppose it, the US and some western countries seem committed to expediting the process of resettlement latest by early 2008.Besides the formation of a core group comprising 14 of the world's biggest democratic countries, the Overseas Processing Entity (OPE), one of the latest concepts in backing up the process of third country resettlement, is planning to set up its office at Jhapa and in Kathmandu in July.This very information was revealed by two senior US officials, Lawrence Barlett and Janice S. Belz - assistant directors of the Department of State's Bureau of Population, Refugees and Migration of the U.S. government - during their interaction with the refugees at Goldhap camp on April 25.

Faction

Since the time when the third country resettlement package was brought up, it provoked factions among the refugees - individual opinions can be distinctly seen divided into different groups. Literate youths among the Bhutanese refugees favour third country resettlement. The other elderly, illiterate groups want to get repatriated as they say they have worked hard and sweated a lot to bring Bhutan into its present state. Not only this, a section of the people living inside the refugee camps have already obtained Nepalese citizenship certificates. They were able to obtain Nepali citizenship after the government of Nepal decided to issue citizenship certificates to four million people prior to the constituent assembly (CA) polls. This ironically leaves a clear message that a portion of the refugees are even willing to get locally assimilated. Meanwhile, it is still a matter of doubt whether those refugees, who have already obtained Nepalese citizenship certificates, would qualify for third country resettlement. More interestingly, this verity would also be a tool for creating internal divergence among the refugees if those, who have already possessed Nepalese citizenship identity card, get a chance to opt for resettlement prior to those without citizenship cards.

Majority of the so-called frontline leaders in exile, most of the political and a few apolitical organisations have been frequently opposing the offer of third country resettlement, claiming it would not help furnish complete justice to the suppressed Bhutanese people. Since there is divided opinion among the individuals, the question of reaching a common consensus is difficult. People inside the camps are quite confused and do not know whether to apply in advance for this offer as they are little informed of its procedures.When such fact-based points are fresh at hand, opening the 'single option' for refugees would be a bleak step. Not only third country resettlement, the concerned authorities should work towards unlocking all possible options, including repatriation to their original homeland, Bhutan. The long-standing issue will get a safe landing only when all possible options are opened.

Criteria and procedures

The obvious question at this hour is: why are those countries that are wishing to resettle the refugees not making transparent all the criteria and other necessary procedures before the resettlement process begins? At least a dozen refugee families have already been resettled in Canada in the recent months, but the authorities concerned haven't yet made their status public.On the other side, the UNHCR is reportedly learnt to have been selecting families in the camps in recent days to begin the process for third country resettlement. However, it has refused to reveal the criteria for their selection. Actually, why can't such steps be carried out in an open and transparent way? The refugees should not be deprived of their basic human right to access to adequate information on any options coined. And, this should be more precisely done in a transparent way.Meanwhile, it is equally necessary to note that any options, what they be, shouldn't be made a 'compulsory option' for the refugees by citing unfeasibility of other possible options.Even Nepal has flashed a green light for allowing these refugees to get resettled. If Nepal by doing so wants to eliminate the Bhutanese refugee problem from the country, then it must be mentioned here that dignified repatriation should also be promoted at any cost. Otherwise, what would be the future of those refugees who want to get repatriated? Thus, it is a matter of essence that Nepal publicise its official stance at the earliest to bar ideological divergence among the refugees.

Sentiment

It is a fact that options besides third country resettlement - dignified repatriation and local integration - are, with the flow of time, getting less prominence. If the authorities concerned are truly committed to finding a durable solution to the Bhutanese refugee stalemate and embracing and supporting them, then promoting the refugee's sentiment is a must.(The writer is President of Third World Media Network - Bhutan Chapter)

Source: The Rising Nepal, April 30, 2007

One Year Of Democracy

Geja Sharma Wagle

The past one year has been a significant historical period for establishing democracy, peace and people's supremacy. Declaring that sovereign power and state power rest with the Nepali people, the interim constitution and the historical proclamation of the House of Representatives (HoR) have established the principles of people's supremacy, democracy and rule of law. They are steps for abolishing the feudal structure.

Central issue

There were many political, social, economic and cultural problems to be resolved. But the monarchy remained the central issue for the political parties, civil society and the Nepali people. Considering the people's aspiration, mandate of the movement, and the agenda of the parties, the Eight Party Alliance (EPA) made a historic and revolutionary decision and suspended the monarchy through the interim constitution until the constituent assembly (CA) election. Moreover, they have agreed to decide the fate of the monarchy by the first-ever meeting of the constituent assembly. Now, all the state authorities of the king have been transferred to the prime minister constitutionally, and there is no constitutional space for the king in the constitution.

In fact, the king is suspended in the real sense, and the supremacy of the people has been established constitutionally on the strength of people power for the first time in the history of Nepal. By having the right to decide the fate of the monarchy, now, the supremacy of the people has been established in real terms. Probably, no king would dare to challenge the people's supremacy in the future. Therefore, the constitution has laid a strong philosophical foundation for formal putting an end to the monarchy and establishing a democratic republic. Institutionalising the achievements of the historic movement, Nepal has entered into a new democratic, inclusive and egalitarian era. The constitution has established the universal principles of democratic values, people's supremacy, multiparty democracy, rule of law, human rights and press freedom. Accepting the democratic values and principles, people's supremacy, and progressive transformation of the state as the guiding principles of the constitution, the EPA has agreed to promulgate the constitution. Furthermore, the constitution has institutionalised the achievements of the April revolution, the momentous proclamation of the HoR, and all the agreements reached between the government and the Maoists in the past.

Terming it a historic change, all the political parties, civil society and professional organisations welcomed and urged the government and the Maoists to abide by the constitution in both letter and spirit. They have defined it as a landmark constitution for putting an end to the feudal structure. Even the international community has welcomed the constitution, saying it will pave the way for democracy, peace and prosperity. The United Nations, India, the United States, United Kingdom, China and the European Union have warmly welcomed the constitution and urged the government and the Maoists to put their words into action for the sake of institutional development of democracy and safeguarding the people's rights. They have even promised to support the ongoing peace process and to respect the people's verdict in the constituent assembly polls, including on the fate of the monarchy. The constitution has substituted 'His Majesty's Government' by 'Nepal Government'. Even the king's action can be questioned in the parliament as well as in a court of law and the king's private property and income would be taxed. Likewise, the budget, allowance, and facilities of the palace would be decided by the parliament. The parliament will decide who will succeed the throne.

Political landscape

The April revolution and the constitution are set to change the political, socio-economic and cultural landscape and redefine state power in Nepal. It, thus, is not the only momentous moment for the Nepali people in terms of democracy and freedom. It has also sent a powerful message to the rest of the world how people's supremacy has been established through the peaceful popular movement. However, the main objectives of the movement are yet to be achieved. In fact, holding the CA polls, drafting a democratic and inclusive constitution and restructuring the state are the agenda of the movement. Therefore, all the political parties, including the EPA government, need to stay united to hold the CA election by putting aside their differences for the sake of the newly established democracy.

Source: The Rising Nepal, April 30, 2007

Judicial morality

At a time when the judiciary is facing a drought of public faith and is struggling to clean its tarnished image in recent days, a morally questionable act of the Chief Justice (CJ) - appointment of his spouse to the post of section officer -- and an offence of the Supreme Court (SC) Registrar - use of a vehicle with an illegal number plate-- over a span of one week, have come out.
These acts by Chief Justice Dilip Kumar Poudel and Registrar Dr Ram Krishna Timalsena, head of the judiciary and the chief of the apex court administration respectively, have disgraced and caused irreparable damage to the esteem of the institution of the judiciary and judicial system. These acts, have further eroded public faith on the judiciary, irrespective of the intention behind the acts.

The Post regards that both the posts deserve high respect and prestige from the public. But, at the same time, the positions demand a high standard of morality in what they do. A petty act subject to moral question, by figures like the CJ and Registrar is very damaging to an institution like the judiciary whose very foundation is public faith. Such damage is irreparable. So judges and officials of the judiciary should be responsible and careful to what they do/will do to ensure that their acts do not harm the institution.
Press has been reporting the morally questionable acts in the judiciary over the last three years. But such reports have been ignored by the people in the judiciary without realization of the far-reaching effects of such activities. And such individuals were never brought to justice, and thus impunity has been encouraged in the institution. For instance, the then Chief Justice Hari Prasad Sharma delivered a political speech at an international forum in 2005, which was a breach of the code of conduct for judges. But Sharma was never punished. This kind of impunity must end to make our judiciary a temple of justice which people revere.

History has recorded damaging activities, one after another, by people in the judiciary over the last three years. But the judiciary has failed to use every correction opportunity in the past. Our judiciary never learnt a lesson from the infamous Robinson scandal. It could have been used as an opportunity to correct the existing maladies in the judiciary. But that did not happen. Now the judiciary should realize that no one, but the people in the judiciary, are responsible for earning damage and disgrace to the institution. It is high time the judiciary end impunity of all sorts within itself and make the institution respectable and morally clean.