Uncertainty of CA Elections and the Republic Question

Dr. Bal Gopal Shrestha

It is bizarre to see the failure of the ruling eight parties to meet even a month after the deferral announcement of the elections to constituent assembly. A country in transition cannot afford such a delay in the political process. In addition these parties are also openly accusing each other for the deadlock. Especially, the head of the state and Prime Minister Girija Prasad Koirala proved himself most irresponsible by not taking the initiative to end the uncertainly.

We know that the sole basis of the present eight-party interim government is the 12-point agreement that they signed in November 2005. The first and foremost agenda of the agreement was to bring to an end to autocratic monarchy and to establish absolute democracy. To institutionalize this purpose the agreement proposed to hold an election to a constituent assembly. The massive people's movement in April 2006 forced king Gyanendra to relinquish his power, which paved the way to implement the road map of the seven-party alliance. A year has passed since the seven-party alliance came to power, but it failed to hold constituent assembly elections as they had agreed with the Maoists. Already it was very late when they announced the interim constitution and interim parliament on 15 January 2007. After that, things could have moved more rapidly if the parties had shown sincerity and realized their responsibility, but apparently they miserably failed in this regard.

The Maoists' demand to let the interim parliament announce Nepal a republic did not come all of a sudden. The eight parties agreed to held elections to a constituent assembly on 20 June 2007, but the postponement of elections came amidst heavy national and international pressure. Especially, we saw James Moriarty, American envoy to Nepal, extremely reckless in his wish to postpone the elections. Until the last minute, he tried to use his influence to postpone the elections and to keep the Maoists out of the interim government. For a year, the Maoists waited patiently for the elections. When the deferral announcement came, the Maoists' outburst can be imagined.

The chief election officer (CEO) said that he needed 120 days before he could prepare the elections, but his announcement came only when he had less than a hundred days. Why the CEO did not come with this fact when he still had more than 120 days is unexplained. Since he failed to hold the elections in a stipulated time, it is but logical that he himself and his team had resigned but that did not happened. The prime minister also did not feel it necessary to hold an urgent meeting of the eight parties to find an amicable solution without delay. Given the uncertainty that prevailed after the deferral of the elections, the Maoists’ move to declare Nepal a republic from the parliament is not unreasonable.

At present, there is no party in Nepal that can speak in favour of any form of kingship, except Kamal Thapa's National Democratic Party, which supported king Gyanendra's February 2005 coup. Now and then, Prime Minister Girija Prasad Koirala talks about retaining a ceremonial king, but he could not stand firm on his words as a large section of his own party, the Nepali Congress appeared against retaining the monarchy. We also noted even Prime Minister Koirala himself advised king Gyanendra and his son Paras to voluntarily abdicate before declaring Nepal itself a republic. On 7 May 2007, Prime Minister Koirala, though, managed to pacify Congress district presidents, and had to tell them that by gradually stripping away all the powers of the king then would Nepal be finally declared a republic. Not only members of civil society but also a vast majority of people are in favour of declaring Nepal a republic straight away. Family members of the martyrs of the April 2006 people's movement and those injured in the movement have also been demanding Nepal to be declared a republic immediately.

During the April 2006 people's movement, defying brutal suppression, hundreds of thousands of people spontaneously took to the streets of cities and villages throughout the country for 19 days chanting slogans against the autocratic king Gyanendra. More than two dozen people sacrificed their lives and thousands were injured. Their single demand was to declare Nepal a republic by ending the monarchy instantly. On 23 April 2006, however, the leaders of the seven-party alliance hastily agreed to let king Gyanendra reinstate the parliament instead of removing the king himself. The Maoists who also actively participated in the people's movement denounced that act of the seven-party alliance, but yielded at Prime Minister Koirala's persuasion of holding an early election to a constituent assembly. Already the general people blamed power hungry leaders of the seven-party alliance for deceiving the people by ending the movement in a secret compromise with the king. Now with the deferring of elections, they feel that these leaders are conspiring to retain the redundant monarchy in Nepal.

In fact, the relevance of the monarchy in Nepal was lost after the 1 June 2001 palace massacre. The palace massacre was the death of monarchy as it wiped out the traditional line of succession to the throne. Although, the official prove-commission put the blame on crown prince Dipendra, who himself was killed in the incident, nobody in Nepal is ready to accept it. Of course, there is no evidence since no proper investigation was carried out, but the Nepalese people have openly been blaming king Gyanendra for staging the palace massacre to achieve the throne. The Nepalese people never gave the same respect to king Gyanendra as to his late brother Birendra because of Gyanendra's image as a notorious businessman and his scandalous son Paras. On top of all this, his autocratic acts against democracy made him the most detested king in the history of Nepal. The February 2005 coup was his final step, which left the people with no option than to take to the streets against him.

Soon after the success of the April 2006 people's movement, the House of Representative (HoR) stripped the king of all powers. On 18 May 2006, it declared Nepal a secular state and scrapped the Supreme-Commander-in-Chief post of the king, and changed the Name of the Royal Nepalese Army to Nepal Army. The 2007 interim constitution again completely deprives Gyanendra of any administrative rights and rejects his rights to the properties of the deceased royal family members. Further it also declares to nationalize all properties he obtained by virtue of being king, such as the palaces, forests and national parks, historic important heritage sites, etc.

At present, the king holds no formal position. Prime Minister Girija Prasad Koirala himself is working as the head of state. Practically the country is already functioning as a republic without declaring itself a republic. If the present interim parliament can strip the king of all powers and passes so many important bills, it can declare Nepal a republic at any time. Rightly, the speaker of the house Subhash Nemang said that he was ready to declare Nepal a republic a minute after the leaders of the eight-party agree for the same. Only we have to see if they will indeed be able to come to an agreement or remain undecided on the issue. It is needless to say that the people are eager to see Nepal declared a republic at the earliest.

Source: The Kathmandu Post, May 16, 2007

Maoist Report Card

Uday Bajracharya

The 40-point demand of the Maoists before they took up arms in 1996 didn’t call specifically for the abolishment of the monarchy. However, Prachanda said in his interview to the BBC soon after Jana Andolan-2 that the combined effect of the forty points was abolition of the monarchy. Therefore, the Maoists will be judged on the basis of only one thing, i.e. whether or not they will be able to abolish the monarchy. Their demand for a constituent assembly can be seen as a means, not an end, to achieve other goals such as making the people sovereign and restructuring the state.

Although the Maoists started their ‘People’s War’ against an elected government, they joined hands with the ‘democratic’ parties in 2006 to launch Jana Andolan-2. True, this action resulted in making the monarchy almost powerless, at least temporarily, but it also catapulted the extremely weakened ‘democratic’ parties, especially Nepali Congress, to new heights, allowing them to claim full credit for the success of Jana Andolan-2.

The Maoists’ persistent demand for a constituent assembly resulted in the interim constitution including a clear deadline for an election to the CA. However, it is now clear that the deadline can’t be met. The Maoists had agreed to decide the fate of the monarchy by the CA, knowing full well that regressive forces would try to stop the election as they had done before when a CA promised in 1951 never materialised. The whole thing has now been thrown into uncertainty, including the fate of the monarchy.

It is interesting to note that the Maoists started their ‘People’s War’ soon after the US became the sole superpower following the collapse of communism in the former Soviet Union and other European countries. Similarly they ended the hostilities, locked up their arms and put their combatants in cantonments in 2007 when the US Empire is crumbling, mainly due to the war in Iraq, and when there is a lame duck president in the White House. They tried to negotiate a peace in 2001 and 2003 in view of the ‘global war on terror’, which was probably reasonable, but it is hard to understand the timing of their starting and ending the war.

Due to their starting the war at the wrong time and the ‘global war on terror’ following the 9/11 attacks on the US in 2001, the Nepal government could gather tremendous material support from the US, India and other countries for ‘their’ war on terror. Consequently, the (Royal) Nepali Army was transformed from a weak force focused primarily on earning money through international peacekeeping operations to a well-equipped 95,000-strong army. The Maoists are indirectly responsible for this. Even with weaker armies, the palace had staged coups before and had suppressed democracy for 30 years during the Panchayat regime. A strong (Royal) Nepali Army can be a constant threat to democracy if the monarchy is not abolished immediately.

The Maoists insisted on UN assistance in the peace process. Although the UN was created by the victors of World War II and has often been used by the US as a tool to dominate world politics, it has legitimacy in the eyes of most nations. The UN often uses a ‘one model fits all’ approach and can be inflexible in its working procedures. As a result, the people of Nepal have to watch helplessly as the UN representative declares that Nepal has to fulfill certain requirements before the elections can be held or that it will be no disaster if the elections are delayed. One can denounce the naked intervention in Nepali politics by the US or the Indian ambassadors but one can hardly defy the UN. This action of the Maoists has made Nepal dependent on the UN, which may be very hard to shake off.

The Maoists raised the disadvantaged people’s awareness of their rights, which is great. However, they also promised them ethnic and regional autonomies including the right to self-determination. This might have helped them recruit large numbers of party cadres but it also raised the expectations of various communities unrealistically, resulting in the on-going agitation by these groups. The Terai problem is particularly serious. Terai has a potential of seceding from Nepal. Should this happen, Nepal is going to be not only land-locked or India-locked but also Terai-locked, with disastrous consequences.

Different people see the end of hostilities by the Maoists differently. People like Girija Koirala and the ‘international community’ consider this as a case of bringing the ‘terrorists’ to the mainstream. The Maoists claim it to be the beginning of a new phase in their movement. However, recent activities of the Maoists have led most people to believe that the Maoists have realized the futility of the war and have now been trying for a safe landing into mainstream politics before achieving the main goal of abolishing the monarchy. A recent statement by Prachanda that they could end up with the fate of the Shining Path of Peru if they are not careful reinforces the above belief.

The Maoists have made mistakes but they can correct them by helping abolish the monarchy, that too before the CA elections. They have raised awareness for a republic to an unprecedented level. Having squandered the chances for abolishing the monarchy several times before, the people of Nepal know that they won’t get another chance for a long time if they don’t succeed this time. True, the republican forces face a tremendous challenge both from within and outside the country, but they can still do it because the people are with them on this issue like never before. Therefore, the Maoists have two options: Do whatever it takes to lead the republican forces for abolishing the monarchy and earn a place in history, or fail on this and face the punishment for raising false hopes of a republic and for immense social, political, economic and human costs, including the death of 13,000 people. The choice is entirely theirs.

Source: The Kathmandu Post, May 31, 2007

India's silent war

Jack Leenaars*

Nepal's Maoists are known throughout the world for their liberation war. But who has heard of the 'red battle' being waged by their Indian comrades?For 40 years, Maoist guerrillas, or Naxalites as they are called in India, have been using dense jungles and forests as a base for their operations against the New Delhi central government.

The struggle is centred in Chhattisgarh state, one of India's poorest states, where a violent campaign against the Naxalites was launched in June 2005. Both sides are guilty of human rights violations, and with more than 50,000 refugees, precious raw materials to exploit, and the local tribal population the biggest loser, the conflict has all the ingredients of a dirty war.

In the line of fire

Between police troops and paramilitaries on one side and Maoist insurgents on the other, the Maraiguda refugee camp has been on the frontline of this silent but raging war in the tribal heartlands of India.

Sauntering past the barrier of the Maraiguda camp is 22-year-old Dharma. He has a rifle slung over his shoulder and a small radio in his hand. The sweet sound of Bollywood soundtracks seems out of place amidst the estimated 1300 villagers who have sought refuge here.Although this morning's patrol was quiet, the dark nights can be quite a different story if the Maoist guerrillas in the adjacent forests decide on a surprise attack, as was the case last Saturday.The road to the nearest village, Golapalle, about 25 kilometres away, runs along the camp's watchtowers. "It's very dangerous. The area is held by Naxalites," says Dharma, who has been in the anti-Maoist civilian militia for a month. He was born in the area but anyone who remains there is considered a Naxalite.

Rebellious beginnings

The name used for India's Maoist rebels refers to Naxalbari, the place where a local rebellion against landowners broke out in 1967. The insurrection was put down in the 1970s but splinter groups remained active. In September 2004 the most important groups fused to form the Communist Party of India (Maoist), an underground political movement that advocates an armed struggle to free India of all feudal and imperialistic influences.The rebels' strength lies in the weakness of the state. In areas where the government is noticeably absent, the rebels fill in by setting up their own administrations based on Maoist principles.

Security service sources say a maximum of 15,000 revolutionaries are active in 13 of India's 29 states. They form a 'red corridor' stretching through nearly one quarter of India, from the far north to the south.Contented paramilitary fights backThe explosive growth of the Naxalites has led to increasing confrontations with the security forces. The fighting in Chhattisgarh is more intense than anywhere else. It is here that the 'Salwa Judum' (peace mission), an anti-Maoist campaign, began two years ago. In June 2005, local people spontaneously joined the Salwa Judum to combat the Naxalites. The leader of the movement, Mahendra Karma, explains, "it's a people's campaign".

Opinions in Chhattisgarh are divided as to whether the campaign began of its own accord or not. Opponents of the Salwa Judum say that the police and local elite, who have been hard hit by the Naxalite insurgency, strategically established it in order to gain control of Chhattisgarh's natural resources (iron ore, coal and bauxite), which remain as yet unexploited. However, the Naxalites are against the utilisation of these resources, arguing that the local tribal people will be cheated in the process.The government, however, has gratefully adopted the Salwa Judum as a paramilitary force. It is about 5,000-strong and its members are termed 'special police officers'. For the most part, they are young men like Dharma who, after a short period of training, are armed with rifles, knives or traditional bows and arrows and deployed against anyone that could be termed Naxalite.

More than 700 villages have been deemed Maoist and 50,000 villagers have been forced from their homes into camps. The Salwa Judum works on the principle that those 'who aren't with us, are against us,' and, thus, a Naxalite.

Enduring conflict and corruption

A journey along National Highway 221, a sand road pitted with craters, shows the effects of the Salwa Judum campaign. Overflowing refugee camps alternate with ghost villages, whose residents have fled for fear of reprisals. Human rights organisations have condemned the Salwa Judum. The Asian Centre for Human Rights says that 363 people were killed last year in the violence and 101 people were killed in Chhattisgarh during the first quarter of this year.The Indian Supreme Court joined human rights groups this month, calling on the state government to review its support of the campaign against the Naxalites.

"In human terms, the situation is a tragedy," says activist Ilina Sen, whose husband was arrested last week on charges of having suspicious links with the Naxalites. "But the backing of the Supreme Court is incredibly important. The government must listen to its advice and change its policy."The question remains, however, as to whether the Supreme Court's decision will provide a solution for the civilian population caught up in the conflict. For the time being, it seems they will remain in the line of fire.

Source: Radio Netherlands Worldwide, May 30, 2007

Nepal leaders fix poll time, rescue parliament

Nepal's deadlocked peace process inched forward again after the leaders of the ruling alliance agreed to hold the stalled polls in November and persuaded dissenting MPs to allow parliament to sit after remaining disrupted for nearly six weeks. The constituent assembly election, which will decide if King Gyanendra loses his crown, will now be held by the second week of autumn month of Mangsir, anytime between November 24-30, MP Amod Prasad Upadhyay said after the chiefs of the eight-party ruling coalition met at Prime Minister Girija Prasad Koirala's residence.

The decision was taken after the international community began expressing concern at the delay. A delegation of the European Union ambassadors in Nepal recently met both Koirala and Maoist chief Prachanda. The Indian ambassador to Nepal, Shiv Shankar Mukherjee, and his American counterpart, James F Moriarty, also met Madhav Kumar Nepal, whose Communist Party of Nepal-Unified Marxist Leninist was said to have been holding up the coalition meeting.
The Maoists, however, had a note of dissent. While welcoming a fresh poll date as a positive step, the party, whose office was targeted with a attack earlier this week, said it feared that King Gyanendra, who could be dethroned by the poll, would try to sabotage it.

Reading out the note of dissent, Maoist MP Dinanath Sharma said since free and fair polls were impossible as long as the institution of monarchy remained, the eight parties should abolish the 238-year-old institution and declare Nepal a republic through a parliamentary declaration. The meeting also persuaded the MPs who have been stalling parliament since mid-April to call off their protest. First the Maoists and then the MPs from the Terai plains began disrupting the house. Though the Maoists later backed down, the plains legislators kept it up, demanding scrapping of a controversial commission formed to delineate new constituencies for the election. As a compromise, the eight parties agreed to review some of the contentious recommendations made by the panel.

However, though the house reconvened on Thursday, the opposition parties remained on the warpath, accusing the government of heeding only the demands by its own partners. The biggest opposition party, the Rastriya Prajatantra Party, is demanding a commission to investigate the killing of its sitting legislator, Krishna Charan Shrestha, in the Terai plains. The law and order situation has been worsening alarmingly in the Terai, where armed groups have mushroomed, spreading violence and terror. At least two of them have said they would oppose the election, just as the Maoists did in the past.

Another serious drawback to free and fair polls is the increasing flexing of muscles by the Maoists, whose sister organisations have been carrying out extortion, violence and other unlawful activities with impunity. The RPP and its splinter, RPP-Nepal, that is pro-palace, have had their public meetings attacked by the Young Communist League, the dreaded youth wing of the rebels. Earlier this month, when RPP-Nepal tried to hold meetings in Pokhara city, the administration told it in writing that it would not be able to provide security in view of opposition by the Young Communist League.

Source: The Hindustan Times, May 21, 2007

Nepal: Bhutanese Refugee Tensions Erupt Into Violence

(Washington, DC, May 31, 2007) ? Violent clashes this week resulting in two deaths in Nepal's Bhutanese refugee camps underscore the need for the Nepali police to protect refugees from mob violence and ensure their right to peaceful expression, Human Rights Watch said today. The death of a third Bhutanese refugee in a confrontation with Indian police forces this week indicates that all sides must exercise restraint before tensions escalate further with even more loss of life.

Human Rights Watch is concerned about the escalation of violence in the refugee camps in eastern Nepal and along the Indian border, which some refugees have been attempting to cross in a march to Bhutan.

On May 27, a group claiming to be members of the Bhutanese Communist Party (Marxist-Leninist-Maoist) attacked refugees who have voiced support for a US offer to resettle Bhutanese refugees. The attackers beat at least one refugee leader and destroyed his and several other huts in Beldangi II camp in eastern Nepal. Similar attacks occurred in another camp, Beldangi I, where several huts, including the camp administration office, were also burnt down.
In response to the violence, a contingent of the Nepal Armed Police opened fire on the mob and reportedly killed a teenage boy. By some accounts, police shot a second teenager on Monday who died later that day in hospital.

"Nepali police need to protect the Bhutanese refugees and their right to peacefully express their views on resettlement or return," said Bill Frelick, Refugee Policy director of Human Rights Watch. "Factions of Bhutanese refugees divided over the resettlement issue should reflect on the tragic loss of these young lives and conclude that fighting each other will not solve their plight."
Refugees or others who resort to violence and attack refugees with whom they disagree must be arrested and prosecuted by Nepali authorities, Human Rights Watch said. At the same time, the police should avoid excessive force in maintaining order.

While a US offer to resettle 60,000 or more Bhutanese refugees has given hope to many of the 106,000 refugees living in Nepal, some refugees see the resettlement offer as undercutting the prospects for repatriation and have increasingly resorted to threats and violence to prevent other refugees from advocating for solutions other than return to Bhutan. In a report published earlier this month, "Last Hope: The Need for Durable Solutions for Bhutanese Refugees in India and Nepal," Human Rights Watch warned that tensions in the camps are growing.
"Although there is no question that Bhutanese refugees have a right to return, they also have the right to make choices on essential issues like resettlement without threats, intimidation or violence" said Frelick.

In a related development, a group of Bhutanese refugees this week attempted a march to return to Bhutan. Bhutan and Nepal are separated by a strip of land belonging to India. Indian police forces clashed with the refugees at the Mechi River bridge that serves as the crossing with Nepal. Refugees pelted the police with stones, and Indian police fired on the demonstrators, killing one and injuring others. The standoff ended after local leaders talked with Indian authorities who have agreed to forward their demands to the relevant officials in New Delhi.
Repatriation of Bhutanese refugees must be accompanied by the restoration of rights, and should include monitoring and assistance from the UN High Commissioner for Refugees. At the present time, none of the conditions that would allow them to return safely and in dignity have been met, Human Rights Watch said. "Groups of Bhutanese refugees should not resort to violence in exercising their right of return, and the Indian police should also act with restraint and compassion for the refugees," Frelick said.

The Bhutanese refugee crisis began in 1991 when Bhutan started to expel ethnic Nepalis, a policy that resulted in the expulsion of one-sixth of the country's population. So far, in complete violation of international law, Bhutan has not allowed a single refugee to return. Consequently, the refugees have endured years in cramped camps with no prospects for solutions, conditions that have led to domestic violence and other social problems that have come after protracted periods in closed camps. Before any solutions can be achieved, Nepal must provide sufficient security in the camps to enable refugees to express their opinions and exchange information freely, Human Rights Watch said.

At the same time, the United States and other resettlement countries should expand an information campaign in the camps to reiterate that the choice of resettlement is voluntary and does not in any way extinguish the right of return. The countries offering resettlement need to provide detailed information about the rights and benefits for refugees that choose to resettle in their countries. Together with the rest of the international community, particularly India, these countries should bring pressure to bear on Bhutan to permit the refugees to return home in safety and dignity and to end discrimination against its ethnic Nepali citizens.

Source: Reuters News, May 31, 2007

Finding light

The eight-party alliance (EPA) on Thursday set Mangsir (mid-Nov-mid-Dec) of this year as the new time for the constituent assembly (CA) elections. By and large, the stand taken by the Nepali Congress headed by Prime Minister Girija Prasad Koirala prevailed. However, five parties wrote a note of dissent — the CPN-UML, the CPN-Maoist, the Janamorcha Nepal, the Nepal Sadbhawana Party (Anandidevi), and the Nepal Workers and Peasants Party. The notes of the CPN-UML and the NSP (A) supported a fully proportional representational electoral system. The Janamorcha Nepal and the CPN-M also endorsed full proportionality in their notes, but also stressed the need for a pre-CA declaration of a republic. It also decided to have the constituency delimitation commission review its report with respect to districts that were redrawn in a “technically” faulty way. Nearly one and a half months had elapsed since the Election Commission (EC) had made clear that the polls were not possible in June as stipulated in the interim constitution (IC). After that, the relationship of the NC with major leftist parties, particularly the CPN-M and the CPN-UML, had lost some of its glare, the latter insisting the responsibility for the failure should be determined first. The Maoists have even registered a republic-first motion in the parliament.

It is up to the eight parties whether to wait till the CA polls to decide the future of the monarchy or do it right now. At least, they agreed some time back to incorporate a feature in the second amendment to the IC providing for the abolition of the monarchy by the parliament if the King was deemed to “conspire” against the CA polls. If the polls can be heldin Mangsir, a six months’ time difference would indeed be trivial, making the dispute over the monarchy’s future now or then inconsequential. But the question is: Who can guarantee that the polls will not be postponed again? And who will be held responsible if the new date cannot be kept? Indeed, the politicians had talked of holding the CA polls last Mangsir, then it was extended to June 20, then again pushed back by seven days, soon to be followed by the announcement that the polls on the stipulated date were simply not possible.

One need not be a pessimist. But it is always better to use experience as a guide in politics. The issue of the CA polls has been hanging fire in the country for the past 57 years, with certain forces for status quo or regression always arrayed against the CA idea. Some of the EPA partners are late converts to the CA. Doubts and uncertainties, therefore, persist. However, to speed up things, the EPA also stressed the need to address the demands of the various disgruntled groups through talks and also to pass the several CA-related bills pending in Parliament. The tardiness of the governing alliance in taking important decisions is worrying. If again they remain slow, the Mangsir deadline may not be met. In such a situation, the nation would face a serious crisis of confidence that may threaten the very existence of the alliance. It may also plunge the nation into the unknown.

Source: The Himalayan Times, June 1, 2007

Political transition: Factionalism is undermining democracy

Ganga Thapa

The end of the King’s direct rule marked a decisive phase in Nepal’s transition toward democracy and opened a new window of opportunity to restore legitimate authority. But only time will tell if we will have a state in which the will of the people would be respected. The year-long democratic rule has made it obvious that the country is still not on the right track.While factors like constitutional limitation, malfunctioning economy, fragmentation, polarisation and foreign interference throttle the growth of democracy, lack of a democratic mindset, absence of sound party system, rise of race politics and self-fulfilling prophecies, negative image of political leadership, and widely practiced patronage put a major impediment to compromise, the prerequisite of any democracy.

If pluralisation of post-authoritarian society can resolve the problems in society, the assumption would follow that until the development of a political regime that can garner trust and mass support, both the rulers and the rules of the game are likely to come under attack and the regime is bound to collapse.One way to size up a regime and its political character is to look at its political rulebook or constitution and forms of political participation. In a parliamentary democracy, the executive, consisting of prime minister and cabinet, is dependent on the parliament for its survival. But this is clearly not the case here. Although there are some democratic features, it is impossible to label the current regime either as libertarian or authoritarian as it continues to be governed in an oligarchic fashion or through a ‘combination of oligarchy and democracy’ or rise of ‘democracy doubles’, that seem democratic, but with usurping of political power by a clique of politicians.

Without a political system characterised by cultural integration and social compromise, equitable distribution of political resources, free and fair election, guarantee of human rights, separation of powers and conflict as part of order, it is impossible to transform politics into a stable game where rational actors interact.The transformation seems further complicated by the fact that the political parties, now confined only to the Valley, are high on rhetoric. They have forgotten the outlying areas.The present regime consists of forward-looking elements for evolution of democracy, but it has failed to effectively respond to different problems. And one cannot imagine who and what system will succeed the self-assumed realist PM GP Koirala and his kleptocracy. His argument that Nepal is now 80% republic is wrong in terms of its viability and its value for conflict prevention and is likely to lead toward unstable coalitions and proliferation of extremist parties.

Democratisation cannot be sustained without a legitimate political order. Modern democracies depend a lot on the types and level of fairness of political institutions and on how leaders develop and accept new ideas. A regime need not have popular approval; what is essential is that most of the population consider that the system is right for them.There is one issue that deserves particular emphasis. Even if CA is necessary for the institution of democracy, and uprooting of old mores, values and structures, legitimacy of constitution, according to constitutional law, is derived primarily from the method of its enactment. It can only be credited with legitimacy if the CA is formed according to democratic principles and/or constitutional draft is ratified through a referendum.

A political system depends on whether the social and political elites follow constitutional rules and accept democratic system. The challenge for them is to identify the factors that bring about conflicts and develop effective response. Yet until all the parties agree to the basic ‘rules of the game’, tensions are bound to rise between ruling elites and their opponents who would like to curb the centre’s power. Nepal still is in the stage of fictionalisation, where manipulated groups jump into action at the call of their politico lords.

These groups are only concerned with their vested interests. They are not concerned about setting up institutions for political and economic stability, or acquiring legitimacy through due process, or being accountable to the people. Class-based movements with Marxist agenda must give way to cleavages. In the case of Nepal, there still are several motivational or political forces at work, consisting of ‘useful idiots’ — in Lenin’s telling phrase — that can spread extremist ideas to turn it into a totalitarian state.They do offer explanations for their actions, but their underlying purpose is to exploit the fruits of democracy, even if it is detrimental to common folks. This is the nub of the problem. People are more concerned about their well-being after a long, arduous and dreadful period of strife and violence. It is time to prove that the people’s movement was not in vain.

Source: The Himalayan Times, June 1, 2007

For Gender Balance

Gender has been directly linked with human rights. Gender issues have often been linked with the issue and rights of women. In fact, gender is not an issue of women alone but of the society. This issue has greater impact on the overall development of the society and the country. Women, mostly in the developing countries, are deprived of their basic rights and opportunities. As a result, women in the developing countries are backward, less educated and more dependent on their male counterparts. As women are backward, societies are also backward. Thus, the gender issue concerns humanity, and gender equality aims at ensuring equal participation and development of both men and women. Women constitute half the population, so sustainable development of any country and society cannot be achieved in the absence of active and constructive participation and development of women. One of the major causes of backwardness and slow pace of development in the developing world is, thus, the gross negligence of gender issues and lack of gender equality. Realising this, gender, though late, has now received due prominence in all sectors.

As a developing country, Nepal's case is also not much different in terms of gender. Theoretically, Nepal has adequate provisions for gender equality and women's rights. It has ratified the UN Convention on the Elimination of All Forms of Discrimination Against Women. The constitutional and legal provisions have strictly prohibited any forms of discrimination on the ground of sex, colour and caste. However, the reality is different. Majority of women in Nepal are still illiterate. Women have relatively less say in decision making and social and economic activities. Although a law has been enacted concerning equal share for women in parental properties, women are still not being able to enjoy fully the rights due to social and cultural bias. Some leading women have aptly raised this issue and said that only limited number of women have benefited from the new legal arrangements, while the majority of women in the rural areas are still deprived of their basic rights. This is mainly due to the ignorance of women concerning their rights and legal provisions. Against this background, Minister for Information and Communication Krishna Bahadur Mahara, in an interaction organised by Women's Rehabilitation Centre in Kathmandu, has said that the existing discrimination against women should be eliminated through political will and effective social mobilisation. The remarks of the minister are appropriate which need to be put into practice.

Source: The Rising Nepal, June 1, 2007

EC Preparations

FIXING the date for the constituency assembly elections is high on the agenda of the eight mainstream political parties. Everyone is concerned as to when the date would be announced with the consensus of the eight political parties. This is very crucial as the Election Commission (EC) has already suggested mid-November as a suitable time for the polls. At an interaction with the leaders of the political parties on Wednesday, Chief Election Commissioner Bhoj Raj Pokhrel stressed on a free and fair environment so that the election can be held successfully because the whole exercise depends on the massive participation of the people freely and without fear. According to the updated voters' list, there are 17.6 million eligible voters. This shows that the EC is going ahead with its preparatory works so that it can really swing into action as son as the dates for the CA polls are announced. It has also said that the date should be announced by mid-June so that the election could be held by mid-November. This issue must be seriously taken up by the political parties concerned.

Instead of dilly-dallying, the eight-party leaders must be straightforward in reaching a consensus. Meanwhile, the necessary legal tools are also not in place because of the disruptions of the legislature parliament proceedings. The House proceedings must, therefore, be made smooth so that the necessary laws related to the polls can be put in place. This issue must be taken up seriously by all the concerned. With the House not being able to sit, the problems for holding the polls are obvious. All the legislators who have been disrupting the proceedings must come up for dialogue with the concerned to sort out the issues. That will make it possible for the proceedings to continue so that many laws registered could be passed, including the laws related to the elections. If this is done and the date for the polls announced, the people will feel assured that their mandate has been followed. It is also necessary that the eight-party leaders sit down together to see that the CA polls are held as per the date that has been floated around. Only fruitful talks among them can break the deadlock so that the EC could really begin its task in earnest to see that the elections are held in a free, fair and impartial manner as per the aspirations of the people.

Source: The Rising Nepal, June 1, 2007

CA Polls : Seriousness Must Emerge

Prem N. Kakkar

For the legislature parliament proceedings to be stalled for a month and a half is a matter of great concern. For the House - that came into existence with the tacit approval of the eight political parties - to come to this state is rather unfortunate. When so many agreements were made to come to this point, the leaders of the said parties must come to terms with the reality of the country.

Election laws

Though the Maoist legislators have said that they would not disrupt the proceedings, the Madhesi MPs have not relented and are going ahead with their demands, although a review of the constituency report has been agreed upon by the eight parties. This may possibly pave the way for the House meetings to continue. It is urgent for the House to convene as early as possible because a number of election-related draft laws have yet to be discussed. The longer the delay in the parliament meetings, the greater the delay in the constituency assembly polls.

It mist be remembered herein that the Election Commission has already said that it needs over a hundred days to make full preparations for the polls after the announcement of the election date. The parties must be serious on this matter. It is said that the eight party leaders have tentatively agreed on holding the CA polls by mid-November, but no official statement has yet been issued so far.Even the eight party parleys have been stalled for the same length of time. Some parties were up in arms as soon as the Election Commission had said that the CA polls could not be held by mid-June. It obviously meant that the date had to be shifted. Soon after, the Maoists demanded that a republic be declared from the parliament itself while the CA polls could be held later. But there is no total agreement on the issue. The Nepali Congress (NC) has always been insisting that the first meeting of the constituent assembly would decide the fate of the monarchy, so it was prudent on the part of all to focus on the CA polls. That is in a sense the right assessment as the issue had been agreed upon earlier among the eight party leaders.

For any party to sidetrack from the earlier commitment is not right. The parties concerned must moot over the issue and arrive at a consensus as soon as possible. If it takes longer to decide on the date of the polls, there will be further confusion among the people. They must understand that they have to work as per the mandate given to them by the people with the April uprising. It is a serious issue and cannot be ignored by the parties concerned. The delay in holding the CA polls can prove counterproductive as it will give the regressive elements an opportunity to regroup and play mischief.Moreover, talking about the monarchy at this juncture is not necessary as the first meeting of the CA will decide on it. By dwelling on this issue at the moment, one is only creating confusion. Instead of this, there are more pressing issues to be looked into including the demands of the agitating groups particularly from the Terai. The issue of constituency delineation has to be the focus at the moment. Instead of talking of a third Jana Andolan, works must be initiated to consolidate the gains made so far and institutionalising them. This can be done by fixing a date for the CA polls. There are contentious issues, but they must be resolved through talks.

Law and order

Another factor that needs special attention is the law and order situation. It must definitely improve before the elections can be held. This will remove the apprehension of the people in the run up to the polls. The recent spate of violence seen in many parts of the country ought to be checked. Every group may have its set of demands, but they have to resolved through talks instead of demonstrations and bandhs, which have often turned violent. The parties concerned, too, must make every effort so that any sort of violence is controlled.Now it is on the shoulders of the eight party leaders to resolve their differences and agree on a date for the CA election, and for the legislature parliament to begin its normal functions.

Source: The Rising Nepal, June 1, 2007

Voters' Education And Current State Of Affairs

C. D. Bhatta

In this piece, I am putting down some of the empirical thoughts on the current state of affairs that came into limelight during the course of my field visits to different parts of the country as part of voters' education and civic rights programme. The programme was organised by Friedrich Ebert Stiftung (FES), a German think tank in Kathmandu, with the help of the German Ministry of Foreign Affairs.

Respect for others

The overarching aim of the voters' education programme was to train and educate the local people on contemporary political issues such as civic rights, democracy, constituent assembly (CA) election, current state of affairs and trickle down of knowledge to the grass root level. The central logic of this programme was to lay emphasis on the fact that democracy only works when it promotes local situations, local values based on social justice and solidarity, and there is a balance between two types of rules - written and unwritten - of society.

Equally important is the culture of respecting others (opposition parties) that play a great role in expanding the democratic sphere. It is because, in a democracy, every opposition of today moves into the helm of power tomorrow, and every party that is in power today might have to sit in the opposition bench tomorrow. This means democracy cannot be owned by a particular party for a long time but can only be rented for sometime. Likewise, democracy is all about sharing the burden of each other, that is, those in a society having a broader shoulder have a responsibility to carry those who have smaller shoulders. Dev Raj Dahal, a noted political scientist, is of the view that the decision to hold the constituent assembly election in Nepal has made Nepalese politics open-ended. There is increased citizens' participation in state affairs, but the state has or is not in a position to develop its own capacity to guarantee participation.

Political power has been transformed from the king to the eight political parties, but within this 'power transformation', neither is there intergenerational justice nor is transformation felt by the citizenry at large. Today various types of transformations are taking place in the Nepali society. For example, transformation in discourse (loktantra vs. prajatantra, ganatantra vs inclusive democracy); transformation in the political parties, that is, the rise of ultra communists forces; transformation in the actors, that is, the rise of political leaders of various ideologies and suspension of the king; transformation in subjects, that is, from a unitary to a federal system of governance; and transformation in procedure, that is, promulgation of the interim constitution and initiative to hold the election to the Constituent Assembly to write a new constitution. Having said this, however, there is no clear agenda before the state as to what type of state and system of governance we really want to have at the end of the day. We talk about 'state restructuring', but it is still not clear as how we want to go about and what type of restructuring would work best for us. Merely playing with words by producing various types of political terminologies without any scientific justification is creating more confusion than resolving problems.

Principally, the main purpose of the state is to protect the weak in a society from the strong and that of politics is to address underlying problems of the society by engaging people in the institutional life of the state. Moreover, the state has a duty to maintain public order in a society, and politics should bring about changes in a society. The main logic of democratic politics, therefore, is to initiate dialogue, search for a common agreement and provide alternatives (choices) so that diverse societal demands/interests could be met. However, there is a deadlock in Nepali politics, which is apolitical. A great deal of conflict exists between the state and societal forces. The result of this conflict is that the parliament has been stalled for more than a month, interim constitution has been receiving the wrath of the opposition from different sections of society, and it had to be amended within 35 days of its promulgation. The amendment of the constitution on an installment basis does not necessarily herald a prosperous political future for the country.

We have signed a comprehensive peace accord, but conflict residues are still prevalent in society. Different types of societal groups are forming critical masses, and the state has not been able to play the role of 'state' due to which it is losing internal sovereignty to various non-state-actors. The best part of the April uprising was that the citizens have been given their rights, but there is no efficient mechanism to ensure these rights. In a sense, no attempt has been made to make the state machinery strong and prosperous so that they can meet the challenge generated by these rights.This has resulted in the erosion in the capacity of the state in different arenas - erosion in policy (no sovereign policy), erosion in state authority (rise of the non-state actors), and increase in competitive violence (rule of might). Because of these factors, the state is not in a position to fulfil the main duties of the state - protect the weak, resolve conflicts, maintain sovereign policies, including foreign, and deliver public goods.

Harmony

Against this backdrop, the challenge for the Nepali state is how best to reconcile harmony between all the conflicting ideas, concepts, norms and values without undermining the spirit of the age. An attempt should move towards providing political legitimacy to the achievement of the people's movement and constitutional legitimacy to the interim constitution in order to move the political process ahead.

Source: The Rising Nepal, June 1, 2007