Devil’s Advocate: Prachanda

As Nepal goes through a difficult transition, what is the stand of the country’s Maoists on the important issues that will determine the future? Nepal’s Maoist leader Prachanda spoke exclusively to CNN-IBN on those issues in an interview on Devil’s Advocate.

Karan Thapar: Now that the interim Government has given itself the power to abolish the monarchy, if the King interferes in politics, don't you think you should withdraw your demand for the immediate abolition of the monarchy?

Prachanda: No, we don't feel that. Although the Parliament has already decided that two-thirds majority of Parliament can abolish the monarchy, in that sense we feel that our demand is justified.

Karan Thapar: So you want Parliament to abolish the monarchy immediately?

Prachanda: Yes, we want that Parliament should take initiative and monarchy should be abolished immediately.

Karan Thapar: But then what is the point of having a constituent Assembly in four or five months’ time. This should be decided by the Assembly.

Prachanda: The constituent Assembly is quite necessary to restructure the whole state. It is not the question related only to the monarchy.

Karan Thapar: But the monarchy is an important part of the structure of Nepal. Surely, this is a decision the Assembly should decide. If you don’t decide this in the Assembly, you are disrespecting the Assembly.

Prachanda: We are not disrespecting the Assembly. We have compromised with other parties that after the election, at the first meeting of the Assembly, we will decide the fate of the monarchy. But during this one-year period, it has been proved that until and unless the monarchy is there, it will create disturbance and try their best to derail the process. Therefore, we try to take initiative.

Karan Thapar: So the problem is that you don’t trust King Gyanendra ?

Prachanda: Exactly. But it is not the question of individuals. It’s the question of this feudal institution that should be abolished.

Karan Thapar: So you are not ready to let the Assembly take this important decision?

Prachanda: Why has the Parliament decided right now that two-thirds majority can abolish the monarchy before the elections?

Karan Thapar: But just because the Assembly has given itself the power does not mean it has to exercise the power?

Prachanda: But the provision is there that if serious disturbance comes from the monarchy, in our assessment, serious disturbance has already occurred through the monarchy.

Karan Thapar: All right. Let me question you on that. On Tuesday, your colleague, Baburam Bhattarai said that he is scared that the King might engineer a coup with the help of the Nepalese Army. He even said that General Katwal, the Army Chief is a foster brother of the King. Is that a real fear or is that Mr Bhattarai’s imagination?

Prachanda: It is an open secret that Mr Katwal has been educated and raised by the Monarch therefore he has the real relation with the Monarch. But right now we feel that they are trying to activate their forces. So that is the danger from that kind of a relation.

Karan Thapar: So you are really scared that the King and Mr Katwal could organize a coup?

Prachanda: No, right now, I don’t think they will organize a coup. In some section of leadership of the Army, we heard that they are trying to do some things.

Karan Thapar: But you are not taking that seriously.

Prachanda: No I don’t think as a whole Army, they will take such an initiative. In the whole history of our political development, the Army has not taken such kind of decision. They also know the overall political consciousness of our masses and people.

Karan Thapar: So you trust the Army and are prepared to trust General Katwal?

Prachanda: It is not a question of trust. Katwal may have some sentiments with the Monarch and you will imagine some kind of disturbance. But on the whole I don’t feel that they will be able to take such an initiative.

Karan Thapar: This is very interesting because on this issue you have a slightly different opinion to your deputy. Mr Bhattarai is rather scared about this. You are not worried.

Prachanda: We have information that in some sections they will try but the will not be able to, that is my point.

Karan Thapar: Though the Prime Minister has not said this officially and formally, many people believe that he would like to retain the monarchy in a ceremonial form, perhaps like the British

Queen. Do you believe that is Mr Koirala’s actual position?

Prachanda: Yes, I think five years back I had a regular contact discussion with Mr Koirala and he’s not quite clear about his own position. He vacillates questions of the monarchy and the republic.

Karan Thapar: Is he confused or is he trying to find a clever way of keeping the monarchy?

Prachanda: Previously I thought he was trying to find an artful way of abolishing the monarchy. But in the latter half of the development I think he was trying to find an artful way to save the monarchy.

Karan Thapar: So the Prime Minister is trying to save the monarchy?

Prachanda: Yes, when he says ceremonial monarchy and then he says I want to give some political space to the Monarch, all these things prove that.

Karan Thapar: On Sunday the PM revealed that he had advised King Gyanendra and Crown Prince Paras to abdicate in favour of Prince Hridendra. If that were to happen, could the Communist accept a ceremonial monarchy?

Prachanda: It is not a question of Communist. The whole nation will not accept such a ridiculous thing.

Karan Thapar: Not even Prince Hridendra, who is only four or five years old?
Prachanda: Yes, nobody will agree to that.

Karan Thapar: If the constituent Assembly meets and decides to retain the ceremonial monarchy, will the Maoists respect and honour that decision?

Prachanda: We do not believe that kind of a result will come.

Karan Thapar: But if it comes?

Prachanda: If it comes, we will respect what the masses want and we will teach the masses what they did is not correct but we will respect the decision.

Karan Thapar: So you will accept a ceremonial monarchy if the constituent Assembly decides to keep one?

Prachanda: My point is that we will respect the decision and ideologically we will again peacefully try to educate the masses.

Karan Thapar: Peacefully? There will be no arms struggle?

Prachanda: Time and again I have cleared this point that we will respect the decision.

Karan Thapar: The reason I want to clear it again is because at the moment you are demanding immediate abolition. So you will accept a ceremonial monarchy if the constituent Assembly decides to keep one?

Prachanda: Yes. That’s why I’m here. If we do not respect the decision, how can we be part of the elections?

Karan Thapar: That’s interesting because at the same time you want to abolish the monarchy before the Assembly meets but leave that aside. Let us now move on the question on the election of the constituent Assembly. On the 15th of this month, speaking in Kirtipur, you said you don’t even believe it’s likely to happen in December. Given that the election has already been postponed once, are you confident it will be held this year?

Prachanda: We have serious doubt it will be held. We are for the election. As soon as possible, it should be held but because of the experience we have serious suspicion.

Karan Thapar: You are seriously doubting that the election will be held this year?

Prachanda: Yes, we have serious doubt.

Karan Thapar: How much of a responsibility will the that of the Prime Minister?

Prachanda: Main responsibility should be taken by the Prime Minister because when we entered in the negotiation and the agreement, the PM time and again said if I will not be able to hold elections in June, then morally I will not be the PM.

Karan Thapar: Do you think, because he has not been able to hold the elections by June, morally he should step down?

Prachanda: I am not saying that. It’s the PM himself who said this time and again.

Karan Thapar: But you are saying that the responsibility for delay, the failure to hold the election on time is that of the Prime Minister.

Prachanda: Main responsibility is that of the Prime Minister.

Karan Thapar: Why did he fail? Because he does not wants to hold it or is it because he is weak? What is the explanation?

Prachanda: My point is that the Prime Minister and his party could not take the concrete position of the monarchy ad the republic. This vacillation in its political position is the main reason.

Karan Thapar: In your eyes, is the PM vacillating because he is actually trying to find a way of retaining the monarchy and therefore he keeps delaying the elections.

Prachanda: I have serious doubts that the PM wants to retain monarchy and therefore he is trying to play with the situation.

Karan Thapar: How much tension has this introduced in your relationship with the Prime Minister?

Prachanda: There have been many ups and downs, twists and turns in the relationship but yet I think that the relation is not so cold. We are in a warm relation which some times gets very tough as well.

Karan Thapar: Sher Bahadur Doeba, the leader of the Nepali Congress Democratic Party says that the obstacle to holding election with the constituent assembly are the terrorist acts of the Maoists. He blames you.

Prachanda: It is quite wrong. It is Sher Bahadur Doeba himself who doesn’t wants to have elections. For the first time when we entered into this negotiation with Doeba, he is the person who was quite against this election of the Constituent Assembly.

Karan Thapar: Let me put this to you. Suppose the elections do not happen in November-December. How serious will that be for Nepal?

Prachanda: It will be a disaster, I think. Whole political scenario can change in a serious anarchy in this country. I don’t want to imagine the results.

Karan Thapar: If such a disaster happens, can the interim government survive that disaster?

Prachanda: I don’t think so. In that situation, another serious mass movement should be organised and we will be with the masses.

Karan Thapar: When you say that another mass movement should be organised, are you talking about a return to arms struggle?

Prachanda: Not at all. It will be a peaceful mass movement.

Karan Thapar: If you are going to organize a peaceful mass movement, does that mean also that you will leave the interim government?

Prachanda: When we will be forced to go into a serious mass movement, at that time we will abandon the interim government. We will be out of the government, but will be in the legislature.

Karan Thapar: So you will be in the Parliament but leave the interim government?

Prachanda: Yes. That’s right.

Karan Thapar: So let me repeat, what you are saying, that if there are no elections in the constituent assembly in November or December, it will (a) be a disaster in Nepal, (b) you will launch a mass movement and (c) and at that point you will leave the interim government.

Prachanda: Yes. Exactly. We will leave the interim government but will retain in the Parliament and we will handle the mass movement in a peaceful way.

Karan Thapar: Mr Prachanda lets talk about your party of the Maoists. You have agreed to surrender your arms, to out your combatants in camps, to return or cease property and discipline the young communist league. Your critics say that on all these issues, you are cheating. Tell me, are your cadres not refusing to obey your orders or are you only too happy for your orders not to be obeyed.

Prachanda: I want to make it clear that we have not surrendered our arms. We have agreed to integrate both the armies on a new basis.

Karan Thapar: Let me explore that. E N Martin the United Nations Special Representative says that 30,850 Maoist combatants have registered in camps, but only 2,855 arms have been handed it. That is a huge discrepancy. Are you holding back your arms?

Prachanda: The data is incorrect. I think it is somewhere close to 3000.

Karan Thapar: But look at the difference, thirty thousand combatants and just three thousand weapons. Where are the other weapons?

Prachanda: Yes, it is a serious question and time and again I’ve tried to make it clear that our comrades are not all armed with modern weapons. They have been armed with grenade, crude bombs and the likes.

Karan Thapar: Have you surrendered everything? Or are you hiding some stock?

Prachanda: Yes, we have stored all the bombs, grenades, guns and everything. We have in fact registered all the arms and explosives.

Karan Thapar: Let me quote to you what Nankishore Punj the leader of your Maoist army said. He said, “If we detect more arms in the future that are presently out of our memory and control, then we will inform the UN monitors.” How can you not remember where your arms are? It sounds as if you are cheating.

Prachanda: Its not a question of cheating. When we were in the war, we remained in the rural areas, jungles and scattered in different parts of the country. We did not have a really disciplined barrack like that.

Karan Thapar: So you cant remember where your arms are?

Prachanda: The arms may have gone missing in few places.

Karan Thapar: Alright. Let me put in something else to you. E N Martin says that instead of surrendering and registering in camps, your combatants have instead joined the young communist league. In that place, even boys under 18 have been registered.

Prachanda: You have to understand the whole phenomena of communist league. You should go back to the question on the paramilitary forces we have organised during the conflict.

Karan Thapar: Have you moved your Maoist Army combatants into the League?

Prachanda: No that’s not true. However in the league, some combatants are there who were the commanders in PLA. But we have not kept this any secret.

Karan Thapar: These combatants who have joined the young communist league—are they indulging in violence? Because the Prime Minister has gone on record to say that the Young Communist League is like a ‘young criminal league.’

Prachanda: I am sure he must have been out of his mind when he said such a thing. It is a serious charge that they have made. Later on when we discussed it with the PM he said he was sorry for the comment.

Karan Thapar: Did he apologise to you? Did he actually used the word ‘sorry’?

Prachanda: Not exactly. But by his explanation he sounded apologetic. He said it was due to an emotional outburst and the given situations that he said such a thing.

Karan Thapar: Its not just the PM who accuses the Young Communist League of indulging in violence, extortion and intimidation. Sher Bahadur Doeba also says similar things. Many of the members of the Seven Party Alliance too feel the same. Are you using the Young Communist League to intimidate or to threaten?

Prachanda: In my opinion people are exaggerating the whole issue.

Karan Thapar: By saying they are exaggerating, you are hinting that there may be little truth, but they are exaggerating it.

Prachanda: There may have been small incidents, but we are trying to minimize any kind of violence.

Karan Thapar: So do you accept there have been such instances?

Prachanda: Yes.

Karan Thapar: You also told Former President Jimmy Carter that you would correct the ‘mistakes’ of the Young Communist League. So that means you clearly accept those mistakes?

Prachanda: When we were there at the Central Community meeting, I myself said that we will have to minimise such kinds of incidents. But mainly and basically what communist league is doing is correct because they are building roads, plating trees and doing much public work.

Karan Thapar: People say, Prachanda if orders about returning seized land, Maoist leaders disregard him. Do your local cadres disregard your orders?

Prachanda: No it is not the case. Returning the land is a very sensitive question. We have initiated from the Western districts of Nepal. But we still have to settle the question of settlement of peasants.

Karan Thapar: Can people trust Prachanda to do what he says.

Prachanda: They trust and they should trust. We have initiated the process and this is again a very sensitive issue that we have to decide the settlement of peasants.

Karan Thapar: So what you are saying is: Give me time, I will surrender seized property.

Prachanda: It needs some time.

Karan Thapar: But you will fulfill the commitment to surrender seized property? Is that a promise?

Prachanda: Yes that’s a promise.

Karan Thapar: And you will also ensure that the Young Communist League do not indulge in violence, that’s another promise.

Prachanda: Yes that’s a promise. But you should also see that many a times provocation leads to such things. Like it happened in the Tarai region of the Madhesis, when our comrades were provoked into violence.

Karan Thapar: But will you exercise control, now? Will you keep telling them not to indulge in violence?

Prachanda: Yes, very much.

Karan Thapar: My last question is, when the elections to the constituent assembly take place, if you don’t get a majority, will you accept a minority role or will you boycott the Assembly.

Prachanda: We will respect the decision. We may be in the minority and we will struggle ideologically and politically.

Karan Thapar: But will you accept the minority position if that is the outcome.

Prachanda: We must have to accept it.

Karan Thapar: Thank you Mr Prachanda for this candid interview.

Source: CNN-IBN, June 25, 2007

India-Nepal Sentimental Relationship

Kamala Sarup

There are many commonalities in culture, music and other social aspects between Nepal and India. The recent musicians showed that there are no boundaries between India and Nepal and they shared almost everything. It is a traditional musical instrument common to both Nepal and India and has grown in each of the countries both independently and through constant interactions. The commonalities of culture are always major assets to bring people of Nepal and India together. One cannot ignore these commonalities of culture".(Source:Spotlight)
Nepal and India have intimate relationship. India and Nepal are close and friendly neighbors. Relations between Nepal and India have been traditionally close. Our relationship is unique.
How do we look at ethnic diversity in India and in Nepal? What do we suggest to implement various programs effectively for the people?

A Nepali Scholar said recently to me"Talking about India first, there is no other nation-state on the planet that is as diverse as India. Nepali statesmen, thinkers and political party activists must take lessons from India's success in this regard. In about 60 years of independence Indian leaders have created institutions and means to come up with a progressively integrated nation. The federated state structure and recognition of regional languages, secular constitution, massive educational investment, affirmative action, separation of powers and independent bureaucracy, economic liberalization and other such bold initiatives have given theIndian state legitimacy and resiliency through turbulent times". He said
"The media works in tandem with non-governmental organisations and intelligentsia, and they together form civil society in a conflict situation. Further, reality is often mediated through the media. It is only based on the information provided by the media, people make a choice. If people do not get enough information, their choice will not be an informed one. So the rights of journalists are important to fearlessly report events of diverse nature. For instance, at least seven journalists have been reported missing during the emergency period in Nepal a year ago. Media should continue its efforts towards a just resolution to the conflict. It should highlight efforts towards peace and downplay events that escalate conflict. One may call this as advocacy journalism. But that is how journalism has to function in a conflict situation.

Ethnic diversity should be appreciated. At times, in the name of unity, uniformity is promoted. The concept of unity in diversity should gain ground in both the countries. Nepalese population may be broadly classified into three major ethnic groups in terms of their origin: Indo-Nepalese, Tibeto-Nepalese and indigenous Nepalese. More than 75 percent of the population is Indo-Nepalese. In India, the emergence of coalition governments at the centre is a reflection of the aspirations of different linguistic and social groups. Thus now the central government in India has council of ministers from diverse caste, ethnic and linguistic backgrounds. Polity should have heterogeneity because, after all, it has to cater to a heterogeneous population. Probably, Maoist insurgency in Nepal would decline if aspirations of different sections of the people were met.
There is a tendency both in India and Nepal to deny caste discrimination, or rather to take a functionalist stand of justifying the caste system in terms of the Hindu social order. Does this approach promote social harmony? Definitely, not. The first step to get rid of social discrimination is to accept the fact that there is discrimination. For instance, the position of not recognising caste as a discriminatory factor taken by India and Nepal at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban in 2001 only helps safeguard such unjust social structures". Dr. I. Arul Aram, Ph.D., said to me.

Dr Arul further added "At times, Nepalese elites living outside the country are Kathmandu-centric and they fail to notice any of the problems of rural Nepal. India being a big neighbour, it is nothing wrong having cooperation in terms of military supplies and sharing of defence intelligence information. The Maoist insurgency in Nepal has claimed over 10,000 lives since it began in February, 1996. It now affects 73 out of 75 districts. The rebels have raised their own guerrilla force, militia and parallel government units in their strongholds. They also operate parallel people’s courts and are preparing to implement new Maoist-oriented syllabi in schools in their strongholds. This has made the Government dysfunctional in almost all Nepal". "In a developing country, the Government has a large share in development. But the Government should be committed and be devoid of corruption. Also, tendency of Nepalese governance to centralise and the lack of focus on development are sustaining Maoist insurgency. Only development can bring forth an egalitarian society and help integrate the refugees into the mainstream. Nepal is a small country and the problems cannot be big if there is a political will to solve them. Recent opinion polls in Nepal show that there is an overwhelming public support for peace".he said.

Source: Mediafreedom.com, June 24, 2007

Balancing act

Presentation of the national budget (2007-08), the first by the eight-party interim government, is only two weeks away. This budget will also mark the end of the 10th Five-Year Plan and commencement of the Three-Year Interim Plan. The upcoming budget is bound to be a tough balancing act, not only because of the fast-growing demands coming from the myriad groups, but also because of the different priorities of the various constituents of the government. Added to this will be the heavy burden of reconstruction and rehabilitation, plus the constituent assembly polls. Therefore, the upcoming budget will have to be substantially larger than the previous budget — it is expected to hover at around Rs.160 billion. As the average economic growth rate during the past several years (including this year’s estimated rate of 2.5 per cent) has barely kept pace with the population increase, the country has hardly grown in net terms.

This implies that the foreign aid component of the budget will have to swell. As issues of uplift of the disadvantaged communities and development of backward regions have come into sharp focus, these are likely to force the eight parties’, and therefore the government’s, special attention. There is also a pressing need to make bigger allocations for the social sector, particularly health and education, to make these services accessible to the under-privileged. The government is also under heavy pressure from other sectors such as industry and agriculture for more money, and even from its employees for pay hike. It may have to consider substantial grants for the local bodies where the elective vacancies may shortly be filled by nomination. Because, over the years, almost every sector of the national economy has suffered from huge problems emanating from the conflict and its effects, such special push for greater government attention is not unnatural.

To stimulate the sluggish economy should constitute a principal task of the government. Finance minister Dr Ram Sharan will also have to give the budget something of an “inclusive” character at a time of inclusive politics. The interim government’s Common Minimum Programme (CMP) could provide some common ground. Inclusiveness also means that the constituent parties should be widely consulted and the outcome should reflect their consensus. In view of the too many competing needs, much more than in the past years, and the limited resources, there is also a danger that the resources could be thinly scattered. Finance ministers in Nepal have not had to deliver on their promises, and their emphasis has been on making the budget sound impressive at the time of presentation. Just look at the development budget of every year and at the wide gap between promise and performance. Even the quantum of estimated foreign aid and actual disbursement may well differ. Besides, failure to cut down on wasteful expenditure and to crack down on financial corruption can send the best-laid plans haywire. This has been one of the weakest points of successive governments.

Source: The Himalayan Times, June 25, 2007

State restructuring

Ananta Raj Poudyal

Ethnic tensions have surfaced in Nepal with the recognition of plural rights that had been denied by the discriminatory policies of the state. One foreign observer has labelled Nepal the “ethnic turntable of Asia”. But the state has heretofore failed to recognise its plural identity. Though some feudal practices were repealed in the 1950s, the concerned policies could not be implemented as the political parties lacked vision for an inclusive democratic process; the obscurantists and stay-putters did not like the progressive policies; and for 30 years, the partyless Panchayat polity denied even basic rights to the people. Surprisingly, the 1990 democratic constitution inherited some of the legacies of the feudal culture, only serving to perpetuate the underlying ethos of Hindu elites.

At long last, the parliamentary declaration last April declared Nepal a secular state. The latent ethnic tensions flared up. It is noteworthy that ethnic divisions are enduring, persistent and emotional, and show a high propensity to open violence. In this context, issues of heightened ethnic nationalism, regional autonomy, federal state, right to self-determination on the basis of race, language, culture and geography have appeared as the thorny issues in the restructuring process. The Maoists exploited the latent ethnonationalism and urged the ethnic groups to rise against the existing social order. It suggested federal structure on the basis of ethnicity.

The Tarai identity crisis is deep and divisive, tending to attract external predators and regressive forces that have exploited internal rifts, adding fuel to the fire. Nepal Sadbhawana Party along with the Madeshi Janadhikar Forum has claimed a union of 20 districts in the plain as a federal unit. The Chure Vhawar region too is clamouring for self-autonomy. Members of Parliament representing the political parties of the Tarai have collectively challenged the validity of the constituency delimitation commission report on the ground that it is biased and discriminatory with regard to the participation of the Tarai people in constituent assembly (CA) elections.

The National Federation of Indigenous Nationalities has been demanding full proportional representation system in the CA polls, based on ethnicity and modalities of restructuring on regional and ethnic basis. However, the government did not agree to proportional representation based on ethnicity and the proposal of electing at least one representative from each of the 59 ethnic nationalities in the upcoming Constituent Assembly polls. Rather, in response, the interim parliament passed a resolution for semi-proportional system under which 240 seats have been set aside for representation on the basis of first-past the-post system and 240 seats on the basis of the parallel system. The Hill-Tarai dichotomy has also appeared as a sensitive issue which has remained as a great psychological barrier to the emotional integration of Nepal over the years.

Those societies that have been successful in reducing ethno-political conflicts have allowed the ethnic groups to share power through democratic process and plural identity has been maintained on the basis of minimum value-consensus. When ethnic groups are provided equal opportunities for sharing the valued resources, they generally function according to the rules of the political game. At the other extreme, when the state responds to ethnic mobilisation with policies of exclusion and repression, ethno-political violence is bound to flare up into a bigger conflict. Provisions of consociational democracy (like in Belgium, Norway and Sweden), federalism (the USA, Switzerland and Canada), electoral reform in favour of minority groups, preferential programmes or quota system, and direct and representative democracy have proven effective in containing ethno-political unrest.

Conflict is a natural phenomenon in any society and violence erupts when state proves unable to establish distributive justice with regard to allocation of goods and services, honours, status and opportunities of various kinds. Conflict is a means for different ethnic groups toobtain the best position in the society. The theory of conflict management recommends developing democratic institutions and formation of civil society and citizens’ participation in the policy-making process as effective strategies for containing ethno-political violence.If political parties fail to understand the gravity of ethnic problems while restructuring the society, the already strained harmony could break apart. A horizontal model ensures reduction of inter-ethnic and inter-regional conflicts and antagonism and keeps the level of positive interaction and solidarity high. The model provides equal space and opportunity to all discrete groups in the collective process of nation-building.

Source: The Himalayan Times, June 25, 2007

CA polls to be held on November 22

KATHMANDU, June 13: The coalition government of Nepal Sunday announced November 22 (Mangsir 6) as the date for the Constituent Assembly (CA) elections leaving 152 days for the elections.The cabinet meeting held at the Prime Minister's office at Singha Durbar fixed the date for holding the elections."The cabinet or the government is fully confident that the elections will be held on November 22," Krishna Bahadur Mahara, Minister for Information and Communications told journalists coming out of the meeting. "Some of the situations for the elections have already been put in place and we will make progress for creating environment for the others in the days ahead," he said in response to the queries of the journalists. Minister for Peace and Reconstruction Ram Chandra Paudel and Home Minister Krishna Prasad Sitaula only said, "The government fixed the date of CA elections to be held on November 22." The cabinet meeting lasted for about two hours took the decision, but Prime Minister Girija Prasad Koirala exited at 3:45 pm after about half-an-hour of the meeting.This is the first time in the history of Nepal that the Nepalese people will be going for making constitution through their elected representatives.

The cabinet also provided the Electoral Constituency Delineation Commission 21 days to submit its report. The government, after the parliament passed the second amendment in the interim constitution, had attributed the commission formed under the coordination of former Supreme Court Justice Arjun Prasad Singh to review some technical matters of its earlier report.Fifty-five years ago in 1951 (2007 BS) late King Tribhuwan while declaring the end of Rana oligarchy and establishment of multi-democracy in the country had announced that the people themselves will make their constitution through CA elections. But the election was been put off time and again under different pretexts and never happened.The first ever election to the House of Representatives was held in 1959, with Nepali Congress garnering two-thirds majority, but two years later late king Mahendra couped against the elected government in 1961 and started his direct rule under Panchayat system, which lasted for 30 years until 1990.The interim constitution, which was promulgated on January 15, 2007, had provisioned to hold the constituent assembly elections by mid-June. It could not take place, and the parliament amending the provision on June 13 provisioned that the elections should be held by November.

Earlier Nepal has promulgated five constitutions, the first in 2004 BS which was not implemented, and then in 2007, 2019, 2047 and 2063 BS. None of them were made by the representatives of people. The eight-party meeting held on Saturday had suggested the government to fix the date of the CA elections between November 22 to 26. The interim parliament has already approved four bills related to the elections. People will follow mixed system in the elections as per the 'Constituent Assembly Members' Election Act'. The system includes two methods for the elections ? first past the post and proportional representation systems. People need to cast two votes in separate ballot papers. Under the two methods, each will have 240 seats, making the total number of elected representatives for the assembly at 480. There is also provision for nomination of 17 members by the cabinet from among individuals from different walks of national life making the total strength of the CA as 497.The first meeting of the Constituent Assembly will decide the fate of monarchy as per the provision of the interim constitution.

Source: The Rising Nepal, June 25, 2007

Upcoming Interim Plan Achieving Human Prosperity

Lok Nath Bhusal

Amid the ongoing political transition, the National Planning Commission (NPC), the apex planning authority, is trying its best to craft an Interim Plan (IP) for the next three years rather than go ahead with the 11th Five-Year Plan. The Interim Plan is expected to bridge the gap between the current 10th Plan and upcoming 11th Plan. Indeed, it is assumed that the election to the constituent assembly, parliamentary polls and the formation of a new government will take place in the next three years so that the new government is better placed to bring about the 11th Plan. The unique feature of this plan has been its participatory process of formulation as the major political parties are represented in the government and Planning Commission.

ExpectationsNo doubt, given the incompatible ideologies among the different political parties, it will not be easy for the NPC to formulate a quality Interim Plan by synchronising the differences. However, the NPC, with its inclusive formation, expertise and 50 years of planning experience, has been trying hard to bring about a consensus Interim Plan. Essentially, the Interim Plan would be an instrument towards making a modern, prosperous and just Nepal at a time when the country is undergoing a profound political and economic transition.Looking back, Nepal has implemented nine successive development plans, and the current 10th Plan is in its final year. Despite some achievements in the areas of infrastructure and human development, and poverty reduction, this has not been commensurate with the expectations. The Living Standards Survey 2003/04 concludes that absolute poverty has declined by 11 percentage points from 42 per cent to 31 per cent in the last 10 years due to increased agricultural and non-agricultural wages, urbanisation, increase in the active population, and the massive inflow of remittances. However, income inequality, as measured by the Gini Coefficient, has increased from 0.34 to 0.41. In addition, according to the Human Development Report 2006, Nepal has dropped to 138th position from its earlier 136th. However, the Demographic and Health Survey 2006 has revealed that the birth rate, infant and child mortality rate have improved significantly.

One of the most crucial issues has been the inequitable distribution of the fruits of development in the past. The socio-economic status of the dalits, Janajatis, women and people from the remote areas have not improved, and reforms have not been sufficient to address the aspirations of those marginalised groups. Despite the reduction in the overall level of poverty, there are mounting disparities across various ethnic groups. A study ?Unequal Citizens: Gender, Caste and Ethnic Exclusion in Nepal (GESA)?, carried out by the World Bank and DFID, has demonstrated that 47 per cent of the dalits, 44 per cent of various ethnic communities in the hilly region, and 41 per cent of Muslim households live below the poverty line. Obviously, these figures significantly surpass the national average of 31 per cent, 14 per cent for the Newars and 19 per cent for the Bahuns. As a result, majority of the people lacked the feeling that there exists a state favouring them. The major responsibility of the state is to institutionalise the achievements of the historic Jana Andolan II. The upcoming Interim Plan should be based on the people?s spirit expressed during the Jana Andolan, the declaration of the House of Representatives, various agreements signed on the political fronts, and the directive principles and the policies in the proposed constitution. However, according to a study jointly conducted by the National Planning Commission and UNDP, all MDGs are likely to be achieved by 2015 except the ones concerning Universal Primary Education and HIV/AIDS.

The recent political development has provided numerous opportunities for a brighter future. The settlement of the decade-long conflict has brought the political actors closer, opening the doors towards creating an inclusive political landscape. Moreover, a peaceful political environment, commitment to human rights, good governance and the establishment of a loktantric system of government have been very conducive to attracting foreign assistance both in the form of grants and direct investment. The friendly relationships with the giant economies of India and China, with their historic economic growth rates, can be good marketplaces for Nepalese exports, and, thus, ways to earn foreign currency. Indeed, this has created ample opportunities for Nepal?s rapid economic development and to creating an affluent society. Also, the existing cultural, linguistic and regional diversity, and hardworking people would be Nepal?s true human capital towards making a New Nepal.

Furthermore, the mounting tourism potential, if fully exploited, would be instrumental in earning foreign exchange and creating lots of employment opportunities. Likewise, the physical and social infrastructure, efforts and experiences towards good governance and decentralised system of governance made in the last 50 years have provided a solid basis for rapid development. Now the time has come to proceed with these achievements along with innovative ideas and new dynamics. The upcoming Interim Plan should come up with a long-term vision for creating a prosperous, modern and just Nepal. Indeed, prosperity would offset absolute poverty and ensure social empowerment and easy access to quality services. Similarly, a modern Nepal would bring improvements on the thinking of the people about the social, economic and financial status, ensuring the adoption of appropriate technologies and lifestyles. A just Nepal would bridge the gap between the affluent and poor people, and end the legal, social, economic, ethnic and geographical discrimination. Indeed, this would ensure inclusive development, social justice and good governance.

Human prosperityIn order to realise this long-term vision, the major goal of the Interim Plan should be to reducing poverty and attaining economic and human prosperity through good governance, social justice and inclusive development approaches. Essentially, the major goal of the Interim Plan should be to reduce absolute poverty through the creation of employment opportunities, inclusive growth, reconstruction, rehabilitation and reintegration. The major strategies should touch upon employment-oriented, broad-based and inclusive economic growth; good governance in development works and service delivery; emphasis on rural and urban infrastructure development; and adoption of a socially inclusive development approach. The upcoming meeting of the National Development Council will try to address these issues, and formally recommend the government of the approval of the Interim Plan.

Source: The Rising Nepal, June 25, 2007

Enforcing Life Sustaining Rights

Madhavji Shrestha

Respect for human rights in behaviour and action implies the observance of the fundamental rights of citizens that include economic, social and cultural rights. However, situations prevalent in the developing and underdeveloped societies are not conducive for the much-needed economic, social and cultural rights, despite the fact that a democratic environment enables citizens to enjoy civil and political rights. Economic rights are more significant especially in the want and hunger-afflicted societies than civil and political rights, because the former rights lie at the roots of life that nourish the latter civil and political rights. This realisation is now nudging every political party and civil society to call for the creation of a situation amenable to the genuine observance of the economic, social and cultural rights. There is a bigger demand to make these life-sustaining rights enforceable, just like the civil and political rights.

ConditionsHowever, it is very difficult to keep both civil and political rights alongside the economic, social and cultural rights. In a developing country with a nascent democratisation process, it is not only hard but also looks impossible to enforce these rights. At least, three conditions are responsible for the non-enforcement of these rights. First, the political will on the part of the politicians at the helm has not come forth; second, the ability of the government is highly limited in enforcing such rights, and third, the expectations of the people are ever growing. Of course, other factors like socio-economic stagnation and lack of awareness among the masses are also responsible for the non-fulfilment of the much-needed humanitarian needs.However, the recent development in Nepal, in particular, in the political domain and activities seems encouraging and sounds positive in enforcing the economic, social and cultural rights. Undoubtedly, this is an apparent consequence of the people's movement of April 2006 and the subsequent socio-political events following the democratisation process. Various provisions incorporated in the interim constitution of Nepal promulgated on January 15, 2007 point toward the direction of making the Nepali society egalitarian and democratic. However, their implementation is eagerly awaited as the country now being run by the interim coalition government of the eight political parties of various leanings is facing political and sectarian hurdles. The ability of the current government to deliver the goods is being questioned everywhere, even by the politically non-interested man. They point out to the continued dismal failure of the government to maintain even the primary condition of the law and order, leave alone any noticeable measure ever taken for the upliftment of the socially and economically downtrodden people. Discontent among the common people is fast spreading.

The insertion of the right to employment and other economic, social and cultural facilities as fundamental rights in the interim constitution of Nepal is politically significant, indicating the political parties' willingness to give greater impetus to the welfare and progress of the needy people. This has come about as a consequence of the people's pressure, on the one hand, while, on the other, this has been clearly encouraged and guided by the resolution on the International Covenant on the Economic, Social and Cultural Rights as adopted by the UN in 1966, which was decreed to come into force in 1976. However, to the surprise of all, the provisions contained in this internationally important resolution remains the pious wishes of the United Nations. They also resemble the content of the Directive Principles of the State Policy inserted at the beginning of any progressive and democratic constitution of a nation especially after the end of the Second World War. So in the case of Nepal, the insertion of the progressive economic and social rights in the interim constitution has, thus, given the impression that they are non-implementable and has hardly generated hope for the people.If the politicians at the helm genuinely desire to implement the important provisions of the economic and social rights in a convincing way, they must be resolute with unshakable political will and firm determination to pursue the concerned matter to its hilt. All major political parties, too, must brace up to prod the government to make its capability effective in implementing the provisions. To help realise these rights, due attention needs to be paid to the following propositions in the prevailing Nepali context.

Requisite financial resources can be found within the budgetary management of Nepal. Huge expenditures spent on the military and armed forces and the larger amount of money spent by the government for intelligence purposes are indeed non-productive and in a way hamper socio-economic development. The drastic curtailment of such non-essential expenditures is possible and lies within justifiable parameters. These financial resources, thus, saved could be diverted towards the direction of creating conditions for the observance of economic, social and cultural rights of the people, especially the important rights requiring expenditure from the state coffer.The federal structure as agreed by the eight political parties a few months earlier will naturally become an example of granting the socio-cultural rights to the people of different ethnic origin and various regions of Nepal. However, the federal structure itself will be hardly sufficient to grant the socio-cultural rights unless what the political experts call non-centralisation is maintained both in spirit and letter. The provisions contained therein ought to be put in action not only between the central and state governments but also among various ethnic, religious and linguistic groups living within the state units of the federal system. Among the social and cultural rights, educational, health and ethnic identity-related rights are far more important than any other rights. Specific provisions need to be put in place for the observance of these rights.

Although the UN had passed the resolution on the economic, social and cultural rights four decades ago, the world body has remained passive in forcing the member-states implement the provisions. The UN as a universal organisation commanding respect of the developing countries, in general, should move towards providing convincing schemes and programmes to the needy member-states with assistance from certain funds. It would be even better to link these rights with the much-hyped Millennium Development Goals now in progress worldwide. The UN must be able to stand for reinforcing respect for the economic and social rights of human beings.Moral obligationThe developed democracies also have some important obligations to enforcing these economic and social rights in Nepal. After all, these rights are, in essence, the human rights of the citizens of Nepal. If they are very watchful over the question of human rights, they should, in no way, remain behind in giving the required assistance for the maintenance of these rights.If the election to the constituent assembly, albeit delayed by several months, could be held by mid-November this year satisfactorily, it will certainly come to play an exemplary role in the political history of Nepal. The constituent assembly will be a political organ in ensuring the observance of the economic, social and cultural rights.

Source: The Rising Nepal, June 25, 2007

Bandarmude

The members of the eight party alliance, the general public, the international community, and everybody who is concerned about the deteriorating situation in Nepal have gone hoarse demanding that Maoists respect the rule of law and stop taking the law into their own hands. Instead of abating the spree of violence and highhandedness, the Maoists have been emboldened by the apathy and ineptitude of the government to maintain the security situation in the country. The height of highhandedness has been exposed recently when the Maoists' youth wing Young Communist League (YCL) threatened to kill the people who were injured in the worst-ever killing of innocent people by the Maoists during the insurgency, at Bandarmude of Madi Chitwan on June 6, 2005 in an orchestrated landmine blast: 39 people were killed and 72 were injured.

The threat to Madi victims came for their nine-point demand and also for the dispute about the memorial to be erected. The chairman of the Victims Committee Mukti Neupane, vice chairman Krishna Adhikari and two members Sudeep Niure and Shyam Bista have been threatened with death by Maoist cadres for their strong voice against the Maoists, and the demand for compensation and medical treatment among others. The issue of mentioning the Maoists, as being responsible for the incident, in the plaque of the memorial that is being planned to be erected at the blast site has also created a rift between blast victims and local Maoist leaders. The Maoists, as reported, are creating the scene just to avoid mention of their party's name as the culprits for the blast. The cause of the blast is a crucial issue, so without mentioning the name of the perpetrators, there would be no point erecting a memorial.

The Maoists could have utilized Bandarmude as an example of their changed attitude. Instead, they used the issue to prove that the party has not given up threats and violence to terrorize people and suppress voices against them. The YCL cadres have even threatened victims not to contact journalists, which is an example of their unchanged attitude. Even CPN-UML general secretary Madhav Nepal -- who has been talking of a left alliance -- has been compelled to mention that YCL atrocities against hapless people are actually worse than reported. Nepal has come to the conclusion after visiting different districts. And we believe he is right. It is high time Maoists took the complaints against them seriously, and changed their attitude and behavior. The top leadership is turning a deaf ear to the complaints because they think otherwise the party dissenters would win over the violence-loving cadres. However, the Post strongly believes that if they can convince the cadres to behave well, they could become popular and would be able to erase the negative image of their past.

Source: The Kathmandu Post, June 25, 2007