Maoist intransigence: A time of national reckoning

Ajit NS Thapa

In order to reach a consensus on the two resolutions passed by the special session of the House — that of working effectively towards making the State a republic and the adoption of a fully proportional representation (PR) system to elect members of the Constituent Assembly (CA), the house took a ten-day recess. These resolutions are in contrast to the Interim Constitution (IC), which provides for a mixed system whereby 240 members would be elected through direct representation (first-past-the post), 240 through proportional system (PR) and the fate of the monarchy would be decided by the first meeting of CA.

In fact, the resolution passed by the House was spearheaded by the Maoists as a follow up of the demands made by them just two months prior to Nov. 22. They demanded that the House declare a republic and the CA members be elected on full PR basis. The Maoists made this a pre-condition for their participation in the Nov. polls and this forced the government to postpone the election indefinitely. The Nepali Congress (NC), which currently leads the coalition, is opposed to the Maoist demand and is in favour of sticking to the provisions of IC.

After the overthrow of King Gyanendra’s authoritarian regime some 18 months ago, Nepalis expected that the nation would have durable peace. Free and fair polls would be conducted which would provide a stable government that would usher in an era of peace, security, good governance and development. Unfortunately, delivery has been far short of expectations. In spite of the signing of the Comprehensive Peace Agreement (CPA), among other accords, the Maoists have not kept their commitment to democratic norms and rule of law. If this was not bad enough, the nation is traumatised by the increasing incidence of violence in the Tarai.

Even Home Ministry’s activities seem to be confined to making promises of improving security in the future, doling out relief to the families of the victims, and declaring on an ad hoc basis martyrs under pressure from political groups. The deteriorating law and order situation in the Tarai which has been caused both by politically and criminally oriented groups has cast grave doubts on our capability to govern ourselves and to remain a integrated nation. The situation in the Tarai has been further compounded by the split in the Nepal Sadbhavana Party (NSP) and the Madhesi Janaadhikar Forum (MJF).

The latest revelation by the Maoist supremo Prachanda regarding his party’s ideology has further blurred the future political landscape. Prachanda recently stated that he had no faith in parliamentary democracy since it only took account of the majority. He also did not approve of the republican system that prevailed in the US, India,Russia and China. He asserted that he believed in competitive politics that worked on consensus. It would be helpful if he were to define his concepts more clearly. Prachanda’s latest stand that durable peace is more important than holding CA election has merit but the question that follows is: Can durable peace be attained only if the other political parties were to follow the Maoist line?In order to arrest the deteriorating state of the nation and put it on the road to stability and peace we need to ask ourselves certain fundamental questions: Do we wish to survive as a sovereign and independent nation? What kind of state restructuring and federalism will protect our sovereignty, independence and unity? Should the Interim Parliament (whose main responsibility is to hold the CA election) have the authority to declare Nepal a Republic or should it be the will of the sovereign people? If law and order is the priority of the government, why is it hesitant to mobilise its security apparatus to improve the law and order situation? Would the nation be happy if it were to land with another form of dictatorship (of the proletariat) in place of the authoritarian rule that prevailed in the past?

The SPA’s inability to hold the CA election has eroded its credibility and legitimacy in the eyes of the nation and the entire international community. The SPA, to redeem its image and to provide a modicum of relief to the people, needs to find a solution to the current impasse and announce the date for the CA polls. In line with this, it should adopt mixed member representation (MMR) which combines the merit of a mixed system (as outlined in the IC) and full PR would replace the demand for full proportional representation as passed by the special session.If a consensus cannot be reached regarding these two issues, the SPA should unanimously agree to hold a national political conference with the participation of all stakeholders to determine the future direction of the nation. It would be a great injustice to the people and the nation if our political leaders did not to rise to the occasion and free the nation fromindecision.

Source: The Himalayan Times, November 27, 2007

The Carter Proposal: 70 % Proportional, 30% Direct on CA Election

Declare Republic only to be approved by CA

Compromise Proposal for Nepal

Submitted to Prime Minister and other leaders by Former U.S. President Jimmy Carter on 24 November 2007

After having met with as many political leaders and private citizens as possible, I find it obvious that serious obstacles remain to a successful resolution of the present debate that can lead to a Constituent Assembly and a national constitution. There is considerable distrust among the parties, with some believing that the Nepali Congress party is excessively interested in preserving its current position and others doubting the willingness of the Maoists to go to elections.
Realizing that a final agreement will have to be made by consensus of the parliamentarians, I would like to make a proposal, obviously to be modified through further discussion and debate:

MONARCHY TO A REPUBLIC:

The interim parliament can declare with an overwhelming vote that a republic is created in Nepal, to be confirmed by a simple majority of the newly elected members of the Constituent Assembly as their first order of business when the Assembly convenes. This will be a strong incentivefor all political parties to consummate a successful election.

ELECTORAL SYSTEM:

Subject to future changes under a new constitution that will shape a permanent government, the present stalemate can be ended by allotting 70% of the Constituent Assembly seats by proportional representation and 30% by “first past the post.” In addition, eight seats can be allotted to each of the three major political parties and one each to the minor parties.
A time-limited round-table discussion on any final agreement should include representatives of the marginalized groups, since they will be deeply affected by the decision.

PREVIOUS AGREEMENTS:

It is crucial that previous agreements be implemented vigorously, since they are integrally related to the building of adequate trust and confidence necessary for future relations.
These should include:
Cantonment payments, living conditions, and discharge of minors and other unauthorized persons;
Land return, aided by the establishment of a blue-ribbon land commission;
Cessation of Maoist and YCL violence and intimidation;
Status of disappeared people;
Compensation of war victims;
Implementation of agreements with Madhesis and Janajatis;
Security sector reform and integration of the PLA; and
Increased support and supervision of police in the Terai and in other regions where law and order is threatened.
The general public should be kept fully informed about progress on all these issues.

Analyzing the Maoist Concept Paper

Analysis of the Maoist Concept Paper: Legitimacy of Interim government, Interim Parliament and Peace Accord Ended

Conflict Study CenterContributed by: Bishnu Pathak, PhD and Chitra Niraula

The following is the unofficial translation of the first-ever Concept Paper, after initiation of the Peace Process, prepared by CPN (Maoist) Supremo Prachanda and presented by Dr. Baburam Bhattarai on Nov 16, 2007 to the Political Parties, Civil Society and Media:

Preamble of the Paper

The serious impediments to peace process and political advancement of Nepal have been accepted by all quarters. The 12-point Understanding between the Seven Party Alliance (SPA) and CPN (Maoists) or (SPAM) was concluded on Nov 22, 2005 for democracy, peace and advancement. The political journey ventured through Peace Accord, Interim Constitution (IC), Interim Parliament (IP) and Interim Government (IG) and fell into peril, consequently the agenda on Constituent Assembly (CA) election, establishment of Federal Republic, and the forward looking economic and social transformation that has been agreed by both parties have not been implemented. This has ensnared the entire peace process towards impasse. The present critical situation calls to review all the earlier peace agreements and conclude new political unity based on new grounds.

Overview

A. The 19-day long Popular Movement resulting from the unity of the Maoists, who had been waging ‘People’s War’ against feudalism and monarchy since 11 years, and the SPA, waging peaceful movement against the absolute monarchy, based on the 12-point Understanding ousted the king from power. The constitutional parties went against the 12-point Understanding and merely took up restoration of Parliament and pushed aside all the other agendas, diverting the establishment of republic away from the doorstep.

B. After some hustles with the SPA, on June 16, 2006, the 8-point Agreement was concluded for democracy, peace and advancement. Again passing through ups and downs, on Oct 8, 2006 a political consensus was reached with the SPA. On Nov 21, 2006, the Comprehensive Peace Accord (CPA) was signed with the government and the confinement of the People’s Liberation Army (PLA) and the government army into cantonments and barracks, respectively took off. The IC was proclaimed by the IP on Jan 15, 2007. The conflict management and political advancement, absolutely through the internal efforts, without any outside involvement, is a unique model for the world.

C. CA election on mid-June 2007 was the focused purpose of the Understandings and Agreements along with the IP and IC. The violent and destructive movement in Madhes, through forces that were not in existence prior to signing of the accord, were intentionally designed and instigated by the reactionary royalist, domestic and foreign forces to disrupt the peace process including CA election. The Gaur massacre was the climax of the counter-revolutionary forces.

D. Reacting against the counter-revolution, Maoists entered into the government on March 31, 2007 expressing its solemn commitment to the peace process. The CA election was dramatically deferred. The Maoists declared the deferral of the CA polls on schedule as a violation of the peace process through a note of dissent in a high-level meeting of SPAM. Maoists forwarded the 22-point preconditions because of the deferral of the CA polls, the conclusion of which is CA can not be confirmed until the monarchy exists and is meaningless unless full proportional electoral system is adopted. Maoists resigned from the IG on Sept 18, 2007 because these two preconditions were not met.

E. On Nov 4, 2007 the Special Session of the IP on the motion of Urgent Public Importance by a simple majority passed the federal republic and proportional electoral system, which has placed the ball in the Nepali Congress’s court.

Identification of the Key Problem

A. There exist serious problems regarding the viewpoint of Maoists and SPA on peace process and political events. Although there are grave differences, SPAM has agreed to declare federal republic, which is the essence of all the Understandings and Agreements, IC and IP, and the Minimum Common Program. All these documents include the clause ‘forward looking restructuration of the state to address the problems relating to classes, ethnicities/castes, regions and gender’, and that is the commitment of both the parties to create a new political mainstream. The status quest outlook of NC is the hinderance to the political impasse.

B. The political Agreements and Understandings will not be implemented until the unitary state power, security mechanism, bureaucracy, socio-economic dynamism supporting the monarchist and feudalist system exists. The incapable leadership of NC is the principal element of political impasse.

C. The special geo-political situation of Nepal has invited the foul play and involvement of foreign power-centers. The evidence is the Madhes incidents after signing of the Peace Accord. The issue of serious concern is the lack of national unity and understanding of the political parties when the sovereignty and geographical integrity of the country is in grave danger.

D. The lack of stringent implementation of the provision of conflict management in the peace process and widening the gap between the conflicting parties are the principal problems. The poor management and care of the PLA, lack of minimum compensation to the Martyr’s families, investigation of the disappearances, are the clear challenges of the peace process.

E. Another obstacle is lack of understanding by the political parties that restructuration of the State is the restructuration of the security sector.

F. Non-participation of various ethnic and regional liberation fronts, people’s representatives, civil agitators in the peace process and political consensus resulted in the increase of violent incidents like Madhes. Another factor is the hegemony of the NC in power division in the IG. Lack of the programs affecting directly to and bringing positive change in the lives of the people during the interim period is another aspect of the problem.

Road map

There are two aspects to peace process: politico-ideology and procedural.

Politico-ideology:

• High-level dialogue to minimize the differences for creation of a new political mainstream, recognizing the differences between the parliamentarian parties and Maoists, and realization of the essence of the peace agreement by both;
• Re-commitment of both the parties to establish federal democratic republic abolishing feudalism and monarchy;
• Resolution to National Unity for promotion and protection of Independence, Sovereignty and Geographical Integrity;
• Build common understanding on proclamation of republic and CA election to be held as early as possible;
• Build consensus through a serious dialogue of the concerned actors on a uniform model of the proportionate electoral system;
• Restructuration of the security sector through democratization of Nepalese army and integration of the PLA; and
• Socio-economic transformation policies, based on peace accord and IC, to be implemented stringently.

Procedural:

• Formation of a High-Level Task Force consisting of both the sides to review the contents and implementation and recommend amendments and/or revision to all the Agreements and Understandings;
• An extensive political conference of democratic political forces like castes, ethnicities, regions, madhes, women, dalit, muslim, minorities, professionals, civil society representatives to end the political impasse;
• If necessary, effort to change the government leadership also to maintain the unity between the peace process and political parties;
• Rigorous implementation of the resolutions of the IP on republic and proportionate electoral system;
• A State Restructuration Commission to Management and care of PLA, distribution of compensation to Martyr’s families, and treatment to wounded, a High-Level Commission to investigate to the disappearances, a Land Related Commission and Corruption Investigation Commission as per the 22-point preconditions forwarded by Maoists;
• Dissolution of the one-sided Peace and Reconstruction Ministry and formation of a powerful Peace and Reconstruction Commission;
• Reformation of IG through re-division of power and responsibility in a new way; and operate the government based on the minimum common program; and
• Build political consensus and environment conducive to mutual-confidence prior to declaring new date for CA election, and the State and all the political forces to be unified to execute it.

Analysis of the Concept Paper and Conclusion

Part three of the CPA has 13 points dealing with the letter and spirit of the conflict management. The first one covers political, social and economic transformation, but nothing of substance has been done. Similarly, the second states to conduct CA polls by mid-June 2007 in a free and fair environment, but the date was postponed affecting the sovereign rights of Nepali citizens. At first, the date was deferred for two weeks. As Maoists joined the IP and then IG, the Election Commission (EC) declared it not possible to hold the election because it would require at least 110 days preparing the election. The statement was made by the EC instead of the PM or the government, and was under fire from all quarters.

Maoists alleged that the domestic and foreign forces played behind the postponment fearing they would win. It also wrote the note of dissent in the High-Level Meeting, but agreed to hold election on Nov 22. The government deferred the date of the election three times without an excuse to the people nor did it resign based on morality. The third point deals with seizing and transferring the property of the late King Birendra and family to a Trust, which is partially fulfilled. Similarly, the property of King Gyanendra kept foreign banks on abroad clandestinely and those transferred from Birendra have not been made public. The property hukum baks (granted) to the persons for nepotism and favoritism during the regime of Tribhuvan, Mahendra and Birendra is not known.

The fourth tackles the respect of human rights, competitive democratic system, sovereignty inherent in Nepalis, constitutional balance and control, rule of law, social justice and equality, etc. but people’s right to life, liberty and security are violated day in and day out. The INSEC, local human rights organization, reports that 234 people were killed, of which 12% and 9% were attributed to the government and the Maoists respectively in the one-year tenure of Peace Accord. Similarly, the Maoists abducted 64% of persons out of 772 cases in the last year. In the Central region only (10 districts of Madhes), 82 persons have been killed within the six month period. In a year period, 41% Nepal suffered from either general strikes or valley strikes, regional strikes and district strikes.

The fifth consists of ending the unitary and centralized structure of State, which continues until date and lacks federal and inclusive character. The State restructuration process based on class, caste, sex, language and regionalism has not been initiated. The sixth stipulates to end all kinds of feudalism by developing minimum common program, but nothing has been done. The seventh deals with ending feudal land ownership and executing scientific land reform, which has not taken a step ahead. The eighth one relates to promoting national industries; is it not due to this that many industries are being closed and quite a few joint venture companies are quitting? The ninth point deals with citizen’s rights to education, health, housing, employment and food security. Nothing has been done to achieve these, even during the Dashain Festival the people in the Mountain regions had no food to eat. The tenth point states economic and social security for the disadvantaged groups, which has remained in paper. The eleventh one states to meet strong action against corrupt individuals, which has remained hypothetical, because the main alleged culprits are still in power in government, bureaucracy and so on. The twelfth one calls for creating a common development concept for the nation’s economic and social transformation. The thirteenth deals in employment and professional rights.

Part 4 deals with Arms and Armies Management. UNMIN is conducting second round verification of Maoist PLA confined in the cantonments, but progress is in snail motion. Nothing, not even policy development, has been implemented towards democratization of the Nepalese Army and integration of both the armies into a National Army. It was decided to provide the facilities to Maoist PLA equal to the Nepal Army, but they received the allowance for only four months during the one-year period.

The part 5 consisting of demising through neutralizing and eliminating the mines within 60 days has only been tried as a model, the rest are as they are. It also deals with the Cease Fire Monitoring Committee that remains in the document only. Similarly, it has stopped the practice of forced extortion and taxes (cash and kind) against law, which has not stopped. In recent months, there has been a frequent report of extortion from both local and foreign groups, although the Maoists claimed voluntary contribution. It also states to release the cadres from custody within 15 days of the signing of the accord, to which only high-level leaders were released and many still remain to be released. The government has not taken any steps to get the one and a half dozen Maoist cadres imprisoned in Uttar Pradesh, India. It also states to declare or notify the families the whereabouts of the disappeared within 60 days, but no one has been declared or notified yet. On the issue of rehabilitation and relief to the victims of war, it calls for forming of a National Peace and Rehabilitation Commission, which has been established in name but is defunct. A high-level Truth and Reconciliation Commission was targeted to be formed to address grave human rights violations and abuses during the armed conflict, but in vain. The pledge to reestablish the development infrastructures destroyed and respectfully rehabilitate the displaced people during the war has merely taken tortoise steps.

Maoists are pressuring towards immediate implementation of the federal structure of governance and full proportionate electoral system (resolved by the IP by simple majority). The NC not only has caste vote against these agenda in the Special Session of the IP, but also meetings of NC’s Central Committee and Parliamentary Committee declined to implement the directive of the IP. The resolution requires 2/3 majority in the IP to revise the IC. Some pro-monarchial individuals of NC stated that they would go against the party whip to caste vote for the revision. Maoist leaders have declared to change the government leadership through the streets saying budho goru le gai ogatnu mildaina (remove the old bull overtaking the cow). The gap between the two sides is ever-widening and reaching critical point - initiating political cyclone ‘segregation of the conflict state III’, which indicates messing of the CA polls. The Maoists have given top priority to declaration of a republic rather than CA polls.

Briefly, only 10% letter and spirit of 10-point peace accord has been implemented, which resulted a huge level of frustration in all tiers. More frustration is found in the Maoists activists due to leaders have started to lead luxury lives spending most of the time in Kathmandu and other urban centers. Activists are living with very poor conditions with limited resources and contact with leaderships. Such frustration is leading to more abduction to the opponents often owing to personal retribution rather than wider political motive. On the other side, as they are receiving an enormous pressure to resume people’s court (kangaroo court) and people’s government - ‘parallel government in district and local levels’ similar to before peace accord. Reestablishment of these have in some cases already begun.

Indeed, the political crisis and uncertainty at the central level, has given some Maoist sectors fertile grounds to recommence them. Dr. Baburam publicly stated that if the House Directives could not be implemented, they would form parallel government both horizontally and vertically with haste, that finally opens the ground of urban warfare or people’s agitation backed by the PLA leaving their cantonments. If such happened, the violent, non-violent and criminal groups would be fleeing to India for their secure terrain, effecting the security situation of India. The nation shall lose its opportunity to materialize the peace process through the people’s fresh mandate. At this instance, the nation and people in general would be defeated again and only the weapons traffickers, traders and manufacturers, opportunists and conformist leaders and pro-monarchial forces would benefit.

November 22, 2007 is the date set for the CA election. As the election could not be conducted on the scheduled date, the legitimacy of the IG, IP, constitution and peace accord have failed. Nepali Congress (NC) Mahesh Acharya says, “All three parties – the state, the Maoists and the UNMIN, involved in the ongoing peace process failed to play the desired role for effective implementation of the CPA.”

In this condition, there is a big question mark to zeal and zest of people for peace, security, development and forward-looking change, just as Professor Johan Galtung writes: “Where nothing has been solved the violence will recur, after some time.”

Nepal: First successful revolution of the century

Theo Russell

COMRADE C P Gujral, International Secretary of the Communist Party of Nepal (Maoist), addressed a highly successful meeting in London last week organised by the Britain South Asian Solidarity Forum.Gujral gave a detailed analysis of the CPN(M)’s strategy as Nepal enters a decisive phase. The enemy, he said, was no longer the monarchy, but “US imperialism”.“Actually we are now fighting US imperialism. The fight against the monarchy is almost finished. Even if we achieve the Nepalese revolution, imperialism will not allow it to be sustained.”“Following last year’s mass uprising, an agreement was reached by the Seven Party Alliance (SPA), which included the UML (Communist Party of Nepal/United Marxist-Leninist), and the CPN(M), for an interim parliament and government to prepare elections for a new constituent assembly.“The US was opposed to this process as it contradicted the interests of US imperialism. When it was agreed that the CPN(M) would enter the interim parliament with 82 members, the US threatened to stop all assistance to Nepal.

“When the CPN(M) entered the interim government the US threatened to ask its allies to impose economic sanctions on Nepal. But the United States’ policy met with total failure.”Elections for a new parliament were set for June this year, but were postponed by the Election Commission for technical reasons, and since then they have been postponed again twice.Meanwhile arms and money have flowed into the southern Terrai region to promote ethnic conflict and violence.Gujral said the US had prepared two “ambushes” against the CPN(M). “The first was for the CPN(M) to lose the elections, and if it didn’t accept this, they, and any mass movement supporting them, would be declared as ‘terrorists’.

“The second was that if the CPN(M) won the elections, the US had prepared contras – the Terrais – and would claim that the elections were rigged by the CPN(M) and that these forces were fighting for ‘democracy’.“The CPN(M) saw these two threats to be trapped and killed, but the CPN(M) was also working out how to win the revolution.”In August the CPN(M) leadership adopted a strategy of a mass mobilisation, recognising a “serious mistake” was made in agreeing that only a new government could declare a republic, “when it should have been declared before the elections.”The Maoists “made a clear demand for a republic backed by a mass movement and decided to withdraw from the government and to refuse to participate in or allow the elections.”In September a CPN(M) motion to the interim parliament to declare a republic was carried with the UML’s support.“The CPN(M) is now saying they will oust the Nepali Congress from the government via a mass movement, and a new government should be formed,” Gujral said. “This would make the US very angry as it opposes any CPN(M) participation in the government.“The CPN(M) knows that if it becomes the head of the government the US will not tolerate this. Thus the CPN(M) has asked the UML to take power.

“US imperialism and Indian expansionism are opposed to this strategy, and would not tolerate a revolutionary government. So the next stage will definitely be very difficult.“The US is not interested in Nepal’s resources or in economic control, but is afraid of the worldwide impact of the revolution in Nepal. People are looking to the Nepali revolution, because it would set a precedent for revolution for the oppressed, exploited and struggling people of the world.“There is also a growing Maoist movement in India, and the Indian ruling class is very afraid of the success of the Nepali revolution and is ready to take any action.“So the situation is heading towards a climax. It is very difficult to predict what will happen in the next weeks or months. It is a life or death struggle we are working out in Nepal, and the situation is very serious, so at this time we think international support is very important.“We are preparing our people for the worst eventuality of foreign intervention.”

Gujral said Britain is supporting the peace process and there was an apparent diversion between British and US policy, and reported important developments in the CPN(M)’s relations with China.“The CPN(M) has established relations with China, and the Chinese embassy in Kathmandu has issued a statement saying that China would not tolerate any interference in Nepal, including by India.”This announcement followed “rigorous discussions” between a senior official of the Communist Party of China’s international department, Professor Wang. In an interview Wang said that if the US or India attempted to intervene in various ways in Nepal, China would not tolerate such actions if a certain limit was exceeded.Gujral concluded by saying: “We are confident that we will eventually see the success of the revolution in Nepal, the first successful people’s revolution of the 21st century.”

Source: London Communist, November 22, 2007

Maoist use of ethnic groups complicates Nepal's peace

Nov 21, 2007, 11:11 GMT

Kathmandu - The end of 11 years of a Maoist insurgency in Nepal has given rise to growing violence blamed on ethnic groups demanding a greater say in the country's political and economic decisions, often resulting in political losses for the former rebels.

Until recently, the ethnic groups had largely remained silent, but the Maoist insurgency brought them to the forefront.
'The Maoists systematically used ethnic groups that were largely ignored by the ruling elites by offering them a share of governance in areas they controlled during the insurgency,' said political analyst Sudhir Sharma, who closely followed the Maoist conflict. 'In exchange, the ethnic groups provided the rebels with manpower to fight government forces.'
But with the Maoists being bogged down in political intricacies in Kathmandu since they signed a peace agreement a year ago with the government, ethnic groups have gone ahead to pursue their own interests, aided by a lax security system across the country, Sharma said.

In the months since the signing of the November 21 peace deal, many of the Maoist-aligned ethnic groups have fallen out with the mother party and others have been in open confrontation with it.
The resulting political losses have virtually wiped out the Maoists' influence in many areas of southern Nepal, and with half of the country's 28 million people living on the plains there, the region dominated by ethnic Madhesi communities is extremely importantly in terms of votes.
The Maoists have tried to counter the loss of their political influence by labelling the ethnic groups in southern Nepal as being nothing more than criminal groups out to terrorize the people.
Such labels have raised amusement among political analysts who pointed out that many of the ethnic groups are carrying out exactly what they were taught by the Maoists.
The southern region has seen a proliferation of armed groups, strikes, demonstrations and violence. Weeks of protests and clashes at the beginning of the year left dozens dead.
'The Maoists feel ethnic groups, especially in southern Nepal, have taken up the cause they fought for and in the process have rendered them without an agenda for the people there,' political analyst Bipin Kharel said.
In September when Maoists decided to organize a roundtable conference' to build support for their demands for immediately abolishing the monarchy and reforming the electoral system, the ethnic groups decided to stay away, resulting in the shelving of the conference.
It was an embarrassment for the Maoists, who during their insurgency championed ethnic rights.

'They are nothing but a criminal group who have hijacked our agendas for ethnic groups,' Maoist leader Prachanda told reporters earlier this year, referring to the Madhesi People's Rights Forum, which was involved in the violent protests this year.
The demands raised by the group for proportional representation in the electoral system, according to the Maoists, is something they have campaign for all along.
In April, violent clashes between cadres of the two groups resulted in the deaths of 29 Maoist activists. It was the final nail in the coffin for Maoist influence in southern and south-eastern Nepal.
Since the peace deal, demands by dozens of ethnic groups have mushroomed across the country, including demands for autonomy, a federal structure of government and the right to self-determination.
The Maoist attempts to wrestle back influence appear to have made little impact and was possibly one of the reasons why they demanded full proportional representation in elections to chose an assembly to draw up a new constitution, political analysts said.
Their gamble backfired when coalition members rejected the demands, which led to the Maoists quitting the government in September and the indefinite postponement of the elections.
'Such conflicts during the interim period is natural and is the result of years of repression of these groups,' Lok Raj Baral, a political scientist, said, 'but the government must act either to address the problem or take action to find out if the groups really do have criminal ties.'
The resolution to the ethnic conflicts is necessary to ensure Nepal's peace process remains on track. Without resolving the problems, elections, a key part of Nepal's peace process, cannot take place and that could threaten stability in the country, analysts said.

Source: News Monster, November 21, 2007

Expanding UNSC: Integral Part Of UN Reform

Hira Bahadur Thapa

For years, the issue of reform ing the United Nations has been on the agenda before the General Assembly. Not surprisingly, the same item is being debated though with greater momentum at the current 62nd session of the United Nations General Assembly (UNGA). Following the submission of the report of the Security Council to the UNGA in recent weeks in New York, the international community's attention has again been drawn to the item of expanding the council. NegotiationsExpanding the UN Security Council has occupied a major part of the debates in the UN headquarters since 1994. The UN membership decided back in 1993 to establish an Open Ended Working Group on the Question of Equitable Representation on an Increase on the Council's Membership. That group has been working on this matter since January 1994. Despite 14 years of on-going negotiations among the UN members, no tangible results have been achieved on the subject.It has been the practice with the world body to consume plenty of time to come to a conclusion on an issue to which is attached great importance. Reform of the United Nations is something that concerns each and every member of the international organisation. There are 192 sovereign member states in the United Nations at the moment. Therefore, reaching a consensus on a subject like this is really a formidable job requiring perseverance and flexibility from the stakeholders. Reform itself is an issue that involves a comprehensive approach. It cannot be limited to certain areas because reform is intended to bring about changes in the working of the organisation. A reformed institution or an organisation should have its capacity enhanced so as to be able to deliver better results. With this reality very much under consideration, the entire membership of the United Nations has been engaged in fruitful negotiations for more than a decade to arrive at an acceptable formula. No doubt about the fact that the world body has gained some success in putting the reform plans in place. We have seen changes in the structure of the body in streamlining the functioning of the institution. Various departments have been amalgamated sometimes while new ones have been created to cope with the present realities. The UN has been frequently accused of employing a bloated bureaucracy. The member states have time and again stressed on the professional integrity and competence of its officials and staff members. In line with the directives given by its members, the UN has strived to reform to achieve higher efficiency in managing its manpower. It has simultaneously made sincere efforts to improve its image in terms of financial dealings. The example of bringing those financial culprits to book who were found guilty in cases related to the Oil for Food Programme in Iraq illustrates the UN's endeavours to curb corruption.No issue has become more contentious than the one concerning the expansion of the UN Security Council. It is clearly evidenced by the stretched negotiations among the members of the organisation. The question of reforming the Security Council is not confined to increasing its size. It includes the subject of improving the working methods also where, perhaps, the member states have lesser grievances to be addressed. In terms of conducting an open debate on issues of multilateral concern, like the recruitment of child soldiers, the Council has made some improvement. Its emphasis on greater transparency has been recognised as a positive step towards improving its working methods. It is equally important to note that the working methods of the Security Council are always inseparable from its composition. One without the other carries no significance.Looking at the long drawn out negotiations for almost a decade and a half, one can lose patience and observe that expansion of the size of the Council is a never materialising dream. This is certainly a negative picture of the efforts put in by the UN membership. It is because it took 18 years from 1945, the time of the UN's inception, till 1963 to increase the non-permanent membership of the Security Council. Initially there were 11 members - both permanent and non-permanent - and they rose to 15, following the UN Charter Amendment. Therefore, everyone should be aware of the complexity involved in the subject. It is not going to be an easy affair as there are many aspirants not only for non-permanent seats but also for permanent ones.It is in the category of permanent members where the members find it hard to crack the hard nut. Obviously, permanent membership is always sought after as it provides exclusive veto power. By using such a veto, they are in a position to block any resolution that they find objectionable to them. There is a dilemma as to whether they should limit the size of the reshaped Council or compromise on its effectiveness. All agree that the enlarged Council needs to be small to be quick and efficient and large enough to be effective and desirable. Some of the aspiring members have stated during the recent debate on the issue of Security Council reform that the Council's effectiveness will be compromised if changes are not made in its size. They have a point as the Security Council's present composition still represents the Cold War realities. It is high time that the members narrowed their differences and worked towards creating a constructive atmosphere to raise the bar of mutual trust.Here, it would be interesting to note down the recommendations contained in a new report prepared by the facilitators for Security Council reform who were tasked by the 61st GA President. That report seeks to focus on five major points for building on the progress achieved so far on the subject. These are, namely, categories of membership, the question of veto, question of regional representation, size of the enlarged council and the working methods of the council and the relationship between it and the General Assembly. Political structureVisible progress can be made only when the members are prepared to agree on these points and, thus, pave the way for intergovernmental negotiations. Since the expansion of the council in both categories is essential to get rid of the political structure that rested on the balance of power of the 1940s, Nepal has been favouring a position that fully takes this reality into account.

Source: The Rising Nepal, November 27, 2007

Rebuilding The State

The Ministry of Peace and Reconstruction has unveiled projects to accelerate the process of rebuilding infrastructure and assets destroyed during the conflict. The post-conflict reconstruction projects to be executed in three years include a larger gamut of schemes aimed at enhancing peace and reconciliation, institutional strengthening for democracy and promoting self-help enterprises to generate jobs for those affected by the conflict. The ministry has rightly come up with a package of schemes and programmes that are directed at reconstructing the Nepali state which was severely hit by the conflict during the past 10 years. The impact of the conflict was acute and multidimensional. In the decade-long conflict, physical infrastructure worth billions of rupees, including telecommunication towers, bridges, office buildings and historic monuments, was destroyed. More consequential and far-reaching damage was done to the state institutions at different levels. The elections to the national parliament and local bodies were halted because of the conflict. The national bureaucracy was hit and its capacity to function and deliver services was severely weakened and retarded. The destruction of the local government institutions, including village development committees, municipalities and district development committees, was severe, and this impeded the process for providing services to the people. The damage done to national institutions does have a long-term impact than the destruction caused to the physical assets and infrastructure. The post-conflict reconstruction design, presented on behalf of the government, has its focus on different areas, including rebuilding the hardware and software of the Nepali state. This should be appreciated. The government should accelerate the process of reconstruction and rehabilitation by mobilising both national and international resources. Since the international community is all willing to extend support in rebuilding the Nepali state, the political parties are under an obligation to create an environment so that resources can be mobilised to repair and rehabilitate infrastructure damaged and destroyed during the conflict. The priority should, therefore, go to maintaining and strengthening political stability by providing momentum to peace building and the democratisation process in the country. It is in this respect that the political stakeholders should demonstrate their commitment and fulfil the aspirations of the people with regard to peace and democracy.

Source: The Rising Nepal, November 27, 2007

Indian cops free pro- Maoist demonstrators after 27 hrs

NEW DELHI, Nov 20 - The Haryana state police in India Tuesday afternoon freed 18 members of the Maoist affiliated Jan Adhikar Surakshya Samiti (JASS), including its chief T. P. Pathak, who were arrested on Monday night.
When the JASS activists were staging sit-ins and corner meetings in different parts of India demanding the immediate implementation of the motions passed by Nepal’s interim parliament seeking an immediate arrangement for a republic and a fully proportional representation system for CA elections, they were arrested.
When the agitators were going for dinner after the meeting, they were arrested by the police who came from Jind of Haryana, said Chairman of Delhi committee of the JASS, K P Pun.
They were under the custody of Jind district police.
“(The Indian police said) you are Nepali Maoists. Why did you hold a meeting here and what did you plan in the meeting,” Pathak Kantipur after his release after almost 27-hour detention. “They have freed us after registering our details. They have said that we could be re-arrested any time.”
Pathak added that the Indian police even confiscated their cell phone sets.
He further said that one of the Indian police officer told them that they were arrested following an order from the “higher-up” authority.
The JASS has been organising various campaigns in different parts of India to press for the enforcement of the motions in Nepal.

Source: The Kathmandu Post, November 20, 2007