Civil Society For Polls

MEMBERS of the civil society and professional groups have been constantly demanding that the date for the constituent assembly be announced, as it was one of the main mandates of Jana Andolan II. In this connection, civil society members staged a sit-in to exert pressure on the government to announce the date for the election. Constant pressure and vigil from the people and civil society are necessary so that the government is reminded of its promises and people's mandate. Such vigil and pressure from the people are necessary to maintain checks and balances in a democracy. Now the sole priority of the nation is the election to a constituent assembly, which will write a new constitution. This is a historic process through which the people's elected representatives write the constitution and determine their destiny. The eight political parties and the government are also determined to hold the election to a constituent assembly in November this year. For this, necessary preparation has already been initiated. The interim constitution has to be amended as it was earlier written in the interim constitution that the constituent assembly election would be held by mid-June 2007. As this election cannot be held by mid-June 2007, the constitutional provision has to be amended. The government has, thus, registered a proposal for the amendment of the constitution. Secondly, necessary laws for the constituent assembly election are being prepared.

These laws are under discussion in the interim parliament. Once the constitution is amended and laws are formulated, the government would formally announce the dates for the election to a constituent assembly in due consultation with the Election Commission. These developments have shown that the government is serious about holding the constituent assembly election about which Prime Minister Girija Prasad Koirala has time and again expressed a clear commitment. But there are several things that have to be done to ensure free and fair elections. Laws and announcement of election dates alone will not ensure free and fair election. The first and foremost requirement for a free, fair and fearless election is law and order. But the law and order situation does not appear perfect as some groups and elements are openly flouting laws and trying to create chaos in the country. Unless such offensive activities are totally checked, people cannot vote without fear. Thus, the government must ensure strict law and order, and those who try to take the law in their hand must be punished. This would alone create a conducive atmosphere for a free, fair and fearless election. The political parties and civil society should also co-operate in maintaining security along with the pressure for announcing the dates for the elections.

Source: The Rising Nepal, June 8, 2007

The rise of a party

MALLIKA ARYAL

In 1997, a group of madhesi intellectuals and students banded together to discuss their concerns and issues. There was no formal membership in this Biratnagar-based group and participants included leftists and members of other mainstream parties. The common denominator was their disenchantment with the big parties and the sense that their debates were largely ignored. The Madhesi Janadhikar Forum soon emerged as the most-respected, representative platform for madhesi issues. In the same year, the Maoists celebrated their first anniversary underground by intensifying their struggle in the mid-west, Nepal had three unstable coalition governments, and the human rights situation deteriorated as scores were detained by the state.

Ten years later, the Maoists have entered into the peace process, and the MJF has turned relatively violent. Both, however, are now registered as parties with the Election Commission and much of the fight for influence in the madhes is between these two fronts.
Insiders tell us that the Maoist leadership was sympathetic to the Forum at the start, and even instrumental in organising it. Around 1999 Upendra Yadav, then a regular member of UML, started becoming closer to the Maoists.

In February 2004, Upendra Yadav, Maoist leaders Matrika Yadav and Mohan Baidya were arrested in Delhi. Upendra Yadav was let go after a couple of months, while Matrika Yadav and Mohan Baidya were handed over to Nepali authorities and were released in 2006. Those close to Upendra Yadav say that during the time of his arrest he was already trying to distance himself from the Maoists because of discrimination he felt in the ranks within the Maoist hierarchy and because he did not agree with the Maoist plan to divide madhes into ‘Madhes Autonomous Region’ and ‘Tharuwan Autonomous Region’. Vijay Kant Karna, chairperson of Jaghrit Nepal says, “No one was happy in the tarai with the Maoists because they called it Madhes Government but high ranks in their party were given to pahadis.”

After the 1 February 2005 royal takeover Upendra Yadav and Jaya Prakash Gupta, former general secretary of the MJF and present Nepali Congress MP started travelling back and forth between India and Nepal to prepare for a movement in Nepal. After last year’s April Uprising Upendra Yadav returned to Nepal and in the eight months after Jana Andolan II, the MJF had successfully held meetings in almost all the districts of Nepal.

Since then, the forum and Yadav have been accused of both flip-flopping and forming alliances with Hindu fundamentalist groups in India, such as the Rastiya Swayamsevak Sangh (RSS). In December Yadav attended a meeting of rightwing Hindu groups in Gorakhpur and spoke out publicly about making Nepal a Hindu nation again. A month later he was leading the movement for a secular federal republic.

“He can be highly influenced by others,” says Nepali Congress MP Amresh Kumar Singh, adding, “If you try to play with all the powers, you forget the cause you were fighting for.” Like most madhesi leaders who do not actively profess membership in the MJF, Singh too is said to have had a falling out with Yadav.

Jaya Prakash Gupta, who is close to Yadav, says the accusations of alliances with the palace and Indian fundamentalist groups are misguided. “If mainstream political parties meet with big Indian leaders, no one calls that an ‘unholy alliance’,” Gupta told us from Biratnagar. Gupta said that since Gaur, Yadav has not been allowed to move freely or explain “his side of the story”.

That Gupta and other moderate madhesi leaders took a careful line on Gaur while speaking to us is an indication of the pan-madhesi appeal that the forum still has. On the one hand, they argued, Gaur was ‘retaliation’ for months of harassment and disruption of MJF meetings by the Maoists Tarai Mukti Morcha. On the other, most admit it was a tactical mistake.

“If the MFJ had been willing to sit for talks right after the Madhes Uprising, they could have bargained their way into more madhesi representation and investigations of Lahan and Nepalganj, and pressured the prime minister to implement the promises made during his second address,” says Chandra Kishore, editor of Terai News Magazine in Birganj. “Now, after Gaur, everyone fears the forum as a criminal organisation.”

Sarita Giri of the Nepal Sadbhawana Party-Anandi Devi, says the MJF is not in the least militant. “They are not armed, Gaur was retaliation against the Maoists because they had disrupted their activities in Bhairahawa and Nepalganj,” she argues.

Meantime, there is said to be a few faultlines showing in the forum, one between the more left-wing members and Yadav, and the other between Yadav’s supporters who believe this was the right time to register a party and Gupta’s group, which argues that fundamental issues need to be settled before deciding to contest elections. There are signs of a split in the ranks—an insider tells us that of the 25 members in the working committee, only 13 members’ names were on the list given to the Election Commission during registration. Gupta pooh-poohs this and says that though his proposal lost out, he will support the MJF as a party.

Yadav gets the most publicity, but there are other prominent figures in the forum, such as veteran leftist leader Sitananda Raya, and MJF secretary general Ram Kumar Sharma. There are two vice chairmen Bhagyanath Gupta, a professor at Birganj’s Thakur Ram Bahumukhi Campus, and Kishore Biswas Tharu, a former member of Nepal Sadbhawana Party.

“As a political party our agenda is pretty clear—we want democratic system of governance, autonomous federal structure, proportional elections, and we want Nepal to be a republic” says Jitendra Sonal, MJF’s secretariat member.

Analysts say that given the lack of commitment seen on the part of the government to resolving madhesi issues, the MJF as a political party could take off stronger than those who call the forum irresponsible might imagine.

Source: Madhesi United, Blog, June 5, 2007

Uncertainty of CA Elections and the Republic Question

Dr. Bal Gopal Shrestha

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

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

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

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

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

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

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

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

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

Source: The Kathmandu Post, May 16, 2007

Finding light

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

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

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

Source: The Himalayan Times, June 1, 2007

Political transition: Factionalism is undermining democracy

Ganga Thapa

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

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

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

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

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

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

Source: The Himalayan Times, June 1, 2007

For Gender Balance

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

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

Source: The Rising Nepal, June 1, 2007

EC Preparations

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

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

Source: The Rising Nepal, June 1, 2007

CA Polls : Seriousness Must Emerge

Prem N. Kakkar

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

Election laws

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

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

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

Law and order

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

Source: The Rising Nepal, June 1, 2007

Where Does The Power Lie?

Keshab Poudel

"I have to admit honestly and frankly that Nepali people no more have the decisive power. The decisive power is in New Delhi and Washington," said CPN-Maoist leader Krishna Bahadur Mahara who is also the government spokesperson as the Minister for Information and Communication. (See Kantipur May 14 and Nepal Television May 13) addressing general meeting of District Development Committee, Rolpa.

- "NC people must consider what BP Koirala had once said. Rather than going to India with a package of problems, they would have done well had they gone there with a package of solutions," said Jhalnath Khanal, reacting to the visit of NC delegation of vice president Sushil Koirala, Dr. Ram Baran Yadav and Dr. Shekhr Koirala. "I don't understand what they are up to when they go to India with a problem." (The Himalayan Times May 28)

Strangely Khanal, who criticized the visit of three Nepali Congress leaders who are reportedly in New Delhi for health check up, is himself going to be a member of CPN-UML delegation to New Delhi. According to a May 29 reporting in The Himalayan Times from New Delhi, a team of CPN-UML leaders including its general secretary Madhav Kumar Nepal will arrive in New Delhi on 30 May. The members of delegation include K.P. Sharma Oli, Jhalnath Khanal, Bamdev Gautam and Ashok Rai.

As Nepal's present political situation is in a very crucial phase and internal political forces are in dispute over the announcement of elections date for Constituent Assembly, the visit of high-level party leaders of Nepal's two major political parties have definite political meaning.

The Himalayan Times –which is supposed to predict political weather coming from South – has already declared on May 27 that Koirala clan is losing its grip on the party. "In a way, the election of Pradeep Paudel as Nepal Student Union president is tantamount to a rebellion against the Koirala clan and its political ideology dating back to the 1950s," writes the daily.
According to THT, the bid is a last ditch effort by prime minister Girija Prasad Koirala who is under stepped up pressure to declare Constituent Assembly Elections.

If minister Mahara really believes upon his statement, many more questions may be raised at him. Along with other political forces, which one force led the Maoists into the power?

Prachanda's Realization

For CPN-Maoist leader Prachanda, it took a year to realize Nepal's reality. "One year after my public appearance when I met a number of capitalists, feudalists and other power centers, I have drawn the conclusion that Nepal is not like what we used to think. Eventually, we are now in a position to understand Nepal," said CPN-Maoist leader Prachanda (Kantipur May 24).

It is not clear whether they are the expressions of frustrations or expressions of real situation of the country. People in Nepal generally feel that they have come to know the Maoists in their political shape but surprisingly its supreme leader Prachanda has just started knowing what Nepal is.

The precious 15,000 lives have been lost to educate him about Nepal as he has realized now. Despite his realization, indications are that political situation in Nepal has no sign to stabilize and follow a fair and predictable process.

Past Experiences

Past experiences have shown that sooner the election is held, better for the country's over all situation. As Nepal's internal political forces are yet to agree on the date to hold the elections for CA, third party will have reasons to rejoice as its intervention will then be required to end any major political deadlock.

"Although the situation was very abnormal in the last days of Panchayat system, the upheavals of that time - which overthrew the previous order - reintroduced the multi-party parliamentary process very shortly. Within 14 months, the constitution was promulgated as a product of unique political understanding and reconciliation under which three elections for parliament were held with amazing peace and popular participation," said a political analyst.

According to the analyst, ongoing interests in the political destabilization created an opportunity to do away with that constitutional order as well as the political adjustments. "In the last phase of previous constitutional order, unfortunately, politicians ignored the consequences of cut throat competition for power which created a situation in which an inexperienced but over ambitious King played a short sighted role and the country entered into another phase of uncertainty and destabilization."

From Stable To Unstable

Following the promulgation of interim constitution, the country entered from a stable and predictable to unstable and unpredictable situation. Nobody is able to predict his/her own future now. Nobody in politics knows his/her future role. Even prime minister Girija Prasad Koirala, who sacrificed all political ideals, values, and country's interests for power, is uncertain about his position.

"As long as elected parliament was in operation, it was generally believed that entire parliament was capable of reflecting the popular will of the country and it could decide the fate of politicians. The previous constitution not only had declared the sovereign power vested into the people but it also generated belief in declaration. During the direct rule of King in the last phase, rightly or wrongly, the supreme decision making power was believed to be with the King," said the analyst.

Of course, April upsurge of last year deprived the King of that power but unfortunately no political force is sure of the center of the decisive power of this country now. In the last days of Royal regime, as a theoretician vice chairman of council of minister Dr. Tulsi Giri used to argue that there could not be two centers of power – the people and the King.

"Few days back the Maoist group leader in the cabinet and Minister for Information and Communication Mahara was on record in the media telling the people that the decisive power of this country is either in New Delhi or in Washington. Recalling Dr. Giri's statement regarding duality of the center of power to decide, it is now neither with the King nor with the people," said the analyst.

About Washington

In the words of minister Mahara, the decisive power has gone away either to Delhi or to Washington. However, while judging position of Washington, it has a very humiliating response from current events of Nepal. Prime minister Koirala completely ignored the advice of America in the process, particularly, on the decision of inclusion of Maoists in the government.

US and its ambassador James F. Moriarty, whose car was stoned Friday (May 25 in Damak Jhapa) by the members of Maoist -affiliated Young Communist League, are persistent in their position vis-à-vis Maoist party, which they term as terrorist outfit and have given no indication to budge from their stance yet. Americans denied visa to Maoist leader and still put them in US terrorist list.

Although US ambassador Moriarty was unhurt, this stoning incident, which the Maoist organization later claimed was not its planned doing, has raised a question on whose protection Maoists are waging a war against the US. In the words of vociferous Maoist leader and Minister for Forest and Soil Conservation Matrika Prasad Yadav, US ambassador Moriarty has completely failed in his attempt to block their road to power.

About New Delhi

About another power center New Delhi, there is a lot of whispering and rumors getting space in the print media that it has a lot of influence in Nepal. Actions and activities of politicians corroborate the apprehension of the people, which is not in the interest of good neighborly relationship between countries.

Series of meetings and negotiations were taking place in New Delhi before finally the 12 points agreement came to light in November of 2005. Even the recent rush to New Delhi by all leading politicians of major political parties is not properly explained to the people. Although CPN-UML leader Khanal who objected Congress leaders' visit to New Delhi a day before - is now going to New Delhi along with his party general secretary Nepal.

After looking at this entire circumstantial situation, one can guess that something covert and secretive dialogue and negotiations are going on in New Delhi. There is no sense for different political persons of Nepal to go to Delhi for dialogue and negotiations among themselves. One does not know the role of third invisible and undeclared party into that deal.

According to Nepali Congress leader Amod Upadhyay, the visit is no more than a visit for medical check up. "All of them are political figures, they might meet Indian political leaders," said Upadhyaya. Anyway, this kind of visit of politicians to a powerful neighboring country is not without definite meaning.

"The experience of the past creates a reasonable doubt in the minds of people. Perhaps minister Mahara could not betray his conscience and expressed naked fact that internal conflicts of Nepal has shifted decisive power of this country," said the analyst. "Dr. Giri's views have prevailed but in a perverted manner. Now the power is neither with the King nor with the people. It has shifted to a hegemonic center. It is very painful to believe and accept this fact. And now the uphill task for all is to clear the hostility and conflict among ourselves for a broad based national unity based upon widely accepted political process in which all will have fair opportunity to live and let live," said the political analyst.

Source: Spotlight, May, 2007

Growing Insurgency In South Asia

Dr. Trilochan Upreti

The South Asian Association for Regional Co-operation (SAARC) is one of the poorest regions in the world. Inhabited by 25 per cent of the global population, the region exhibits, perhaps, the most disproportionate gap between the haves and have-nots as far as income is concerned.

Infuriated by such discrimination and the wide gap in incomes and opportunities, insurgencies against the status quo has become a common phenomenon in the entire region, and no nation has remained unaffected by the effect.Hot spotsNepal witnessed a terrible insurgency unleashed by the Maoists for over a decade. It claimed the lives of more than 13,000 people and destroyed property worth billions of rupees. At the moment, the problem is being sorted out by bringing the Maoists into mainstream politics and accommodating them in the parliament and the government following the conclusion of a 12-point agreement and a comprehensive peace accord between the Maoists and the Seven Party Alliance. However, the peace process has been witnessing several upheavals and twists and turns. The common agenda of all the political parties in Nepal is holding the constituent assembly (CA) polls, but whether it will be held remains a big question. The consequence of the insurgency has been suicidal for the economic development of Nepal, which has pushed the country back by at least 30 years in terms of stability and prosperity.In India, the far eastern region of Assam, Meghalaya and Manipur and Kashmir have been hot spots where an insurgency has been brewing for quite some time.

The problem of Punjab was thought settled forever, but it appears that there have been recent efforts in the United Kingdom to revive the Khalistan movement. A conference at a Gurudwara in Birmingham sought to revive the Khalistan movement and brought together secessionists from Nagaland, Kashmir and Assam on the same platform.It was supported by a member of the British House of Lords, Nazir Ahmad, and also a member of the British House of Commons, Khalid Mehmood, who endorsed the struggle for Khalistan. They spoke of the people's right to self-determination in other parts of India, including Kashmir. Various Sikh organisations operating from the UK and leaders like Jagjit Singh, among others, had participated in this meeting in which the message of Mr. Muivah was read out by the organisers. Besides, India has been engaged in a long dispute and insurgency in Kashmir and in the eastern states of Assam and Meghalaya. India spends heavily on the military trying to contain the insurgency, which again occupies a good deal of the government's time. If the money spent on the military in these states were to be spent on development activities, they might have achieved a lot more progress and stability. India has fought two wars with Pakistan over Kashmir and Bangladesh, and tensions continue to surface from time to time, which is a setback to economic activities.

India has become the largest arms importer in the developing world. It spent as much as IRs 44,009 crore (around $ 10.5 billion) on importing military hardware and software in the past three years.One can find the Singhbahini and Chakma insurgencies in Bangladesh, which are seeking independence. This has led to a resources crunch in the already poverty-stricken country. Apart from this, the increasing influence of the fundamentalists and their activities have become a major obstacle for stability and economic development of Bangladesh, where the gap between the haves and have-nots is increasing rapidly.Bhutan is also on the brink of a civil war. If the Druk regime fails to understand the sensitivity of the refugee problem and strive for a timely and fair resolution, then it is certain to be entrapped in a long civil war. That is bound to happen because the regime, rather than attempting to resolve the problem sincerely, is trying to expel more people from its territory. The Druk regime is buoyed by the American Government's decision to settle the Bhutanese refugees, who have been languishing in Nepalese camps, in the United States. Some other developed countries have also shown their interest in settling the refugees. The international community has failed miserably in preventing the exodus of refugees following a campaign of ethnic cleansing carried out systematically by the Bhutanese regime.

It is shameful for a country like India, which is referred to as a regional power aspiring for permanent membership of the UN Security Council and likes to be called the biggest democracy of this globe, to be supporting such atrocities of Bhutan. Pakistan has been suffering from the independence campaign emerging in the provinces of Sind and the North East Frontier.

A major problem is the fair allocation of water resources of the Indus basin. At the moment, there is complaint that Punjab has deprived Sind of its appropriate share of water and is destroying its agriculture. The border area with Afghanistan has always been a problem not only for Pakistan but the world community as well. It is strongly believed that the leader of Al Qaeda is hiding inside the difficult hilly terrain of Pakistan.Sri Lanka has suffered heavily from the civil war for the last 20 years, in which more than 70,000 people have been killed.

Its economy would have obtained near developed status had there been no civil war during this period. Maldives remains disturbed for the establishment of democracy. The democrats and government supporters have been fighting one another for several years. A few years ago, a group of mercenaries carried out a coup, in which the government of India protected the regime by sending its military to Male and defeating the mercenaries.Economic developmentThe south Asian nations need to find out why insurgencies are breaking out and accordingly sort out the problems and move forward for economic development. They can no longer afford to lose time, money and resources fighting their own people. They need rather to focus on development and make their lives prosperous. Otherwise, the region will be left far behind.

Source: The Rising Nepal, May 31 , 2007

New Nepal in the making

Ashok KMehta

Not long ago, when Nepal was being described as a failing or failed state and sceptics were describing prospects as a tunnel at the end of light, its well wishers were pointing south to follow the Sri Lanka example - enjoying the peace dividend from the four-year-long Cease Fire Agreement and a functioning peace process. Then suddenly the tables turned and Sri Lanka was engulfed in war and Nepal transitted from a bloody people's war to a peaceful revolution en route to peace and a political process which is not trouble free but in its second year.

The Maoists have given up arms and pledged not to return to 'armed conflict'. An eight-party interim unity Government with Maoists on board is in place supported by an interim Constitution and an interim Parliament. Nepal is in transition mode to becoming a new Nepal for which the goal is electing a Constituent Assembly.

The popular picture beamed from Nepal is one of organised chaos and collapse of law and order, political deadlock and a rudderless Government encumbered by conflicting political agendas and incapacity to cope with newly roused political aspirations of the Madhesis and other disadvantaged groups. The fear, sometimes contrived, of the Palace and Nepal Army does not go away. The Maoists are part of the problem and the solution in ending uncertainty over elections and their 'bad habits'. The real picture is not so bad. Nepal is in a post-revolution period and making the Maoists, accustomed to jungle raj, play by the rules will take more time.

The eight-party alliance has covered considerable ground despite the delay over consensus-building and the failure of the Maoists to implement earlier agreements. None of these would have been possible without the sterling leadership and intuition of Prime Minister GP Koirala. He is one man who understands the problems but his age has robbed him of the stamina to deal with all of them. Breaking one deadlock is invariably linked to yielding on another issue. Outcomes are based on who blinks first - Mr Koirala or Prachanda.

Disarming the Maoists, confining them to barracks and their verification and registration under United Nations Mission in Nepal (UNMIN), normally a very complex mission, was achieved with relative ease, with 31,000 PLA having been located in seven cantonments and 21 satellite camps with their weapons locked and sealed in containers. The second phase of verification, to ascertain Maoists recruited after the ceasefire of May 25, 2006 and under 18 years of age, was held up. Prachanda linked his party's compliance to implementation of the political package and welfare of PLA, which includes better housing and salaries. Reluctantly, Mr Koirala conceded the demand on PLA. The second phase of verification is to begin in June.

The Maoists' eternal goal has been holding of Constituent Assembly election and declaring Nepal a republic. They now want abolition of monarchy to be delinked from the election and instead get interim Parliament to declare a republican state through a simple majority. Mr Koirala has stuck to the provision of the Comprehensive Peace Agreement according to which the fate of the monarchy was to be decided in the first sitting of the Constituent Assembly. In the run-up to the election this is likely to become the bone of contention between Maoists and other Left parties and the Nepali Congress though a proposal has been accepted to keep the King at bay.

The Maoists may have given up the gun but their unguided missile of mass mobilisation is the Young Communist League (YCL), many of whom are unregistered PLA. Maoist street power is quite formidable as frequent clashes between YCL and police have shown. This is further tarnishing the image of Home Minister KP Sitaula who has been disparagingly called Minister in Waiting to the Maoists. The depredations of the YCL are bound to undermine the reputation of the Maoists in the upcoming election.

The election was to be held in June but for a variety of reasons, it has been postponed to November though no formal announcement in this regard has been made. Mr Koirala is keeping people guessing on the election date and notification of a republic in order to secure better compliance - and certainly greater accountability, now that they are part of Government - from Maoists on the peace agreement. It was Mr Koirala's idea to lock the Maoists into the political process by inviting them to join the Government against the advice of the Americans and others who had insisted the Maoists first give up their 'bad habits' before qualifying for power-sharing.

To checkmate the Maoists, Mr Koirala has sought to improve the morale and image of the discredited security forces. He knows that in a future crisis they remain both the sword and shield against Maoists and Madhesis. At the same time, the Army's allegiance to the Palace is being systematically rooted out. The Americans and the British - and not the Indians who are equally qualified - are engaged in democratising the security forces and educating them on human rights and clearance of mines and IEDs. With historical links with the Gurkhas, the British have deployed two teams - Security Advisory Group to restructure MoD and make the Army responsive to civil political control; and a Post-Conflict Reconstruction team to rework the MHA and make the police more efficient. There is a red line of sorts prohibiting the use of the Army till the election. A matching number of Army soldiers and weapons as was done for the Maoists has been put beyond use.

With Mr Koirala in charge, things are not as bad and disorderly as they appear from Delhi or Washington. Both the peace and political processes are on track. A great deal of work has to be done for the election - from finalising voters' lists to deciding on the model to be followed to passing Bills in Parliament and raising auxiliary forces for its conduct.

Election apart, the most serious problem confronting the Government is the six-month old stalemate in the Terai where three separate forces have raised their flag - the Terai Maoists who broke away from the mainstream two years ago and are split into two groups, the Madhesi Jan Adhikar Forum (MJF) and the indigenous Tharus. The most powerful of these is MJF. Its demand for autonomy, proportional representation and fresh delimitation has been accepted but formal negotiations have not started. Every other day a bandh is declared, paralysing land-locked Nepal's strategic underbelly and communications hub. Terai's contiguity with lawless Indian states of Uttar Pradesh and Bihar makes the threat more ominous. It has the potential of turning into a Pahari-Madhesi conflict.

With no external monitors in Nepal the indigenous political process is creeping forward. It requires outside support but without anyone fishing in troubled waters. People like US Ambassador James Moriarty are necessary and important to paste warnings on the Maoists. So are the Sitaram Yechuris - to mind the Maoists. And there is need for a Nitish Kumar - who has resolutely refused to dabble in Nepal politics - for the Terai. Colombo can take a leaf from Kathmandu's book on power-sharing.

source: The Pioneer, May 30, 2007

Agree On Date For CA Polls

The political parties are trying to tackle issues relating to the election to the constituent assembly. As several conflicting interpretations and positions are involved in the declaration of the date for the polls, the political stakeholders are determinedly seeking to sort them out quickly and reach an understanding with a sense of unanimity. The meeting of the eight-party leaders that is taking place should be seen as a case of seriousness demonstrated by the leaders to reach an understanding and consensus in addressing the relevant issues. As political interests vary among each other, it is natural that discussions are prolonged, and some delays are incurred for arriving at a settlement. However, the political leaders should not seek to construct new excuses to circumvent and derail the process. As insisted by Prime Minister Girija Prasad Koirala, the leaders should zero in on finalising the date for the constituent assembly polls. The decision on the polls for the constituent assembly would indeed rivet the attention of all the political stakeholders to building a strategy for demonstrating popular support in one's favour.

The task that lies ahead of the political parties is, therefore, to create a healthy framework for all shades of opinions and take the process forward so that the polls to the election assembly is not delayed. The Maoists had fought for the cause of the CA polls, and it is they who made the agenda very popular among the political and social stakeholders. Any lessening of the commitment or diminishing of interests on their part cannot be excused. As called by the prime minister, they should join hands with the other forces to finalise the date for the polls so that all confusions and concerns are allayed. It is natural for the political parties to seek a larger share in the power enhancing arrangements, but they cannot go in for creating issues out of non-issues. Since the Maoists are yet to face the test of popularity, it is incumbent upon the party to ensure fuller integration in the mainstream democratic process. They should help to accelerate the process for normalisation of the political situation in the country through election to the constituent assembly. Posts and positions are less significant when it comes to joining hands to lend a hand in the process of nation building.

Source: The Rising Nepal, May 30, 2007

Myopic parties

The political parties managed to sustain democracy and freedom for 12 years after the 1990 successful revolution. It has hardly been 12 months since the April uprising restored the parliament, and the political parties are already on the brink of losing democracy, freedom and sovereignty. Thanks to the myopic leadership. The political parties, especially Nepali Congress, UML and CPN (Maoist) are responsible for bringing this situation. The double standard of the parties and crisis of confidence coupled with the personal ego and ideological differences have brought this situation. If the eight political parties fail to reach an agreement in a day or two to smoothen the country's political transition, we will face serious consequence similar to Bangladesh, or the country may split into different warlord-ruled zones. The possibility of neighboring army marching into the country cannot be ruled out. The people are forced to sit over this time bomb because of the myopic attitude of our leaders.

NC committed a mistake by failing to recognize UML as a strong pillar of democracy. Prime Minister Koirala and his kitchen cabinet thought that everything would be in control by appeasing the Maoists. Unfortunately, after snatching 83 seats in the parliament, promulgating the interim constitution, and bagging lucrative ministerial berths, the Maoists are mulling to topple Koirala's government and capture the power with UML's support. The UML leadership has shown very immature behavior, throughout. It is behaving more like a bickering baby. The emergence of the Maoists has shocked UML. It has lost confidence. It is unnecessarily trying to be too radical to prevent the Maoists from snatching its cadres. The party that earned good national and international reputation as a democratic force suddenly has been fooled by the Maoist leadership and is trying to rechristen itself as a real "communist" party. Its obdurate stand on proportional election is but an example of how it forgets the basics of democracy.

The Maoists have been very smart throughout. The only caveat is, if they succeed in grapping power, the Nepalis will be worse off. They are trying to reverse the process of development, progress and democracy. Their whole idea is preposterous because they are attempting something that is impossible to attain at the current national and global realities. NC and UML are only the forces capable of changing the Maoists, but due to the duel between these two parties, the Maoists have succeeded in converting the country into chaos, violence, lawlessness, and confusion. The situation would immediately improve if Koirala extends friendship to Madhav Kumar Nepal, and takes him into confidence. If both come together, the Maoists would be easily tamed. But the problem is, NC and UML have not realized this fact and the Maoists are exploiting them.

Source: The Kathmandu Post, May 30, 2007

Coming Closer

The eight-party leaders came together Saturday to discuss the impending issues afflicting the country. The meeting has been able to end the deadlock that weakened the process of communication and dialogue among the political actors in the country. For the last one plus months, a purposeful communication and dialogue have not been able to take place among the political actors in the country. There are several important subjects that lend impetus to the peace-building process. Major decisions have to be taken to clear the confusion and end the uncertainties to consolidate peace and harmony in the country. Several low intensity conflicts and tensions have erupted in different parts of the country. These have given rise to a number of confrontations tending to vitiate the current political situation in the country.

The Madhesi issue and similar demands and subjects raised by the Janajatis have to be addressed to bring about normalisation and peace in the country. The Madhesis have expressed their disenchantment and disappointment over the current framework of state structuring and power sharing arrangements. The agitation looming over Madhesh and voices of discontent coming from that part should be tackled through dialogue. In the same vein, the Janajatis have demanded that the state should take their voices into account and redress their grievances with a sense of justice. It is in the interest of peace and democracy that the government is seeking to establish a channel of communication and interaction with the Madhesis and Janajatis. The panel headed by senior minister in the coalition government Ram Chandra Poudel has been working to overcome the problems and address the issues through mutual appreciation of national interests.

Moreover, the date for the polls to the constituent assembly has to be decided and announced soon. As the eight-party leaders have agreed to further the process of dialogue and negotiation, it is expected that the impending subjects, including fixing the date for the polls to the constituent assembly, would be decided through mutual concurrence and understanding. A positive sense of mutual dialogue and negotiation would alone contribute to institutionalising peace and democracy. For this, the political actors need to join their hands in a constructive spirit.

Source: The Rising Nepal, May 28, 2007

Bhutan : Situation Of Ethnic Nepalis

Kazi Gautam

A New-York based human rights organisation - Human Rights Watch (HRW) - made public its report in Kathmandu on May 17. In the report, the HRW has presented a report on the situation of ethnic Nepalis in Bhutan, the condition of the refugees in the camps and three options available to the refugees. The study has highlighted that ethnic Nepalis residing in Bhutan have been facing constant prejudice and ongoing threats to their citizenship status, and implies there could be more ethnic cleansing in the days ahead. Problems of ethnic Nepalis According to an official census conducted in 2005, 13 per cent of Bhutan's current permanent residents are "non-nationals". Following the census, new ID cards are being distributed to all recognised Bhutanese citizens. But those eligible for receiving the ID cards are F1 (genuine Bhutanese citizens) and F4 (non-national women married to Bhutanese men, and their children). A lack of 'No Objection Certificates' (NOC) barred others from getting the ID.

The NOCs were introduced by the government following political instability in the south in the early 1990s when the Lhotsampas (Nepali speaking people) revolted against the Druk regime. NOCs are issued by the Royal Bhutan Police (RBP) only if they receive confirmation from the Dzongdag (district administrator) that a person in question is not in any way involved in "anti-national activity". NOCs are required for enrollment in higher education, employment in the civil service, obtaining business and trading licenses, travel documents and the like. During the last census, the Royal Government of Bhutan (RGB) did not allow a large portion of Lhotsampas to enlist their names in the voting list. They were asked to produce NOCs before their names could be included in the voting list. But the RBP did not provide them the NOC, alleging them that they had constant touch with the refugees living in Nepal. Some 70,000 Lhotsampas were not included in the mock election that Bhutan conducted last month. The lack of NOCs does not allow the Bhutanese to get involved in any sort of political or governmental activities. On the other hand, ethnic Nepalis are always in fear that their NOC and citizenship might be snatched away if they keep relations with the refugees. Some refugees who sometimes visit the camps refuse to talk about their present condition in Bhutan. They fear that the source of information might be revealed to the Bhutanese authorities and that might eventually become a reason to get evicted from the country.

The practice of forced labour still exists in southern Bhutan. Ethnic Nepalis must provide free labour. They have to assist the Drukpas to get resettled on the land that was once owned by the refugees. There is no instruction in the Nepali language, even in schools in the southern districts - only Dzongkha and English are taught. Ethnic Nepalis are still expected to wear gho (for men) and kira (for women), the traditional Drukpa clothes, in schools and other public places, as stipulated by the king's 1989 decree of Driglam Namza. A draft constitution released in March 2005 incorporates the discriminatory provisions of the 1985 Citizenship Act, and provides that Dzongkha is the national language of Bhutan, and that Buddhism is the "spiritual heritage of Bhutan".During the 14th SAARC summit, Nepalese Prime Minister Girija Prasad Koirala and Foreign Minister Sahana Pradhan pressured their Bhutanese and Indian counterparts to accept all the Bhutanese refugees unconditionally. It was the first time that India and Bhutan had appeared positive. Bhutan had agreed to accept at least some refugees. However, instead of repatriating the refugees, it plans to evict more southerners from the country.

The people in Bhutan have often been tortured and harassed for no good reason. Due to lack of agencies to address their sufferings, they cannot be publicised. Moreover, the ill practices of Bhutan rarely reach the concerned authorities due to lack of an independent media to impart factual news. The Kuensel, a mouthpiece of the Druk regime, supports only the king's activities. The two private publications that have recently started, The Bhutan Observer and The Bhutan Times, are also under the clutch of the king. So they have failed to relay uncensored news. Also, there are no human rights agencies to look after and safeguard the rights of the people. The long endeavours of the Nepalese government to repatriate the refugees have not been able to bear any fruit. The steps taken so far to solve the impasse, including the bilateral talks, have turned out ineffective. Hence, the US has proposed third country resettlement. But Bhutan has considered this scheme to be in its favour, and decided to evict more Lhotsampas so that they could also be handled by the western countries.

Conscious people By this time, all the people residing in Bhutan - be they Sarchhops or even Drukpas, or Lhotsampas - have become highly conscious about their rights. They have eventually realised that the people in the refugee camps have been struggling to safeguard their rights as well. It should also be remembered that the Bhutanese - both inside and outside Bhutan - are committed to overthrowing the Wangchhuk dynasty. The united revolt of the people can put an end to any sort of government. The Great Revolt of 1857 in India against the British regime and the popular revolt of the Nepalese in 2006 to restore the rights seized by Gyanendra are common examples.When the Bhutanese political movement started in the early 1990s, only some people participated. The movement also lacked able leaders, and, thus, the movement turned out to a failure, forcing the people to become refugees. There were no inspection teams from human rights activists and other similar agencies. The movement also could not get wide media coverage as the international media did not get the information. The condition has, however, changed now. Slowly, the violation of human rights and other atrocities of the tin pot dictator are being slowly revealed to the outside world. Hence, other members of SAARC and the international community must take immediate action to safeguard the rights of some 100,000 Lhotsampas residing in Bhutan before they are made refugees.

Source: The Rising Nepal, May 29, 2007

Peace & Democracy : Sustainability Measures

Yuba Nath Lamsal

Both peace and democracy are fragile in Nepal at present. Both are nascent, which need better nurturing and careful handling. If our political actors make a slight mistake, peace and democracy may be at risk.

A Fact

Democracy cannot flourish and function at the absence of peace. Our recent past is a witness to this fact. At the same time, sustainable peace is not possible without democracy and open society.Nepal used to be described as a peaceful country and a Himalayan Shangri-la until the Maoist insurgency began. But it was a coercive peace but not the spontaneous and sustainable peace. Coercive peace is the state of situation when political activities and dissenting voices are summarily suppressed. The dictators dub this situation as the state of peace. Whenever people get an opportunity, they revolt against the authoritarian regime and the coercive peace is automatically broken.

Before the Maoist insurgency began, there was no physical war or any armed conflict. But there were conflicts beneath the surface. There was ethnic grumbling against the discriminatory policy. Women were unhappy with the existing system as they were not treated equally and not given equal rights and opportunities. Dalits were suppressed and exploited but they were not allowed to speak against the exploitative and discriminatory system. Politically, a centralized system was in place with both political and military power in the hands of the so-called upper caste elites. Parties had been banned and political activities prohibited. Only those who supported the king's autocratic regime were allowed to function and carry out political activities. So there was a simmering disgruntlement among the general people who were out of the mainstream.

There was definitely no physical or military war but the mental and psychological conflict and war was always deep rooted in the society that came to the fore after the political change in 1990 and intensified after the Maoist armed insurgency started. The Maoist raised the issues that were never raised prominently before. The Maoist agenda were elimination of feudalism, introduction of proportional representation system in election, empowerment of women and other backward communities and their due representation in the political and decision making level. These issues and agenda of the Maoists attracted the hitherto oppressed and alienated people towards their political organization. As a result, the CPN-Maoist rose to such a powerful political organization around which the entire politics of Nepal has been revolving. But the state failed to assess the this disgruntlement against the system. The political parties, instead of addressing the problem politically, described the Maoist insurgency as a mere tempest in the teapot and tried to quell it by use of force, which miserably failed.

The conflict was there at every level even before the Maoist insurgency began. But it was the failure on the part of the state not to visualize the situation and take initiative to address the problem in time. They realized only when the situation had already got complicated. The political parties had to pay a heavy price for their inability to assess the situation in time and take effective measures to address it. The king, taking advantage from the situation of conflict and insurgency, took over power and tried to rule with an iron fist but finally failed. Had the political parties been united and worked sincerely and seriously for the larger good of the nation and the people, the situation would not have arisen. The political parties were involved more on grabbing power and retaining it by hook or by crook. The national issues and agenda of the people remained in the backburner. The political parties not only lost power but credibility as well.

They had to labour hard to regain this lost credibility. When political parties launched their protest against the king's takeover demanding the restoration of democratic process, the people, in the beginning, were reluctant to join hands with them. The programmes of the civil society and the professional groups were more effective than those of the political parties in the beginning. The people went to street at the call of political parties in a massive way only after the party leaders publicly apologized for their mistakes of the past and promised not to repeat such mistakes in future. This was a great lesson for the political parties.

People thought that parties and leaders learnt lessons and would not commit the same old mistakes again and over again. Given the behavior, attitude and activities of the political parties and leaders, they have not changed at all even after the success of the Jana Andolan II. They are committing the same old mistakes, which have only frustrated the people and considered a breach of their promises. The nation and people are above individual and partisan interest. But our political parties and leaders have still not been able to rise above the partisan interest. This is the reason why Nepal's democratic movement was weakened and suffered setbacks at different times. When in opposition, Nepali political parties feel the need of unity and united approach.

Once they are in power, they forget the past and start biter fight for power?no mater whether it is moral or not. What we have achieved from the success of the Jana Andolan II is due to the joint struggle of all political forces. But some political parties and leaders have shown a tendency of minimizing the role of other partners. All the political forces that played positive role in the Jana Andolan II must have equal say in the decision making process for creating a new Nepal. Parties must develop a coalition culture so that decisions are taken through consensus for the greater interest of the nation and the people.

The partisan interest of the political parties has once again hindered the peace and political process in Nepal. The priority of the parties and the government at present is the election to a constituent assembly. If the constitutional provision and public commitment of the parties are any basis, constituent assembly election would have to be conducted by mid June this year. This was not done, which has been attributed to the lack of adequate time for preparation. It was breach of promise of the political parties and violation of the interim constitution. Even now the date for the election is still uncertain. It is all because of the inaction of the political parties.Peace and democracy are interdependent. Sustainable peace is not possible at the absence of democracy, open and free society. The peace and political process must go hand in hand at present.

But the delay in political decisions, this process has been delayed, although not derailed. CompletionConstituent assembly election is the only way to complete the peace and political process. Thus, political parties need to shun partisan interest and work together in the spirit of coalition culture to hold the constituent assembly election that would complete the political and peace process. It is the only process to institutionalize democracy and establish durable peace in the country.

Source: The Rising Nepal, May 29, 2007

Support Assured

Chief of the missions of the European Union conferred with Prime Minister Girija Prasad Koirala Friday and conveyed their support and unqualified co-operation to the on-going peace building and democratisation process in the country. The envoys of the European Union urged the prime minister to announce the date for the constituent assembly polls and ensure that the important democratic exercise was not marred by any untoward events.

Prime Minister Koirala responded to the chiefs of the mission of the European Union in a very positive light and assured that the date for the polls would be made pubic in concurrence with the Election Commission in a week. The interest shown and support extended by the international community to the cause of democracy and peace in Nepal is constructive as this has been instrumental, among others, to achieving positive outcomes and developments. The international community should also be praised for the co-operation and assistance given to Nepal in addressing the issues arising out of the conflict. Reference must be made to the people�s movement accomplished last year in which the Nepalese people were able to topple authoritarianism.

The support and co-operation of the international community to the cause of democracy and peace and the voice raised against human rights violations contributed significantly in weakening the basis of both authoritarian and totalitarian polities in the country. What has constituted a matter of key significance is the establishment of the Office of the UN High Commissioner for Human rights in Nepal that has been put at the frontline to monitor abuses of civil and political rights.

Moreover, the countries of the European Union have extended every possible assistance for different development and democratisation projects. Their request for the start of the second phase of the arms verification process is relevant and important. As the eight-party government has been working to arrive at a settlement of outstanding issues, the interest of the international community to extend co-operation to accelerate the momentum of the peace-building process is highly significant and meaningful.

Source: The Rising Nepal, May 20, 2007

State of the nation: Where are we headed for?

Ajit N S Thapa

It has been over a year since Jana Andolan II forced King Gyanendra to hand power back to the seven-party alliance (SPA) through the restoration of the dissolved House of Representatives. People had great expectation that the nation would have permanent peace, they could live with a sense of security and that full democracy would prevail through holding of free and fair
Constituent Assembly (CA) polls. However, these hopes have been dashed.

The nation is bleeding with a rise in the level of violence and vandalism committed both by the Young Communist League (YCL) and the Janatantrik Tarai Mukti Morcha (JTMM), who have raised arms demanding self-rule and better deal for the Tarai people. Furthermore, diverse groups such as Janajatis, Chure-Bhawar and others are demanding proper representation and autonomy and have launched protest programmes such as bandhs and strikes, which have crippled the economy. Though the Maoists are now in both the interim parliament and the government as per the Comprehensive Peace Agreement (CPA) between the SPA and the Maoists, they are unable to stop YCL cadres from taking law in their own hands.

The Maoist affiliated Tarai Mukti Morcha is also creating havoc in Far Western Nepal, attacking CDO offices in Dhangadi and Mahendranagar and seriously injuring the assistant CDO in Dhangadi. The JTMM (both Goit and Jwala Singh factions) attack each other regularly and recently. The Goit faction murdered Nava Raj Bista, an engineer working in Siraha and kidnapped and subsequently released another senior engineer, Murali Ranjitkar. These actions are meant to send a strong signal that the Tarai is only for the Tarai people. The nation is going through a rapid process of disintegration with the government standing by as a silent spectator. The Home Ministry seems to be content with giving condolences to the families of the deceased instead of taking measures to control criminal activities.

The Election Commission has expressed its inability to conduct the CA polls on the stipulated date of June 20. The government has not been able to announce a fresh election date but its constituents are busy blaming each other, as well as regressive elements and foreign intervention, for the delay. The Maoists have announced that since the CA polls will not be held on time, they will launch a nationwide movement from the streets and the parliament to declare Nepal a republic. This is totally against the CPA wherein it was clearly agreed that the first meeting of the elected CA would decide on the monarchy’s fate. The Maoists have not only started street agitation but have also registered a motion in the parliament with the apparent backing of 15 lakh pro-republic signatures demanding that the House declare Nepal a Republic.
In the case of a referendum, people might opt for a republic, especially as the King squandered the legitimacy of monarchy in an ill-advised and unwarranted act of brinkmanship by taking on direct control of state power against the spirit of the Constitution. In a democracy, the process of decision-making is more important than even obtaining correct results. The Maoists might be right in judging the predilection of the people but they must exercise due process to achieve the end result. If they are not happy with the CPA regarding the process to decide on the fate of monarchy, they could re-negotiate with the SPA to hold a referendum, a stand consistently taken by the CPN-UML. It is also regrettable that the Maoists have not yet returned the land and properties of the displaced people.

Decision-making process within the EPA is not holistic, but fragmented and piecemeal. Such an ad hoc approach has resulted in hurried amendments to the interim constitution. The demands for proportional representation, autonomy within a federal system and a fair deal to the Tarai people demanded by the Madhesi Janadhikar Forum, JTMM and strongly backed by all Tarai MPs across party lines have not been adequately addressed. Similar demands have been made by the Janajatis who have called for a national political conference.

The government has appealed for calm among the agitating parties and has announced that it will resolve outstanding grievances through dialogue and towards this end has formed a peace committee under the leadership of the minister for peace and reconstruction. However, no meaningful negotiations have commenced so far as both the Tarai people and Janajatis feel that the government has not yet created a conducive environment for meaningful dialogue. In this light, it is clear that the nation is going through a harrowing period. There is a need for national understanding and cooperation to extricate the nation from the present quagmire. Towards this end, the eight parties would do well to take stock of the situation and seek cooperation of other parties, civil society, religious and professional bodies to build a New Nepal.

Source: The Himalayan Times, May 21, 2007

Rise of a party

MALLIKA ARYAL

In 1997, a group of madhesi intellectuals and students banded together to discuss their concerns and issues. There was no formal membership in this Biratnagar-based group and participants included leftists and members of other mainstream parties. The common denominator was their disenchantment with the big parties and the sense that their debates were largely ignored. The Madhesi Janadhikar Forum soon emerged as the most-respected, representative platform for madhesi issues.

In the same year, the Maoists celebrated their first anniversary underground by intensifying their struggle in the mid-west, Nepal had three unstable coalition governments, and the human rights situation deteriorated as scores were detained by the state. Ten years later, the Maoists have entered into the peace process, and the MJF has turned relatively violent. Both, however, are now registered as parties with the Election Commission and much of the fight for influence in the madhes is between these two fronts.

Insiders tell us that the Maoist leadership was sympathetic to the Forum at the start, and even instrumental in organising it. Around 1999 Upendra Yadav, then a regular member of UML, started becoming closer to the Maoists. In February 2004, Upendra Yadav, Maoist leaders Matrika Yadav and Mohan Baidya were arrested in Delhi. Upendra Yadav was let go after a couple of months, while Matrika Yadav and Mohan Baidya were handed over to Nepali authorities and were released in 2006. Those close to Upendra Yadav say that during the time of his arrest he was already trying to distance himself from the Maoists because of discrimination he felt in the ranks within the Maoist hierarchy and because he did not agree with the Maoist plan to divide madhes into ‘Madhes Autonomous Region’ and ‘Tharuwan Autonomous Region’. Vijay Kant Karna, chairperson of Jaghrit Nepal says, “No one was happy in the tarai with the Maoists because they called it Madhes Government but high ranks in their party were given to pahadis.”

After the 1 February 2005 royal takeover Upendra Yadav and Jaya Prakash Gupta, former general secretary of the MJF and present Nepali Congress MP started travelling back and forth between India and Nepal to prepare for a movement in Nepal. After last year’s April Uprising Upendra Yadav returned to Nepal and in the eight months after Jana Andolan II, the MJF had successfully held meetings in almost all the districts of Nepal. Since then, the forum and Yadav have been accused of both flip-flopping and forming alliances with Hindu fundamentalist groups in India, such as the Rastiya Swayamsevak Sangh (RSS). In December Yadav attended a meeting of rightwing Hindu groups in Gorakhpur and spoke out publicly about making Nepal a Hindu nation again. A month later he was leading the movement for a secular federal republic.

He can be highly influenced by others,” says Nepali Congress MP Amresh Kumar Singh, adding, “If you try to play with all the powers, you forget the cause you were fighting for.” Like most madhesi leaders who do not actively profess membership in the MJF, Singh too is said to have had a falling out with Yadav. Jaya Prakash Gupta, who is close to Yadav, says the accusations of alliances with the palace and Indian fundamentalist groups are misguided. “If mainstream political parties meet with big Indian leaders, no one calls that an ‘unholy alliance’,” Gupta told us from Biratnagar. Gupta said that since Gaur, Yadav has not been allowed to move freely or explain “his side of the story”.

That Gupta and other moderate madhesi leaders took a careful line on Gaur while speaking to us is an indication of the pan-madhesi appeal that the forum still has. On the one hand, they argued, Gaur was ‘retaliation’ for months of harassment and disruption of MJF meetings by the Maoists Tarai Mukti Morcha. On the other, most admit it was a tactical mistake. “If the MFJ had been willing to sit for talks right after the Madhes Uprising, they could have bargained their way into more madhesi representation and investigations of Lahan and Nepalganj, and pressured the prime minister to implement the promises made during his second address,” says Chandra Kishore, editor of Terai News Magazine in Birganj. “Now, after Gaur, everyone fears the forum as a criminal organisation.” Sarita Giri of the Nepal Sadbhawana Party-Anandi Devi, says the MJF is not in the least militant. “They are not armed, Gaur was retaliation against the Maoists because they had disrupted their activities in Bhairahawa and Nepalganj,” she argues.

Meantime, there is said to be a few faultlines showing in the forum, one between the more left-wing members and Yadav, and the other between Yadav’s supporters who believe this was the right time to register a party and Gupta’s group, which argues that fundamental issues need to be settled before deciding to contest elections. There are signs of a split in the ranks—an insider tells us that of the 25 members in the working committee, only 13 members’ names were on the list given to the Election Commission during registration. Gupta pooh-poohs this and says that though his proposal lost out, he will support the MJF as a party. Yadav gets the most publicity, but there are other prominent figures in the forum, such as veteran leftist leader Sitananda Raya, and MJF secretary general Ram Kumar Sharma. There are two vice chairmen Bhagyanath Gupta, a professor at Birganj’s Thakur Ram Bahumukhi Campus, and Kishore Biswas Tharu, a former member of Nepal Sadbhawana Party. “As a political party our agenda is pretty clear—we want democratic system of governance, autonomous federal structure, proportional elections, and we want Nepal to be a republic” says Jitendra Sonal, MJF’s secretariat member. Analysts say that given the lack of commitment seen on the part of the government to resolving madhesi issues, the MJF as a political party could take off stronger than those who call the forum irresponsible might imagine.

Source: Nepali Times, May 18, 2007

Nepal’s Maoists: Purists or Pragmatists?

Nepal’s Maoists have changed their strategy and tactics but not yet their goals. In 1996 they launched a “people’s war” to establish a communist republic but ten years later ended it by accepting multiparty democracy; their armed struggle targeted the parliamentary system but they are now working alongside their former enemies, the mainstream parties, in an interim legislature and coalition government. Their commitment to pluralistic politics and society is far from definitive, and their future course will depend on both internal and external factors. While they have signed up to a peaceful, multiparty transition, they continue to hone alternative plans for more revolutionary change.

Maoist strategy is shaped by a tension between purity and pragmatism. Although they stick to certain established principles, they have long been willing to shift course if they identify strategic weaknesses. Their changed approach was demanded by recognition of three critical flaws in their original plan: (i) they concluded their belief in military victory had been misplaced; (ii) they acknowledged they had misread the likelihood of determined international opposition; and (iii) they woke up to the failures that caused the collapse of twentieth-century communist regimes.
Despite having an authoritarian outlook, the Maoists maintained a culture of debate within their party; key issues have been widely discussed and hotly contested. From the end of the 1990s, they have moved gradually toward a more moderate stance. They changed positions in acknowledging the 1990 democracy movement as a success (they had earlier characterised it as a “betrayal”), in abandoning the immediate goal of a Mao-style “new democracy” and, in November 2005, by aligning themselves with the mainstream parties in favour of multiparty democracy.

Despite having an authoritarian outlook, the Maoists maintained a culture of debate within their party; key issues have been widely discussed and hotly contested. From the end of the 1990s, they have moved gradually toward a more moderate stance. They changed positions in acknowledging the 1990 democracy movement as a success (they had earlier characterised it as a “betrayal”), in abandoning the immediate goal of a Mao-style “new democracy” and, in November 2005, by aligning themselves with the mainstream parties in favour of multiparty democracy.

The Maoists have cultivated formerly hostile forces, such as the Indian government and the staunchly anti-Maoist Communist Party of India (Marxist), to the extent of alienating their foreign allies. Supporters such as the Revolutionary Internationalist Movement and Indian Maoists had backed their insurgency but have been vocally critical of the compromises made in the peace process. They think their Nepali comrades have betrayed fundamental principles and thrown away the practical advantages they had secured through their armed struggle.

For Nepal’s Maoists, however, the balance sheet at the end of ten years of “people’s war” is more complex. They believe they have secured some lasting advantages, from their own dramatic rise to influence (with a support base and military force hardly imaginable in 1996) to their reshaping of the national political agenda (promoting formerly taboo causes such as republicanism and federalism). But the course of the war persuaded most of their leadership that they could not go it alone and would have to be more flexible if they were to build on these gains.

The peace process has forced practical and theoretical rethinking. Leaders have tried to present a more moderate image as they balance complex equations of domestic and international support and opposition. Maoist ministers have to cooperate with colleagues from other parties and work with the bureaucracy even as they plan a possible insurrection and plot to isolate “regressive” opponents. Ideologically, they define the peace process as a transitional phase in which they can destroy the “old regime” and restructure the state. They justify this by saying their acceptance of a bourgeois “democratic republic” is only a stepping stone on the way to a true “people’s republic”. Leaders argue that they can create a new form of “peaceful revolution” that is true to their communist aims but reflects the reality of Nepal’s politics.

It is tempting to brand the Maoists as either rigid radicals or unprincipled opportunists but neither characterisation explains the whole picture. Their threats to revert to mass insurrection satisfy traditionalists in their own movement and cannot be ignored. But leaders who have fought hard to forge a new approach will be loath to turn their backs on the hard-won advantages they have secured through compromise. They know they face internal opposition but believe they can hold the line as long as the peace process maintains momentum and allows them to achieve some of their headline goals.

Their likely behaviour as the process moves forward, therefore, will depend upon the role of other political actors as much as their own decisions. If the mainstream parties keep up a strong commitment to the constituent assembly process, the Maoists will find it hard to back out. If this route is blocked, the Maoists may find their effort at controlled rebellion slipping into renewed conflict beyond their leaders’ control. If this were to happen, the Maoists themselves would be big losers. But so would the democratic parties and, even more so, the people of Nepal.

Source: Abstract from International Crisis Group, Report on Nepal, May 18, 2007