Two suspicious of polls

Yubaraj Ghimire

As the countdown for the April 10 election to the constituent assembly begins, the most powerful leaders are busy distorting the main intent of the whole exercise. The election, deferred twice in the past, is meant to elect the constituent assembly that will chart out Nepal’s future constitution as well as the model of government that people will elect through another election later.
But Kathmandu’s walls are painted red with graffiti by Maoist cadres saying ‘let us elect Prachanda as the first President of the Republic of Nepal’. Prachanda, chairman of the Communist Party of Nepal-Maoist (CPN-M), himself has stated that he will be president now at 55 and remain there for another 20 years during which Nepal will transform into one of the developed countries in the world. But the hidden message is simple: that once he is in power, Nepal will usher in a one-party authoritarian rule where change of government through the ballot will be impossible. After all, the CPN-M has also made it clear that their role model is Kim Jong II of North Korea.
Pitted against Prachanda is the octogenarian G.P. Koirala, the interim prime minister who is also discharging duties of the head of state, with King Gyanendra in a state of suspension. Koirala, in fact, began behaving like a king soon after Indian Prime Minister Manmohan Singh called him a ‘legendary leader’ of South Asia, ignoring Koirala’s vices — mainly corruption.
When the interim constitution said the prime minister will also discharge responsibilities of the head of state, it was not meant to make him into an all-powerful dictator, but simply to get him to do jobs like accepting the credentials of ambassadors, something the king had been doing earlier. Koirala, however, went beyond that expectation. He literally curtailed the king’s right to religion even as in the individual domain and began acting like a ‘Hindu monarch’ during major Hindu festivals. He ignored the fact that Nepal’s revived parliament had made it a secular state from a Hindu kingdom, and that the head of state or government was no more expected to associate with one or the other religion. But he couldn’t resist the temptation to be like the king. In his personal life, he has avoided observing any Hindu rituals, even when his parents died long ago and his two sisters-in-law died within a year recently.
Politically also, he wants to introduce the Koirala dynasty in the politics of Nepal. He recently inducted his only daughter, Sujata Koirala, as a minister without portfolio in the cabinet. He never concealed his wish to make her prime minister — preferably when he is still alive — despite the fact that Sujata is one of the most controversial personalities in the Congress party, sometimes, a synonym of corruption. Interestingly, Koirala’s daughter has stated time and again that she is in favour of monarchy being retained in one or the other form. Her party has however, adopted a pro-republic position during its last general convention.
In a party with a monolithic leadership, Koirala has been able to give a message that like the all-powerful king, he or his daughter are above the party discipline and norm. That’s why no one from the party has so far questioned or demanded action against his daughter. There is speculation that should the April 10 election be called off like it has been twice in the past, given the prevailing law and order situation, Koirala knows that his days are over, along with that of the present coalition arrangement. As radical Maoists are sure to try to capture power through the gun once again, Sujata hopes to rally monarchist and democratic forces around her, with her father loaning his residual support base of the Congress party to her.
In fact, there is a visible amount of deceit and dishonesty both in what Koirala and Prachanda have been doing —both are taking a pro-election position, although, both know elections do not suit their ambitions. Moreover, with acute shortage of fuel and total dislocation of essential services in the country — that has triggered mass anger against the present government — Koirala knows his fate if elections are held. Prachanda has already given too many excuses to call them off by letting loose his supporters on political opponents, and by painting the campaign as a poll for a future president.

Source: The Indian Express, February 21, 2008

Two Armies: A War Of Words

Shyam Bhandari

The Nepali media is awash with opinions, allegations and counter allegations on the question of the integration of the two armies - People's Liberation Army (PLA) and Nepal Army (NA). The whole thing seems to have been triggered off by Chief of Army Staff (CoAS) Rukmangud Katwal's reaction to the 23-point agreement chalked out between the Maoists and the government regarding the integration of the verified PLA personnel with the NA. Speaking to reporters at the airport before embarking on his China visit on January 8, the CoAS is quoted as saying, "In the name of institutionalising the peace process, any political 'ism' or ideology should not be introduced in the Nepali Army. The Nepali Army operates under the people's chain of command, and it should be kept untainted. There should be no political influence on the Nepali Army. Political influence on the Nepali Army will only invite bigger problems in the country."

This was immediately followed by Maoist leader Krishna Bahadur Mahara's reaction: "The army chief's statement is against the spirit of the comprehensive peace treaty (CPA) between the government and the CPN-Maoist. The statement is ill-timed and unfortunate." The PM is reported to have supported the CoAS's stand "all-out" on January 9, and denouncing it the very next day. The prime minister retorted to his usual lame excuse of "the media distorted my views", which could well have been the fallout of Prachanda's allegation the previous day that the prime minister's statement was against the letter and spirit of all the agreements signed so far.Add to that Sher Bahadur Deuba's ignorant revelation that nowhere has it been mentioned that the Maoist army will be adjusted in the NA in any accords, including the comprehensive peace accord, interim constitution and the latest 23-point agreement, and there could be nothing more confounding.

Justified

The CoAS may or may not be justified in his stand. What he has said may or may not be in the best interest of the country's future, if not the present. Not to overstate, the NA is the institution that has been free from politics. Those who distort the views of the army vis-୶is its desire of remaining free from 'isms' are doing injustice to an institution which has demonstrated time and again that it is on the side of the country and the people far more than any of the people's parties can claim in their wildest misjudgement of themselves. What better proof do we need than the fact that this institution has always stood quietly in the sidelines allowing the people's desires to take precedence even when opportunity provided for it to overstep its jurisdiction? How else can one explain the NA's readiness to side with democracy rather than the monarchy that it has served ever since its existence? The Maoists have every right to demand that the provisions in the interim constitution be implemented so that their former combatants can be integrated back into the society. Their demand is also justified as they have sought to stick to the demand that the government implement the provision in the interim constitution regarding the armies 'word for word'.

The Way Out

The Nepalese people have had enough of politicking in every imaginable place and entity, in the schools and colleges, offices and organisations, in the streets and what not. We have already witnessed what politicised students can do to the country, and we have experienced what blending the bureaucracy with ideology begets. As if that has not been enough, they are now talking of infesting the army with hardened, indoctrinated ideologues. Imagine the outcome in the long run - uniformed, gun-totting politicos dictating democracy to us in a New Nepal. All said and done, there is still the question of reintegration of the PLA members for which there are several options other than integrating them with the NA. How about creating an unarmed reconstruction and development force out of the former Maoists combatants? They could be entrusted with building roads, bridges, schools, community hospitals and other much-needed infrastructure. The government could pay them at par with the NA, while still saving huge sums on arms and ammunition that it would need to buy for them otherwise. This would also serve as a purgatory for the Maoists that so pitilessly destroyed the infrastructure of this country during their people's war.

Source: The Rising Nepal, January 14, 2008

CA election : Settle political questions first

Shailendra Kumar Upadhyay

Once again the people have been assured by SPA government that Constituent Assembly polls would be held before the end of 2064 BS. This announcement has given people new hope. However, the Adivasi Janajati Mahasangh and the newly formed Tarai-Madhes Party have expressed dissatisfaction and blamed the government for ignoring their demands. This has compelled people to remain cautious and not get carried away.

The issues raised by Janajatis and Madhesis have to be addressed and resolved for holding of free and fair election participated by all sections of the population. Since failure to hold the polls twice has already tarnished the image of the government, further uncertainty would only add fuel to the question of its legitimacy and push the country towards anarchy. Therefore, certain tasks have to be accomplished before the ballot date.One of the main demands of dissident groups is an agreement about the rights of the units in the future federal state. In the Tarai region, there is demand for a single unit encompassing the whole Tarai region. There are also demands for a Tharu unit or units based on Maithili, Bhojpuri and Awadhi language-speaking areas. In order to resolve the issue, either a political conference of all stakeholders in Tarai (including the political parties) has to be held or a referendum should be called to determine the aspirations of the Tarai people.

Holding a referendum before the CA polls looks neither easy nor feasible; the only alternative is to hold a political conference. The other means could be holding a referendum simultaneously with CA election. It would put an additional burden on the Election Commission (EC) but would ensure larger participation of the people that would help the government take crucial decisions on the formation of new units composing a federal state. Since the interim constitution has already declared that the structure of Nepal would be federal, the constituent assembly has to determine the shape and size of federal units. An agreement among the stakeholders on the formulae for creation of new federal units, therefore, has to be found.

In the hilly areas, there seems to be an overwhelming desire among the public for the creation of federal units on the basis of dominant ethnic groups — that takes care of the language issue as well, as each ethnic group has its own language and culture. In the Tarai, however, the language issue and the issue concerning the cultural heritage of Tharu people remain sensitive. Naturally, in order to determine the aspiration of the sovereign people a mechanism has to be developed which does not hamper the constituent assembly election and also ensures peaceful, free and fair polls.

A new state structure in itself is not sufficient to build a new Nepal where all the citizens would have equitable share in policy-making and administration. The rights of an individual cannot be compromised on any ground. The essence of inclusive democracy is respect for the rights of every individual, no matter what community or group s/he belongs to and irrespective of the place s/he resides. There should be no move to evict any individual or group on any ground whatsoever and any such attempt must be punished as a criminal offence. The dominant groups would play the major role in the federal units but the minorities too would have their say as individuals and groups in a secure atmosphere. The issue of the right to self-determination has to be defined clearly and addressed in earnest. The people of each area under the federation ought to enjoy the right to determine the administrative, legislative and judicial apparatus, but not the right to secede, declare independence or merge with another nation. Abraham Lincoln, the most admired president of the then largest democracy, could not tolerate the act of secession by the southern states of the USA. The new units in the federation ought to have total control over their territories in all governance-related matters.Though we do not have sufficient time to linger in discussions, we have enough to convene a political conference on the limited agenda of formation of the new units and its basis and leave the details to be worked out by the constituent assembly in which all the stakeholders would have equitable participation. The need of the hour is to pay attention and show the willingness to accommodate the demands of Janajatis and Tarai in all seriousness.No amount of poll preparations will be enough to hold the election in peaceful, free and fair atmosphere unless the political questions are first resolved. The technical aspects of the polls have been laid out by the Election Commission well in advance, however the political aspects remain unresolved as yet. The only way to ensure polls is to motivate people to participate in the election with a clear mind that can weigh sensitive issues on their merit.

Source: The Himalayan Times, January 14, 2008

Maoists not likely to join govt: Vaidya

Kathmandu, Nov. 6: Senior leader of the CPN-Maoist Mohan Vaidya 'Kiran' has claimed that the leftist force has to lead the seven party alliance and move ahead accordingly in order to end the present political deadlock. Talking to The Rising Nepal, Maoist leader Vaidya said that the special session of interim parliament has brought the leftist forces closer and mounted moral pressure on the leadership of the present government. ?The special session of parliament has passed the motions on republic and proportionate representation system for the constituent assembly," he said adding that the onus now lies on the government to sincerely implement the decision of the House. He warned that the government would eventually collapse if it ignored the sentiment of the House and failed to implement the instructions on these vital national issues. The endorsement of the motions for declaring republic and adopting fully proportional electoral system is against the authoritarian tendency of the Nepali Congress and it clearly calls for genuine democratic practice in the functioning of the government, he said. ?The decision is of vital importance as it has underscored the urgency of institutionalising the republican setup and fully proportional election system by amending the interim constitution, which reflects the aspirations of the people," the senior Maoist leader claimed. According to him, the government is now under the obligation to present a bill in the parliament and act accordingly to ensure that the House decisions are implemented. ?For this, our activities should be focused to help the government carry out the House instructions and hold the CA election as early as possible."Asked how the Maoist party would move ahead to implement the House decision, Vaidya said that the government was already facing a moral question regarding the recent House decision. ?Our efforts would be to exert pressure on the government in a peaceful manner to act in line with the spirit of the House motions on the republican setup and proportional representation system."?It is up to the Nepali Congress whether or not to move ahead as per the democratic norms and practices. If the government does not follow the parliament's instructions, it will lose its credibility and will also lose the right to rule.Regarding the provision in the interim constitution for implementing the adopted proposals he said, ?the constitutional provision of the two third majority for adopting the motion on monarchy is a technical one. Moreover they are related with the CA election and the majority lawmakers have passed the motions. They are of political importance. Now we have to see whether the Congress wants the election or not. It depends on how the government responds to parliament's instructions. If the government ignores or makes unnecessary delay to implement them, we will start people's movement. Therefore, the government should act accordingly or else invite its eventual collapse."He clarified that the party would not join the government even after the government implements the instructions. ?The condition for us to join the government is the end of the authoritarian attitude of the Congress and creation of environment for the genuine practice of lokatantra in which the government operates on consensus," he said.Denying rift in the seven-party alliance because of the division in parliament during the voting, he claimed the voting in parliament has created a new basis for alliance among seven parties. This unity must be strengthened to institutionalise a republican set up in the country.?Maintaining the alliance is the need of the hour as it has not achieved its goal of holding CA election and thereby ensuring restructuring of the state. This mission was set when the seven parties and our party reached the 12-point understanding two years ago," he added.Vaidhya termed the leftist unity seen in the voting as the victory of the Nepali people and against the hegemonistic attitude of some partners in the alliance. ?The left unity should not undermine the SPA or alienate the Congress, but it should rather be used to strengthen the alliance to foil the conspiracy of reactionary and imperialist forces. As the leftist force is a progressive force, it has the responsibility to work for a free and fair CA election and the leftist have to reorient their activities towards the free and fair election."At the same time, the Maoist leader warned of fresh agitation if the government ignored the other demands of the Maoists. ?The issues concerning the whereabouts of the disappeared people, providing relief to the family of the martyrs, facilities and salary to the Maoist combatants are humanitarian issues, which must be addressed with priority. How can we go for polls without addressing these issues?" he said.

Source: The Rising Nepal, November 7, 2007

House Decision

THE special session of the parliament reached a majority decision in which it concurred on a federal democratic republic ahead of the Constituent Assembly elections and a fully proportional election system. The special session saw intense deliberations for a protracted period amongst the leaders of the political parties and the parliamentarians. That this decision was reached augurs well for the peace and democratic process of the country that at one time looked like floundering, much to the chagrin of the people at large who had made great sacrifices.

At one time, it was feared that the Seven Party Alliance was on the verge of breaking up as the negotiations were taking place, but finally reason prevailed, and the alliance remained intact. Unity amongst the political parties is crucial at this time, especially at a time when efforts are underway to hold the Constituent Assembly elections. This has now opened the way for declaring the date for the Constituent Assembly elections that would decide the future course the country would take. Due to adverse circumstances, the elections had to be postponed twice. This had drawn not only widespread anxiety in the country, but also of the international community that wanted to see the successful culmination of the peace and democratic process.

However, what is to be noted is that the parliament had failed to garner the required two-third majority to immediately declare the country a republic by changing the interim constitution. The decision reached by the House comes at a time when it is being questioned if the Constituent Assembly elections can be held in a free and fair manner without fear and intimidation of the voters. There are regressive elements that are bent on creating an environment that is not congenial for the holding of the elections. Such attempts should be thwarted and the disgruntled elements, some of whom have genuine grievances, should come to the negotiating table to sort out matters so that the important exercise of holding the Constituent Assembly elections can be brought to fruition.

In any case, the House decision should be hailed by all accounts as there was giving and taking on key issues in the proposals, whereby the Maoists withdrew its motion for the immediate declaration of a republic and the consequent UML support for a fully proportional electoral system. Now that various issues that served as impediments for the successful holding of the Constituent Assembly polls have been thrashed out, the country looks forward to the continuation of the democratic exercise with the hope that the peace achieved in the country will be lasting.

Source: The Rising Nepal, November 7, 2007

The Political Stand Off In Nepal

Harsh Dobhal

This week, Maoists have resigned from the government after most governing parties opposed their demand that the monarchy be abolished before the elections scheduled in November. They have clearly accused PM Koirala and his Nepali Congress of trying to protect King Gyanendra and have warned to start a new "people's revolt" for the abolition of monarchy. Maoists were quick to gather that conservative elements in political parties are gathering together. Other coalition partners contend that the decision about Nepal's future political system should be decided by a special assembly after the November elections.

Having suffered for decades at the hands of a brutal, Royal Nepalese Army, armed police and king's other security forces, the people of Nepal rose in millions during the April revolution last year with a clear objective in mind: abolition of the centuries-old monarchy.
Despite American, Chinese and Indian chess games of diplomacy, the people of Nepal succeeded in putting their stamp on history and the king was forced to retreat and give up his absolute and unlimited powers. As in all revolutions, there was always the danger that the forces of reaction would regroup and old hawks of Nepali politics will try to have their way.

After over a decade of underground struggle, Maoists came over ground, disarmed and joined the government with the Seven Party Alliance. They put forward a series of unprecedented proposals for the restoration of true democracy, the disarming of the militia and drafting of a new Constitution. It was a brave decision by Maoists to outline the roadmap for a brave new Nepal.
Maoists, as much as the people, were always clear that monarchy should have no place in Nepali politics, that the country should be immediately declared a Republic. They never had any doubt that Nepal needs a general election, having abolished monarchy where the most marginalized - the dalits, the adivasis, madhesis, vanvasis, women, minorities and other weaker sections - will have adequate representation.

At that time the move was seen as an end to their armed rebellion and this little, beautiful Himalyan nation appeared to be on the threshold of a new era. This week, Maoists have resigned from the government after most governing parties opposed their demands that the monarchy be abolished before the elections scheduled for November.
They have clearly accused Prime Minister Girija Prasad Koirala and his Nepali Congress of trying to protect King Gyanendra and have warned to start a new "people's revolt" for the abolition of monarchy. Other coalition partners contend that the decision about Nepal's future political system should be decided by a special assembly after the November elections.

The Maoists had earlier joined the interim government in April 2006, after signing a peace agreement with the government. The new developments simply signify the fact that Nepal's politics has been slowly but steadily lapsing into complacency from such momentous changes that were paving the way for not just consistent and lasting democratisation of the State but also its secularisation from a declared only Hindu State.
Maoists were quick to gather that conservative elements in political parties are gathering together. However, these forces would be compelled to come to negotiation with Maoists as the tide might rise once again. Maoists may have lost some ground after April Revolution of last year, but they have enough base to win back that ground. And they know it, for otherwise none is going to be as hard hit by new developments as Maoists who had laid down their weapons at a time when the mood in Nepal was upbeat.

The crisis that had been gathering over Nepal howsoever surreptitiously during past few months bode ill for the Maoists. And, they had no option but to take a strong decision to quit the government. Koirala had sadly been missing this till the Maoists decided to part away with his dispensation. Even if the country goes to polls on November 22, the appeal of the Maoists would be powerful, as they have raised more basic issues than merely electing legislators. So it is in the best interest of the government and the people to see as to how the Maoists' participation in not just polls but the political process is won back.

India has come under Nepalese ire, for Koirala has been blamed of toeing New Delhi's line. Yet, the fact is that the Manmohan Singh Government is grappling with its own crisis where the Left is miffed by it over the nuclear issue and it lacks the kind of cohesion that it had until last year when the Nepal crisis was solved.
India can facilitate in solving a crisis in a neighbouring country like Nepal, but it can only ill afford to dictate anything to any one. The move by Maoists has raised fresh questions about the peace process and stability in Nepal. Will the feudal, pro-monarchy forces and their external patrons come together for maneuver? Does the political mainstream of Nepal now belong to these elements or to radical forces?

Is the spirit of the April revolution still lingering in the hearts of Nepalese people? Are some of the parties engaging in a conspiracy against the peoples' aspirations and demands? The answers to these and many other questions will unfold in coming weeks and months.

Source: Counter Currents.Org, September 25, 2007

Sounding the red alert

SD Muni,

With the Maoists quitting the government, there is a real risk of the peace process in Nepal going astray. Though the leadership has promised to keep the struggle peaceful, the country faces a serious crisis

The decision of Nepal’s Maoists to quit the Eight-Party Alliance government and launch a ‘peaceful’ agitation for the establishment of a republican Nepal even before the Constituent Assembly (CA) elections is, on the face of it, a breach of their commitment. In their Comprehensive Peace Agreement (CPA) of November 2006, with the G.P. Koirala-led Seven Party Alliance (SPA), the Maoists had agreed to let the elected CA decide on the issue of monarchy or republic in its first meeting. The Maoists have also reversed their earlier decision to opt for the elections on the basis of a mixed system of direct and proportional voting. Now they want a wholly proportional basis for the elections. These are the two principal demands in their 22-point charter that the SPA has refused to accept.

The Maoists are driven by three motives. The first is that they have genuine concerns over the ‘regressive forces’ led by the monarchy that will not allow smooth, free or fair elections, only to ensure that the republican agenda is thwarted. The role of these forces in fuelling the Terai violence, instigating the recent blasts in Kathmandu and vandalism in the Terai region are cited by Maoists to justify their fears. In their assessment, the present king and his coterie, though politically redundant, have enough resources to create mischief. They refer to the June 2007 amendment to the interim constitution which says that if the king is found to be disrupting the peace process, the interim parliament may, by a two-third vote, declare Nepal a ‘republic’. But the Maoists suspect that sections of the SPA, as well as countries like India and the US, would still prefer a ceremonial monarchy over a republic.

Second, the Maoists complain about being shabbily treated by the interim government and that they were kept out of the key ministries of home, finance, foreign and defence. None of the important ambassadorial assignments, in India, China, US and Britain, were given to them. In other critical administrative and political appointments, they were not offered adequate representation. Their cadres have not been given promised facilities. They also allege attempts to marginalise them politically. The turning of the Madheshi movement against the Maoists that seriously dented their political base in Terai is pivotal to this impression. The Maoists have a real fear that the drive against them will lead to a serious slump in their electoral prospects. They have, accordingly, been asking for an assured share in the winnable seats in the elections.
The internal divisions within the Maoist organisation have deepened. There has always been two viewpoints among the Maoists: those who want to get into the democratic mainstream and the rest who want to carry on with their ‘struggle’ until all their demands were met.

Prachanda and Bhattarai can ignore the 22-point demand charter at the cost of their credibility within the organisation. The Maoists, however, are conscious that their move will lead to sullying their public image and international reputation. They were desperately seeking a face-saving mechanism to solve their political dilemma. They proposed a parliamentary resolution to declare Nepal a republic before the elections, but subject to final endorsement by the elected CA. Prime Minister Koirala refused to concede that, as that would have made the elections appear to have ben fought on a Maoist agenda, giving them huge political mileage.

The Maoists’ action has raised serious questions on the peace process as a whole. They have threatened to withdraw from the CPA as well as various understandings worked out with the SPA. There is a real possibility of accidental violence as well as a possibility that hardliners among the Maoists can instigate violence. Though the Maoist leadership is committed to keeping the struggle peaceful, but there is real risk of losing control.

The Maoists may realise that it will be impossible for them to achieve their political goals through an armed struggle particularly under an internationally supported democratic government. The regressive forces and all those who have stakes in disrupting peace and stability in Nepal may also exploit the opportunity provided by the Maoist agitation. This can only serve to worsen the suffering in the poorly governed mountain nation. A further loss of credibility of the democratic experiment will only frustrate the aspirations of the Jan Andolan-II of April 2006.

All those who have stakes in a stable and democratic Nepal, particularly India, need to ensure that the narrow political space still available to resolve the crisis is harnessed constructively.

SD Muni is visiting scholar, IDSA and Editor, Indian Foreign Affairs Journal.

Source: The Hindustan Times, September 20

CA Election : Crisis Of Confidence Is The Obstacle

Vijaya Chalise

The Nepal Communist Party - Maoist (NCP-Maoist) is organising a round table conference to discuss ways of making the Constituent Assembly (CA) polls meaningful। The Maoist party in its 22-point demand had asked the government to organise a round table conference to decide on the issue of declaring a republican state and holding the CA election using the proportionate system. The Maoist leaders think the right conditions for the CA polls cannot be created by ignoring their demands.

Ultimatum

The party had formally given an ultimatum to the government, threatening to leave the interim government and launch a massive people's movement if their demands are not met by mid-September. Senior Maoist leader C. P. Gajurel claims that the CA election would not mean much and would fail to yield the desired results unless their 22-point demands, including announcement of a republic before the polls, is not met. He says their demands would help to build an atmosphere for the election. Obviously, the Maoist claim cannot be ignored as some incidents clearly indicate trouble by the feudal forces that do not want the CA election.The Maoist's ultimatum and the other political parties' hesitancy in preparing for the election have shed doubt as to whether the election would be held on the declared date. The Election Commission (EC) alone seems prepared for the polls. It has urged the political parties to get into the spirit of the elections. However, apart from the Nepal Communist Party (United Marxist-Leninist), many of the major political parties are not enthusiastic about electoral contribution. As a result, the people and, perhaps, the authorities concerned, are not fully convinced that the polls will take place on November 22. Prime Minister Girija Prasad Koirala time and again has been reiterating his commitment to holding the elections on schedule; however, his own party has not given the impression that it is prepared for the election as its priority, i.e., party unification, is yet to be fulfilled. The Nepali Congress - Democratic (NC-D) is also giving priority to unification. Besides, the Mahasamiti of the Nepali Congress has yet to endorse the party's decision of going for a federal democratic republic.

Then again, the Nepal Communist Party - Maoist's threat of a mass movement has also created uncertainty about the CA polls. The Maoists have given the government until September 17 to address their demands. These are the issues that must be discussed and sorted out by the eight-party coalition. Obviously, the Maoists, who claim that the CA is their agenda, should not, and would not, turn their back on the polls. Since they have expressed their commitment by signing the peace accord, one can hope that they will not be missing form the election. But the seven-party leadership, too, should urgently turn their attention to the 22-point pressing demands and discuss them by calling a meeting of the eight-party leadership. Obviously, the CA is a platform to address all kinds of problems as said by Prime Minister Koirala. However, if there is a possibility of using this platform by unwanted forces, it will be wise to bar that possibility. The Maoists reasonably think that if the CA election is held without declaring Nepal a republic, there is a danger of using it by those regressive forces. Maoist Party Chairman Prachanda says that an election conducted without fulfilling the prerequisites will only make the regressive forces more powerful. Their doubts are backed by the incidents in the Terai and a series of explosions in Kathmandu.

An alliance led by Hindu fundamentalists to contest the CA election with the common goal of safeguarding monarchy and reverting Nepal to a Hindu state seems to back the Maoist thinking. News reports affirm that at least 19 small and newly registered parties have formed a "Nepal Democratic Alliance" that will jointly contest the CA election. News reports say several other parties, which are not in the alliance, are also going to the polls with a pro-Hindu and monarchist agenda. This shows that polarisation is inevitable between secular Republicans and Hindu monarchists. In this context, those parties favouring the people's aspirations of a new republican Nepal, obviously, should think of the Maoist's proposal seriously. Either the eight parties must go to the poll with a common commitment to a federal republic or fulfil the Maoist's demand of declaring Nepal a republican state prior to the CA elections. It is not impossible now as the Nepali Congress has decided to go for a democratic republic. Even some parties considered close to the monarchy will be pressured to go for a democratic republic because it will be almost impossible for them to go to the people in support of a ceremonial or constitutional monarchy. The present state of confusion as to whether the CA election would be held on November 22 should be ended as soon as possible as the nation has formally entered into the election process. No doubt, the country will have to face dangerous consequences should the CA election fail to be held on November 22 or if the Maoists are forced to leave the government to join an agitation. Therefore, frequent meetings are needed to build up the election mood in the country and address the agitators' demands, including those of the Maoists, to remove obstacles to the elections.

Consultations and discussions are urgently required to realise the prime minister's election commitment. Because he is a responsible leader of the government as well as the eight-party alliance, he himself should take the initiative to build an environment for regular meetings and consultations. Unfortunately, an eight-party meeting has not been called yet. Without the eight parties meeting, the issues raised by the Maoists and other agitating groups cannot be discussed, and differences between the major political parties cannot be settled. People want strong eight-party unity to fulfil their aspirations of building a new Nepal where all citizens will exercise equal rights and opportunities, and will be able to build a peaceful and prosperous Nepal. Conversely, the political parties and their leaders are ignoring the broader national interests and people's aspiration, remaining a prisoner of individual and narrow party interests.

Instability

All should honour the people by going to the polls, keeping the eight-party unity. Perceptibly, if the Maoists leave the government and are forced to go on an agitation, the country would have to face serious consequences. It could invite instability that will only help the regressive forces. Therefore, leaders of all the responsible parties should give proper attention to building confidence among them through frequent meetings and consultations.

Source: The Rising Nepal, September 15, 2007

Constituent Assembly Election and Madhesh Turmoil

The Madhesi movement has reminded us of the need to take a critical look at dealing with the problem of intolerance and ethnic prejudice that has for centuries plagued the nation.

Bindu Chaudhary

People of Nepal are, for the first time in history, going to draft a new constitution themselves through the Constitutional Assembly. This is certainly a landmark victory that has granted Nepalese their sovereign power to address the people’s aspirations and institutionalize the achievements of the popular movement.

It is a well known fact that even after the success of the 1990 people’s movement (Janandolan I), the political parties chose to ignore the rights of the oppressed nationalities including the Madheshis, reflected by the discriminatory provisions in the 1990 Constitution of Nepal. Again, the CPN-Maoists had promised federal state in MBindu Chaudharyadhesh, rights to self determination and many other assurances during their decade old revolution, and similar promises were made by the leaders of all other political parties following the 2006 April Revolution (Janandolan II). However, the interim constitution they promulgated reflected that their promises were merely to deceive Madheshis as it paid no attention to their representation in the decision-making body of the State - the ground that paved the way for the Madheshi movement (now called the Janandolan III).

Madheshis have been pressing for rights based constitution, which envisions constitution as a mechanism for entrenching and protecting individuals’ rights. As bona fide citizens of Nepal, Madheshis are the rights-bearers who are justified to claim their rights for constitutional participation on the basis of the right that they hold as individuals and on the basis of collective rights of an ethnic group. Getting a constitutional foothold and constitutional recognition will not only give Madheshis a sense of ‘inclusion’ and ‘self-esteem’, but constitutionalizing rights will also help the government comprehend that the Terai, which contains 49% of Nepal’s 26 million population, 23% land area and 20 of the 75 districts, belongs to Nepal as much as the Madheshis- it can’t be one and not the other.

The issue therefore relates to a movement against the state’s discriminatory politics, a fight for recognition of rights, and a struggle for equal representation and opportunity. The Madheshis are demanding nothing much but their rights of human worth and dignity, which they think can fairly be achieved by the right to self-determination; proportional representation in the constituent assembly; restructuring the constituencies based on population; federal system with regional autonomy; and elimination of all forms of discrimination practiced by the state mechanism.

Thanks to the unity expressed by Nepalese around the globe, and thanks to the international support, the movement has been successful in maintaining its momentum- sparking wide public attention and concerns about the lack of respect for equality of human beings and the violation of human rights through the plethora of racially discriminatory policies and practices.

The domestic front

• Madheshis could not pin their faith in the Prime Minister’s first address to the nation on January 31st which was an attempt to mislead Madheshis by promising that the Constitution Assembly elections would address the Madheshi demands. On Feb 7, the Prime Minister had to address the nation again, in which he announced federal system of governance, increase electoral constituencies based on population growth and increase the number of seats for election to be held on the basis of proportional representation.

• The interim constitution was amended twice within a few months of its promulgation, but failed to accommodate the demands raised by the Madheshis. In the same tune, the government made some headway by inviting Upendra Yadav led MJF for talks, but with the stipulated pre-conditions, the five rounds of talks remained inconclusive. Nevertheless, as it is said, “Rome was not built in a day”, thanks to the perseverance and firmness of the MJF, the sixth round of talk held with the government team led by Peace and Reconstruction Minister Ram Chandra Poudel on August 30 marked jubilation amongst the Madheshis.

• The Government-MJF ultimately reached a 22-point agreement, which includes compensation to those killed during the Terai movement, guarantee of inclusion of Madheshis and other marginalized groups in the constituent assembly, autonomy to the states in the federal system to be designed by the constituent assembly, among others. The MJF similarly agreed to the constitutional provision of mixed electoral system for the upcoming constituent assembly election and announced withdrawal of all the agitation programs, stating that his party can now concentrate on its election campaign. The MJF has gained positive credibility in due course of the movement and has been elevated as a powerful political force in the country.

• On the other front, the CPN (Maoist) has raised serious objection to the 22-point agreement between the Government and the MJF, stating that the agreement is a conspiracy inspired by the ‘divide and rule’ theory of the Government, and that it only added fuel to the Madhesh fire. Further, they have also called for the postponement of CA polls, and have threatened to launch a nationwide agitation if their demands, including declaration of Nepal a republic and removal of Army from the royal palace, are not met before the CA polls.

• Security scenario is not that encouraging as more and more groups are emerging such as Janatantrik Terai Mukti Morcha (Goit), JTMM (Jwala Singh), JTMM (Bishfot Singh), Madheshi Mukti Morcha, Madheshi Tiger, Terai Cobra Group, Madhesh Mukti Force, Terai Tiger, Terai Army, AASK Group, Tharu Mukti Morcha, Chure Bhawar Pradesh Ekta Samaj, Janajati Mahasangh, TM Don Group, Young Communist League etc., and many of them with militant characteristics are doing their best to strengthen their positions as new armed groups in Terai. In addition, the independent media in Terai faces hurdles in reporting, publication and distribution of newspapers. The situation is bad and getting worse.

The International front

• Amid these, one thing that has remained most encouraging is the unity expressed by Madheshis around the globe. Following the movement, the media has been overwhelmed with news and views on Madheshi movement; there have been discussions and debates on the peaceful resolution of Madhesh issue; the Nepalese Diaspora have channelled possible resources, supports and encouragements to the victims and the survivors of the Janandolan III… in short, the number of Nepalese, including Madheshis and the concerned Pahadis who are working nationally and internationally, from micro to macro level, and through individual and organizational efforts trying to help Madheshis get their share of pie, is simply exemplary.

• There has been intense pressure from the UN Human Rights Organizations and other International bodies on the government to play an active role in combating prejudice against the Madheshis and to hand over their rights. They have been impartial and have voiced out against illegal detentions, police brutalities and against biased reports even at times when most of the civil societies and Nepali Human Rights organizations had acted indifferent.

• Nepal has already received support and words of assistance from India, United States, European Union, United Nations and other countries to conduct the election on time, in a free and fair manner and to get maximum, informed participation from the voters. They have emphasized that the legitimacy of the Nepal Government and the parties would be questioned if the election is deferred again.

• The United Nations Electoral Expert Monitoring Team (EEMT) has emphasized on the need to improve the security situation in the country and has stressed on the need for cooperation among political parties to create adequate election climate and to expect free and fair election.

What Next?

It’s no use crying over the spilt milk. The present priority should be the formation of an inclusive and representative assembly to draft a right-based constitution as per the mandate of the movement. The government should mobilize the support of national and international communities including the United Nations, to ensure a timely, peaceful, free and fair CA election, the only available non-violent approach to help achieve lasting peace and consolidation of democracy in the country.

The electoral seats for CA election are 497, of which 240 would be elected directly, 240 by proportional election, and 17 would be nominated. Presuming that the election is held fairly under the mixed system, 164 Madheshi people would be represented including 38 women. For Madheshis, this could be an opportunity to collectively voice their opinions and democratically convince other CA members to address the issue of inclusion. Whereas, for the major political parties such as NC, UML, CPN-Maoists and NC (D), it might mean having to lose many seats in the CA election which they have been enjoying in the restored parliament.

The date for the CA election, which has already been postponed twice, is now fixed for 22 November. Nonetheless, owing to (i) the fear and insecurity of the political parties; (ii) the Maoists’ insistence of taking part in the election only if they are guaranteed with some safe seats, or manoeuvring to put off the November elections for CA till mid-April next year, or owing to (iii) the deteriorating law and order situation in the country, particularly the Terai region, there are doubts in the minds of many that if at all it would be possible to hold the election at the stipulated time and secondly, if the election could be held in a free and fair manner.

The ambiguity amongst people is legitimate in the absence of a favourable election climate when the election date is just a few weeks away. If the government is determined about the election date, which seems to be true until now, the ruling political parties need to issue a joint public statement expressing their unified commitment for conducting a timely election. They also have an important task of concentrating on issues like security, management of cantonments and spreading themselves out to the villages and towns to interact with people about the CA polls, encourage them to participate in the historic exercise and discuss with them about their election manifestos so that people have a perception of the state of things and are able to make informed decisions.

Furthermore, since CA election is going to be held for the first time in the history of Nepal, and the fact that there is very low level of understanding among the people about the mixed electoral system, the Election Commission, as part of its preparation for the CA polls, should also focus equally on making people aware and sensitized about the concept, process, and modalities of the electoral system and the technicality involved in the voting process.

One of the important requisites for holding a free, fair, peaceful and impartial election is a reliable, conducive and credible security arrangement. However, the irony is that the Maoist-affiliated Young Communist League (YCL), which is widely involved in terrorizing people, is likely to provide security for the CA election owing to tremendous pressure from Maoists. Besides the YCL, the government aims to recruit 80,000 temporary security personnel to create a secured environment for the election, while neglecting about the same number of well trained, equipped, experienced and readily available national army. The security arrangement seems to be in need of reassessment to ensure maximum voter participation who will feel free, secured and fearless to go to polling booths to cast their votes.

Last but not the least, the importance of peace journalism in the contemporary world, in particular at the time of internal conflict in Nepal need not be over-exaggerated. The Nepali media has been biased in tone, depiction and revelation while highlighting the unfolding events of the movement, many at times disregarding the Code of Conduct for Journalists. The reporters should understand that the decisions journalists make and the way conflicts are covered, or how they juxtapose and contextualize the conflict or what they choose to report or omit tends inescapably to contribute either towards the momentum of war or towards the momentum of peace. At this crucial juncture where Nepal is trying to get a face-lift, the media, being an important pillar of democracy, should play a crucial role in creating conducive atmosphere for polls by promoting favourable people’s opinion and enabling them to participate in the CA process in an informed and active way by communicating clear, comprehensive and accurate information to people in all parts of the country, including Himal, Pahad, and the Terai.

The Madhesi movement has reminded us of the need to take a critical look at dealing with the problem of intolerance and ethnic prejudice that has for centuries plagued the nation. The structural discrimination can have solution only through systemic reform guided by the principalities of equality, integration, representation and redistribution. Madheshis should find a meaningful participation in the Constituent Assembly and in all other aspects of peace-building and democratic transition. The ‘hegemonic control’ of the age-old ideology of domination of one caste, one language, one culture, one colour, one region, one religion… can and has to change to include and promote multi-ethnic, multi-lingual, and multi socio-cultural Nepal.

Source: Nepali Times, September 1-3, 2007

Parties Moving Slowly For CA Polls

Narayan Upadhayay

The nation is hurtling to wards the November Constituent Assembly (CA) election, but the skepticism whether the polls would be held in a fitting manner in the stipulated date has refused to die down. The statements and reports coming from various quarters and some incidents taking place are alarming as they suggest the path to CA polls is still strewn with many complexities that need to be sorted out before any awkward situation comes to pass.

The Code

Even as the government, composed of eight political parties, has come up with code of conduct for the CA polls, the parties are blamed for their lackadaisical response to the pre-CA polls campaigning. The prevailing mood among the political parties is they have not yet jumped into the electioneering bandwagon. Lately, the Elections Commissioner himself has, in a round about way, admonished political parties for failing to create an environment for polls and lacking in initiative to stir up the real interest among the electorate for polls. The commissioner?s very suggestion that the political parties must now expedite for the polls drops a hint that the political parties have not yet fully geared up for what many believes an epoch-making November 26 poll. It is sad to see that our political parties, almost all of who are never tired of professing their respect for democracy and freedom, had to be given the ?wake-up? call by none other than the commissioner himself.

In democracy, it is the political parties that must remain at the forefront to take the proactive role in launching various activities while they seek electorate?s vote for them through an election, agreed upon by the existing constitution of the nation. Likewise, in a democratic political set-up, the onus of making the electorates attentive and responsive to any kind of polls and the post poll consequences that will have far reaching implications on the well-being of a nation rest solely on political parties. There are several reasons that have slowed the three major political players- Nepali Congress, the Nepali Congress (Democratic) and CPN-Maoist. They have been sluggish in their approach to the CA election. In other words, they have their own axe to grind before the epoch-making poll is conducted.As far as two Congresses are concerned, they seem to be in grip of nagging fear that it would be suicidal if they go into the polls without being united.The fractured Congresses are a worried lot and are also under fire from the party workers for failing to take an unambiguous stance in the fate of Monarchy and issue of republicanism. While many party top brasses are reluctant to support the idea of republicanism, plenty of the congresses? workers are supporting the idea. The raging controversies within Nepali Congress might have delayed the party?s election manifesto.

For the Maoists, the results of the mock elections conducted by the Election Commission are not encouraging while the ?persisting? issue of declaring the nation republic before CA polls and the issue of proportionate election in all seats for CA- have been consuming their time and energy. The two demands however, are at variance with the Maoists? various agreements and understandings with government and other political parties. The Maoist party leadership is also in the know that some activities of the party workers in recent time have done nothing good in raising the popularity of the party. And, of late, the party?s submission of 22-point demand to the government has made the task all the more difficult for those who want to create the conducive environs for holding CA polls. The Maoists are pressing to see their demands come to the fruition. But the problem for the authority that have power to fulfill these demands too need some time while many of the demands are not likely to be duly met, because they are against the 12-point agreement.

The position of CPN-UML on the upcoming CA polls is slightly different. It is the only party that has declared to be doing its homework for CA electioneering. But the sad part of it is that the party as big as UML has not been able to prepare its manifesto to catch the attention of its supporters and the electorate as whole even when the much-talked about polls are less than three months away.A cursory glance at the present position of the major political parties makes it obvious that these parties are mainly engaged in their own party interests rather than for the nation?s and people?s. The fear that the CA polls would once again be deferred for new date is all the more glaring.But the psyche in the nation is against any deferral of the poll. Almost all of the foreign donor agencies, the United Mission in Nepal (UNMIN) diplomats from India, the USA, the UK and other nations form European Union, who have provided assistance in cash and kind for the polls and restoring peace, are voicing their concern that the epochal polls must be held in its stipulated time. They are pressing hard to liven up the political parties for polls, because like all of us, they too are aware that the future of this nation and its restructuring are closely connected with the success of the CA polls. Now this nation can not do away with CA polls. There is no denying that the nation will be pushed into new crisis in case the polls can not be held in peacefully.

Unity Vital

However, in the face of mounting skepticism, one can be fully assured that the vital poll can be successfully held, if the eight parties, the true representatives of the people, go for it in united manner right now. To do this, the ruling elite must rise above their narrow party agendas and must shake off petty interests.

Source: The Rising Nepal, August 27, 2007

State Of Impunity Must End

Narayan Upadhyay

After a pro-tracted wait, the Krishna Jung Rayamajhi Commission Report was made public through the Legislature Parliament. Completed some eight months ago, the report has now put to an end the lingering suspicion whether the recommendations made in the report would be implemented in true spirit.

The commission completed its report after undertaking gruelling investigation, interrogations, and grilling of people accused of having used excessive force, abused positions and misused state coffers in their attempt to trample the Janandolan-II. As the movement picked, the then administration used all the state machinery to an unwarranted degree to quell the popular uprising, killing about 26 people, maiming and injuring thousands.The longer-than-expected delay in bringing the report in the open had also made the government a suspect in the eyes of the people. The government drew massive flak for showing reluctance to mete out punishment to 201 indicted persons as per the recommendations of the 1148-page report. Among the indicted, 35 were the members of from the council of ministers headed by none other than the King Gyanendra, five were the regional administrators, 13 zonal administrators, 115 security personnel from the police, army and armed police forces. A cursory glance at the report makes it clear that the Rayamajhi Commission has suggested taking action against the accused under four categories in accordance with the existing civil code, civil service, military and police acts and accused should be tried for various crimes ranging from the murder of pro-democracy protestors to abuse of authority and corruption. The report has also recommended for the departmental action for few accused. The most important part of the report is that it has suggested the government to enact new laws to punish many of the accused including, vice presidents and ministers of the King led- council of ministers, army top brasses, King’s advisors and many supporters who played vital role to crush the movement.

But the report has had its share of controversies. After the presentation of the report, conflicting statements have been made from the senior members of the government. Many legislators rapped the report for not including the King as the recipient of punishment. The Home Minister said that those accused in the report had already been penalized in one way or other while many believe that the punishment meted out to the accused is just a rap on their knuckles. Even the commissioner Rayamajhi himself said that the government had failed to take action against accused as per the words and spirit of the recommendations. All these statements help arouse lots of suspicion on the part of the government which was accused of dilly-dallying in implementing the recommendations.The long reigning trepidation among the Nepali people that the recommendations conclusions made by any commission set up to investigate into some atrocities, corruption, crimes and accidents are not implemented has been justified on many occasions. Governments when they come to the helm through some revolutions or movements tend to forget or try to tone down the severity of punishments sought in the commission findings. Not long ago, ditto had happened when the people of the nation had fought to restore democracy in 1991. The then government had formed a commission, known as the Mallik Commission, to investigate and then incriminate the people involved in making atrocities against the leaders, activists and supporters of the different political parties participating in the popular people’s movement. The government that was formed just after the restoration of democracy not only failed to action against the people indicted in the Mallik report, but also allowed all of them to participate in politics and take benefits from the various public positions.

The leniency of the then government saw many of the Panchayat followers, indicted by the Mallik Commission, riding to powerful and important ministerial portfolios in later years. But with the presentation of the Rayamajhi Commission report at the Legislature Parliament, a place for the people’s representatives, the days of the state of impunity that has tarnished the Nepali politics, bureaucracy and society as a whole for long are numbered now. The government is under duress to take action against the wrong-doers in accordance with the commission report. The task for the government in taking action seems to be easier now because the government has all the support from every quarter to prosecute the accused. If the present eight-party alliance government was to augment its image, then it must aim to fulfill the people’s aspirations and restore people’s faith on it. Now the government must take a quick and positive move so that it can implement the recommendation in true democratic manner. This is necessary to spread the message among the masses that the government really cares for the rule of law and the protection of people’s human rights. In the past, the many corruption tainted leaders, bureaucrats and civil servants walked freely taking advantage of their clout over the nation’s politics, bureaucracy.

Now, as the Rayamajhi Commission report has come into the open, the eight-party government must not allow persons accused of subverting people’s love and aspiration for democracy and the violators of the human rights roam scot-free. They must be penalized as suitably as suggested in the report.

Source: The Himalayan Times, August 13, 2007

Patience And Consideration

The government is engaged in holding talks with different groups from the Terai to take stock of their demands and address their concerns through legitimate means and mechanism. In the same way, several rounds of talks have already been clinched with groups from other areas and regions to settle the impending issues and assuage their feelings and concerns. Though some issues are yet to be thrashed out properly, the government is keeping open rightfully the channels of communication with representatives of the indigenous nationalities, and it is hoped that their conditions and concerns would be given due and patient hearing on the part of the government. The talks with the Madhesi People's Rights Forum have, however, received the media spotlight because of the fact that the Terai issue is billed to be more serious and seminal. The government has already discussed the pertinent issues with the Forum for the fourth time, but principal subjects are yet to be settled and sorted out.

The major demands of the Forum include a federal state structure with regional autonomy, proportional polling system, determination of electoral constituencies based on population and proportionate participation of the Madhesi people and others in organs of the state. Earlier the Forum has also been demanding the dissolution of the interim parliament and formation of the caretaker government to hold polls to the constituent assembly. As the government is strengthening the talks team by including leaders from the major political parties, including the CPN (M), it is expected that the talks could be finalised with agreement on substantive issues soon. As the polls to the constituent assembly are drawing closer, and the Election Commission is making all preparations for holding it successfully, any delay would disturb the poll schedule announced formally in line with the second amendment to the Interim Constitution. No groups should, therefore, create any pretences and obstacles to hurt the process of holding the polls to the constituent assembly. As concerns of all the groups can be addressed after the polls to the constituent assembly is conducted, the agitating groups should be patient and considerate enough and negotiate successfully with the government.

Source: The Rising Nepal, August 7, 2007

Implementation Must

The government has unveiled the much awaited Rayamajhi Commission Reportin the legislative Parliament the other day which is a welcome step on its own. The commission headed by former justice Krishna Jung Rayamajhi was formed in the aftermath of the Jana Andolan-11 to inquire into the atrocities and killings carried out to suppress ruthlessly the popular movement under the purview of adherents of the Royal regime. Needless to describe, many people had been killed, several hundred amputated and thousands involuntarily disappeared during Jana Andolon II as people had revolted against the much maligned autocratic Royal regime to restore civil rights and freedom in the country. The commission probed, interrogated and collected adequate testimonials and evidences which could be adduced to incriminate those responsible for using disproportionate force to suppress the people taking to the streets peacefully for restituting democratic rights and liberty . The report has rightly indicted 201 people from different agencies of the state administration including the executive organ of the government, police and civil administration, military and paramilitary apparatuses. The monumental 1184 page report has blamed the higher authorities for being involved in hatching design and conspiracy to suppress the people?s movement and abetting the use of force to quell and tame the surge of mass to oust the dictatorial regime. The report has categorized the accused into four types and recommended different forms of actions commensurate to the gravity of the offences and crimes committed to flout human rights and jeopardize the democratic aspiration of the people. The report has suggested the enactment of necessary laws since the prevailing legal framework is not sufficient to book the culprits to justice. Though the government, in its bid to implement the recommendations of the report with a view to strengthen the process for enforcement and reparation of the rights of the people, had formed a ministerial level committee some months ago, no concrete steps were taken to do the same. The presentation of the report in the legislative Parliament this Friday would definitely lead to the initiation of the genuine and concrete steps towards its implementation . The government should work towards enacting necessary laws so that those who are involved in the commission of the crimes are brought to justice. The onus of building positive human rights culture lies with the government.

Source: The Rising Nepal, August 6, 2007

Right Decision

Jana Andolan II was a grand success thanks to the great participation of people from all walks of life despite the terror and suppression resorted to by the then royal regime. Many people, in the course of the 19-day revolution, sacrificed their lives all for bringing democracy once again in the country and to be free from the shackles of tyranny that was evident in the country then. The country and the people owe it to the martyrs and the other people who took part in the revolution without fear to do away with the authoritarian regime. Soon after the success of the April revolution, Parliament was reinstated. One of the major decisions of the government then was the formation of the high-level Rayamajhi Commission under the co-ordination of former Supreme Court Justice Krishna Jung Rayamajhi to probe into the misuse of state coffers and power of the erstwhile royal government during the April movement. It was a right move to find the culprits that tried to suppress the people's movement by committing excessive force and misused the people's money to gun down people. However, those who misused power and state money to suppress the people were swept away by the people's power. That was the beginning of a new era for the people despite the fact there is a lot to travel in realising the goal of the constituent assembly and the drafting of an all-inclusive democratic constitution to herald a new Nepal.

The Rayamajhi Commission had submitted its report to the government quite a few months back, but it had neither been presented to the legislature parliament nor had it been made public despite several commitments in the past to do so. Finally, the cabinet has decided to present the said report to the legislature parliament today. This is quite meaningful in the sense that the names of the guilty will be made public, and the necessary legal action against them can proceed according to the law of the land. It has been reported that there are over 200 people who have been charged in the report as having acted against the people during Jana Andolan II. The decision of the cabinet was made public by the Minister for Information and Communications. Now, the people can rest assured that the necessary legal action will be taken against those who had committed excess and misused the state coffers to suppress the people's revolution. The coming days will be very important in how the recommendations of the report will be implemented in the greater interest of the people and the country.

Source: The Rising Nepal, August 3, 2007

Protect ya neck

The constituent assembly (CA) elections are just four and a half months away. Ideas for polarisation have been floated. Divided parties have made efforts at reunification, encouraged or pressured by friendly forces within and outside the country. The Nepal Sadbhavana Party (Anandidevi) and the Nepal Sadbhavana Party recently merged. After the NSP had supported regression and joined governments after the royal coup of October 4, 2002, a faction had broken away to form the NSP (Anandidevi), which joined the anti-regression Seven-Party Alliance. The leaders of the parent Nepali Congress (NC) and the NC (D) have intensified efforts at achieving reunification as they think it is necessary to improve the Congress poll prospects. Other suggested realignments include a pro-republican front, a Left front, a front of rightists and centrists, or a non-left front, including also one or more of the agitating Madhesi groups.

Amid all this medley, it seems, the popular view favours strengthening the unity of the eight-party alliance (EPA), at least until the CA elections. The case for this is strongest as it was these parties that clinched the historic 12-point agreement, spearheaded Jana Andolan-2, signed the eight-point agreement, the Comprehensive Peace Agreement, etc. and made the Interim Constitution and formed the interim legislature and government. The onus of translating these agreements and commitments into action in letter and spirit therefore falls squarely on the EPA. Unless the CA polls are successfully held and the understanding between the EPA constituents is retained, it will be difficult to carry out the pledges made to the people. Those who are outside the EPA might choose to strike out on their own as the CA polls get closer. However, the EPA owes it to the people who put it in power through the historic people’s movement that none of its constituents becomes a party to any new political combination at the cost of the alliance’s unity.

Some political leaders held the view during recent public debate or discussions between leaders of Left parties concerning Left unity that any such unity should not threaten the EPA unity. They may be right. However, the EPA leaders should also be careful to guard against any bid from any quarter to break the alliance apart, something that had been attempted soon after the historic 12-point agreement. To send a unified and encouraging message to the people ahead of the CA polls, the eight parties would do well to consider organising joint mass meetings and campaigns across the country, particularly in the face of designs to derail the CA polls and to cause disturbances or violence. The political leaders and workers should make no further delay in fanning out into the villages with their message for the people. For this, however, the leadership of each party has to be clear about what message it wants to convey. At the same time, the EPA constituents need to expand their area of agreement, particularly on vital issues such as the fate of the monarchy and the structure of federalism.

Source: The Himalayan Times, July 10, 2007

Essential Priorities

Prime Minister Girija Prasad Koirala presented the policy and program of the government for the forthcoming financial year in the interim Parliament, the other day. In the presentation made in the national legislature, Prime Minister Koirala accorded priority to improve law and order situation for holding elections to the Constituent Assembly scheduled for November 22. Prime Minister Koirala who heads the multiparty coalition government in which the Maoists are also represented reiterated that the top priority for country at the moment is the polls for constituent assembly which is expected to herald a new era of democracy and peace in the nation. Accordingly, the policy and program of the government announced by the prime minister has committed to set up a state restructuring commission by giving mandate to recommend modus operandi of reconstituting the governance mechanism and territory of the state. This would be an important commission as told by the prime minister, and its suggestions should facilitate the process for building a new constitution in the country.

Since the country has already braced for a federal polity, it is not yet clear on what type of provision with respect to federalism should be incorporated in the new basic law of the land to satisfy the aspirations of the people from different geographic, linguistic and ethnic zones. Moreover, in line with national need and priority, the government has committed to form a task force to recommend measures for ensuring proportional share of different marginal and excluded communities in the apparatuses of the state. This commitment of the government goes in line with the principle of inclusive democracy. What should be noted in this context has been the government resolve to rebuild and reconstitute the local bodies through consensual approach as, in the absence of representative and competent local government institutions, it is difficult for local democracy to foster. The government policy is progressive and, thus, aims at addressing the problems faced by the people from different walks of life. The announcement to raise the salary of the civil servants, focus on rural electrification, priority to commercialization of the farm sector, raising of the industrial security force and restructuring of the health sector are some of the social development measures that can go a long way in enhancing development of the country. However, provided that the implementation and monitoring drive is not revamped and toned up, the intended objectives enshrined in the policy and program of the government can not be translated into reality. In addition to strengthening mechanism for law and order, the democratic government should set sight on making the implementation mechanism better and stronger.

Source: The Rising Nepal, July 6, 2007

CA Polls: Definite Direction

FOR the first time since the formation of the interim government, Prime Minister Girija Prasad Koirala unveiled the annual policies and programmes of the government on Wednesday. It was expected as the budget is to be presented in a few days. Now the legislature parliament will hold discussions on it in the coming days.

FocusThe focus was basically on holding the constituent assembly (CA) election on November 22. It will be a landmark for the people and the country. Even Prime Minister Koirala has said that the day will herald a new era. Obviously, the expectations of the people are very high. But the preparations are yet to gather speed for the polls.There are many problems that have to be solved, though. A major issue is bolstering the law and order situation in the country. There are many agitating groups, some of which are involved in violence. On this score, the government has shown some seriousness, and attempts are being made to step up security measures. In this connection, the government is mulling over a new security policy, taking into consideration the situation in the country.Meanwhile, talks are being held with the various agitating groups, and it is hoped that an amicable solution will be reached as per their demands. This must be taken up seriously because without solving the simmering problems, the CA polls cannot be held in a peaceful atmosphere.

For this, the political parties, too, should extend their hands to the government. If they do so, the government will be facilitated in taking the necessary steps to maintain law and order. After a chill for some time, the eight political parties are working together, and there has been increased understanding among them. This solidarity and unity must be maintained till the polls. Though they may be contestants in the polls, the unity ought to be maintained so that the gains made so far does not go to waste.The appointment of envoys is still in a limbo as they were recommended by the earlier government. The main objection has come from the CPN (Maoist). They say that the recommendations were made without consulting them. On this matter, Maoist chief Prachanda had talked to Prime Minister Koirala, and it was agreed that the issue would be resolved soon.

As Premier Koirala mentioned in the government's policies and programmes, the culture of consensus and collaboration for resolving the differences through dialogue and negotiation has become a present day reality. And the country is going in this direction though at times stalemates have arisen.It is based on this that the country has come so far, starting with the agreement of the seven parties and the Maoists. The interim government and the legislature parliament are the result of the collaborative effort of the eight parties. This must not be allowed to break down on trivial pretexts.Whatever is taking place in the country is with the approval of the eight parties. Hence, blaming one or the other leader is not appropriate. Moreover, there are matters that have to be discussed behind closed doors. However, transparency must be maintained regarding the administration of the country. AwarenessNow all confusions regarding the CA polls are over with the announcement of the date. It is the duty of all the political parties to go to all parts of the country to make the people aware of the importance of the CA elections. This is important considering the fact that many people are still unaware as to why a constituent assembly election is necessary for the creation of a better Nepal. The rural parts are where the majority of the population lives and have a greater say in the political setting.

Source: The Rising Nepal, July 6, 2007

Times to come

The Interim Government (IG) on Wednesday unveiled its annual policies and programmes in the Interim Legislature-Parliament, making elections to the Constituent Assembly (CA) its focal point. Indeed, while other aspects declared in the document are important because they have an important bearing on various sections of society, the public interest in the CA polls, the core demand of Jana Andolan-2, is supreme, as it will affect the entire country politically, economically, socially and in other ways. The CA will lay the future basis for a new Nepal and is expected to institutionalise peace, democracy, justice and inclusiveness. Given its limits, the government cannot be expected to do a lot during the interim period. If it can manage the transition smoothly without putting unnecessary burdens on the people, maintain law and order, and provide some positive signs that indicate that the country is moving in the right direction, the policy statements should be seen in a favourable light.

Presenting the government’s policies and programmes, the Prime Minister said the document revolves round the November 22 CA polls and the national budget would have the same focus. He also said a supplementary budget would be unveiled after the CA polls. Koirala, alluding to the monarchy and stressing the importance of the CA elections, said that the vestiges of the old order would be swept away after the November 22 polls, which he said would herald a new era and the country would then turn over a new leaf. He declared, “This is the last battle. Let the remnants of the old order take to their heels and go wherever they want”. Koirala spoke of another revolution (change) after the CA elections — social and economic reforms. The Prime Minister’s statements concerning the monarchy, recorded in the sovereign parliament, assume added significance and hint at the shape of things to come. There are a number of signs that go to strengthen the Prime Minister’s assessment. The latest comes from the decision of important Kathmandu-based ambassadors to stay away from the King’s birthday reception.

As for the annual policies and programmes, it should be considered as the compromise document of the political parties represented in the interim government. Each may have its reservations. For instance, the CPN-Maoist has announced ‘critical support’ to it. Indeed, as Koirala said, the policy document and the budget may not satisfy everybody, though effort has been made to ‘touch all’. His message was that the Nepalis should have some more patience and make the CA polls their singular agenda. On this will depend whether the country will move into the bright or the dark future because the CA elections will mark the successful conclusion of the 10-year Maoist insurgency and the 19-day Jana Andolan-2 based on the 12-point agreement between the Maoists and the Seven Party Alliance. The alternative is fraught with serious dangers to democracy, peace, and prosperity, and above all, to the country’s very existence as an independent entity.

Source: The Himalayan Times, July 6, 2007

Foreign aid: Can it work for new Nepal?

Bishwambher Pyakuryal

Following the implementation of Foreign Aid Policy, 2002, grants have exceeded loans, projects have been prioritised, Poverty Reduction Fund has been established and Nepal has been receiving Poverty Reduction Support Credit. Similarly, aid has started to flow according to government priorities, though it is questionable if these are government’s independent priorities.The quality of aid has improved to some extent, especially after promulgation of the act. However, there are serious problems with management of such aid, including lack of proper recording, impractical conditionality and lack of transparency. A recent aid effectiveness study conducted by B P Bhattarai shows that both bilateral and multilateral aid can be effective in the long run. However, relationship between aid and per capita GDP has been found to be negative in both aggregate and disaggregated forms in the short-run, implying that the country suffers from lack of absorptive capacity and high aid volatility. This study can be complemented with other findings from the ADB, which show that while macro-policy environment and quality of governance have a direct bearing on poverty reduction, aid effectiveness is not critically contingent on them.Effectiveness rather differs under different environments, with differing quality of governance. On an average, aid is effective when it is moderate in volume. It becomes ineffective when its size exceeds the absorptive capacity of the target country. A cross-country empirical analysis by the World Bank conducted under Stephen Knack reveals that a high level of aid erodes institutional quality, increases rent-seeking and corruption, and therefore, has an adverse impact on growth.

It is recognised that aid helps economic growth in developing countries with sound policies and high quality public institutions. The problem lies with the compatibility of policy choice under different structural settings in conflict-prone countries like Nepal. Linking internationally practiced macroeconomic policies in assistance strategies without restructuring the institutional framework has backfired on development missions in Nepal.In fact, aid rarely manages to get things done which the countries could do themselves. Even with incredibly high aid inflows, poor countries are just as poor now as they were a decade ago. In most cases, aid has only fostered corruption and irresponsible policy-making. This is indeed the case with Nepal.

In Nepal, foreign assistance has not contributed to growth, especially with regard to its ability to supplement savings, foreign exchange and government revenues. The country’s failure to reduce aid and foreign borrowing by closing resource gaps has also not facilitated economic policy autonomy. The new government faces the challenge of reducing debt burden and increasing revenue by properly managing resource allocation under the proposed federal structure. Analysis of fiscal impact under a federal state should be our priority. Attention should go towards making aid money accessible to the poor, providing safe drinking water to villagers and guaranteeing poor children primary education.As external assistance has not been able to make a significant contribution to Nepal’s integration process, advocates of liberalisation have been disappointed. With billions of outstanding debt under the reform programme, Nepal has made a poor showing in public finance, price and supply situation, money and banking, international trade, transport and communications, agriculture and tourism, and social services. There is a big question mark on enhancing the competitive edge of Nepal’s development projects.A crucial determinant of competitiveness is productivity of key inputs. It is the key to improving national economic well-being by attracting domestic and foreign investors to the local economy. Nepal’s competitive advantage in lower wages is offset by low labour productivity. Out of 200 countries, the majority of Nepal’s indices in one of the top priority sectors, viz tourism, fall way behind other countries.

Nepal is characterised by red light in infrastructure, technology, human resources, openness and social index. This is the reason why revolutionary leaders in new Nepal should carefully assess trade-offs between assets and liabilities created by external assistance.Emerging from the ‘poverty trap’ does not necessarily mean a push for larger aid. It is also no guarantee that aid will increase productivity by bridging the ‘financing gap’. An increase in foreign aid and debt relief has not eliminated poverty in Africa. As much as 39% of Africa’s capital is believed to be held by those outside the continent. This clearly shows that investment depends upon the rate of return and increased bank lending. The need of the hour is to create an environment for investment where rates of return are higher than debt.

Source: The Himalayan Times, July 6, 2007