Free media and drafts of history

Abhi Subedi

Free media discourse did not receive as much attention from parties, governments and civil society as it should have after the political change of April/06. But it has received attention in recent weeks as an issue of freedom. Nepal government's first united response to Constituent Assembly (CA) elections came like a jolt about a month ago. The spokesman of the government indicated that they had agreed in principle that certain codes should be introduced to limit the media reporting about the CA elections in November 2007.
The recent closures of some newspaper distributions by Maoist trade unions and resumptions following a court order and the flexibility shown by the Maoist information minister Krishna Bahadur Mahara and the trade union near the CPN (Maoist) and the commencement of fast-onto-death by a democratic leader Birendra Dahal propelled by the closure of HBC FM brought the free media discourse to a new height. After these developments, two questions rose like cyclones in my mind. First, why focus on press restrictions before anything else? Second, who is wary of free media in Nepal?

Nepali free media was not created by political parties or governments who have their own mouth organs that they play whenever they feel like and invite readers to appreciate their composition and read their solipsistic notations. Little do such organ creators realise that free media's historical effect is immediate and vibrant.
About the historicity of free press, a senior British journalist John Lloyd says, “Journalists give the first draft of history: historians may do a quite different draft, but most people don't read the histories-so for them it's the first and last” (What the media are doing to our politics 37).
The first draft writers of the current, turbulent Nepali history are the media. The old history writers' books are shelved. They do speak very little now. So writing the drafts of history by free media has become the most important activity in the politically vibrant Nepal. Several native and foreign history writers have been using the Nepali free press to formally write the second draft of the history of this country's turbulent times. The free Nepali press --its journalists, columnists and freelancers have mutually written the first drafts.

Free media was created by middle class youths who found it as an important means of creating cultural and intellectual space for themselves. They came into existence with the awareness of their in-between-ness- the sense of being below and above, between global and local and founded the free media to express their world view. Their free press activity shook the class above and taught the people below how to be assertive.
Media entrepreneurs gave them freedom for obvious reasons. Little have the political parties realised that. Free media successfully challenged the ardent autocratic regime of the modern times in Nepal in April/06. The role of free media and the journalists was the most important one. They took many risks, disregarded life threats and moved under the barrage of batons and bullets to bring news to the public.
There are some caveats. The Maoists were among the first to realise the power of free press because they chose the free press to publish their important views. The Nepali Congress government jailed Editor Yubaraj Ghimire and publisher Kailash Shiroia of Kantipur for publishing Maoist leader Baburam Bhattarai's essay in Kantipur in June 2001 and put a temporary ban on free speech. But the free press prevailed. The free press helped the Maoists to come to the open through their constant attention to their politics, their histrionics, commitments and programmes. Some free Nepali weeklies devote not less than 40 percent of their coverage on the Maoists in each issue.

It is ironical, therefore, that the Maoists should look askance at the free press today and suspect that they may have been funded by foreign agents. Examples abound. Kanak Dixit was detained by King Gyanendra's government for defying the restriction to use IT to talk to the foreign press. Other media groups were attacked and their facilities and technologies were looted and vandalised by government agents. Journalists were gagged by militias and governments' armed personnel over the last decade.
Parties' ambivalent attitude towards the free press continues. But the reality is that if the free press leaves a day without reporting the ongoing minuscule U-turns of the parties even today, the political process will move back to square one. The free press has been overtly or covertly alerting the mass and the parties.
What does it mean then to develop hostile attitude towards free press by the government and political parties today? Can a party dream to rule absolutely tomorrow by suppressing free media? Nobody should work with such imaginaries. People are so vigilant that they will not accept any regressive reporting either. So, why instead of sorting out the main political agenda, mutually working for a law and order situation and going to the villages with manifestos as the chief election commissioner has been pleading them to do, are the political parties and government fantasising a muted and muffled press?
The writers of the first drafts of history have great responsibilities as much as the governments to save a free media in Nepal.

Source: The Kathmandu Post, August 22, 2007

Peace please

Prerana Marasini

So you're from Nepal? The country of Maoists," reacted a foreign classmate of mine here in India. "You can't say it's the country of Maoists; I'm not a Maoist," I retaliated. "Don't deny your country is going through turmoil and there hasn't been any settlement even after the revolution," he said, "Believe it or not but the synonym for Nepal has become Maoists today."
Feeling a little dejected at the comment, that too in a different land, I wanted to think for a while that Nepal is still the same-peaceful-but I couldn't agree to myself. I went to the computer lab and logged on to Nepali websites to update myself with the latest political news. I hoped to see some positive news, something that was not related with deaths and damages, bandas and its aftermaths but I had to be disappointed again.

A parliamentarian had been attacked ruthlessly by Maoist cadres. The news said that they wanted to burn him alive, in public. I got goose bumps. I hadn't heard anything like that before and felt ashamed too. If the parliamentarians were attacked that way, I wondered what happens to the ordinary citizens. I felt emotionally hurt too, as the Maoists who joined the government months ago were still carrying out barbaric activities.
Some weeks ago, I had read the news in which they had attacked a DFO. The fact that they were still embracing people-frightening image disgusted me. Their participation in the government should show respect towards law and order. Involvement of their cadres in activities like these indicates either they haven't been able to implement law in their own group or, they want to remain as rebels. No matter what!

I was still pondering over the remark of my foreign friend, whose nationality I don't want to reveal, when I read something that gave me another blow. The news read: "CPN Maoists have formed committees for eight different ethnic-based 'states' under a federal structure for the country." States? I waited a second trying to figure out what they meant by that. 'Seti-Mahakali, Tharuwan, Magarat, Tamuwan, Newa, Madhes..' gave me a complete picture what these followers of Mao Tse-tung were up to. Split the nation!!
When I was a kid, I always thought of various things to introduce my country, in addition to the tallest peak and the Light of Asia, with foreigners. At this moment, however, I could not think of anything else except the green combatants with red bandana, the group that calls itself Young Communist League and carries out atrocities, and the leaders like Prachanda, Baburam, Mahara, and Hisila. I also remembered what Jwala Singh said-"We won't allow constituent assembly election to take place." I also visualized the everyday bandas and burning of tyres, destruction and demolition, hues and cries.
The more I thought, the more pessimist I became. I tried to divert my mind to the natural beauty of the country. But even that didn't help. I wanted to tell my classmate on his face: "Hey, I come from a peaceful country, okay." If only it was true….I sat back and closed my eyes.

Source: The Kathmandu Post, August 22, 2007

Swing Into Action

IN its pursuit of holding the constituent assembly polls as per the schedule agreed upon and mentioned in the interim statute, the Election Commission has gone ahead with making the necessary preparations for the democratic franchise aimed at framing a new constitution for the country. Right after the enactment of the law relating to an election court, the Election Commission has published the schedule for the first past the post system as well as the proportional election system which indicates the efficiency and effectiveness of the constitutional body in carrying out its constitutional duty. According to the schedule disclosed by the commission, candidates seeking to contest for the 240 seats in the first past the post system should file nominations at the respective district education offices by the first week of October while the political parties are required to submit the list of their candidates to the commission for the proportional polls during the second week of October. The commission has, thus, set the timetable for the polls to ensure that the process for holding the polls is not delayed and for the political actors to swing into action accordingly.

What makes sense to note in this context has been the finalisation of the code of conduct for the polls, laying down obligations to be adhered to by the political parties and candidates. The code has been comprehensive enough to cover several aspects of poll ethics and mentions that the parties or candidates failing to obey the provisions are liable to face legal consequences. The commission reserves the right to invalidate and countermand the polling process, should there be serious cases of violation or breach of the obligations enshrined in the code. The prohibition on posters and wall paintings is very relevant as the political parties and candidates are found engaged in defacing and disfiguring public walls and compounds with slogans and campaign messages during the elections. Moreover, the code has fixed a ceiling on expenses involved in the poll campaign. However, it is not very much different from conventional practices. What is important in this context is the determination to enforce the provision so that money and muscle power are not flexed during the polls. Finally, congratulation to the Election Commission for its drive and zeal for carrying out its constitutional mandate, and it is high time the political parties reciprocated the spirit of the constitutional body responsible for conducting the polls.

Source: The Rising Nepal, August 22, 2007

West Seti Must Be For Nepalese Too

Dr. Trilochan Upreti

William Bulti-tude, Managing Director of Australia's Snowy Mountain Engineering Corp (SMEC), has reportedly said that the construction of the 760 megawatt West Seti Hydroelectricity Project will start in November 2007. This means three months earlier than the original plan to initiate the project by January 2008.

Energy vs. revenue

Baltitude has been quoted as saying that SMEC is willing to consider providing free energy to Nepal instead of cash, if the government asks for it. He also said that, legally, SMEC is under no obligation to provide free energy to Nepal because the existing agreement is to provide Nepal 10 per cent of the revenue generated by the project. It is also said that the government has not yet formally requested SMEC to provide 10 per cent of energy instead of cash. However, Baltitude has been misinformed. The government is not in a dilemma because the Natural Resources Committee of the legislature-parliament has instructed the government to get 10 per cent of the energy instead of cash from SMEC.Bultitude had also revealed that it was not economically feasible to provide energy to Nepal from the West Seti Project itself, and, therefore, a different project would have to be identified for that purpose because the West Seti is being built to export power to India. SMEC has already initiated a Power Purchase Agreement with the Power Trading Corporation of India for a period of 25 years at 4.95 US cents per unit.

Pursuant to the policy of involving the private sector in generating energy, and SMEC having showed its interest in the West Seti, a MOU was signed between the two 13 years ago. In the MOU, SMEC had promised to provide Nepal at least 10 per cent of the total hydro-electricity to be produced and exported to India from the project. This provision was changed in 1998, whereby, in lieu of the 10 per cent energy, 10 per cent of the revenue was to be provided to the Nepal government. This provision was again replaced by a provision of providing 10 per cent energy instead of 10 per cent revenue. Thus, the presiding water resources ministers have been inconsistent on the policy of energy versus revenue, whereas the need of the country for energy has not changed at all. Thus the ministers, who agreed to the option of revenue against energy, had not decided the matter considering the better option for Nepal. It is an allegation from the side of the people at this juncture of time.West Seti Hydro Ltd. (WSH) has also conducted a meeting with some 28 parliamentarians representing the far-western region, where the topic of the discussion was about energy versus money. It is also reported by the WSH that in the event the project moves ahead as it is today, Nepal would obtain an estimated financial return of US$ 1.12 billion (Nepalese Rupees 73 billion), inclusive of royalty, tax and bonus from the project over the 30-year period. The total cost of the project is US$ 1.2 billion, and 1,579 families would have to be resettled for the construction of the project. This project, if commenced on time and no out of control situation emerges during the implementation stage, will be completed by 2012, five years from now.

Regarding the investment in the project, the WSH's investment would be 26 per cent, Asian Development 15 per cent, China National Machinery Import and Export Corporation 15 per cent, Government of Nepal 15 per cent, for which it has acquired US$ 2 million from the ADB and Special Purpose Vehicle investment will be 14 per cent. The profit of the company has not been made transparent to the media and public. However, the government would not be prohibited from the huge profit generated by the project. This is the first test case of hydropower development by private investors with the aim of exporting power to India. Those who think that this is the only natural resource bestowed on us by nature and that it should be utilised for the optimum benefit of the country wish for its success so as to open up a flood of private investors for making a prosperous Nepal from the huge royalty and other benefits from large water projects. A recent World Bank study suggests that Nepal could get annually US$ 6-10 billion from its water resources development, if a holistic, integrated and prudent use of Nepalese water resources is carried out.

There are a few issues that have to be resolved. For example, the rehabilitation and resettlement of 1,600 displaced families should be undertaken in accordance with international standards and norms. Water withdrawal rights of the local people in this basin must be protected for the past as well as future use. For it to happen, any such plan should be made with wider consultation and consent of the people likely to be displaced, and the basic tenet of it is that their life and livelihood should be better off than the present level. In terms of employment, housing, property, cultural and religious rights, their mode of life should be strengthened and preserved. Therefore, the social, environmental and resettlement policy must be people-friendly and highly beneficial to the displaced families, which is yet to be finalised and accepted by the local community. The local people and the institutions should also get proper benefit from the project, and water entitlement and right of the upper riparian people should also be well defined and protected so that present and future use for drinking and irrigation facilities of the people is safeguarded. This will prevent potential disputes with local institutions and the federal entity, if it is established after the election of the constituent assembly.

Unless a full guarantee of the local interests is safeguarded and local institutions and people are happy, this project cannot move forward. Therefore, the developer should be prudent and liberal to protect and preserve the interests of the local people, and ensure that no adverse effect on the environment and livelihood of the people of the surrounding districts of the project is caused in any way. The legal, constitutional, socio-economic and technical issues and loopholes should be dealt with in a better way for ensuring the broader benefit of the local people. If SMEC is successful in its objective, then many private investors would queue up to invest billions of dollars in many hydropower projects in Nepal.

Trade balance

Nepal's rapid economic acceleration and development depend upon water resources development. If we are able to develop 4,000 megawatts of hydroelectricity and export them to India, then our Rs. 55 billion trade deficit would be balanced. Bhutan has been exporting around 2000 megawatts at the moment and will export an additional two thousand megawatts in the foreseeable future, giving a big boost to its economy. Once the smooth export of West Seti power is resolved, then the prospects of Nepal's development in the hydropower sector will also be opened.

Source: The Rising Nepal, August 22, 2007

Ethnic Nepalis And Bhutan's Citizenship Acts

Kazi Gautam

THE ethnic Nepalis residing in Bhutan have been facing different problems off and on. There is no peace and security, and the ethnic Nepalis have to succumb to different forms of torture. The government introduces policies and acts, brings them into force and amends them after a period of time. But all these acts are measures to exclude the Sarchhops (Nepali speaking people) from participating in governmental activities. The Druk government has always swindled the international community by appearing benevolent. Backed by the greatest democracy in the world, the Druk dictators have very easily succeeded in establishing "a clean relationship" with the outside world. This has always benefited the Bhutanese government. Although it has been preparing for the first general election to be held in 2008, and also towards establishing democracy, this move of the Bhutanese king plausibly needs to be read between the lines, as thousands of Nepalis within and outside the country have been excluded from obtaining citizenship.

Citizenship Acts

Among the different acts introduced by the government, the Citizenship Acts deserve special mention as they were intended to hit a hard blow to the ethnic Nepalis. The latter first migrated to Bhutan in the 19th century. Most of them became eligible for Bhutanese citizenship under the 1958 Nationality Law. Furthermore, from the mid-1950s, ethnic Nepalis began to establish them in different fields.The 1977 Citizenship Act increased the residency requirements for citizenship by 10 years: from five to 15 years for government servants and from 10 to 20 years for all other foreigners. The growing concerns about the threats posed by ethnic Nepalis to Bhutan's cultural identity were reflected in an additional requirement for applicants for Bhutanese citizenship to have "some knowledge" of the Dzongkha language and Bhutan's history. As the Nepalis had little or no knowledge of Dzongkha, this requirement was difficult to meet for them. The 1977 Act also very easily excluded the Nepalis to avail the opportunities to obtain the citizenship. It did not grant citizenship to anyone who had carried out activities against Tsawa Tsum (king, country and people). Following the country's first National Census from 1979 to 1981, citizenship was granted only to those identified as citizens according to the 1977 Act.

The Citizenship Act that followed the 1977 Act further tightened the requirements for citizenship. Under this new 1985 Act, a child automatically qualifies for citizenship if both parents are Bhutanese. This Act further complicated the process of obtaining citizenship through the naturalisation process. However, if one had resided in Bhutan on or before December 31, 1958 and had one's name registered in the Ministry of Home Affairs Census Register, he would be provided citizenship. There are certain points to be noted about the new census of 1988. This census was conducted only to add to the retroactive implementation of the 1985 Act. The census was conducted only in southern Bhutan. It excluded ethnic Nepalis from becoming naturalised citizens, as provided under the 1985 Act. Instead, the authorities restricted Bhutanese citizenship to ethnic Nepalis who had records, such as tax receipts, to prove they were residents in Bhutan in 1958 - 30 years before the census.The Bhutanese officials refused to accept residency records from 1957 or earlier, or from the years 1957 and 1959 to establish citizenship. They disregarded the citizenship identity cards issued after the previous census: the authorities classified people who could not prove residence in 1958 as non-nationals, "returned migrants", or other illegal immigrant categories, even if they possessed a citizenship card.

Along with the different Citizenship Acts, the king implemented various policies that were intended to exclude and, thus, expel the ethnic Nepalis. Eventually there was a mass demonstration in September and October 1990. Almost all participants were termed "anti-nationals", and thousands of them were detained. In the light of the above-mentioned points, one can figure out how fruitfully the government can carry out the developmental activities in the country. Majority of the Nepalis residing inside Bhutan do not possess citizenship. They shall never be allowed to exercise their political rights. The political parties that have been recently registered to participate in the country's election are, in fact, under the beck and call of the king. The refugee political parties have not been recognised till date.

Repatriation

It is also noteworthy that the politically-conscious people have been languishing in the refugee camps. The Druk regime always plays fast and loose if it is a question of repatriating the exiled people. Its erstwhile commitment to repatriate at least those refugees who fall under category one (genuine Bhutanese) is too far to come into effect. Instead, it has termed the peaceful and innocent refugees to be "highly politicised and terrorists". According to the agreements reached by the governments of Bhutan and Nepal, refugees in category two (genuine Bhutanese who are deemed to have left Bhutan voluntarily) would be allowed to return to Bhutan, but would have to reapply for Bhutanese citizenship. However, the provisions of the 1985 Bhutan Citizen Act would exclude most, if not all, people in this category.

Source: The Rising Nepal, August 22, 2007

Unity For Successful CA Polls

Yuba Nath Lamsal

The Election Commission has published the schedule for the election to the constituent assembly (CA) slated for November 22. Following this, the election fervour is slowly gaining momentum. With the date for the election coming closer, the political parties, which are the main stakeholders, are expected to gear up their activities to mobilise and educate the people about the polls.However, the speed with which the political parties are moving ahead with the electioneering process has been slow, despite their demand and commitment to hold the election in time and in a free and fair manner. Even after the publication of the election programme, the political parties have not started their election campaign. It could be partially due to the weather condition. But more than that, the parties are not confident of their strength and are weighing the pros and cons of the current situation before going to the people.

Historic process

Elections are the bedrock of a democratic polity. It is through an election that people exercise their sovereign right and choose their representatives to rule. Moreover, the constituent assembly election is a historic process in Nepal. It is a process that will enable the people to participate in the constitution-making process. Thus, the political parties now need to go to the people with their political programmes to mobilise and educate the voters so that there is better participation of the people. But before doing that, the eight political parties that are in the government must ensure a conducive atmosphere for the election. At present, the law and order situation in some Terai districts is not satisfactory. Even officials who are to conduct the polls have not felt safe and secure. Without ensuring their full security, the officials many not be able to go to the polling stations. Even workers of the different political parties are hesitant to go to the villages. Thus, this situation may affect free, fair and credible election. Against this background, the first and foremost duty of the government and the eight political parties is to maintain strict law and order and improve the security situation in the country. At present, some groups in the Terai have launched an agitation, and a few of them have been carrying out criminal activities in the name of a political movement. The Madhesi Jana Adhikar Forum (MJF) is one of them, and it has launched a political agitation demanding more share for the Terai people in the political and social sectors.

Most of the demands of the MRF have already been addressed which have also been incorporated in the interim constitution. The major demands of the MRF include seats and share in the constituent assembly on the basis of the population, and a federal system of governance. Both these demands have been addressed as the government and the eight political parties have agreed to go for a federal system and increase the seats in the constituent assembly on the basis of population. So the MJF now needs to stop all forms of protests and concentrate on the constituent assembly election.Certain militant groups in the Terai have been resorting to criminal activities like killing, kidnapping and extortion. These are criminal activities which must be dealt with in accordance with the law of the land. The government has already formed a negotiating team with representatives of the different political parties to hold talks with the various disgruntled groups and find an amicable solution to the problem. It has already invited all the groups for talks. However, some groups in the Terai have not responded to the government's invitation and continue with their violent and terrorist activities. Thus, the government has little option other than to use force, if necessary, to bring the situation under control and maintain security so that voters can participate in the election process without any kind of fear.

Nepal has witnessed three democratic elections and two elections to the local government after the political change in 1990. But the constituent assembly election is the first exercise of its kind in Nepal, and it is different from the previous elections. There will be two types of election - one for the candidates based on the first-pass-the-post system, and the other for the political parties on the basis of the proportional system. There will be two ballot papers and ballot boxes for the different systems of election. But the people are not used to and are not properly educated about this election system or the constituent assembly itself. We are running out of time, and the political parties must start their election campaign and go to the people to create an election fervour nationwide. As the nation is in its transitional phase, there is no alternative to the election. This is the only remedy to taking the nation out of the crisis and ensure peace, stability and security in the country. The constituent assembly election is a must for the larger interest of the nation and the people. It is not a question of who wins and who loses in the election. It is about brining stability to the country, democracy and prosperity. The victory of the nation and democracy lies in the peaceful and successful conduct of the election. Thus, the political parties, instead of blaming one another, must work together and go to the people in perfect political harmony for the success of the election. This is the time that requires stronger unity and more co-operation among the political parties than ever before. In this situation, the political parties must set aside their personal and partisan interests and ideological differences and work together to end the present transition and navigate the nation out of the crisis.

Mass meeting

Recently, the eight political parties decided to hold a joint mass meeting in the capital to start the election campaign, which would send a positive message of unity nationwide. This is, of course, a praiseworthy decision for which the political parties and leaders deserve appreciation. However, this spirit needs to prevail till the election is held so that the elections can be held successfully, and any attempt to sabotage the election process would be defeated. The nation is, thus, in need of more wisdom, flexibility and a strong sense of solidarity and co-operation on the part of political parties and the leaders. This is the desire of the people, and the leaders must listen and act accordingly. This alone will steer the nation ahead on the path of peace, stability and prosperity.

Source: The Rising Nepal, August 22, 2007

CA Polls: Reminder To Political Parties

Prem N. Kakkar

THE fanfare with which the date for the constituent assembly polls was announced is still vividly etched in the minds of the people in general. It was the great delay that had left the people rather confused as to whether the polls would ever be held. Though late, the affirmation of holding the polls came through the announcement of the date for it.

Deadlock

The delay, as is understandable, arose from the disagreement among the eight parties that are in the government. Often trivial issues were blown up, raising doubts and suspicions among the coalition members. That was rather unfortunate as the country was heading for the important landmark, that is, holding the CA election that would carve the future of the country.The hectic parleys of the top political leaders of the eight parties broke the deadlock, making it possible for the date to be finalised and announced. Now it is a mere 96 days for the set date to arrive and give the much-awaited opportunity for the people to vote. Yet, many things remain unclear about the said election. As is well known, the majority of the people are still unaware of the importance for going to the historic exercise. On this score, the political parties are yet to hit the campaign trail. It is not understood why the political parties are taking it so lightly when in rhetoric they sound very upbeat.

Unlike the general elections, the CA polls are markedly different. So the parties have to draw up a different strategy for it. Yet, the only thing that the parties are doing is saying publicly that if the polls cannot be held then it will prove disastrous for the country. Instead of making such remarks why don't all the parties make an effort to hold the election no matter what the situation.In the present situation, there are many problems confronting the government. Every partner in the government is equally responsible for the delay in resolving the various burning issues of the present time. It is peace that is a pre-condition for the CA polls to be held successfully. But, looking at the national scenario, there is very little to generate satisfaction. The problems in the Terai have to be solved at the earliest. As the delay goes on, many more armed groups have surfaced in the Terai region complicating the issue. The government has extended the olive branch, yet nothing concrete has been reached.

There is sincerity of the government in solving the problem, but there has been dissent from the coalition partners themselves. This is quite unfortunate. All the coalition partners should have, in fact, joined their heads together to resolve the problems. There are many genuine demands of the agitating groups which should be met in the best manner possible. The government talks team is doing the needful despite the fact that it is overburdened, and while sitting for talks with one or the other groups, it needs time due to lack of total homework. This aspect must receive utmost attention in the days to come. This must be realised by the eight party leaders that such a situation cannot be lengthened.What is equally disturbing is that neither the cabinet nor the leaders of the eight parties are meeting these days. When all want the unity among the eight parties to be maintained, then why this unusual phase? It is now run up to the CA polls, and the calls made to the parties to head for the villages and districts do no seem to be working. Even the chief election commissioner is surprised by the lack of enthusiasm of the political parties to hit the campaign trail. The Election Commission is reported to have made its preparations for the polls, but the parties are not doing the needful.

It is the political parties that must take up the issue seriously by immediately venturing to the villages and districts for the election campaign instead of remaining cooped up in the capital and making contradictory statements, which does not help in the creation of a new Nepal.

Seriousness

It is high time that the eight party leaders met and chalked out the future path. Only then will they be able to convince the electorate that they are doing the right thing and exhibit their unity. Concrete action is needed at the moment to ensure that everyone is seriously interested in having the CA polls held successfully. The people are important, and this must be genuinely realised by the political parties.

Source: The Rising Nepal, August 17, 2007

Cold feet

The government has fallen distinctly short of meeting its targets outlined in the Water Resources Strategy, 2002. For instance, the strategy envisioned generation of 820 MW of electricity through hydropower projects by 2007, but the existing maximum power generation capacity is a paltry 560 MW. Another goal was to increase the share of private investment in hydropower sector to 75%. As things stand, private sector involvement is limited to very small power plants. Other areas where the government made some progress but failed to meet its targets are water supply and sanitation, and irrigation.

The strategy, say its proponents, was not ambitious (one big hydropower project would have been enough to meet the country’s power needs). They are unanimous in their view that even though the decade-long Maoist insurgency erected countless hurdles for effective implementation of their outlined plans, the failure to meet even modest targets can by and large be attributed to the lack of political commitment and incompetent leadership. As usual, Nepali political leaders and top-level bureaucrats have proven themselves ultra-efficient in making big promises but found to be developing cold feet when it came to making a real difference. Building a new Nepal starts with the readiness on the part of those occupying responsible posts in the government to change their outmoded mindset that tends to encourage rewards for producing practically nothing of substance. Old habits die hard. And yet, unless Nepali leaders and bureaucrats are weaned off the culture of exalted sinecures, carving out a new Nepal will be that much more difficult.

Source: The Himalayan Times, August 17, 2007

The bottom line

Five days of disruption in the publication and distribution of The Himalayan Times and Annapurna Post by a Maoist trade union — All Nepal Communication, Press and Publication Workers Union — has ended after Wednesday’s stay order of the Patan Appellate Court directing the union to desist from obstructing the publication and distribution. The order will remain in force pending the final decision on the petition filed by the Asia Pacific Communication Associates (APCA) Nepal, the sole marketer for the two newspapers. The stay order is based on the court’s assessment that such obstruction violates the constitutional and legal right of the people to get information. At the same time, the court emphasised the need for amicable settlement of disputes. In another encouraging development on Wednesday, the Maoist-affiliated All Nepal Federation of Trade Unions gave an undertaking that it would not disrupt the printing and distribution of newspapers and close media houses while fighting for the rights of workers. MP Salikram Jamakattel, president of the federation, said: “We will opt for other forms of protest”.

The stay order has come as a huge relief for some other media organisations, too, that are facing similar workers’ agitations. As the basis for the stay order is the public’s right to know, it should therefore imply that media owners should also respect that right, except within specific conditions beyond their control. No grounds should be provided for charges of double standards. For instance, cable TV operators have threatened to take all channels off the air if their demands are not met. In future, the kind of the recent closure of Nepal Samacharpatra for four days might also provoke public questions — and probably court petitions — about the violation of the right to know. The Appellate Court’s order has also put on the management of media houses the responsibility of “moving seriously to resolve disputes through mutual discussion, understanding and credible mediation”.

Both legal rights — the citizen’s right to know and the workers’ right to fight for their rights — should be protected. Here, understanding of each other’s difficulties and legitimate positions is the key to resolving all disputes. This means the workers should put forward reasonable demands from various angles — legality, workers’ legitimate needs, the management’s capacity to meet them and other pertinent circumstances. In fairness to the workers, the management of any company should be willing to listen to their demands and try its best to respond positively to all legitimate ones. Attention may also be drawn to the danger of complacency in this regard. The worker agitation at media houses also stresses the need for setting up an effective conflict resolution mechanism and improving worker-management relations. The bottom line is: the company should survive and go on. Otherwise, all sides, including society, would stand to lose — probably the workers even more.

Source: The Himalayan Times, August 17, 2007

State of the nation : Looking ahead to CA polls

Ajit NS Thapa


With less than 100 days left for the Constituent Assembly (CA) polls and in view of the ongoing turmoil, genuine doubts prevail over whether the polls will be held on the stipulated time. The recent havoc caused by the floods in the Tarai, the spate of transport blockades and forced closures of businesses by multiple political, social and geographical groups demanding, among others, separate autonomous state within a federal structure; and the unabated killings of political workers, civil servants and ordinary citizens of hill origin by non-descript groups masquerading themselves as the champions of the rights of the Madhesi people have left the nation devastated.

To add fuel to fire, the Maoists’ recently concluded plenum, which among others, has demanded the declaration of republic prior to the elections and that the CA members should be elected on proportional representation rather than through the mixed system (earlier agreed upon by the eight party alliance), has further muddled the prospects for the November 22 elections. As if this were not enough, the recent raid and looting of arms by a group of seemingly disgruntled Maoists from a police post in Nuwakot has raised suspicion of Maoists intent on the polls.

Furthermore, the lawlessness and criminal activities perpetrated by the Young Communist League (YCL) has severely dented the credibility of the Maoists. While the entire nation is suffering under the deteriorating law and order situation, the present eight-party government appears unfazed and conducts itself on a “business as usual” mode. There is no sense of urgency and purpose and no serious efforts (other than empty speeches) made towards making the public feel secure. The nation is caught up in a whirlwind of violence, blockades, strikes and demonstrations conducted by diverse groups with a multiplicity of demands.

However, on introspection, even this bleak scenario has a silver lining when one thinks of the tremendous and unprecedented outburst of enthusiasm and energy emanating from so many quarters to demonstrate their unique identity and demand their rightful place in society. Unfortunately, there are negative aspects of this development and this is manifested in the ready adoption of the culture of violence as a means to redress one’s grievances. Although the government has been engaged in negotiations with various groups such as the Madhesi Janadhihkar Forum (MJF), the Chure-Bhavar group and the Federation of Indigenous Nationalities to settle their demands, it has hardly succeeded in bringing them to a successful conclusion.

What the government sorely misses is a comprehensive strategy, adequate homework and consultation among the eight parties in the alliance. However, we could indeed have the Constituent Assembly elections and bring about the much desired peace and political stability if the alliance were to focus on the following issues: a) Adherence to the mandate of Jana Andolan II — the establishment of a fully functioning democracy with or without ceremonial monarchy. b) Restructuring of Nepal into appropriate numbers of self-ruled states on a federal setup. State formation would encompass such criteria as population, ethnicity, language, geography and economic self-sufficiency. c) As Nepal is dependent on the international community for its survival and development, it should seek their close co-operation in making CA polls a success. India must help Nepal settle the Tarai unrest through enlightened intervention and also help make Nepal’s internal security apparatus effective by blocking the entry of criminal elements across the porous border. d) Strengthen security situation for holding free and fair elections. The eight party alliance must rethink its original strategy of keeping the Army behind the barracks and recruit temporary security personnel to boost our police and Armed Police Force. Using the army would be the most effective (costwise, too) to provide adequate security for the polls. The Maoists should be less sceptical about this since the army is now fully under the control of a democratic regime and not under the monarch. e) The Maoists must exhibit sincerity in joining mainstream politics. Towards this end, it must rein in the misdirected and unlawful activities of the Young Communist League in order to win the hearts and minds of the people.

Our country is a land of terrific people, great places and tremendous potential — all that now look for is peace and stability. Our leaders must rise to the occasion and put aside their partisan interests for the larger benefit of the nation. At this critical juncture in our history, it would be wise if we were to follow the wisdom propounded by late BP Koirala. “In a period of national crisis, national interest is best served by the coming together of all stakeholders in

Source: The Himalayan Times, August 17, 2007

Uneasy marriage

The Nepali Congress split up mainly because of its internal struggle over power and position. Reunification efforts are stumbling over similar issues. But time seems to be running out for now, given that the Constituent Assembly (CA) elections are only three months away. Sher Bahadur Deuba, president of the breakaway NC-D, vented his frustration in public on Saturday at the lack of result from the unity talks. He threatened to declare the unity talks “abortive” at this week’s NC-D central working committee meeting, and then move on to a “campaign of party organisation” for the polls. According to him, the unity efforts “turned into disappointment” and the time “had run out for unification”. Accusing the parent party establishment of dilly-dallying, he complained that “because of the unity talks, we could not even organise”. NC-D leaders say they had “shown utmost flexibility but the Congress leadership ignored us”.

Deuba has a valid point. After reunification, the NC-D would cease to exist. So, entanglement in unity efforts affects its full and independent working, psychologically and practically. But both Koirala and Deuba want unity, not for anything but to boost the Congress’ poll prospects. On Koirala’s reckoning, the Congress may suffer a “considerable loss” with the NC-D fighting the elections as a separate party in the first-past-the-post phase, which accounts for about half the seats in the CA polls. The NC-D leadership’s fear is that without the parent party’s banner, the NC-D might go the way of the CPN-ML, the then breakaway from the CPN-UML. This is likely to give the Leftists an electoral advantage, a calculation that prompted the Congress’ friends at home and abroad to urge unification.

However, personal and factional interests have come in the way. Both leaders are ready for unification, but on their own terms as far as possible. Besides, there are people on both sides of the divide who think they might lose status and power in the post-unity party adjustments. That is why not much has come of a series of meetings that has taken place after a task force was formed to sort out the unity issues. Deuba appears interested in the settlement of the leadership question of the unified party after Koirala’s disappearance from the scene. This also brings to the fore the lack of self-confidence in second-generation Congress leaders, including Deuba. They want to be anointed by Koirala as his successor, rather than win over the party on their own merit in a democratic manner. The impasse revolves round such issues as precedence, induction of members into the CWC, allocation of important central posts such as vice president and general secretary, the distribution of the central departments, and party posts from the regional down to the grass-roots level. Strong factional mentality that has developed in the Congress over the years is unlikely to go away even after unification. It may flare up in the future, particularly after the marriage of convenience is over.

Source: The Himalayan Times, August 14, 2007

Maoist's Approach and the Constituent Assembly Election

Vikram Singh Basnyat

The entire sundry have been examining about Constituent Assembly (CA) election more than ever after the peace talks between the then government and the Maoists. The twelve-point agreement between the Seven Party Alliance (SPA) and the Maoists sponsored by New Delhi and of the CA elections agenda has taken a speedy ride. Nobody can in reality contradict that CA was the Maoists insist, which the SPA came to rescue after signing of the agreement. Election of any form may it be at school, clubs or national, it requires surroundings where all of the right and freedom of the people or participants is exercised to make up the mind to your appeal and preference. The Eight Party Alliance Government (EPAG) and every single political party signifying the Interim Parliament (IP) must work to construct this desirable atmosphere. The gossip, news and incident that take place and are accepted become visible that Maoists necessitate being more loyal to the dynamics of democracy rather than misusing the dynamism that the people really hold. If CA is the Maoist's baby, why isn't the Maoists clear how elections are held?

Deserting the cantonment

The PLA leaving the cantonment is not encouraging at all. Some may think and wonder that the Maoists are breaking down, they aren't they are playing as per the strategy to seize all the segments of the state to gain supremacy. Is this a ruse of the Maoists of exercising all the strength may it be in the forest, legislature, street or the government to take over power?

Young Communist League (YCL) and the activities:

YCL is a sister organisation of the Nepal Communist Part Maoist (NCPM) which does not have a good record because of activities that has taken place. A mixture of personalities spell out that the some members of the YCL were militants of the People's Liberation Army (PLA), the Maoists military wing which does suggest that this is not the organisations to help foster democracy and party values but is an establishment that attempts to suppress people's rights. The items of the peace accord have been flouting as well as the unruly, disruptive and irresponsible behaviour has hindered people's expectations. The incident at Dolakha the other day expresses its continuation of rampage and extortion from the hapless people from all walks of life. This is acting as self-appointed police and making it difficult to create a conducive environment. Beating up the Chief District Administrator is never a good sign being part of the government and the IP

Use of a Democratic face

The NCPM as an ingredient of the EPAG has been and is functioning against the government and acting as the opposition party. Is Nepal TV (NTV) turning MTV a Maoist TV? If the ministries are the belongings of the government, let it feel right to the people not the political parties. When the EPA have already decided that the future of the Institution of Monarchy (IOM) would be decided by the people through the CA elections why is the Maoists not being resolute in their standpoint and rerouting themselves rather than concentrating on the attention required for the election?

Diplomatic Community

It is always valuable to pronounce to on every occasion the interest of nations especially the neighbours in the present-day perspective. The diplomatic community's engagement with Nepal's policy is playing a decisive role for the future of a peaceful and democratic Nepal. The Nepalese leaders need and require being more nationalist than ever in this fragile environment of the peace process. Well are we clear of what the present circumstances is? Is it a peace process, post conflict, an opportunity to consolidate authority by the political parties or a phase of a protracted war? Will we betray this nation of ours if we do not be a pro Nepali rather than commenting being anti India, anti China or anti US?

India does not recognise that IOM is a symbol of unity and stability anymore but has left it for the people to decide. Political, economic, energy, water and security interest are of priority for our southern neighbour. With security interest can we assume by mentioning containment of illegal arms and ammunitions within the border to prevent escalating terrorism problem within her own border? Will our friend who is so thoroughly watching the development use the Madhesi crisis as an issue for their advantage to influence and dominate politically as well as a security corridor?

We can notice the shy China turning into an actor in Nepal's policies. Is it because the Himalayas are just borders but not barriers? As Nepalese are basically communists in nature enhancement of political interest would be surprising. The investment in Tibet and the modern link from the mainland would ask to increase and boost economic association. To safeguard one China policy and the territory not to be used for anti China activities and prevent Nepal being politically dominated by other external powers like India and the US, we can see development of security interest.

USA will not accept like Bolshevik Party and its leader Lenin violently and aggressively asserted their dominance over the other parties, sidelined the CA and created their own republic. Will the Nepalese territory be used by the US to contain China from the south? Will the US enhance free Tibet movement and activities? The former US ambassador Mr. Moriaty has did spell out that the NA be firmly under civilian control. The US has also categorically said that the people to decide on the concern of IOM and the type of democracy for peace and prosperity.

Some Scandinavian nations support the NCPM and their cause. The UK may stipulate for a free and fair atmosphere for the elections of the CA.

Conclusion

IF all agree that people is the strength, aspiration and all the available adjectives and nouns you can think of, let us sit down to create the atmosphere for a free and fair elections to observe a democratic and peaceful Nepal the people so desire.

Why can't the political party's that opt for constitutional monarchy and multiparty democracy demonstrate to the people to justify that this is one option for Nepal's destiny? Why can't we witness more political activities in all parts of the country?

The pronouncement after the Maoists plenum for a people's revolt is not going to justify the actual desire of the people but will destroy the understanding of democracy and peace that the people are peeping for. If the NC, NCD, UML and other political parties still presume that going against the Monarchy is the unifying factor of the EPA, it will be another mistake. It is not monarchy that will undergo it will be consolidation of democracy and the people that will suffer. It wouldn't be incorrect to envisage that Nepal will turn red under the communists and the impact that will have in the region is more to consider not just India and China but the US but as well.
The international community and all the interest groups are available close by to observe the people's aspirations.

If the people had the right to decide the future for a new Nepal why does it have to be the people revolt that the Maoists leadership seem to prefer. CA is another form of revolt, Prachanda please be a 21st century communist leader and learn to live in the democratic surroundings which no valour can oppose or combat to.

Source: Media for Freedom, August 5, 2007

Creation Of Election Atmosphere

Narayan Prasad Wagle

The constituent assembly (CA) election is a mere three months away, but the major political parties are still reluctant to interact with the people in their villages and towns. It is time the leaders of the political parties were at the doorsteps of the people, often dubbed the source of sovereign power. While the security problems in the Terai remain more or less the same, it looks as if the major parties themselves may cause trouble in holding the election within the stipulated timeframe. The eight-party alliance that was mandated by the people to institutionalise peace, prosperity and parity in the country seems to be embroiled in the same old problems in new ways. The petty political interests have emerged dominant upon the burning national issues.

Monarchy

Following the expanded meeting (plenum) of the Maoists, the monarchy, the most debated topic ever in the history of Nepali politics, has taken centre stage. The Maoists have made it clear that they want a republican order in the country before the CA polls. Similarly, their demand for a fully proportional representation system of election has ignited fury among the parties as it was a settled issue in the eight-party alliance. If the demands are meant to satisfy the disgruntled cadres and use the hot slogans for election purposes, there is nothing wrong. But if they are meant for evading the polls for fear that they would be defeated, it will be disastrous for the country. Although the demands they are making hold some water, it is too late to take a stand on them as a precondition for the constituent assembly election. So it is better for them to learn lessons from what has already taken place in order to master the tactics of peaceful politics.

The reluctance on the part of the Nepali Congress and Nepali Congress-D can be logically attributed to their split. The sooner their unification takes place, the faster they will become ready to face the election. Apart from the apparent issue of unification, taking a clear stand on the issue of monarchy has been equally challenging for them. The difficulty in deciding the fate of the monarchy is that a good portion of the leaders see no wrong in a democracy with the ceremonial state of monarchy, for which international support can also be easily garnered and which may help them to pursue the middle path, with the royalists and the Maoists balancing each other. Another major party in the alliance, the CPN (UML), is also not going to the people with fervour and enthusiasm. On the surface, it does not seem to have outstanding problems in the party nor has it set any preconditions for the CA election. One reason may be that this party has rarely taken a leadership role at historic moments or a firm decision. So it may be hesitating to take a lead in this regard also. Also, its unwillingness to form an alliance with the Maoists on the one hand and its fear that its voters will be divided between them on the other have made it less optimistic about the result of the polls. As we know that the constituent assembly election is different from the general elections that were held for the parliament in the past, the creation of an election atmosphere is vital. Issues of a new constitution and restructuring of the state are hard to understand even for educated persons. It is, therefore, qualitatively difficult for the illiterate people to grasp even bits out of the heap. But because it is difficult to make people understand constitutional issues and issues of state restructuring, the political parties should not be stealing uninformed consent of the people for their own sake. That will just be a mockery of the people's consent and the democratic process at large.

The political parties should have brought out their election manifestos earlier than they used to do so in the past general election so that people have a perception of the state of things. But their reluctance has indicated that they are not interested in giving the right message to the people who fought for loktantra - a system they believe will bring peace, prosperity and parity in the country and end feudalism and injustice forever. As the report of the UN Secretary-General rightly observes, "The stakes are too high; complacency or differences over secondary issues cannot be allowed to threaten to deny the people of Nepal the realisation of their ardent desire for sustainable peace."

Security

The major parties irrespective of short-term political gains must pass the test of time of holding CA election on time. Instead of haggling with the other parties over important posts or privileges, they need to focus on key issues like security, including the model of security sector reform, redressing the grievances of the marginalised people, management of cantonments and the formation of the Truth and Reconciliation Commission. In order to avert the unprecedented disintegration of the Nepali society, the parties must go to the people without creating one pretext or the other and render the CA election a success.

Source: The Rising Nepal, August 14, 2007

Prachanda's Pronouncement

Chairman of the Communist Party of Nepal (Maoist) has made an assessment of the current political situation with reference to the evolving political trends in the country. Speaking to the press to share the outcome of the fifth plenum of the CPN (Maoist) organised last week, Chairman Prachanda spoke on a large number of issues ranging from republicanism, people's revolt to election to the constituent assembly. Chairman Prachanda rightly reiterated the commitment of the Maoists to participate in the constituent assembly polls and ensure that the democratic process is allowed to garner a thumping success. However, he floated some caveats with regard to the constituent assembly and mentioned that reactionary elements may hatch a conspiracy against the successful holding of the polls to the constituent assembly. Moreover, he expressed his doubts over the democratic outcome of the constituent assembly polls as the King cannot be expected to renounce the throne even if the assembly decided in favour of a republic.

Regardless of the doubts and caveats, the outcome of the fifth plenum shared by Prachanda affirms that the CPN (Maoist) is determined to participate in the constituent assembly polls, and commitments expressed by its top boss is indicative of the fact that the party would like to establish a broader political front in favour of abolishing the monarchy and creating a basis for a republic and democratic Nepal. The disclosure that the party is going to form a panel headed by one of its senior leaders with the other political groups to hold dialogue with a view to establishing this broader alliance could be in place to fight for a republican Nepal in the elections to the constituent assembly. This sets at rest the unnecessary and motivated speculations that the Maoists are abandoning the path of peaceful democratic competition. Some forces have even attempted to cast aspersions on the well-intentioned moves of the Maoists and spread negative and prejudiced views on the decisions adopted in the plenum. As there is no substitution to a peaceful political process, the CPN (Maoist) should remain committed to the peaceful and democratic means of political transformation as has been upheld and maintained by its leader Prachanda time and again. A peaceful and fair polls to the constituent assembly will lead the country through a maze of confusions and uncertainties, for which all democratic and progressive forces should remain firm and united.

Source: The Rising Nepal, August 14, 2007

Nepal’s Violent History Brushed Under the Carpet

Arati Singh

By setting up a High Level Investigation Commission last year, the government in Nepal tried to uncover the crimes of the state during people’s movement of April 2006. Since its inception those who had played momentous roles during the King Gyanendra’s direct rule had been questioned for investigation including the King himself. It is, however pessimistically queer to find our confinement of the spectrum to see only that as a period of atrocities.

A brief analysis on the history of crime by the State or political parties in Nepal reveals how unfair it is to limit ourselves to post 2004 age, when the King took over the political power in Nepal. Certainly the oppressors of the human rights must be punished. But by limiting utterly to a particular period Nepal is obscuring the history of crimes committed by the Maoists and the State.

Political leaders and intellectuals argue that what was done in the past must be forgotten with a commitment not to commit same kind of mistakes again. Moreover they opine that during this transitional phase it is not in the benefits of the peace to bring up the matters related to past atrocities of the Maoists and the State.

By forgetting the past Nepal cannot clean its thirteen year old violent history bloodless. Estimated 300,000 internally displaced people, 17,000 disappeared people by both the State and the Maoist, 1,480 deaths of police personals, a total death of 11,790 of Maoist cadres, civilians and army personals, losses of national property and economy at 1.5 billion USD and unreported but presumably numerous cases of killings, abductions, torture, extortion, and use of children for military purposes by the Maoists, these data design truth of Nepal. How can Nepal afford to bury these facts as if they had never happened? Millions of people still survive by the wounds of the violent past. Many have fled the country, many more have lost their beloved, many are rendered homeless, and tens of thousands of children have lost their educational age. How can the leaders prepare to be oblivion to these facts that has structured Nepal’s modern history?

On 8th November 2006, when Maoist and Seven political parties reached the historic agreement of consensus many leaders including Prime Minsiter Grija Prasad Koirala marked the day as a vantage time for the beginning of a new democratic Nepali era. However I think Nepal’s new era must start by going back to the history not eluding it. The leaders must remember the history and should begin from there. They should begin by being apologetic to the Nepali people for their grave abuses of human rights, torture, national destruction and trauma given. All the parties must start with a political practice of self criticism.

Once I had heard a political intellectual saying that only when political elites are willing to accept negative feedback from people who do not have their power and start structured self criticism, can a government reasonably claim to be “of the people, by the people, and for the people.” We have seen successive governments in Germany being symbolically self critical for its barbarism against Jews and, US governments to the “black” in many ways.

In an interview with BBC Radio on 7 October 2006, Prachanda, Supreme of CPN Maoist said that the lives lost and economic losses during the 13 years long political revolution must be considered as a part of Nepal’s movement towards enlightenment. This clearly shows he and his party are not critical of their past violent actions. And no wonder Young Communist League, a youth wing of Maoist today freely practice atrocities, torture and crimes. The other involved political parties too have so far maintained a kind of carefree attitude towards their past mistakes that had resulted in rampant atrocities and violation of human rights.

The leaders’ political growth directs country towards its development. Therefore the political parties instead of portraying their past actions perfect to the situation, must create their own space for growth by adopting a tradition of self criticism. Unless the leaders take responsibility of their past actions and be apologetic they can never win the trust of people. Attempts to justify the past violence simply give them mileage to continue more violence

The crisis of human rights violation in Nepal and rampantly growing sense of insecurity among civilians have steamed up because people have little or no faith on the leaders. The political leaders have failed to assure people that they have indeed given up violence and the violent history will not be repeated again. How those political parties, that are perceived as a threat and violent by the people can democratize and develop a country? The leaders must politically grow, followed by the country and its people.

Source: The American Chronicle, August 13, 2007

Nepal's Ex-Rebels Threaten to Quit Govt

BINAJ GURUBACHARYA

KATMANDU, Nepal -- Nepal's former rebels threatened Sunday to quit an interim coalition government unless their demands were met, which include the creation of a republic and protection against attacks from rival groups.
Communist rebel leader Prachanda told reporters his faction would leave the coalition government, formed as part of a peace deal, and launch protests unless other members of the administration meet the demands.
"We will decide within a week or 10 days," said Prachanda, who goes by one name.
The communists gave up a decade-old armed revolt last year to join the peace process and became part of the Parliament and government this year.
The former rebels have threatened to walk out of the government several times in recent months, but Sunday's warning was likely to be taken more seriously as it came after a weeklong meeting in the capital, Katmandu, between local and national-level leaders of the communist movement.
Former communist activists have been attacked by rival groups in recent months. At least 28 communist supporters were killed during one attack by an ethnic minority group on a communist rally in March in southern Nepal.
The former rebels also want other members of the coalition government to reveal the location of hundreds of their militants missing during years of fighting.
The other coalition partners in Prime Minister Girija Prasad Koirala's government did not comment on Prachanda's threat.
The government is to hold elections for a special assembly in November that would decide on a political system for Nepal, currently a constitutional monarchy, and rewrite the constitution.

Source: The Washington Post, August 13, 2007

Poor side of you

After a lull of a few days, the Maoist-aligned Communication, Printing and Publications Workers' Union (CPPWU) has done it again — disrupt the distribution of The Himalayan Times and Annapurna Post. Last time, the disruption went on for a week, and the publishers lost millions of rupees. This time, they have also obstructed the printing (Sunday's edition). All this ostensibly because the two newspapers carried Patan Appellate Court's summons to three union leaders asking them why the court should not issue a stay order against such disruptions. On Saturday night, union workers gheraoed the printing press and threatened staffers there. On Saturday morning, they seized all copies of both papers on the grounds that the editions carried news against them . On Friday evening, they had threatened editorial staffers at Annapurna Post with obstructing the distribution if the paper carried the news.The union workers have crossed reasonable limits. Now that the question of the news is over, how can they defend the continued disruption of printing or publication? Present union action at these newspapers has been over the demands of the cycle boys who deliver these papers and who are also allied with CPPWU. However, the boys are related to these newspapers only indirectly, as they are, for all legal and practical purposes, the employees of the nine distributors of these newspapers. This legal fact has made the workers' action all the more galling. They are supposed to put their demands or grievances before their management — the distributors concerned. In this, therefore, the International Media Network Nepal (Pvt) Ltd., the publisher of THT, and the News Media (Pvt) Ltd., the publisher of Annapurna Post, are not involved in any way. The union's illegal action has endangered the livelihood of 350 families directly dependent on these organisations.

CPPWU members have started a go-slow at the Kantipur Publications too, threatening stronger action. Some time ago, they had done it at Kamana Prakashan. Recently, their action led to the suspension of services of HBC FM. However, it may not mean that all of their grievances are necessarily unreasonable. This is something to be tested at the negotiating table if the disputants come with a flexible approach. What has been stressed here is the wrongness of their method. Obstruction of the publication or distribution of newspapers amounts to an assault on the independent functioning of the news media and this does not in any way promote democracy. Above all, the unionists have trampled upon the citizen's right to know. It is a universal marketing practice and also perfectly legal in Nepal to have newspapers reached to the ultimate consumers through a network of independent distributors. It becomes the duty of the government to protect the publishers faced with such illegal obstructions and threats. On their part, the Maoist leadership must become sensitive to the agreements they have signed in which they have expressed their commitment to free press, competitive politics and democracy.

Source: The Himalayan Times, August 13, 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

CA Polls: High Demands

Prem N. Kakkar

THE country has seen some more political developments in the past one week. An important one is making public the Rayamajhi Commission. In fact, there could be many reasons for the delay in making the report public. Now that the report and recommendations have been made public, the heat is now on. There are many who are not happy with it. But it must be agreed that this report has not suffered the same fate as the Mallick report that probed into the previous people's movement.

Sacrifices

It is appropriate that those who committed excesses during Jana Andolan II and misused authority and state funds ought to receive the punishment as dictated by the law of the land. If some laws need to be framed, the legislature parliament ought to move ahead with it. Only then will it be able to justify the people's sacrifices made during the April revolution last year.

It has also been suggested that action against those named in the report should be taken before the Constituent Assembly elections. This may be justified in the sense that the CA poll is the culminating point of the gains of Jana Andolan II for the present. That done, the people will be satisfied that their voices have been heard and they can participate in the polls freely and fearlessly to elect the constituent assembly which will have the task of drafting an all-inclusive democratic constitution.On the question of the constituent assembly election, various problems have been raised by various groups and parties. The Maoists want the declaration of a republican state before the polls while other groups have their own demands concerning representation and the voting system. The country is passing through a transitional phase, and it is only natural that such problems should arise. But they must be tackled in the best possible manner.

An armed struggle is not an answer to the problems facing the country. This was a fact realised very wisely by the Maoists. But there are some groups in the Terai that have taken up arms, and regular news of abductions and killings of innocent people are being reported. This is rather unfortunate because the sovereignty is vested in the people, and there are peaceful means to get their grievances addressed.Towards this end, the government talks team has sincerely taken up the task of holding talks with the various agitating groups. There have been some positive signals, but there is still more path to be covered. The agitating groups have their own set of demands, but resolving them is taking time, and so the talks have been lingering on. Just take the demand by a Terai group - that the legislature be dissolved. This is difficult to be fulfilled in the present context. The government talks team should do the necessary homework before it engages in talks with the various agitating groups. However, talks must continue till an amicable conclusion is reached. This is very urgent as the constituent assembly polls are just round the corner.

The deteriorating law and order situation in the country is also a problem. The government is aware of the unrest in the Terai and is trying to do the needful but has not made much headway. For this, the political parties, agitating groups and the people, in general, have to join hands. The commitment of the political leaders is of utmost importance. They should be careful as to how they express themselves to the people. Misleading comments and statements have to be avoided. Controversial statements go to create confusions among the people. Today's political leaders are experienced and seem to understand the pulse of the people, so they must avoid comments that stir up the people's negative sentiments. It is they that the people are seeing as saviours, and if they fail, it will be a misfortune for the country.ChallengesWith the focus on the CA polls, the parties have to get to the act of making headway in the direction. Concentrating themselves in the Kathmandu Valley will not be enough. It is time they spread out into the villages and the districts with the message of the CA polls. The risk factors are there, but they have to face the challenges. And in this rests the future of the country and the people.

Source: The Rising Nepal, August 10, 2007

Maoist Plenum : Unity To Continue

Vijaya Chalise

The fifth plenum of the Communist Party of Nepal-Maoist (CPN-Maoist) concluded after unanimously endorsing the political paper presented by the party chairman, Prachanda. The meeting has concluded that opting for federalism and the proportional electoral system would be prerequisites for creating a congenial atmosphere for the polls. The Maoist Party now seems to have formally set the proclamation of Nepal as a republican state and the proportional system of elections as the party's preconditions for participation in the Constituent Assembly (CA) polls.

Republican demand

Deputy commander of the CPN (Maoist) Barsha Man Puna said that the party would seek consensus from the other parties and the government for declaring Nepal a republic and adopting the proportional electoral system before going to the CA polls. The Maoist leadership faced enormous pressure during its six-day long expanded meeting of the party to either play an effective role to meet the expectations of the people in the interim government or withdraw immediately. However, they decided not to pull out of the government for now. The decision to keep the eight-party coalition intact has assured the people again that the peace process would not face any hitches and the CA elections would be held.The delegates had expressed strong dissatisfaction with the government's working style, and some of them had alleged that the eight-party government had failed to address genuine demands of the Madhesis, ethnic nationalities and the oppressed. For that reason they argue that the new bases for the coalition to continue would be the declaration of a republic and proportional electoral system, as Prachanda's paper states, the CA poll cannot be held as long as the monarchy exists. This may call for another revision in the interim constitution.

In the political agreement reached between the Seven Party Alliance and the CPN (Maoist) on November 8, the Maoists had taken a soft position as there were many internal and external forces barring them from joining the interim government. Therefore, the UML was the only party sticking to the proportional electoral system at that time. Some political parties, namely the Nepali Congress, however, differ on whether the electoral system can be changed. The CA elections are barely 103 days away. The Maoist's fifth expanded meeting, however, endorsed the political proposal including the proclamation of a republic and a fully proportional electoral system for the constituent election polls. The document presented by Party Chairman Prachanda has underlined the need to create a congenial environment for the constituent assembly elections. Observers, too, say that the new bases for eight-party unity might be based on a broader republican front for the CA election. Madhav Nepal, General Secretary of the Communist Party of Nepal (United Marxist- Leninist) has been emphasising an eight-party republican front to keep the eight-party unity intact. The Maoists favour a front among the political forces that want a republican set-up in the country. Likewise, Maoist leaders have proposed to the government taking a joint eight-party political campaign to the Terai as there is a possibility of some Madhesi groups disrupting the constituent assembly polls.However, Prime Minister Girija Prasad Koirala has reportedly told the Maoist leaders that there can be no preconditions for the polls. However, he has not yet made any reaction regarding the Maoist's preconditions. Likewise Minister for Peace and Reconstruction Ram Chandra Poudel has expressed his displeasure, saying how a party that was fighting for a constituent assembly, even when others were sticking to a monarchial parliamentary system, could be shying away from the CA polls, setting preconditions for the polls.

Thus, the bone of contention seems to be the question of whether the country should be declared a republic before the polls or to leave it to be decided in the first meeting of the Constituent Assembly after the polls. The Nepali Congress (NC) wants the fate of the monarchy to be decided by the first meeting of the constituent assembly; however, other major political parties, including the UML and Maoists, want a republican set-up to be declared before the November polls. The CPN (UML) has floated a mid-way solution as well - holding a referendum to decide the place of the monarchy in the future political scenario of Nepal. However, UML leaders say that their party is open to both options backed by the NC and NCP (Maoist). UML General Secretary Nepal has repeatedly said that the political parties should not hesitate to go for a referendum. Likewise, the NCP Maoist's argument that the Constituent Assembly (CA) election could not be held unless Nepal was declared a republic cannot be ignored. Not only the Maoists but civil society activists, too, believe that declaring Nepal a republic is essential if the constituent assembly election is to take place. Therefore, it would be wise to build consensus among the major political forces to guarantee and institutionalise the achievements made after the April movement. The objectives of the Jana Andolan would remain incomplete until the constituent assembly elections were held in the country. The government is lagging behind in showing its political commitment empowered by the Jana Andolan. It is true that once the leaders reach high places, they usually forget the ground reality that it was the people who catapulted them to power.Collective approachThe need of the hour is for all the political forces and the civil society to create a congenial environment for the constituent assembly polls, as the constituent assembly is the only means to settle the contentious voices raised from different corners. Obviously, the main hurdle in holding the polls seems to be the Terai issue, and a collective approach is the only way out. The 20-point agreement reached recently between the government and the Nepal Federation of Indigenous Nationalities (NEFIN) is a welcome sign. In the same vein, the Terai issues could be solved once and for all, helping to create a congenial environment for the election.

Source: The Rising Nepal, August 10, 2007

Don't Dissociate

The Nepal Sadbhavana Party (Anandadevi) has called back its representative Minister Rajendra Mahat from the government, arguing that the grievances raised by the Madhesi people could not be redressed by being the part of the government alone. In a statement issued Monday, Nepal Sadbhavana Party made it clear that the organisation will remain committed to the eight party alliance and extend support to the government even though it has formally withdrawn from the government. There may be several excuses for the Terai-based party to quit the government. But the question is whether it was the right time for the party to dissociate itself from the ruling dispensation because it is a time when a united and associated approach is necessary to address the problems faced by the country. One must mention that the Nepal Sadbhavana Party (Anandadevi) has always been apart of the national democratic movement in the country.

It has always thrown its weight behind the democratic movement in the country and allied with the forces ranged against authoritarianism. Take the instance of the democratic people's movement accomplished one-and-a-half years ago. The party was at the forefront raising revolting against autocracy. When the citadel of authoritarianism collapsed, it was an important architect in the process of conflict resolution and political transition in the country. When the issue of Madhesh was raised by other actors, including the Madhesi People's Rights Forum, more articulately and vehemently, there was an impression that the political monopoly of Nepal Sadbhavana Party as the singular representative of the Terai issue was being challenged. The party sought to project a bolder image as the sole, democratic and legitimate agent of the Terai people. Its representative in the government, Hridayesh Tripathi, had also resigned from the government, citing explicit displeasure with what was alleged as the indifferent attitude of the government towards resolving the issues of Madhesh. However, the present announcement regarding the dissociation of the Nepal Sadbhavana Party has come at a time when the country is nearing the elections to the constituent assembly. The party should reconsider its decision and be part of the government to add more weight to the resolution of the problem.

Source: The Rising Nepal, August 8, 2007