Nepal: Bhutanese Refugee Tensions Erupt Into Violence

(Washington, DC, May 31, 2007) ? Violent clashes this week resulting in two deaths in Nepal's Bhutanese refugee camps underscore the need for the Nepali police to protect refugees from mob violence and ensure their right to peaceful expression, Human Rights Watch said today. The death of a third Bhutanese refugee in a confrontation with Indian police forces this week indicates that all sides must exercise restraint before tensions escalate further with even more loss of life.

Human Rights Watch is concerned about the escalation of violence in the refugee camps in eastern Nepal and along the Indian border, which some refugees have been attempting to cross in a march to Bhutan.

On May 27, a group claiming to be members of the Bhutanese Communist Party (Marxist-Leninist-Maoist) attacked refugees who have voiced support for a US offer to resettle Bhutanese refugees. The attackers beat at least one refugee leader and destroyed his and several other huts in Beldangi II camp in eastern Nepal. Similar attacks occurred in another camp, Beldangi I, where several huts, including the camp administration office, were also burnt down.
In response to the violence, a contingent of the Nepal Armed Police opened fire on the mob and reportedly killed a teenage boy. By some accounts, police shot a second teenager on Monday who died later that day in hospital.

"Nepali police need to protect the Bhutanese refugees and their right to peacefully express their views on resettlement or return," said Bill Frelick, Refugee Policy director of Human Rights Watch. "Factions of Bhutanese refugees divided over the resettlement issue should reflect on the tragic loss of these young lives and conclude that fighting each other will not solve their plight."
Refugees or others who resort to violence and attack refugees with whom they disagree must be arrested and prosecuted by Nepali authorities, Human Rights Watch said. At the same time, the police should avoid excessive force in maintaining order.

While a US offer to resettle 60,000 or more Bhutanese refugees has given hope to many of the 106,000 refugees living in Nepal, some refugees see the resettlement offer as undercutting the prospects for repatriation and have increasingly resorted to threats and violence to prevent other refugees from advocating for solutions other than return to Bhutan. In a report published earlier this month, "Last Hope: The Need for Durable Solutions for Bhutanese Refugees in India and Nepal," Human Rights Watch warned that tensions in the camps are growing.
"Although there is no question that Bhutanese refugees have a right to return, they also have the right to make choices on essential issues like resettlement without threats, intimidation or violence" said Frelick.

In a related development, a group of Bhutanese refugees this week attempted a march to return to Bhutan. Bhutan and Nepal are separated by a strip of land belonging to India. Indian police forces clashed with the refugees at the Mechi River bridge that serves as the crossing with Nepal. Refugees pelted the police with stones, and Indian police fired on the demonstrators, killing one and injuring others. The standoff ended after local leaders talked with Indian authorities who have agreed to forward their demands to the relevant officials in New Delhi.
Repatriation of Bhutanese refugees must be accompanied by the restoration of rights, and should include monitoring and assistance from the UN High Commissioner for Refugees. At the present time, none of the conditions that would allow them to return safely and in dignity have been met, Human Rights Watch said. "Groups of Bhutanese refugees should not resort to violence in exercising their right of return, and the Indian police should also act with restraint and compassion for the refugees," Frelick said.

The Bhutanese refugee crisis began in 1991 when Bhutan started to expel ethnic Nepalis, a policy that resulted in the expulsion of one-sixth of the country's population. So far, in complete violation of international law, Bhutan has not allowed a single refugee to return. Consequently, the refugees have endured years in cramped camps with no prospects for solutions, conditions that have led to domestic violence and other social problems that have come after protracted periods in closed camps. Before any solutions can be achieved, Nepal must provide sufficient security in the camps to enable refugees to express their opinions and exchange information freely, Human Rights Watch said.

At the same time, the United States and other resettlement countries should expand an information campaign in the camps to reiterate that the choice of resettlement is voluntary and does not in any way extinguish the right of return. The countries offering resettlement need to provide detailed information about the rights and benefits for refugees that choose to resettle in their countries. Together with the rest of the international community, particularly India, these countries should bring pressure to bear on Bhutan to permit the refugees to return home in safety and dignity and to end discrimination against its ethnic Nepali citizens.

Source: Reuters News, May 31, 2007

Finding light

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

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

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

Source: The Himalayan Times, June 1, 2007

Political transition: Factionalism is undermining democracy

Ganga Thapa

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

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

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

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

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

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

Source: The Himalayan Times, June 1, 2007

For Gender Balance

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

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

Source: The Rising Nepal, June 1, 2007

EC Preparations

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

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

Source: The Rising Nepal, June 1, 2007