India's silent war

Jack Leenaars*

Nepal's Maoists are known throughout the world for their liberation war. But who has heard of the 'red battle' being waged by their Indian comrades?For 40 years, Maoist guerrillas, or Naxalites as they are called in India, have been using dense jungles and forests as a base for their operations against the New Delhi central government.

The struggle is centred in Chhattisgarh state, one of India's poorest states, where a violent campaign against the Naxalites was launched in June 2005. Both sides are guilty of human rights violations, and with more than 50,000 refugees, precious raw materials to exploit, and the local tribal population the biggest loser, the conflict has all the ingredients of a dirty war.

In the line of fire

Between police troops and paramilitaries on one side and Maoist insurgents on the other, the Maraiguda refugee camp has been on the frontline of this silent but raging war in the tribal heartlands of India.

Sauntering past the barrier of the Maraiguda camp is 22-year-old Dharma. He has a rifle slung over his shoulder and a small radio in his hand. The sweet sound of Bollywood soundtracks seems out of place amidst the estimated 1300 villagers who have sought refuge here.Although this morning's patrol was quiet, the dark nights can be quite a different story if the Maoist guerrillas in the adjacent forests decide on a surprise attack, as was the case last Saturday.The road to the nearest village, Golapalle, about 25 kilometres away, runs along the camp's watchtowers. "It's very dangerous. The area is held by Naxalites," says Dharma, who has been in the anti-Maoist civilian militia for a month. He was born in the area but anyone who remains there is considered a Naxalite.

Rebellious beginnings

The name used for India's Maoist rebels refers to Naxalbari, the place where a local rebellion against landowners broke out in 1967. The insurrection was put down in the 1970s but splinter groups remained active. In September 2004 the most important groups fused to form the Communist Party of India (Maoist), an underground political movement that advocates an armed struggle to free India of all feudal and imperialistic influences.The rebels' strength lies in the weakness of the state. In areas where the government is noticeably absent, the rebels fill in by setting up their own administrations based on Maoist principles.

Security service sources say a maximum of 15,000 revolutionaries are active in 13 of India's 29 states. They form a 'red corridor' stretching through nearly one quarter of India, from the far north to the south.Contented paramilitary fights backThe explosive growth of the Naxalites has led to increasing confrontations with the security forces. The fighting in Chhattisgarh is more intense than anywhere else. It is here that the 'Salwa Judum' (peace mission), an anti-Maoist campaign, began two years ago. In June 2005, local people spontaneously joined the Salwa Judum to combat the Naxalites. The leader of the movement, Mahendra Karma, explains, "it's a people's campaign".

Opinions in Chhattisgarh are divided as to whether the campaign began of its own accord or not. Opponents of the Salwa Judum say that the police and local elite, who have been hard hit by the Naxalite insurgency, strategically established it in order to gain control of Chhattisgarh's natural resources (iron ore, coal and bauxite), which remain as yet unexploited. However, the Naxalites are against the utilisation of these resources, arguing that the local tribal people will be cheated in the process.The government, however, has gratefully adopted the Salwa Judum as a paramilitary force. It is about 5,000-strong and its members are termed 'special police officers'. For the most part, they are young men like Dharma who, after a short period of training, are armed with rifles, knives or traditional bows and arrows and deployed against anyone that could be termed Naxalite.

More than 700 villages have been deemed Maoist and 50,000 villagers have been forced from their homes into camps. The Salwa Judum works on the principle that those 'who aren't with us, are against us,' and, thus, a Naxalite.

Enduring conflict and corruption

A journey along National Highway 221, a sand road pitted with craters, shows the effects of the Salwa Judum campaign. Overflowing refugee camps alternate with ghost villages, whose residents have fled for fear of reprisals. Human rights organisations have condemned the Salwa Judum. The Asian Centre for Human Rights says that 363 people were killed last year in the violence and 101 people were killed in Chhattisgarh during the first quarter of this year.The Indian Supreme Court joined human rights groups this month, calling on the state government to review its support of the campaign against the Naxalites.

"In human terms, the situation is a tragedy," says activist Ilina Sen, whose husband was arrested last week on charges of having suspicious links with the Naxalites. "But the backing of the Supreme Court is incredibly important. The government must listen to its advice and change its policy."The question remains, however, as to whether the Supreme Court's decision will provide a solution for the civilian population caught up in the conflict. For the time being, it seems they will remain in the line of fire.

Source: Radio Netherlands Worldwide, May 30, 2007

Nepal leaders fix poll time, rescue parliament

Nepal's deadlocked peace process inched forward again after the leaders of the ruling alliance agreed to hold the stalled polls in November and persuaded dissenting MPs to allow parliament to sit after remaining disrupted for nearly six weeks. The constituent assembly election, which will decide if King Gyanendra loses his crown, will now be held by the second week of autumn month of Mangsir, anytime between November 24-30, MP Amod Prasad Upadhyay said after the chiefs of the eight-party ruling coalition met at Prime Minister Girija Prasad Koirala's residence.

The decision was taken after the international community began expressing concern at the delay. A delegation of the European Union ambassadors in Nepal recently met both Koirala and Maoist chief Prachanda. The Indian ambassador to Nepal, Shiv Shankar Mukherjee, and his American counterpart, James F Moriarty, also met Madhav Kumar Nepal, whose Communist Party of Nepal-Unified Marxist Leninist was said to have been holding up the coalition meeting.
The Maoists, however, had a note of dissent. While welcoming a fresh poll date as a positive step, the party, whose office was targeted with a attack earlier this week, said it feared that King Gyanendra, who could be dethroned by the poll, would try to sabotage it.

Reading out the note of dissent, Maoist MP Dinanath Sharma said since free and fair polls were impossible as long as the institution of monarchy remained, the eight parties should abolish the 238-year-old institution and declare Nepal a republic through a parliamentary declaration. The meeting also persuaded the MPs who have been stalling parliament since mid-April to call off their protest. First the Maoists and then the MPs from the Terai plains began disrupting the house. Though the Maoists later backed down, the plains legislators kept it up, demanding scrapping of a controversial commission formed to delineate new constituencies for the election. As a compromise, the eight parties agreed to review some of the contentious recommendations made by the panel.

However, though the house reconvened on Thursday, the opposition parties remained on the warpath, accusing the government of heeding only the demands by its own partners. The biggest opposition party, the Rastriya Prajatantra Party, is demanding a commission to investigate the killing of its sitting legislator, Krishna Charan Shrestha, in the Terai plains. The law and order situation has been worsening alarmingly in the Terai, where armed groups have mushroomed, spreading violence and terror. At least two of them have said they would oppose the election, just as the Maoists did in the past.

Another serious drawback to free and fair polls is the increasing flexing of muscles by the Maoists, whose sister organisations have been carrying out extortion, violence and other unlawful activities with impunity. The RPP and its splinter, RPP-Nepal, that is pro-palace, have had their public meetings attacked by the Young Communist League, the dreaded youth wing of the rebels. Earlier this month, when RPP-Nepal tried to hold meetings in Pokhara city, the administration told it in writing that it would not be able to provide security in view of opposition by the Young Communist League.

Source: The Hindustan Times, May 21, 2007

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