Unity For Democracy

GENERAL Secretary of the Nepali Congress and Minister for Peace and Reconstruction Ram Chandra Poudel has said that freedom, justice and solidarity are necessary to create a new social paradigm and to strengthen democracy in Nepal. Addressing an interaction programme in Kathmandu on Tuesday, Minister Poudel called upon all the political forces and the people to extend a helping hand and work together for the common cause of the nation and the people. As observed by Minister Poudel, economic, political, social and cultural freedom is crucial for overall social change. The present situation was created by the unprecedented unity and solidarity of the eight political parties, civil society, professional groups and general people through the April uprising last year. The achievements of Jana Andolan II are yet to be institutionalised and consolidated. Thus, stronger unity is necessary until the ongoing political and peace process is complete.

The common national agenda at present is the election to a constituent assembly, which would write a new constitution and end the present political uncertainty. All the political parties are committed to holding the constituent assembly elections as early as possible. But there are certain things that need to be completed before going to the polls. Elections should be held in a free, fair and peaceful manner so that people can cast their ballot without any kind of fear, which alone would reflect the genuine feelings and will of the people. Moreover, some regressive elements are trying to obstruct and sabotage the present political process and constituent assembly elections. The conspiracies of the regressive elements can be defeated and foiled only by the meaningful and strong unity and solidarity of the eight political parties and the people. This unity must be kept intact to achieve the political goal and accomplish the mandate of Jana Andolan II. The election to a constituent assembly is the only way out for the present political crisis. For this, the political parties need to sit together and decide on the new dates for holding the polls and ensure that they are free and fair. It is not the time to blame one another. If the unity of the eight parties is broken, it would only help the reactionary and regressive elements. People want peace, stability and development, which can be ensured only through the unity and collective approach of the democratic forces. Thus, the political parties, instead of pointing fingers at each other, need to take collective responsibility. This is the spirit of a democratic and coalition culture, which alone would serve the interest of the nation and people.

Source: The Rising Nepal, May 3, 2007

Delayed Election To Constituent Assembly

Madhavji Shrestha

NOW that the proposed election to the constituent assembly has been delayed, a political quandary has set in. Indeed, it has dampened the enthusiasm for putting the democratisation process on track. Knowledgeable people have even cast doubts as to whether the eight-party coalition government will be able to agree on a date for the election. Pessimists think that the history of the early 1950s, when the much-promised election to such a constituent assembly was derailed, will revisit Nepal. In such a scenario, Nepal's democratic journey would face an insurmountable roadblock.

Blame game

Soon after realising that the elections can't be held in June, the political parties, especially the eight coalitional partners, began blaming one another for not preparing well for the democratic exercise. An understanding reached in New Delhi in November 2005 on the issue had indeed provided enormous impetus to the political parties to overthrow the authoritarian royal rule last April. At present, the same political parties don't share the same views nor do they act in unison to realise the long cherished CA polls.There was no surprise when the eight political parties held the sinister activities by the regressive forces responsible for the delay of the election. Some political parties did not lag behind in blaming foreign interference working visibly and invisibly against the election as scheduled. However, shrewd political observers have blamed the eight political partners for the omission of timely political actions and the commission of excesses, both not contributory to creating an atmosphere convenient for holding the election. They further blame the political parties for hoodwinking the people with their non-obliging acts and activities. The political parties knew well about the prevailing situation in the country and held frequent interactions among themselves. Despite having such intimate knowledge and information about the political situation, why the political parties decided on holding the polls on June 20 is anyone's guess. Immediately afterwards, this instigated the Election Commission to tell the people about the practical difficulty of holding the election. This looks like an orchestrated phoney drama to be enacted before the common people. As political co-travellers for 18 months, the political leaders of the eight parties must shoulder the responsibility for not fulfilling their promise.

However, a series of political events in the recent times appear to have led to the polarisation between the leftist political forces and the centrist-cum-rightist political groups. This, in turn, will have a visible effect on the political developments taking place in the near future, indicating competitive politics, which, if it develops into a principled stance, can contribute to the democratisation process and also toward a mature multi-party system. However, the political parties need to remain cautious and cagey to see that the polarisation stays within the limit of the modern party system. Divisive forces and unwanted elements need to be checked to foster modern democracy. Meanwhile, the stalled election process should give the political parties sufficient time and opportunity to educate the masses of Nepal about the enduring importance of the election to the constituent assembly. More than three-fourths of Nepal's population is ignorant of the historically significant functions of the constituent assembly. To translate this into reality, the political parties must gear up their mechanisms and spread their tentacles nation-wide to mingle with the grassroots people, especially in the rural areas. Well-trained cadres and material resources are badly needed to move ahead in this direction.

The delay would also enable the government and the Election Commission to prepare the requisites to hold the election in an atmosphere of peace and security. This, in turn, would attract and enable the maximum number of people to participate in the election, which will help the political parties gain greater confidence and influence in moving ahead in enacting a democratic constitution. Election to the constituent assembly should not be held in haste and under an unruly situation. Loss of a few months will not be that damaging.Postponement as far as it is done with justified reasons has indeed sent a good message to the democratic countries and the international and regional organisations like the UN and the EU, because they would have sufficient time to help and observe the election process in Nepal. Naturally they think the time would bring in a favourable condition to heal the wounds and to reduce the rancour stalking in Nepal. The above presents a positive side of the political picture. However, the other side of the picture reflects the grimmer situation in the country. Regrettably, judged by the performance of the coalition government in the past one year, there is little good to hope for. The dismal failure to maintain the much-desired law and order for peace and security has had its negative effects. To make things worse, the government never exhibited any eagerness or took any initiative to give a ray of hope for the socio-economic uplift of the poverty-grilled people.

Discontent reigns supreme in Nepal. This has reduced the popularity of the political parties and their leaders. Just a year ago, after the resounding success of the people's movement last April, their popularity with the people was at its zenith. Now it is coming down to its nadir. Their inability to guide the society towards accommodative democracy has become greatly visible. Their only indulgence in political wrangling and the rent-seeking attitudes are costing them dearly. With the visible decline of their popularity has come the question of the legitimacy of the political leaders staying at the helm. This has become a far greater dilemmatic concern for those in power and also those in frontal politics. They will, for sure, lose their moral influence and political authority to remain in power in view of their failure to deliver what the masses have expected. As a consequence, frustrations will only rise if some far-reaching improvements cannot be made to win them to their side.

Democratic destiny

If the delay in announcing the date for the CA election becomes unduly long, then it will defeat the purpose and deviate from the democratic destiny. A conducive environment must be created to elect people-oriented representatives to frame a democratic constitution that can nurture the desires and meet the demands of the people, who have long cherished to send genuinely people-serving representatives to replace the ventriloquists who are hardly able to realise what they have promised. The people need only those who can transform words into deeds. Let political ingenuity and visionary statesmanship come their way to rescue the political leaders from the thorny political impasse.

Source: The Rising Nepal, May 3, 2007

Maoist rebels infiltrate Indian cabinet meetings

Bruce Loudon, South Asia correspondent

MAOIST guerillas have infiltrated the highest level of the Indian Government, gaining access to documents from top-level cabinet meetings in a major security breach. The guerillas, who are waging an armed insurrection across 16 of India's 28 states, obtained minutes of a meeting presided over by Prime Minister Manmohan Singh that discussed tactics to deal with the insurgents. According to the magazine Outlook, the documents outline the success of the Maoists, known as Naxalites, in penetrating the Government. Those at the meeting, the magazine said, included the chief ministers of all states affected by the Maoist insurgency, along with senior intelligence and security officials. With intelligence and security officials expressing alarm at "a serious security lapse", the disclosures are galling for Dr Singh.

The Prime Minister has expressed concern about the challenge posed by the Maoist insurrection, describing it as the "biggest threat to the country's internal security". The Naxalites, well-armed and disciplined, operate in a swathe of states along a so-called "Red Corridor", from the border with Nepal stretching through to Andhra Pradesh. They take their name from the village in West Bengal where they began their uprising against "capitalist classes" more than 30 years ago. The rebels have between 5000 and 10,000 armed men and women to launch attacks against rural police and administrative centres, as well as trains and factories. They have also been involved in high-profile assassinations, including the recent gunning down of an MP and an attack on a police station, which killed more than 50 officers. There is evidence that their influence is spreading to the cities and that they have joined forces with unions.

The magazine quotes a senior intelligence officer as saying: "It's clear the Maoists have access to secret information and plans ... no wonder there hasn't been much success in our operations against them." Apart from the minutes of the meeting held at Dr Singh's official residence a year ago, the minutes of a second meeting in the heart of the Home Ministry in New Delhi's North Block government offices -- which involved members of the Joint Operations Command of the security forces in a discussion about strategy and the deployment of forces -- were also obtained by the Maoists, Outlook said. The first the Government knew of the security breach was when Indian army forces stumbled on an eight-page annual report of the Maoist Communist Centre.
"An explosive part of its contents relates to the outfit's precise and detailed knowledge about what was discussed in the two closed-door and high-profile meetings," the magazine said.

Source: The Australian Defence News, April 30, 2007

Drifting aimlessly: Loktantra in doldrums

SHASHI P.B.B. MALLA & CHANDRA BAHADUR PARBATE

With celebrations marking the first anniversary of Jan Andolan II (or as some might say the end of King Gyanendra’s rule), at the beginning of this week authorities had urged residents to illuminate their homes for three days. In his message to the Nepalese people on the occasion of the first "Democracy Day", PM Koirala made the tall claim that the achievements made exactly one year back had reached record heights, "democratic practice" had been established and could "never be usurped". However, the confusion about the date of CA elections, the violent campaign for autonomy in the Terai, doubts over the sincerity of the ‘former’ Maoist rebels and a weak government result in Nepal remaining at a crossroads with many challenges ahead.
Under the present 8-party government, the country is not moving forward as expected by the people, and promised by those in power. It is day by day showing its weaknesses in all sectors. The Maoist minister for Information and Communications, Krishna Bahadur Mahara has already accused the non-Maoist led ministries of non-cooperation, and even of disruption of their regular work by the political appointees.

US ambassador, James F. Moriarty, said in Biratnagar, South-Eastern Nepal that the peace process would not be successful as long as violence and terror prevail in the country. The government has failed abjectly in making a breakthrough in the Terai/Madhesi imbroglio. Bandhs and violent clashes are the order of the day. Baluwatar (the PM’s official residence) is making no headway at all in the various crises facing the country.
In an exemplary report, the UN office of the High Commissioner for Human Rights in Nepal has now held the state apparatus, the Maoists and the Madhesi People’s Rights Forum (MPRF) all responsible for the blood-bath sometime back in Gaur. In a most damaging manner, the report highlighted the weaknesses of the law enforcement agencies (the Chief District Officer, Nepal Police and the Armed Police Force) which were "grossly ill-prepared" in spite of being aware of the grave possible developments. In any other normal country, this would be reason enough for the home minister to resign. However, all the accused parties have shielded themselves behind a wall of silence.

Of course the Maoists have not stopped their intimidation, threats and acts of vandalism. The Maoists and their Young Communist League (YCL) have become a law unto themselves. Their continued extortion of businesses is counter-productive to any efforts of regaining the confidence of investors, domestic and abroad. Recently, it has been reported that they have seized assets belonging to the King to "utilize them for the benefit of the people".
The situation is even worse for law-abiding citizens. They cannot hope for justice from interior minister and Maoist sympathizer Sitaula. The Maoist strategy of weakening the state structure (previously from outside, now from within) continues unabated. The victims of the Maoists’ 11-year People’s War have not received any succor. Thousands are waiting still for the return of their looted land, property, jewellery and cash. In the meantime the interim (now probably permanent) government and the constituent political parties leave no stone unturned to honour the "martyrs" of last year’s April agitation, while the families of the 14,000 dead in the Maoists’ killing terraces remain totally forgotten. With the grievances of so many not being addressed, civic sense is rapidly dwindling away.

The so-called interim parliament is dysfunctional. Its proceedings are a travesty of democratic and parliamentary norms. There is no respect for democratic behaviour. Only last week, a Madhesi MP, Hirdayesh Tripathi and the Maoist MPs disrupted the orderly working of the legislature by raising slogans and forcefully preventing parliamentary business. At this rate, concerned citizens should be asking themselves about the necessity of such a body. It is being used by disgruntled groups and parties to vent their views in an aggressive manner, similar to people burning tyres on the streets for every little personal and group grievances.
All of these antics show that the presence of a parliament is a necessary but not a sufficient condition for democracy. Where the parliament should be promoting due democratic process, it promotes anarchy. If it fails to set an example for behaviour along democratic rules and due process of law, how can the people be expected to refrain from anarchy?, dwindling away.

The people at the top are only interested in holding on to power. Also last week, much was made of the fact that for the first time, PM Girija Prasad Koirala "made history" by receiving the credentials of new Chinese ambassador, Zheng Xiangling in the State Hall of Singha Durbar and not the King as head of state in Narayanhiti Durbar. Unfortunately, like everything that Koirala does (or the men and women behind him) there is no respect for the rule of law.
He has "abolished" the role of the monarchy through the back door, without the people’s mandate and without waiting for the results of a referendum or the decision of the Constituent Assembly (CA). His foreign policy lies in tatters, and his administration has not yet been able to appoint envoys to the still vacant embassies. Not surprisingly, our image has sunk to a new low in the international arena. All in all, Koirala is a consummate wheeler-dealer. Perhaps this is skill required in politics, but this makes him neither a statesman nor a Nepalese patriot.

At the same time, the Maoists and the other Communist parties that represent the second political force majeure are now attempting to forge an alliance. Maoist supreme Prachanda has demanded that they are in favour of only one Communist party in Nepal. Rhoderick Chalmers of the International Crisis Group opined that the Maoists’ strength was not in their weapons, but in the militarization of the political process. He continued that it was crucial to encourage the Maoists to stop using fear as a political strategy. Given that the Maoists certainly have not locked away all the weapons for UN monitoring that they have been required to lock away, the fact that these weapons are still used to intimidate people and the fact that these ‘unaccounted for’ weapons are an ace up Comrade Prachanda’s sleeve invalidates the first part of this statement in the view of the authors. That the political process has been militarized by the Maoists is a sad truth and can be seen at most sittings of the parliament. Unfortunately, the means that could have enticed the Maoists to renounce violence and fear as their main political driver have all been wasted.
For the sake of argument, even if we were to accept the violent agitation of last April with massive Maoist inputs as a so-called people’s movement (and serious and independent observers very much doubt this theory), then why are the eight governing parties keeping quiet about their inability to hold the CA-elections on time ? Were the monarchists and reactionaries so powerful, all things considered? After all, this was supposed to be a major aspect of the people’s aspirations and a principal demand of the much vaunted Jan Andolan II.

Although the country is in the throes of a major political crisis, the cancellation is now being conveniently swept under the carpet. Interior minister, Krishna Prasad Sitaula the main architect of the alliance with the Maoists has already gone on record to state that the declaration of a democratic republic by the unelected parliament is already on the anvils. Previously, it was said that this would be the case if the King "conspired" to "thwart" the CA-polls. Perhaps Pradip Giri, a leader of the Nepali Congress (Democratic) was correct when he suggested that the postponement of the CA-elections shows that these were never meant to be held at all! Such is the devious way of thinking of the ruling alliance.
Concerned and enlightened citizens must now urgently ask themselves as to how long they are willing to accept the fundamental flaws in the present political system. The time is long past where we can tolerate the grave deviations from democratic norms. It can be safely assumed that unless Nepal gets rid of "Koiralaism", and the present government/parliament is replaced by those truly committed to democratic norms and the supremacy of the people, there will be no progress in the country. A genuine people’s movement with the nation’s interests at the heart is the need of the hour.

Source: American Chronicle, April 28, 2007

NEPAL: CRACK IN THE MAOISTS’ CAMP?

Niraj Aryal

Amidst the communists’ hue and cry for the formation of broader communist alliance, there is also a some what disturbing report for the entire Communists’ paraphernalia coming from the Maoists’ camp itself that the party is on the verge of a vertical split. However, it is highly likely that this news may also be dubbed as a false one and termed as a conspiracy against the Communists in Nepal initiated by reactionaries or call them the royalists seeing the prospect of communist unity. Analysts however would always differ to such comments visualizing the past history of the communists in Nepal who more so prefer to divide rather than unite sometime in the name of preserving the National interest or at times to their presumed closeness to the monarchy in Nepal. For example who could forget the incident wherein Bam Dev Gautam-the mini-Prachanda, still thriving under the UML flag had once preferred to divide the party in the name of preserving country’s interest, however later joined the UML camp compromising National interest fearing his political evaporation.

C.P.Mainali, the CPN-ML leader, is no different than his comrade in arms residing in other set of communist faction- who preferred to remain out of the UML unlike Gautam, but is continuously facing party split for toeing allegedly the royal line. The Maoist party too, no different than the rest, could not remain aloof of this virus plaguing the entire communists in Nepal resulting into a division in their camp. The issue remained the same, Prachanda who is known for his fiery nationalist speeches, while in Jungle in the not so distant past, had rejected Dr. Baburam’s proposal to use his Delhi connection to acquire power in Sighdurbar. He instead opted for his royal connection to achieve the same target.

In an interview to a weekly newspaper Rabindra Shrestha (who was expelled from the Maoists camp for publicly criticizing Baburam and Prachanda) had claimed that the Maoist politburo meet had decided to take action against Baburam and raised the issue of meeting King Gyanendra. Later failing to achieve the target, Prachanda had to hold-back his decision to opt for Delhi connection to arrive in Kathmandu, which he did as per the suggestion of Dr. Baburam.
The Maoist party suddenly feeling the excessive pressure from India, which they had agreed to obey before the agreement with the SPA in New-Delhi, is now feeling uneasy with the growing Indian influence coming through Dr. Baburam Bhattarai, analyst claim. The issue remains the same and that is in the name of preserving the national unity crack is building up in the Maoists camp. Ram Bahadur Thapa Badal not for nothing urges from his eastern-hill sojourn that preserving national interest and establishing a republic should be a major agenda.

Source: Telegraph Nepal, May 2, 2007

MAOIST ATTACK POLICE POST IN BANKE

The Maoist Party affiliated Madhesi group known as Madhesi Mukti Morcha attacked a police post in Shriya VDC of Banke district, Tuesday. Reports say that locals in the area have been living under continues threat after a group of two hundred Maoists’ men led by Nanda Kishor Pandeya- the Maoist area incharge attacked the border area police post in Nepal.

The Maoists after setting fire to stuffs belonging to the police post detained the police post incharge Mukesh Kunwar for over fourteen hours, reports citing locals in the area claims. Later the Maoists released Mr. Kunwar and handed over three weapons looted from the post. The Maoists had looted two-hundred rounds of bullet, seven weapons, food items and other electric equipments from the police post, a local preferring anonymity revealed. Other security personnel stationed at the post fled the area fearing their lives- who were rescued by the locals, reports say. After this incident the locals have been demanding additional security to the concerned authority.

Source: Telegraph Nepal, May 2, 2007

Maoists still a terrorist organisation: US Report

The US is only the country to maintain its designation of the Maoists as a terrorist organisation at the end of 2006, a new report by the US state department says. The report made public recently states, from January to November 2006, Maoists were responsible for the deaths of 165 security personnel and 46 civilians. During the same time period, the government killed 182 suspected Maoist militants, the report states. The report quoted Nepal's National Human Rights Commission (NHRC) that murders by Maoists lessened after the ceasefire in April, but still totaled 28 from May until November. Security force killings of Maoist insurgents were also significantly lower after the ceasefire, totaling nine during the same period.

The report further says, "Despite the ceasefire, Maoist rebels continued to conduct abductions, extortion, and violence. In the Kathmandu Valley, Maoists took advantage of their dramatically increased presence and the government's reluctance to upset the peace process to expand their use of extortion and efforts to undermine trade unions and student groups affiliated with the political parties. They also continued forced recruitment of schoolchildren, with thousands targeted after the signing of the initial November 8 peace accord."The report cites two major strikes called by the Maoists as instances of the breach of the peace agreement. On September 20, and again on December 19, the Maoists declared nationwide transportation strikes. Both events were accompanied by the stoning of vehicles, and each lasted only for the declared period, demonstrating Maoist command and control.

The US has also placed the terrorist tag on the Janatantrik Terai Mukti Morcha (JTMM). "This year also saw the beginning of a disturbing new trend with the activation of the separatist Maoist-splinter terrorist group called the Janatantrik Terai Mukti Morcha (JTMM), which aimed to bring about the secession of the southern Terai plains from the rest of Nepal," it says.
This group was responsible for the assassination of a Member of Parliament from Rastriya Prajatantra Party in September last year. The report states that 'imperialist' US and 'expansionist' India were the targets of considerable Maoists, especially in the period leading up to the April uprising but a trip by Maoist Chairman Prachanda to New Delhi on November 18 seemed to mark the culmination of a shift in the Maoist view of Nepal's large neighbour to the south. The United States provided substantial antiterrorism assistance and training to Nepal's security forces, including courses on crisis management and critical incident management, the report said.

Source: Nepal News, May 2, 2007

Prachanda threatens to launch fresh pro-republican movement

KATHMANDU, May 1: The Maoists will revolt from parliament, government and the street if Nepal is not declared a republic, said Maoist chairman Prachanda on Tuesday. "The Maoists will explode in the parliament, government and even in its cantonments and no one would stop it," he said at a programme organised to mark the May Day. He warned that if the reactionary forces assume the liberation of the Maoist as its weaknesses, it would begin the next movement. "The Maoists are not so easy for the reactionary forces to take on and they could come openly to see how tough we are."

Repeating that the basis of the 12-point-agreement has already lost its relevance since the failure to hold the constituent assembly elections in stipulated time, he said, a new basis should be found. This could only be the announcement of the republic through the interim legislature parliament, he said. Dr. Baburam Bhattarai, leader of the Maoists, said that that the Maoists had initiated an urban rebellion and added that the final battle was yet to be waged. "The laborers will lead the final battle." The Maoists have participated in the government to work for the people, if the government halts the progress towards a forward looking path, we will not be bound by the discipline of the government, he said. Matrika Yadav, Minister for Forest and Soil Conservation, said that the Maoist ministers will not allow the meeting of the cabinet to proceed until the country was declared a republic.

Other leaders highlighted the rights of the laborers and demanded reform of the laws related to the laborers.Meanwhile, RSS reports from Bhaktapur, president of Nepal Workers and Peasants Party, Narayan Man Bijukche has said that a socialist republic was essential for the rights and well-being of the worker and labourer community.Speaking at a people's assembly organized by the Nepal Revolutionary Workers' Association on the occasion of the 118th International Labour Day here today, he emphasized on the need for a justified wage for the workers and labourers who make their ends meet by working.Central member of the Party, Prem Suwal stressed on the need of decentralization and making the local bodies autonomous for sustainable and overall development.

Source: The Kathmandu Post, May 2, 2007

International Community : Vital Role In Peace Process

Yuba Nath Lamsal

RECENTLY, the United Nations Secretary General Ban Ki Moon has described Nepal's ongoing peace and democratic process as the remarkable progress. However, the chief of the world body does not appear fully satisfied with the pace with which Nepal is moving ahead for establishing sustainable peace and democratic transformation. The key questions, according to him, like monitoring the management of arms and armies and other complex issues remain to be resolved with more caution and wisdom.

Concern

The concern shown by the UN Secretary General is natural and genuine as the United Nations has been actively involved in Nepal's peace process. The United Nations Mission in Nepal has taken up the responsibility of monitoring the management of arms and armies of the People's Liberation Army and the peace process under a tripartite agreement among the Government of Nepal, CPN-Maoist and the UN.As pointed out by the UN chief, the complex issues, which include the completion of the management of arms and armies and holding the election to a constituent assembly that would write a new constitution charting out a new course of Nepal's political and democratic future, are yet to be addressed. The speed has been slow but steady. The seven party alliance and the CPN-Maoist, right after the 12 point agreements signed prior to launching the Jana Andolan II, have agreed on some common agenda and set a timetable for accomplishing the job. The comprehensive peace agreement and other accords just reinforced these commitments. Specific time table was fixed for specific works like initiating the arms management process, promulgating the interim constitution, formation of interim parliament, formation of the Maoist included interim government and finally holding the constituent assembly election. None of the works was accomplished in time. Thus, it had a chain effect and the entire peace and political process got delayed.

Although the UN has been playing an active and positive role in facilitating and helping Nepal's peace and democratic process, its bureaucratic procedure is responsible for the delay in the peace and political process. It had been agreed between the seven-party alliance and the CPN-Maoist that the promulgation of the interim constitution and formation of the interim parliament would be done only after the United Nations initiated the process of registration of arms and armies of the Maoist People's Liberation Army. Due to the bureaucratic procedures of the United Nations, the registration of arms and armies did not start immediately after the tripartite agreement. The process began couple of months after the tripartite agreement on arms management was signed. This ultimately caused delay in the constituent assembly election. Had the United Nations begun its work immediately, all other processes would have been done in accordance with the plan and constituent assembly election would have been held in June this year as it had been agreed among the major political actors of the country. The peace and political process is would be complete and the mandate of the Jana Andolan II fulfilled only after the constituent assembly election. Now the election cannot be held in June as the Election Commission has demanded at least 110 days for making proper preparation for the polls. Moreover, all the issues concerning the elections must be decided in due consultation with the Election Commission, which is the sole agency to conduct the polls. Elections cannot be held in a short period. Thus, sufficient time is needed to hold the constituent assembly election in a peaceful manner which can fully reflect the genuine will of the people.

International community is, thus, watching the developments in Nepal very closely and with keen interest. The international community has always want Nepal to be a genuine democratic, peaceful and prosperous nation. There has been active and meaningful support from our foreign friends in the struggle of Nepalese people for democracy, human rights and peace, for which people of Nepal and political parties are grateful to the international community. Even after the success of the April Uprising, which is popularly known as Jana Andolan II, the international community has pledged meaningful support and cooperation for the institutionalization of the achievements of the popular movement, establishment of durable and sustainable peace and reconstruction and rehabilitation. The United Nations is the forefront. The main task of United Nations at present is the arms management. The first phase?registration of the arms and fighters of People's Liberation Army?has been complete. Under the first phase of the arms management, Maoist weapons have been kept in UN supervised containers and Maoist fighters in seven different cantonments. The second phase, which includes verification of the registered arms, would soon begin. Although there had been delay in the beginning of the process, now the process has been moving smoothly.

Now the priority should be given for holding the constituent assembly election as early as possible. Since all political parties are committed to hold the constituent assembly election, they should not deviate from their earlier promises. Constituent Assembly election is the common national agenda at present. Political parties must stop blame game against one another and arrive at a common ground to complete the political process and accomplish the mandate of the Jana Andolan II. The first priority is to act in accordance with the promises they made and agreement reached earlier. The international community, which has been supportive to Nepal's peace and democratic process, must also cooperate in holding the constituent assembly election in time. The foreign friends should by no means try to obstruct the ongoing political process in Nepal. The CPN-Maoist has joined the peaceful political process ending ten years of armed insurgency. It is a historic achievement for Nepal's democratic development, stability and peace. The efforts to block the ongoing peace process would only provoke the former insurgents and push them back to jungle, which would not be at the interest of the nation and the people of Nepal.

Crucial Juncture

Nepal at present is in crucial juncture of its history. It is slowly reviving back to normalcy. Even a slight mistake on the part of the political parties would again put the peace and democratic process in jeopardy as some regressive elements that were defeated by the April Uprising are trying to sabotage the political and democratic process. This situation demands greater unity of the democratic forces in Nepal. The role of the international community in Nepal's peace and democratic process has been crucial and stronger and more meaningful international support is needed to expedite this process so that Nepal would march ahead on the path of sustainable peace, democracy and prosperity.

Source: The Rising Nepal, May 2, 2007

An Important Step

Prime Minister Girija Prasad Koirala has named the Vice-chancellors of various universities - an important breakthrough in filling the long persisting gap that was shackling the performance of the higher seats of learning. The appointment of the officials to the universities has ended a row in the academic sector, and the political haggling that was behind it has come to a close, too. It needs no reiterating that the political parties tried their best to maintain their upper hand and decisive say in these appointments, which is said to be the cause behind the delays in taking the decision. In the same vein, it can be said that the absence of consensus and a common position of the key political parties was central in causing procrastination to the whole process. When some attempts were made to take a decision on key appointments in the past, vehement opposition was raised by the Maoists, in particular, that stopped the parties from taking the process forward.

Since the Maoists had not joined the government then, objection raised from their part demanding postponement of the appointments can be justified. But following the paricipation of the Maoists in the government ,the delays in naming appropriate persons to the top positions of the universities on whatever pretext should not be vindicated. The new appointees to the universities, whose names were announced Monday, should assume the mantle with a sense of responsibility and dedication. The universities are host to a range of problems that include the interference of partisan politics in dictating the affairs of the higher seat of learning. The student unions are radicalised, and admission tests have turned a mockery because of the interferences coming from the student unions to take in more students than the institutions can accommodate. Similarly, teachers are also alleged to not doing their bit to safeguard the sanctity of the institution of learning. After long negotiations, the key posts in the universities have been filled. There are other responsible higher level positions for which decision need to be taken soon. Strong academic dynamics need to be created in the ailing universities to breathe new life in the moribund educational sector.

Source: The Rising Nepal, May 2, 2007

NEPAL: NGOs concerned at lack of action to release child soldiers

KATHMANDU, 1 May 2007 (IRIN) - Local child protection agencies in Nepal are concerned over the lack of action to trace and release child soldiers in the country, children’s rights activists told IRIN on Monday. “We are very frustrated over the lack of any action to find the child soldiers, who are in dire need of rehabilitation,” activist Sanjaya Aryal, a member of the Children Associated with Armed Forces and Groups (CAAFAG) task force, told IRIN in the capital, Kathmandu. CAAFAG comprises over 14 local and international child agencies advocating the release and rehabilitation of child soldiers. Aryal said there was substantial evidence of child soldiers still being sheltered inside various Maoist cantonment sites all around the country but rights groups face difficulty getting information about these children.

Agreement breached

Following the signing of a historic peace accord in November 2006 between the Maoist rebels and Nepalese government, the decade-long armed conflict came to an end and one of the key agreements in the peace process was to release child soldiers from the Maoists’ army and militia groups. But child rights defenders say that most of those children categorised as CAAFAG have not been released by the Maoists. The Maoist leaders, however, denied there were any child soldiers among their units. Activists are now pinning their last hopes on the second phase of arms registration, supervised by the United Nations Mission in Nepal (UNMIN), which they hope will confirm CAAFAG’s charges by next month.

No free access to Maoist areas

The crucial problem for the activists is a lack of data due to the Maoists’ unwillingness to allow them free access to their cantonments, children’s rights activists say. “The second phase of arms registration is the key to finding the child soldiers, and releasing and protecting them,” Durga Khadka, chief of the Child Protection Unit of the National Human Rights Commission (NHRC), told IRIN. Khadka said her organisation found a large number of child soldiers during their monitoring mission in December in nearly five Maoist cantonments. The population of child soldiers may have barely reduced, given that they are still being used in several Maoist activities, she added.

Maoist youth wing

Now another major concern is that child soldiers are being used in the political activities of the Maoists especially following the formation of their Young Communist League (YCL), a recently formed Maoist youth wing, in which many members are said to be under 18, including former child soldiers, according to local child rights protection NGOs. ”If these children are not released by the Maoists, they could never get the chance of ever starting their lives as children but end up being misused by political parties,” said Tarak Dhital, an activist from Child Workers in Nepal, a local NGO working on the protection of children. Dhital added that with the approach of the national elections for the Constituent Assembly (CA) in the country they could be used for political campaigns and might never be rehabilitated and reintegrated. “We will not stop our campaigns until these children are found, rehabilitated and sent back to their families,” added Dhital, who is also member of the CAAFAG task force.

Source: UN Office for the Coordination of Humanitarian Affairs, April 26, 2007

Complex Questions Remain in Nepal: Ban Ki-Moon

The UN Secretary-General BAN KI-MOON notes “remarkable progress” in the peace process but also acknowledges the complexity of the Nepali problem.

In what looks like the longest statement ever on Nepal by a UN Secretary General, Ban Ki-Moon provides a broad picture of the peace process in Nepal. The following is the full report of Secretary-General on the request of Nepal for United Nations assistance in support of its peace process. [Note: Thanks to UN officials for heeding Nepal Monitor's request and making this document accessible. The Security Council's documentation site remained inaccessible for some days since the release of this document on April 26, 2007.]

I. Introduction

1. The present report is submitted pursuant to Security Council resolution 1740 (2007) of 23 January 2007, which established the United Nations Mission in Nepal (UNMIN). The resolution welcomed the continued progress of the peace process in Nepal, and as requested by the Government of Nepal and the Communist Party of Nepal (Maoist), or CPN(M), mandated a special political mission to monitor the management of the arms and armed personnel of CPN(M) and the Nepal Army, assist in monitoring ceasefire arrangements, provide technical support for the conduct of the election of a Constituent Assembly in a free and fair atmosphere and provide a small team of electoral monitors. On 8 February 2007, I appointed Ian artin, who had been serving as my Personal Representative in Nepal, as my Special Representative and Head of Mission.
2. The present report reviews the progress of the peace process since my report to the Council of 9 January 2007 (S/2007/7) and the activities of UNMIN since its establishment on 23 January 2007, and assesses the continuing challenges and opportunities for sustainable peace in Nepal.

II. Progress of the peace process

3. Since the establishment of the Mission, the peace process in Nepal has made remarkable progress within a very short time frame, while experiencing a number of difficulties and understandable delays; however, consolidating those gains remains essential. Implementation of the Comprehensive Peace Agreement, signed by the Seven-Party Alliance Government and CPN(M) on 21 November 2006, has advanced. The parties agreed upon an interim Constitution, which was promulgated on 15 January 2007; the Parliament, which had been reinstated in April 2006, was dissolved and replaced by an interim legislature-parliament. The new body includes Maoist members in addition to those of political parties elected to the House of Representatives in 1999 and some nominated members of civil society. On 1 April 2007 the Seven-Party Alliance Government and CPN(M) (“the eight parties”) formed an interim Government under Prime Minister Girija Prasad Koirala, in which CPN(M) ministers hold 5 out of 22 Cabinet positions. [page 1 ends here]

4. The Seven-Party Alliance had linked the inclusion of CPN(M) in the interim legislature-parliament and interim Government to progress regarding the management of arms and armed personnel. In all, 31,152 Maoist personnel have been assembled in 7 main and 21 satellite sites around the country, and 3,475 weapons have been registered. The weapons are now stored in containers with around-the-clock monitoring by UNMIN, with the exception of weapons retained for perimeter security at the cantonments in accordance with the 8 December 2006 agreement on monitoring of the management of arms and armies or for the personal security of CPN(M) leaders. The Nepal Army has stored the number and types of weapons equivalent to those stored by the Maoist army, under the same procedures for registration and monitoring by UNMIN. As of mid-April, UNMIN was ready to begin the second stage of registration and verification of Maoist combatants.
5. However, those important achievements have occurred against a backdrop of escalating social unrest and long-standing issues of exclusion, aggravated by the determination of traditionally marginalized groups to take advantage of the opportunity to press for adequate representation in the Constituent Assembly and by their dissatisfaction with the interim Constitution. Groups representing the Madhesi, the people of the Terai plains along Nepal’s southern border, engaged in widening protests throughout the period from January to March 2007, demanding amendments to the interim Constitution and changes in electoral arrangements to guarantee representation in accordance with their proportion of the population in the Constituent Assembly and official bodies, together with a commitment to a federal State.

6. Some demonstrations turned violent, and in a number of cases the Nepal Police and Armed Police Force responded with excessive use of force. At least 18 out of 24 deaths documented by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Nepal between 22 January and 7 February were the result of police action; many others were injured, and there was extensive damage to property, including government offices. In the Terai, tensions and violence increased between protesters representing the Madhesi People’s Rights Forum (MPRF), two armed factions of the Jantantrik Terai Mukti Morcha (JTMM) and CPN(M). Concerns were high that potential spoilers were seeking to take advantage of the unrest to derail the peace process, and some clashes took on a communal character between the Madhesi (those not of hill origin) and the Pahadis (those originating in the hills). Groups representing the Janajatis (indigenous people), including the Nepal Federation of Indigenous Nationalities, supported the Madhesi protests or asserted parallel demands for inclusion. At times, the demands from traditionally marginalized groups threatened to overtake the Government-Maoist peace process as laid out in the Comprehensive Peace Agreement and the interim Constitution.
7. The Seven-Party Alliance and CPN(M) struggled to respond to the crisis effectively through steps to restore law and order and through a substantive response to grievances recognized as legitimate. In a major speech to the nation on 7 February 2007, Prime Minister Girija Prasad Koirala, supported by leaders of all eight parties, announced significant concessions in an effort to calm the widespread Madhesi protests. The eight parties undertook to allocate 49 per cent of the Constituent Assembly seats to the Terai region, in proportion to its share of the population according to Nepal’s most recent census, and to amend the interim Constitution to incorporate a commitment to a future federal State. The Government [page 2 ends here] established a ministerial team to engage in dialogue with Madhesi groups and with representatives of other traditionally marginalized groups. Although the Terai protests abated, formal talks between the government team, MPRF and JTMM did not get under way before the establishment of the interim Government, which immediately appointed a new team to continue efforts towards dialogue. Other traditionally marginalized groups have continued to protest in support of their respective demands, with Janajati representatives expressing their preference for a round table with all protesting groups rather than separate negotiations focusing on individual communities.

8. On 21 March 2007 at least 27 people, mostly linked to CPN(M), were killed in the Terai town of Gaur, close to the Nepal border with India, after violence broke out at simultaneous rallies of CPN(M) and MPRF. The Maoists remained restrained after the deaths of their members, although Maoist combatants did briefly leave cantonment sites to peacefully protest the Gaur killings, in violation of the agreement on monitoring the management of arms and armies. The situation in the Terai has remained turbulent, with a number of militant factions continuing to operate, including the two factions of JTMM, the Terai Tigers, the Terai Cobra and the Nepal Defense Army (NDA), a fundamentalist group committed to a Hindu kingdom in Nepal, which has claimed responsibility for planting explosive devices at various locations, including at the homes of civil society activists in Kathmandu.
The Gaur killings underscored the serious deficiencies of law enforcement in the country and the dangers of increased criminality along the border with India, which the Governments of Nepal and India are cooperating to address.
9. The participation of women in the peace process has shown little if any progress. As part of the effort to ensure the inclusiveness of the process, it is hoped that the interim Government and all concerned will make a renewed attempt to ensure a wider and deeper involvement of Nepalese women in the search for lasting peace.

10. Public security has been a matter of concern not only in the Terai but throughout much of the country. There have been widespread complaints that CPN(M) has continued to engage in a persistent pattern of low-level intimidation and threats against various sectors, particularly businesses in urban areas, leading toprotests from the business community. The Young Communist League (YCL) established by CPN(M) at the beginning of February 2007 has taken individuals into its custody and engaged in other quasi-policing activities, raising concerns that the Maoists have failed to fully abandon parallel security mechanisms. The formation of the interim Government offers the opportunity for CPN(M) to participate within the Government in establishing public security, ensuring the full cooperation of its cadres with State law enforcement authorities.
11. As part of their negotiations leading to the formation of the interim Government on 1 April 2007, the eight parties adopted a common minimum programme, by which they renewed their commitment to past agreements, including building a conducive environment for a peaceful election. The parties agreed among themselves on 20 June 2007 as the date for the Constituent Assembly election, although the election date requires a formal decision by the interim Government and further amendment of the interim Constitution, which stipulates that the election should take place by 14 June. They agreed to establish a joint coordination committee of the eight parties to assist the interim Government, solve problems and [page 3 ends here] monitor the implementation of the common minimum programme, and local monitoring committees in each district, comprising locally active political parties and others, to monitor implementation of the peace agreement. The eight parties decided upon, and the interim Government sent to the interim legislatureparliament, amendments to the interim Constitution providing for a two-thirds majority no-confidence vote against the Prime Minister, and a two-thirds majority vote to abolish the monarchy if the King is found to pose grave obstacles to the holding of the Constituent Assembly election. The interim Constitution otherwise provides for the decision to retain or abolish the monarchy to be decided by a simple majority of the first session of the Constituent Assembly.

12. The Seven-Party Alliance and CPN(M) originally decided in their agreement of 8 November 2006 that the Constituent Assembly election should be held by mid-June as the culmination of a timetable that had envisaged the formation of the interim Government on 1 December 2006. Since the appointment of the Chief Election Commissioner on 30 October 2006 and of four other members in November and January, Nepal’s Election Commission, with the support of UNMIN electoral advisers, has worked hard to make the necessary preparations to meet this already ambitious timetable. This has proved increasingly difficult owing to three key factors: the late passage of essential electoral legislation, making it impossible to meet the timetable for logistical and other reasons; the need to address the concerns of traditionally marginalized groups, including through the addition of constituencies and the consideration of quotas within the electoral system; and the time needed to create sufficient public security. On 12 April 2007 the Election Commission informed the interim Government that an election by the mid-June deadline established in the interim Constitution had become impossible and that a minimum of 110 days from the passage of the necessary legislation would be required. The interim Government has yet to act on the advice of the Commission.
13. The reluctance of the parties to postpone the date of the election reflected real concerns that the peace process might stall and encounter further difficulties from spoilers if its momentum were not maintained. Averting such dangers requires determined cooperation among the parties represented in the interim Government and the legislature-parliament, as well as civil society and all democratic forces in Nepal to create the conditions necessary for a credible Constituent Assembly election.

III. Establishment of the United Nations Mission in Nepal

14. The decision by the Security Council of 1 December 2006 (S/PRST/2006/49) to endorse the proposal of my predecessor in his letter of 22 November 2006 (S/2006/920) for the advance deployment of up to 35 arms monitors and up to 25 electoral personnel enabled the then Office of the Personal Representative and subsequently UNMIN to respond to the urgent request of the parties to the peace agreement to proceed rapidly with monitoring the management of arms and armed personnel and with assisting the electoral process.
15. On 26 March 2007 the General Assembly, in its resolution 61/259, approved a budget of $88,822,000 for the Mission for the year 2007. Prior to that date, UNMIN operated on the basis of a commitment authority of $9,363,000 authorized on 20 December 2006 by the Advisory Committee on Administrative and Budgetary [page 4 ends here] Questions, pursuant to the provisions contained in paragraph 3 of Assembly resolution 60/249.
16. While arms monitoring and electoral assistance were able to move forward expeditiously, the Mission faced considerable operational constraints in terms of human and logistical resources as its budget allocation was being deliberated. Arms monitors in particular faced major challenges in terms of communications equipment and transport, in large part due to competing mission deployment demands elsewhere. UNMIN was not able to recruit beyond posts approved under the pre-mandate commitment authority until its budget and staffing table were approved. Partial temporary solutions to the need to have staff on the ground as soon as possible included sending staff on temporary duty from other missions to UNMIN. I thank other missions for their understanding, and express appreciation to the Governments of Denmark, India, Norway and the United Kingdom of Great Britain and Northern Ireland for assistance regarding urgent logistical requirements.

17. With the approval of the budget, staff recruitment is proceeding as rapidly as possible. UNMIN is projected to have a short lifespan, and normal processes for recruitment and deployment of logistical support make rapid deployment of such a mission with limited duration an extremely difficult undertaking.
18. A draft status of mission agreement was submitted to the Permanent Mission of Nepal on 23 February 2007. On 13 April the Ministry of Foreign Affairs responded by proposing a number of modifications, which are under discussion. The Government of Nepal has extended excellent support during the arrival and clearance of UNMIN equipment. The Government has provided facilities at Kathmandu and regional airports and has agreed to make available part of the Birendra International Convention Centre in Kathmandu for the Mission’s headquarters and to provide buildings for the Mission’s regional offices in Biratnagar, Pokhara, Nepalgunj and Dhangadhi.

IV. Activities of the United Nations Mission in Nepal

19. My Special Representative and his team have continued to engage a wide range of national and international actors in the effort to help create an atmosphere conducive to the Constituent Assembly election and the success of Nepal’s political transition. The core elements of the Mission, gradually built around the initial team of my then Personal Representative, have been carrying out their tasks while awaiting the approval of the Mission’s budget and the deployment of its full complement of personnel.

A. Arms monitoring

20. The advance deployment of 35 arms monitors authorized on 1 December 2006, together with support from the United Nations Development Programme (UNDP) registration experts and the Interim Task Force, a national mechanism composed of Nepalese ex-servicemen from the Indian Army, allowed the registration of Maoist army combatants and their weapons to begin in mid-January and the first stage of registration, including weapons storage, to be completed at cantonment sites in [page 5 ends here] mid-February. Registration and storage of Nepal Army weapons was completed on 12 April 2007.
21. Planning for the monitoring of arms and armed personnel began with a senior military adviser and three military advisers deployed to the Office of the then Personal Representative from October until the end of December 2006. From 1 January 2007, the total number of monitors deployed at each subsequent monthend has been as follows: January, 34; February, 64; March, 91. The total as of 15 April was 112, and deployment is expected to be completed, taking into account logistical requirements, during May. Arms monitors are maintaining an around-theclock presence at the seven main Maoist army cantonment sites and the Nepal Army weapons storage site. As of 15 April three sector headquarters are operational: the Western Sector in Nepalgunj; the Central Sector in Kathmandu; and the Eastern Sector in Biratnagar. The final two sector headquarters are being established for the Far Western Sector in Dhangadhi and for the Mid-Western Sector in Pokhara.

22. United Nations Development Programme registration teams, representatives of the United Nations Children’s Fund (UNICEF) and members of the Interim Task Force supported United Nations arms monitors in the registration process. It was reported to the Joint Monitoring Coordination Committee that 31,152 personnel and 3,475 weapons had been registered. Nineteen per cent of the personnel registered are women. The Committee issued its findings on the process on 8 March 2007.
23. The weapons registered included those retained for perimeter security at the cantonment sites in accordance with the agreement on monitoring the management of arms and armies and 96 weapons retained outside the cantonments for the security of CPN(M) leaders. The Mission has repeatedly pressed the Government and CPN(M) to reach final agreement on the modalities for CPN(M) leadership security, which has complicated the arms monitoring regime. Although UNMIN was informed that agreement had been reached in principle, as of 15 April it had not been formalized. All parties have, however, agreed that any other weapons discovered should be treated as a violation of law, subject to seizure and prosecution.
24. In accordance with the agreement, 2,855 Nepal Army weapons were registered and stored from 10 to 13 April 2007 at the Chhauni Barracks in Kathmandu. That number corresponds to the number stored by the Maoist army, excluding those retained for perimeter and leadership security, and the weapons are composed of equivalent types.

25. All seven Maoist army weapon storage areas and the one Nepal Army weapon storage area are monitored under the arrangements laid down in the agreement on monitoring the management of arms and armies, including the around-the-clock presence of United Nations arms monitors and electronic surveillance. Arms monitors carry out visits to satellite cantonment sites and Nepal Army barracks and investigate incidents as appropriate. UNMIN has been ready to commence the second phase of registration and verification of Maoist army combatants, which will require those remaining in cantonments to have been born before 25 May 1988 and not to have been recruited after 25 May 2006. As of mid-April, the modalities for verification and for the discharge of children under 18 had not been agreed by the CPN(M), which publicly denied their presence. In addition, the CPN(M) leadership wanted the interim Government to initiate discussions on the future of Maoist [page 6 ends here] combatants and on further measures to improve conditions at cantonment sites before verification could proceed.
26. Conditions at cantonment sites have been of great concern to UNMIN. Although these are not in any way a responsibility of the United Nations, UNMIN and the agencies of the United Nations system have made repeated efforts to promote cooperation between the Government and CPN(M) to improve conditions and have expressed their willingness to respond to requests for assistance. The interim Government has established a new committee for cantonment management headed by the Minister for Peace and Rehabilitation and including the senior CPN(M) minister, and is committed to making urgent improvements. The task is, however, made more difficult by the fact that the number of personnel in the cantonments is greatly in excess of expectations, which in turn requires UNMIN to undertake verification as soon as possible. The onset of the monsoon rains expected in mid-June makes rapid improvements imperative.

27. As of 15 April, the Joint Monitoring Coordination Committee had held 24 meetings. The spirit of cooperation in the group, comprising UNMIN, Nepal Army and Maoist army representatives, has been excellent. The formation of the interim Government should make progress on a range of issues facing the Committee easier.
28. Improvised explosive devices, used in large numbers by the Maoist army during the conflict, have been collected at designated areas a safe distance from each of the seven main cantonment sites. The disposal of such devices, as well as the clearing of Nepal Army minefields, is the responsibility of the parties. However, in view of the security risks the devices represent and in the interest of minimizing factors that could adversely affect the cantonment and arms monitoring process, the UNMIN Mine Action Unit has been conducting assessments of storage facilities for such devices all at main sites to estimate the quantity and ascertain the condition of stored explosives. An estimated total of 10 tons of explosives are currently stored at the seven sites, consisting of bulk explosives, improvised explosive devices and unexploded ordnance. The Mine Action Unit has been monitoring the storage process and has made recommendations for the improvement of the storage facilities. Maoist commanders have been given advice on mitigating the risk of accidental detonation and have been requested to identify a location for the establishment of a demolition range at each cantonment site. Currently, instructions have been given not to approach the storage areas, and the Unit assesses that the risk to United Nations staff on cantonments is acceptable as long as the arms monitors follow those safety instructions.

29. The Mine Action Unit has urged the early destruction of all items stored, in view of the dangers resulting from the combination of an accumulation of explosives on storage sites, increasing temperatures and the age and condition of some of the explosives. A demolition plan has been approved by the Joint Monitoring Coordination Committee, giving priority to the disposal of items classified as unsafe to store. With the financial support of donors, a company based in the United Kingdom, the Armor Group, has been contracted to monitor the storage on a continuing basis and initiate destruction of the highest priority items.
The Maoist army and the Nepal Army have agreed to appoint liaison officers to the Unit, which is expected to greatly facilitate coordination and communication between the parties. The Mine Action Unit is also liaising with the Nepal Army to render support, within the Unit’s capabilities, in the clearing of its mine fields. [page 7 ends here]

B. Electoral support

30. The Mission’s electoral advisers have been providing technical assistance and advice to the Election Commission in the following areas: the legal framework and laws; voter education; training; logistics; political party, domestic and international observation accreditation; media; information technology; website development; and field support. UNMIN advisers have provided extensive advice on the planning and preparation of an election that is in line with international standards and have recommended amendments to draft election laws, in particular to ensure inclusion in accordance with the commitments of the interim Constitution. Decisions regarding the content of law and practice are made by the authorities of Nepal.
31. The total number of staff of the Electoral Assistance Office as of 15 April was 24. Nine are based at the headquarters of the Election Commission in Kathmandu and three in each of the five regions, in Biratnagar, Pokhara, Kathmandu, Nepalgunj and Dhangadhi. Four more positions that are in the process of being filled will all be at Kathmandu headquarters. Preparations, including a district-by-district security assessment, are under way for the deployment of 124 international and 43 national United Nations Volunteers who will serve as associate electoral officers in the 75 districts in Nepal. The scheduling of deployment will depend on final decisions regarding the election timetable. The team of electoral expert monitors, who will review all technical aspects of the electoral process and report on the conduct of the election, has been selected. They will be formally appointed by the Secretary-General in the near future.
32. The Election Commission’s notification to the interim Government that a mid-June election had become impossible cited, in addition to legislative and logistical requirements, the security environment. This highlights the importance of early deployment of the UNMIN small police advisory team.

C. Civil affairs

33. The Civil Affairs Office is responsible for implementing the Mission’s mandate to assist in the monitoring of the ceasefire arrangements beyond the management of arms and armed personnel. The parties have made repeated commitments, which are essential to creating the conditions in the countryside for a credible Constituent Assembly election. Those commitments were first detailed in the ceasefire code of conduct in May 2006, and they were reiterated and extended in subsequent agreements, including in the Comprehensive Peace Agreement and most recently in the common minimum programme of the interim Government. The commitments, in addition to those regarding arms and armed personnel, include assuring freedom for political activists and members of social organizations to move throughout the country, express their views and engage in campaigning and other activities; allowing government and other essential services and facilities to operate without disruption; and ensuring the return of property seized or locked up during the conflict. Ensuring adequate political space and a level playing field for all in the rural areas, where there has been a prolonged absence of the State, will be crucial for the credibility of the election.
34. A national monitoring committee established by the parties in May 2006 to monitor the ceasefire code of conduct was dissolved after the Comprehensive Peace [page 8 ends here] Agreement was signed in November 2006, with the parties expressing their intention to establish a new monitoring body. My Special Representative has consistently emphasized the importance of a credible independent national monitoring mechanism for the peace process, but the establishment of such a mechanism has been delayed pending the formation of the interim Government. As of mid-April, the new Ministry for Peace and Reconstruction was developing plans for a high-level monitoring body as well as for local committees in each district to monitor implementation of the peace agreement.
35. The Civil Affairs Office, which did not benefit from any substantial advance deployment and as of 15 April had only two officers, has engaged in recruitment and planning the training and deployment of its future staff. This has included coordination with OHCHR, the Office for the Coordination of Humanitarian Affairs and other agencies of the United Nations system with a local presence that can contribute to monitoring and with sections of civil society to explain the future role of the civil affairs officers.

D. Political affairs

36. The Political Affairs Section, which as of 15 April comprised only one international and one national officer, supported my Special Representative in intensive dialogue with all the major stakeholders in the peace process, including the Government, political parties, civil society and other concerned citizens, and the diplomatic community. The prominence that the grievances and demands of traditionally marginalized communities have assumed during the period has complicated an already complex political landscape. The Mission has encouraged an inclusive dialogue within Nepalese society that can lead to a consensus on election arrangements and contribute to longer-term solutions. The Political Affairs Section also provided support to the Arms Monitoring Office in negotiations regarding the management of arms and armed personnel and, pending the establishment of the coordination unit, ensured coordination with the United Nations country team. Full staffing of the Section is expected in May.

E. Public information and outreach

37. The focus of the Communications and Public Information Section during the reporting period was primarily on the media, seeking to ensure that the mandate and activities of the Mission in support of the peace process were well understood. Planning for outreach activities has included identification of target audiences, especially in the regions and districts, at cantonment sites and among traditionally marginalized communities, and preparation for the production of public information materials. Implementation will take place as soon as the necessary staff have been recruited.
38. My Special Representative conducted five press conferences during the period, while UNMIN issued press statements and engaged in frequent encounters and briefings with the press. Statements were disseminated widely to regional and district media and at the national level, and achieved generally accurate reporting of the Mission’s work and concerns. To ensure that marginalized groups remained informed of the Mission’s work, statements were disseminated directly to targeted [page 9 ends here] civil society networks, including organizations representing women, Dalits and indigenous and Madhesi communities, and to community radio networks so that they could be broadcast in local languages in rural areas.
39. The Communications and Public Information Section has operated during the period with minimal staffing: the spokesperson was recruited in mid-February and joined by a national media officer in mid-March. Two United Nations Volunteers, a photographer and a press officer, joined in early April. Most staff are expected to be in place by mid-May.

F. Safety and security

40. Overall, security in Nepal has improved since the end of conflict in May 2006. The law-and-order situation has, however, deteriorated in many respects. United Nations staff are not assessed to be under direct threat from any group, although protest activities have affected Mission operations. The Madhesi People’s Rights Forum, which is active primarily in the Eastern, Central and Western Terai areas, has mobilized large numbers to participate in general strikes, establish road blocks to disrupt movement and block activities such as the work of customs posts along the border. The leaders of the Madhesi People’s Rights Forum and of some other organizations have publicly stated that the United Nations has free passage during strikes, but on the ground the demonstrators have sometimes challenged United Nations movement. UNMIN continues to enjoy relative freedom of movement, but exercises caution during the many civil disturbances as violence can occur without warning. Strong emphasis is laid upon security assessment and upon following minimum operating security standards.
41. Recruitment is in process for the full UNMIN Safety and Security Section, together with planning for its integration into the Department of Safety and Security operations in Nepal.

G. Administration and logistics

42. The establishment of the necessary administrative and logistics support infrastructure lagged somewhat behind the arrival of the advance contingents of arms monitors and electoral advisers and their deployment to the regions and cantonments, since UNMIN was constrained by the limits of the pre-mandate commitment authority as well as by the competing material and personnel needs of other deploying peacekeeping missions. During this critical build-up phase, UNMIN received significant assistance from agencies of the United Nations system in Nepal, in the form of office space and furniture, loans of vehicles with drivers and provision of supplies, as well as procurement and financial services. Initial communications and information technology equipment needs were met to the extent possible from strategic deployments stocks, airlifted to Kathmandu from the United Nations Logistics Base in Brindisi, Italy. The Government of India donated 82 4x4 vehicles, buses and pick-up trucks and 20 generators to the Government of Nepal for loan to UNMIN, out of which 50 4x4 vehicles and 10 buses have been delivered so far. With the approval of the Mission’s budget by the General Assembly on 26 March 2007, it will be possible to achieve the full administrative and logistics infrastructure, including the establishment of the UNMIN headquarters in the [page 10 ends here] Birendra International Convention Centre, Kathmandu, and the five regional offices in Biratnagar, Pokhara, Kathmandu, Nepalgunj and Dhangadhi, to support the deployment of the remaining arms monitors, electoral advisers, civil affairs officers and other substantive staff. To that end, more than 300 tons of equipment from the strategic deployment stocks in Brindisi had been flown out to Nepal by the third week of April.

V. Human rights

43. In line with the request of the Nepalese parties for continued human rights monitoring by the Office of the United Nations High Commissioner for Human Rights, the Office continued its monitoring, capacity-building and outreach activities, in cooperation with the United Nations Mission in Nepal as appropriate.
Activities focused on human rights issues related to the peace process, with priority given to monitoring events in the Terai. Human rights concerns related to law enforcement, both by police and by CPN(M), with its parallel “law enforcement” activities, dominated the period. Police responses to demonstrations and other incidents in the Central and Eastern regions of the Terai ranged from excessive use of force (at least 18 out of 24 deaths documented by OHCHR between 22 January and 7 February 2007 were the result of police action) and almost total inaction. The main conclusion of the Office’s investigations into the 27 killings in Gaur on 21 March 2007 was that the local authorities and police failed to prevent and stop the violence and the killings. Allegations of rape and sexual mutilation during that incident were not confirmed by medical or testimonial evidence.
44. The Office intervened in a number of cases of abductions by CPN(M), including by its Young Communist League. The Communist Party of Nepal (Maoist) continued to maintain small groups of individuals in captivity who were serving “sentences” passed by “people’s courts”. The Office also investigated a number of clashes or violent incidents involving CPN(M) and MPRF, or CPN(M) and other political parties.

45. In order to promote dialogue and tolerance, OHCHR began a series of activities bringing together different stakeholders to discuss human rights and the peace process, with the participation of UNMIN. The Office gave briefings to representatives of the Government, civil society and others to raise awareness about the need for broad consultation prior to the setting up of the Truth and Reconciliation Commission envisaged in the Comprehensive Peace Agreement. It also continued to press for the prosecution of those responsible for human rights violations. It provided a forensic expert to support the exhumation of remains thought to be those of Maina Sunuwar, a 15-year-old girl who died after torture in the custody of the Nepal Army in 2004; the exhumation finally took place in March 2007, but investigations have so far made little progress. The need to set up a credible independent commission of inquiry to look into disappearances committed on both sides during the conflict remains a pressing outstanding issue, despite repeated commitments in agreements and elsewhere to do so. In relation to the above, further efforts will be required by the authorities to ensure an end to impunity, including through investigations into past crimes, and the entrenchment of the rule of law for the future. [page 11 ends here]
46. The Office has continued to work with and provide training for national actors, particularly the National Human Rights Commission, in building national capacity to address the human rights situation in the future. The Commission, though referred to in the interim Constitution, remains impeded in its work as the Government has not yet appointed commissioners.

47. The United Nations High Commissioner for Human Rights visited Nepal from 19 to 24 January 2007 to support the work of her Office and to hold meetings with key stakeholders. The visit focused primarily on the issues of social inclusion and representation, accountability and the need to strengthen law enforcement to develop a professional police service fully respecting human rights. In a welcome development, the agreement between the Office of the United Nations High Commissioner for Human Rights and the Government of Nepal was extended for a further two years in April 2007.

VI. United Nations country team coordination

48. UNMIN and the United Nations country team have established an excellent working relationship, enabling my Special Representative to fulfill his responsibility to coordinate the United Nations effort in Nepal in support of the peace process. In early April a joint strategic framework for supporting the peace process was agreed.
The strategic framework also forms the basis of one of the four priority areas defined by the United Nations Development Assistance Framework 2008-2010, which is currently being finalized in consultation with the Government and development partners. For the coming 18 months, the strategic framework will serve as the basis for the reorientation of existing programmes and the formulation of new priority programmes to support the peace process. Cooperation between UNMIN, UNDP, UNICEF and the United Nations Population Fund (UNFPA) has been firmly established regarding the registration of Maoist combatants and the encouragement and support of improvement of cantonment conditions.
49. To complement the Peace Trust Fund of the Government of Nepal launched in February 2007, a United Nations peace fund for Nepal (United Nations fund) was established on 13 March 2007. Under the same overall governance structure as the Nepal Peace Trust Fund, which is overseen by a government steering committee with United Nations and donor participation, the United Nations fund will enhance the United Nations and donor coordination efforts under the leadership of UNMIN.

50. The United Nations fund will enable support in five main priority clusters, as follows: (a) cantonments and reintegration; (b) elections and governance; (c) quick impact (for vulnerable communities); (d) security sector; and (e) rights and reconciliation. It is envisaged that the United Nations fund will be phased out two years from the date of its establishment, and in that period it will have the capacity to facilitate rapid support from the agencies of the United Nations system for the peace process. The fund has received contributions of $1 million from the United Kingdom and of $1.2 million from Denmark, and other donors have indicated their interest in contributing. The first project approved by the United Nations fund was the funding of the contract in support of the mine action and improvised explosive devices disposal activities described in paragraph 29 above. [page 12 ends here]

VII. Observations

51. The peace process in Nepal has advanced considerably in a very short period of time. Few could have imagined at the beginning of 2006 that an end to the armed conflict would have been declared, that agreement on the management of arms and armed personnel would be in the process of implementation under United Nations monitoring with broadly cooperative relationships between the Nepal Army and the Maoist army, that CPN(M) would have entered an interim legislature and Government, and there would be almost universal agreement on the need to move forward to a new constitutional settlement through a Constituent Assembly election. These are historic achievements, and I congratulate all the parties to the peace process for their hard work to achieve consensus on difficult issues.
52. While much has been achieved, much also remains to be done. The task of monitoring the management of arms and armed personnel, which has been entrusted to the United Nations, is a first step in a process. It has brought into sharp relief the complexity of the process, including the unsatisfactory conditions of the Maoist army cantonments, which must be addressed through early decisions on the future of former combatants, in the context of longer-term reform of the security sector.

53. The election of a Constituent Assembly, which is the core objective of the Mission’s role, must be conducted in an environment conducive to a genuine expression of the will of the Nepalese people. This will require support for and cooperation with the Election Commission as it organizes Nepal’s first election involving partial proportional representation and ensures voter education for a unique Constituent Assembly poll. It will also require a cooperative effort to establish public security through effective law enforcement that respects human rights, in a country previously divided between State and non-State actors and where the police have yet to be deployed nationwide.
54. The government’s commitment to dialogue must be successful in ensuring that civil society in Nepal, in particular its many traditionally marginalized communities, feel ownership of the Constituent Assembly process. The Constituent Assembly is seen as the opportunity to create a “new Nepal”, and both the election that determines representation in this body and the constitution-making process that follows must be fashioned in such a way that those Nepalese who have too often been without a voice will be heard.
55. The peace process in Nepal is ultimately about resolving long-term underlying causes of the conflict. The challenge this represents and its potential impact on the short- and medium-term transitional peace efforts now in progress cannot be underestimated.

56. The process is Nepali-owned. The parties have demonstrated that they are capable of overcoming difficulties when they reach consensus agreements and act with unity of purpose. Maintaining unity of purpose will be essential in the months ahead as the country grapples with the immense challenges of reshaping itself as a peaceful, democratic and inclusive state. UNMIN, with the support of all relevant entities of the United Nations system and the wider international community, will play its part in supporting this endeavour in accordance with its mandate. [page 13 ends here]
To read the original report, click here (pfd format)
United Nations S/2007/235Security CouncilDistr.: General26 April 2007Original: English07-31323 (E) 260407

Source; The Nepal Monitor, May 1, 2006

United States Issues Country Report on Terrorism

Daya Gamage – US Bureau Asian Tribune

Washington, D.C. 01 May (Asiantribune.com): “Working with allies and partners across the world, through coordination and information sharing, we have created a less permissive operating environment for terrorists, keeping leaders on the move or in hiding, and degrading their ability to plan and mount attacks,” according to the 2006 Country Reports on Terrorism, released April 30. The State Department prepared annual report to the Congress includes analyses from the National Counter Terrorism Center, and the report admits that there was a 25% increase in terrorism worldwide in the year 2006. ‘Asian Tribune’ in the following columns presents the overview of the South and Central Asian Region with selected countries in South Asia for the benefit of the South Asian readers and expatriates of those countries living in Western nations. The US State Department gives the following overview of the South and Central Asian Region: “Terrorism remained a problem in the region, directly and indirectly threatening American interests and lives. To varying degrees, U.S. cooperation with regional partners on counterterrorism issues continued to increase, but much is left to be accomplished.
“Despite considerable progress in Afghanistan, the Taliban-led insurgency remained strong and resilient, particularly in the Pashtun south and east. Although the insurgency absorbed heavy combat losses, its ability to recruit foot soldiers from its core base of rural Pashtuns remains undiminished.

“Pakistan executed effective counterterrorism cooperation and captured or killed many terrorists. In August, close cooperation between Pakistani, British, and American law enforcement agencies exposed the London-Heathrow bomb plot, leading to the arrest in Pakistan of Rashid Rauf and other conspirators believed to be connected to the case. However, the United States remained concerned that the Federally Administered Tribal Areas (FATA) of Pakistan are a safe haven for al-Qaida, the Taliban, and other militants.
“Terrorists staged numerous attacks in India, including a series of commuter train bomb attacks in Mumbai which killed over 200 people and injured more than 700. Despite challenges associated with its law enforcement and judicial systems, India achieved major successes this year, including numerous arrests and the confiscation of explosives and firearms. Neighboring Bangladesh continued to arrest extremists, but the deteriorating political situation in Bangladesh may increase the opportunity for terrorists to find refuge or transit.
“In Nepal and Sri Lanka, terrorism carried out by the Maoists and the Liberation Tigers of Tamil Eelam (LTTE) posed a severe challenge to those governments. On an encouraging note, in November, the Maoists signed a peace agreement with the Government of Nepal that provided, under certain disarmament conditions, that the Maoists could be admitted into an interim government. In Sri Lanka, the LTTE continued attacks including targeted assassinations against political and military opponents.
“A sustained commitment to counterterrorism by Central Asian states resulted in relatively few terrorist attacks. Yet terrorism and the underlying conditions and porous borders it exploits still pose a significant threat to the region. In May, terrorists attacked border posts in Tajikistan and Kyrgyzstan but were subsequently killed and captured by joint operations in the Ferghana Valley. With U.S. support, Central Asian states have undertaken to improve the capabilities of their border forces and build new border posts to impede terrorist movements and interdict drug smuggling, some of which financed terrorism in the region. The sheer length of the border and local corruption remained obstacles in Central Asia's efforts to control its borders. More widely, popular grievances over governance and poor economic growth enhance conditions terrorists and other extremists could exploit to recruit and operate in the region.
“Central Asia's most notorious terrorists are the Islamic Movement of Uzbekistan (IMU) and a splinter group, the Islamic Jihad Union (IJU ). However, radical extremist groups such as Hizbut-Tahrir (HT) may also present a danger to the region. HT, an extremist political movement advocating the establishment of a borderless, theocratic Islamic state throughout the entire Muslim world, has followers in Kyrgyzstan, Kazakhstan, Tajikistan, Uzbekistan, Germany, the United Kingdom, Turkey, and the Middle East. The United States has no evidence that HT has committed any acts of international terrorism, but the group's radical anti-American and anti-Semitic ideology is sympathetic to acts of violence against the United States and its allies. HT has publicly called on Muslims to travel to Iraq and Afghanistan to fight Coalition Forces.”

Nepal

Through April 2006, Nepal's primary counterterrorism focus remained the Maoist insurgency but the focus shifted dramatically after Nepal's political parties, the Maoists, and civil society led a popular uprising against the King. King Gyanendra was compelled to restore parliament and cede his authoritarian powers to a government run by an alliance of the seven main political parties. The Maoists declared a unilateral cease-fire on April 27. The government followed suit on May 3, formally lifting its designation of the Maoists as a terrorist organization. Months of negotiations resulted in a comprehensive peace agreement on November 21 that formally ended the insurgency.

The agreement also provided that the Maoists would be admitted into an interim government once Maoist combatants were in camps and relinquished their weapons under UN monitoring.
From January to November, Maoist rebels were responsible for the deaths of 165 security personnel and 46 civilians. During the same time period, the government killed 182 suspected Maoist militants. Nepal's National Human Rights Commission (NHRC) reported that murders by Maoists lessened after the cease-fire in April, but still totaled 28 from May until November. Security force killings of Maoist insurgents were also significantly lower after the cease-fire, totaling nine during the same period.

Despite the cease-fire, Maoist rebels continued to conduct abductions, extortion, and violence. In the Kathmandu Valley, Maoists took advantage of their dramatically increased presence and the government's reluctance to upset the peace process to expand their use of extortion and efforts to undermine trade unions and student groups affiliated with the political parties. They also continued forced recruitment of schoolchildren, with thousands targeted after the signing of the initial November 8 peace accord. On September 20, and again on December 19, the Maoists declared nationwide transportation strikes. Both events were accompanied by the stoning of vehicles, and each lasted only for the declared period, demonstrating Maoist command and control.

This year also saw the beginning of a disturbing new trend with the activation of the separatist Maoist-splinter terrorist group called the Janatantrik Terai Mukti Morcha (JTMM), which aimed to bring about the secession of the southern Terai plains from the rest of Nepal. This group was responsible for the assassination of a Nepali Member of Parliament in September.
"Imperialist" United States and "expansionist" India were the targets of considerable Maoist venom, especially in the period leading up to the April uprising. A trip by Maoist Supremo Prachanda to New Delhi on November 18, however, seemed to mark the culmination of a shift in the Maoist view of Nepal's large neighbor to the south. At the end of the year, the United States was the only country to maintain its designation of the Maoist insurgency as a terrorist organization. Several countries, including India, were waiting for the Maoist entry into government to authorize open contacts at all levels. The United States provided substantial antiterrorism assistance and training to Nepal's security forces, including courses on crisis management and critical incident management.