Uncertainty of CA Elections and the Republic Question

Dr. Bal Gopal Shrestha

It is bizarre to see the failure of the ruling eight parties to meet even a month after the deferral announcement of the elections to constituent assembly. A country in transition cannot afford such a delay in the political process. In addition these parties are also openly accusing each other for the deadlock. Especially, the head of the state and Prime Minister Girija Prasad Koirala proved himself most irresponsible by not taking the initiative to end the uncertainly.

We know that the sole basis of the present eight-party interim government is the 12-point agreement that they signed in November 2005. The first and foremost agenda of the agreement was to bring to an end to autocratic monarchy and to establish absolute democracy. To institutionalize this purpose the agreement proposed to hold an election to a constituent assembly. The massive people's movement in April 2006 forced king Gyanendra to relinquish his power, which paved the way to implement the road map of the seven-party alliance. A year has passed since the seven-party alliance came to power, but it failed to hold constituent assembly elections as they had agreed with the Maoists. Already it was very late when they announced the interim constitution and interim parliament on 15 January 2007. After that, things could have moved more rapidly if the parties had shown sincerity and realized their responsibility, but apparently they miserably failed in this regard.

The Maoists' demand to let the interim parliament announce Nepal a republic did not come all of a sudden. The eight parties agreed to held elections to a constituent assembly on 20 June 2007, but the postponement of elections came amidst heavy national and international pressure. Especially, we saw James Moriarty, American envoy to Nepal, extremely reckless in his wish to postpone the elections. Until the last minute, he tried to use his influence to postpone the elections and to keep the Maoists out of the interim government. For a year, the Maoists waited patiently for the elections. When the deferral announcement came, the Maoists' outburst can be imagined.

The chief election officer (CEO) said that he needed 120 days before he could prepare the elections, but his announcement came only when he had less than a hundred days. Why the CEO did not come with this fact when he still had more than 120 days is unexplained. Since he failed to hold the elections in a stipulated time, it is but logical that he himself and his team had resigned but that did not happened. The prime minister also did not feel it necessary to hold an urgent meeting of the eight parties to find an amicable solution without delay. Given the uncertainty that prevailed after the deferral of the elections, the Maoists’ move to declare Nepal a republic from the parliament is not unreasonable.

At present, there is no party in Nepal that can speak in favour of any form of kingship, except Kamal Thapa's National Democratic Party, which supported king Gyanendra's February 2005 coup. Now and then, Prime Minister Girija Prasad Koirala talks about retaining a ceremonial king, but he could not stand firm on his words as a large section of his own party, the Nepali Congress appeared against retaining the monarchy. We also noted even Prime Minister Koirala himself advised king Gyanendra and his son Paras to voluntarily abdicate before declaring Nepal itself a republic. On 7 May 2007, Prime Minister Koirala, though, managed to pacify Congress district presidents, and had to tell them that by gradually stripping away all the powers of the king then would Nepal be finally declared a republic. Not only members of civil society but also a vast majority of people are in favour of declaring Nepal a republic straight away. Family members of the martyrs of the April 2006 people's movement and those injured in the movement have also been demanding Nepal to be declared a republic immediately.

During the April 2006 people's movement, defying brutal suppression, hundreds of thousands of people spontaneously took to the streets of cities and villages throughout the country for 19 days chanting slogans against the autocratic king Gyanendra. More than two dozen people sacrificed their lives and thousands were injured. Their single demand was to declare Nepal a republic by ending the monarchy instantly. On 23 April 2006, however, the leaders of the seven-party alliance hastily agreed to let king Gyanendra reinstate the parliament instead of removing the king himself. The Maoists who also actively participated in the people's movement denounced that act of the seven-party alliance, but yielded at Prime Minister Koirala's persuasion of holding an early election to a constituent assembly. Already the general people blamed power hungry leaders of the seven-party alliance for deceiving the people by ending the movement in a secret compromise with the king. Now with the deferring of elections, they feel that these leaders are conspiring to retain the redundant monarchy in Nepal.

In fact, the relevance of the monarchy in Nepal was lost after the 1 June 2001 palace massacre. The palace massacre was the death of monarchy as it wiped out the traditional line of succession to the throne. Although, the official prove-commission put the blame on crown prince Dipendra, who himself was killed in the incident, nobody in Nepal is ready to accept it. Of course, there is no evidence since no proper investigation was carried out, but the Nepalese people have openly been blaming king Gyanendra for staging the palace massacre to achieve the throne. The Nepalese people never gave the same respect to king Gyanendra as to his late brother Birendra because of Gyanendra's image as a notorious businessman and his scandalous son Paras. On top of all this, his autocratic acts against democracy made him the most detested king in the history of Nepal. The February 2005 coup was his final step, which left the people with no option than to take to the streets against him.

Soon after the success of the April 2006 people's movement, the House of Representative (HoR) stripped the king of all powers. On 18 May 2006, it declared Nepal a secular state and scrapped the Supreme-Commander-in-Chief post of the king, and changed the Name of the Royal Nepalese Army to Nepal Army. The 2007 interim constitution again completely deprives Gyanendra of any administrative rights and rejects his rights to the properties of the deceased royal family members. Further it also declares to nationalize all properties he obtained by virtue of being king, such as the palaces, forests and national parks, historic important heritage sites, etc.

At present, the king holds no formal position. Prime Minister Girija Prasad Koirala himself is working as the head of state. Practically the country is already functioning as a republic without declaring itself a republic. If the present interim parliament can strip the king of all powers and passes so many important bills, it can declare Nepal a republic at any time. Rightly, the speaker of the house Subhash Nemang said that he was ready to declare Nepal a republic a minute after the leaders of the eight-party agree for the same. Only we have to see if they will indeed be able to come to an agreement or remain undecided on the issue. It is needless to say that the people are eager to see Nepal declared a republic at the earliest.

Source: The Kathmandu Post, May 16, 2007

Maoist Report Card

Uday Bajracharya

The 40-point demand of the Maoists before they took up arms in 1996 didn’t call specifically for the abolishment of the monarchy. However, Prachanda said in his interview to the BBC soon after Jana Andolan-2 that the combined effect of the forty points was abolition of the monarchy. Therefore, the Maoists will be judged on the basis of only one thing, i.e. whether or not they will be able to abolish the monarchy. Their demand for a constituent assembly can be seen as a means, not an end, to achieve other goals such as making the people sovereign and restructuring the state.

Although the Maoists started their ‘People’s War’ against an elected government, they joined hands with the ‘democratic’ parties in 2006 to launch Jana Andolan-2. True, this action resulted in making the monarchy almost powerless, at least temporarily, but it also catapulted the extremely weakened ‘democratic’ parties, especially Nepali Congress, to new heights, allowing them to claim full credit for the success of Jana Andolan-2.

The Maoists’ persistent demand for a constituent assembly resulted in the interim constitution including a clear deadline for an election to the CA. However, it is now clear that the deadline can’t be met. The Maoists had agreed to decide the fate of the monarchy by the CA, knowing full well that regressive forces would try to stop the election as they had done before when a CA promised in 1951 never materialised. The whole thing has now been thrown into uncertainty, including the fate of the monarchy.

It is interesting to note that the Maoists started their ‘People’s War’ soon after the US became the sole superpower following the collapse of communism in the former Soviet Union and other European countries. Similarly they ended the hostilities, locked up their arms and put their combatants in cantonments in 2007 when the US Empire is crumbling, mainly due to the war in Iraq, and when there is a lame duck president in the White House. They tried to negotiate a peace in 2001 and 2003 in view of the ‘global war on terror’, which was probably reasonable, but it is hard to understand the timing of their starting and ending the war.

Due to their starting the war at the wrong time and the ‘global war on terror’ following the 9/11 attacks on the US in 2001, the Nepal government could gather tremendous material support from the US, India and other countries for ‘their’ war on terror. Consequently, the (Royal) Nepali Army was transformed from a weak force focused primarily on earning money through international peacekeeping operations to a well-equipped 95,000-strong army. The Maoists are indirectly responsible for this. Even with weaker armies, the palace had staged coups before and had suppressed democracy for 30 years during the Panchayat regime. A strong (Royal) Nepali Army can be a constant threat to democracy if the monarchy is not abolished immediately.

The Maoists insisted on UN assistance in the peace process. Although the UN was created by the victors of World War II and has often been used by the US as a tool to dominate world politics, it has legitimacy in the eyes of most nations. The UN often uses a ‘one model fits all’ approach and can be inflexible in its working procedures. As a result, the people of Nepal have to watch helplessly as the UN representative declares that Nepal has to fulfill certain requirements before the elections can be held or that it will be no disaster if the elections are delayed. One can denounce the naked intervention in Nepali politics by the US or the Indian ambassadors but one can hardly defy the UN. This action of the Maoists has made Nepal dependent on the UN, which may be very hard to shake off.

The Maoists raised the disadvantaged people’s awareness of their rights, which is great. However, they also promised them ethnic and regional autonomies including the right to self-determination. This might have helped them recruit large numbers of party cadres but it also raised the expectations of various communities unrealistically, resulting in the on-going agitation by these groups. The Terai problem is particularly serious. Terai has a potential of seceding from Nepal. Should this happen, Nepal is going to be not only land-locked or India-locked but also Terai-locked, with disastrous consequences.

Different people see the end of hostilities by the Maoists differently. People like Girija Koirala and the ‘international community’ consider this as a case of bringing the ‘terrorists’ to the mainstream. The Maoists claim it to be the beginning of a new phase in their movement. However, recent activities of the Maoists have led most people to believe that the Maoists have realized the futility of the war and have now been trying for a safe landing into mainstream politics before achieving the main goal of abolishing the monarchy. A recent statement by Prachanda that they could end up with the fate of the Shining Path of Peru if they are not careful reinforces the above belief.

The Maoists have made mistakes but they can correct them by helping abolish the monarchy, that too before the CA elections. They have raised awareness for a republic to an unprecedented level. Having squandered the chances for abolishing the monarchy several times before, the people of Nepal know that they won’t get another chance for a long time if they don’t succeed this time. True, the republican forces face a tremendous challenge both from within and outside the country, but they can still do it because the people are with them on this issue like never before. Therefore, the Maoists have two options: Do whatever it takes to lead the republican forces for abolishing the monarchy and earn a place in history, or fail on this and face the punishment for raising false hopes of a republic and for immense social, political, economic and human costs, including the death of 13,000 people. The choice is entirely theirs.

Source: The Kathmandu Post, May 31, 2007

India's silent war

Jack Leenaars*

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

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

In the line of fire

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

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

Rebellious beginnings

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

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

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

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

Enduring conflict and corruption

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

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

Source: Radio Netherlands Worldwide, May 30, 2007

Nepal leaders fix poll time, rescue parliament

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

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

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

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

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

Source: The Hindustan Times, May 21, 2007

Nepal: Bhutanese Refugee Tensions Erupt Into Violence

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

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

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

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

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

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

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

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

Source: Reuters News, May 31, 2007

Finding light

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

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

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

Source: The Himalayan Times, June 1, 2007

Political transition: Factionalism is undermining democracy

Ganga Thapa

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

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

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

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

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

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

Source: The Himalayan Times, June 1, 2007

For Gender Balance

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

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

Source: The Rising Nepal, June 1, 2007

EC Preparations

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

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

Source: The Rising Nepal, June 1, 2007

CA Polls : Seriousness Must Emerge

Prem N. Kakkar

For the legislature parliament proceedings to be stalled for a month and a half is a matter of great concern. For the House - that came into existence with the tacit approval of the eight political parties - to come to this state is rather unfortunate. When so many agreements were made to come to this point, the leaders of the said parties must come to terms with the reality of the country.

Election laws

Though the Maoist legislators have said that they would not disrupt the proceedings, the Madhesi MPs have not relented and are going ahead with their demands, although a review of the constituency report has been agreed upon by the eight parties. This may possibly pave the way for the House meetings to continue. It is urgent for the House to convene as early as possible because a number of election-related draft laws have yet to be discussed. The longer the delay in the parliament meetings, the greater the delay in the constituency assembly polls.

It mist be remembered herein that the Election Commission has already said that it needs over a hundred days to make full preparations for the polls after the announcement of the election date. The parties must be serious on this matter. It is said that the eight party leaders have tentatively agreed on holding the CA polls by mid-November, but no official statement has yet been issued so far.Even the eight party parleys have been stalled for the same length of time. Some parties were up in arms as soon as the Election Commission had said that the CA polls could not be held by mid-June. It obviously meant that the date had to be shifted. Soon after, the Maoists demanded that a republic be declared from the parliament itself while the CA polls could be held later. But there is no total agreement on the issue. The Nepali Congress (NC) has always been insisting that the first meeting of the constituent assembly would decide the fate of the monarchy, so it was prudent on the part of all to focus on the CA polls. That is in a sense the right assessment as the issue had been agreed upon earlier among the eight party leaders.

For any party to sidetrack from the earlier commitment is not right. The parties concerned must moot over the issue and arrive at a consensus as soon as possible. If it takes longer to decide on the date of the polls, there will be further confusion among the people. They must understand that they have to work as per the mandate given to them by the people with the April uprising. It is a serious issue and cannot be ignored by the parties concerned. The delay in holding the CA polls can prove counterproductive as it will give the regressive elements an opportunity to regroup and play mischief.Moreover, talking about the monarchy at this juncture is not necessary as the first meeting of the CA will decide on it. By dwelling on this issue at the moment, one is only creating confusion. Instead of this, there are more pressing issues to be looked into including the demands of the agitating groups particularly from the Terai. The issue of constituency delineation has to be the focus at the moment. Instead of talking of a third Jana Andolan, works must be initiated to consolidate the gains made so far and institutionalising them. This can be done by fixing a date for the CA polls. There are contentious issues, but they must be resolved through talks.

Law and order

Another factor that needs special attention is the law and order situation. It must definitely improve before the elections can be held. This will remove the apprehension of the people in the run up to the polls. The recent spate of violence seen in many parts of the country ought to be checked. Every group may have its set of demands, but they have to resolved through talks instead of demonstrations and bandhs, which have often turned violent. The parties concerned, too, must make every effort so that any sort of violence is controlled.Now it is on the shoulders of the eight party leaders to resolve their differences and agree on a date for the CA election, and for the legislature parliament to begin its normal functions.

Source: The Rising Nepal, June 1, 2007

Voters' Education And Current State Of Affairs

C. D. Bhatta

In this piece, I am putting down some of the empirical thoughts on the current state of affairs that came into limelight during the course of my field visits to different parts of the country as part of voters' education and civic rights programme. The programme was organised by Friedrich Ebert Stiftung (FES), a German think tank in Kathmandu, with the help of the German Ministry of Foreign Affairs.

Respect for others

The overarching aim of the voters' education programme was to train and educate the local people on contemporary political issues such as civic rights, democracy, constituent assembly (CA) election, current state of affairs and trickle down of knowledge to the grass root level. The central logic of this programme was to lay emphasis on the fact that democracy only works when it promotes local situations, local values based on social justice and solidarity, and there is a balance between two types of rules - written and unwritten - of society.

Equally important is the culture of respecting others (opposition parties) that play a great role in expanding the democratic sphere. It is because, in a democracy, every opposition of today moves into the helm of power tomorrow, and every party that is in power today might have to sit in the opposition bench tomorrow. This means democracy cannot be owned by a particular party for a long time but can only be rented for sometime. Likewise, democracy is all about sharing the burden of each other, that is, those in a society having a broader shoulder have a responsibility to carry those who have smaller shoulders. Dev Raj Dahal, a noted political scientist, is of the view that the decision to hold the constituent assembly election in Nepal has made Nepalese politics open-ended. There is increased citizens' participation in state affairs, but the state has or is not in a position to develop its own capacity to guarantee participation.

Political power has been transformed from the king to the eight political parties, but within this 'power transformation', neither is there intergenerational justice nor is transformation felt by the citizenry at large. Today various types of transformations are taking place in the Nepali society. For example, transformation in discourse (loktantra vs. prajatantra, ganatantra vs inclusive democracy); transformation in the political parties, that is, the rise of ultra communists forces; transformation in the actors, that is, the rise of political leaders of various ideologies and suspension of the king; transformation in subjects, that is, from a unitary to a federal system of governance; and transformation in procedure, that is, promulgation of the interim constitution and initiative to hold the election to the Constituent Assembly to write a new constitution. Having said this, however, there is no clear agenda before the state as to what type of state and system of governance we really want to have at the end of the day. We talk about 'state restructuring', but it is still not clear as how we want to go about and what type of restructuring would work best for us. Merely playing with words by producing various types of political terminologies without any scientific justification is creating more confusion than resolving problems.

Principally, the main purpose of the state is to protect the weak in a society from the strong and that of politics is to address underlying problems of the society by engaging people in the institutional life of the state. Moreover, the state has a duty to maintain public order in a society, and politics should bring about changes in a society. The main logic of democratic politics, therefore, is to initiate dialogue, search for a common agreement and provide alternatives (choices) so that diverse societal demands/interests could be met. However, there is a deadlock in Nepali politics, which is apolitical. A great deal of conflict exists between the state and societal forces. The result of this conflict is that the parliament has been stalled for more than a month, interim constitution has been receiving the wrath of the opposition from different sections of society, and it had to be amended within 35 days of its promulgation. The amendment of the constitution on an installment basis does not necessarily herald a prosperous political future for the country.

We have signed a comprehensive peace accord, but conflict residues are still prevalent in society. Different types of societal groups are forming critical masses, and the state has not been able to play the role of 'state' due to which it is losing internal sovereignty to various non-state-actors. The best part of the April uprising was that the citizens have been given their rights, but there is no efficient mechanism to ensure these rights. In a sense, no attempt has been made to make the state machinery strong and prosperous so that they can meet the challenge generated by these rights.This has resulted in the erosion in the capacity of the state in different arenas - erosion in policy (no sovereign policy), erosion in state authority (rise of the non-state actors), and increase in competitive violence (rule of might). Because of these factors, the state is not in a position to fulfil the main duties of the state - protect the weak, resolve conflicts, maintain sovereign policies, including foreign, and deliver public goods.

Harmony

Against this backdrop, the challenge for the Nepali state is how best to reconcile harmony between all the conflicting ideas, concepts, norms and values without undermining the spirit of the age. An attempt should move towards providing political legitimacy to the achievement of the people's movement and constitutional legitimacy to the interim constitution in order to move the political process ahead.

Source: The Rising Nepal, June 1, 2007

Where Does The Power Lie?

Keshab Poudel

"I have to admit honestly and frankly that Nepali people no more have the decisive power. The decisive power is in New Delhi and Washington," said CPN-Maoist leader Krishna Bahadur Mahara who is also the government spokesperson as the Minister for Information and Communication. (See Kantipur May 14 and Nepal Television May 13) addressing general meeting of District Development Committee, Rolpa.

- "NC people must consider what BP Koirala had once said. Rather than going to India with a package of problems, they would have done well had they gone there with a package of solutions," said Jhalnath Khanal, reacting to the visit of NC delegation of vice president Sushil Koirala, Dr. Ram Baran Yadav and Dr. Shekhr Koirala. "I don't understand what they are up to when they go to India with a problem." (The Himalayan Times May 28)

Strangely Khanal, who criticized the visit of three Nepali Congress leaders who are reportedly in New Delhi for health check up, is himself going to be a member of CPN-UML delegation to New Delhi. According to a May 29 reporting in The Himalayan Times from New Delhi, a team of CPN-UML leaders including its general secretary Madhav Kumar Nepal will arrive in New Delhi on 30 May. The members of delegation include K.P. Sharma Oli, Jhalnath Khanal, Bamdev Gautam and Ashok Rai.

As Nepal's present political situation is in a very crucial phase and internal political forces are in dispute over the announcement of elections date for Constituent Assembly, the visit of high-level party leaders of Nepal's two major political parties have definite political meaning.

The Himalayan Times –which is supposed to predict political weather coming from South – has already declared on May 27 that Koirala clan is losing its grip on the party. "In a way, the election of Pradeep Paudel as Nepal Student Union president is tantamount to a rebellion against the Koirala clan and its political ideology dating back to the 1950s," writes the daily.
According to THT, the bid is a last ditch effort by prime minister Girija Prasad Koirala who is under stepped up pressure to declare Constituent Assembly Elections.

If minister Mahara really believes upon his statement, many more questions may be raised at him. Along with other political forces, which one force led the Maoists into the power?

Prachanda's Realization

For CPN-Maoist leader Prachanda, it took a year to realize Nepal's reality. "One year after my public appearance when I met a number of capitalists, feudalists and other power centers, I have drawn the conclusion that Nepal is not like what we used to think. Eventually, we are now in a position to understand Nepal," said CPN-Maoist leader Prachanda (Kantipur May 24).

It is not clear whether they are the expressions of frustrations or expressions of real situation of the country. People in Nepal generally feel that they have come to know the Maoists in their political shape but surprisingly its supreme leader Prachanda has just started knowing what Nepal is.

The precious 15,000 lives have been lost to educate him about Nepal as he has realized now. Despite his realization, indications are that political situation in Nepal has no sign to stabilize and follow a fair and predictable process.

Past Experiences

Past experiences have shown that sooner the election is held, better for the country's over all situation. As Nepal's internal political forces are yet to agree on the date to hold the elections for CA, third party will have reasons to rejoice as its intervention will then be required to end any major political deadlock.

"Although the situation was very abnormal in the last days of Panchayat system, the upheavals of that time - which overthrew the previous order - reintroduced the multi-party parliamentary process very shortly. Within 14 months, the constitution was promulgated as a product of unique political understanding and reconciliation under which three elections for parliament were held with amazing peace and popular participation," said a political analyst.

According to the analyst, ongoing interests in the political destabilization created an opportunity to do away with that constitutional order as well as the political adjustments. "In the last phase of previous constitutional order, unfortunately, politicians ignored the consequences of cut throat competition for power which created a situation in which an inexperienced but over ambitious King played a short sighted role and the country entered into another phase of uncertainty and destabilization."

From Stable To Unstable

Following the promulgation of interim constitution, the country entered from a stable and predictable to unstable and unpredictable situation. Nobody is able to predict his/her own future now. Nobody in politics knows his/her future role. Even prime minister Girija Prasad Koirala, who sacrificed all political ideals, values, and country's interests for power, is uncertain about his position.

"As long as elected parliament was in operation, it was generally believed that entire parliament was capable of reflecting the popular will of the country and it could decide the fate of politicians. The previous constitution not only had declared the sovereign power vested into the people but it also generated belief in declaration. During the direct rule of King in the last phase, rightly or wrongly, the supreme decision making power was believed to be with the King," said the analyst.

Of course, April upsurge of last year deprived the King of that power but unfortunately no political force is sure of the center of the decisive power of this country now. In the last days of Royal regime, as a theoretician vice chairman of council of minister Dr. Tulsi Giri used to argue that there could not be two centers of power – the people and the King.

"Few days back the Maoist group leader in the cabinet and Minister for Information and Communication Mahara was on record in the media telling the people that the decisive power of this country is either in New Delhi or in Washington. Recalling Dr. Giri's statement regarding duality of the center of power to decide, it is now neither with the King nor with the people," said the analyst.

About Washington

In the words of minister Mahara, the decisive power has gone away either to Delhi or to Washington. However, while judging position of Washington, it has a very humiliating response from current events of Nepal. Prime minister Koirala completely ignored the advice of America in the process, particularly, on the decision of inclusion of Maoists in the government.

US and its ambassador James F. Moriarty, whose car was stoned Friday (May 25 in Damak Jhapa) by the members of Maoist -affiliated Young Communist League, are persistent in their position vis-à-vis Maoist party, which they term as terrorist outfit and have given no indication to budge from their stance yet. Americans denied visa to Maoist leader and still put them in US terrorist list.

Although US ambassador Moriarty was unhurt, this stoning incident, which the Maoist organization later claimed was not its planned doing, has raised a question on whose protection Maoists are waging a war against the US. In the words of vociferous Maoist leader and Minister for Forest and Soil Conservation Matrika Prasad Yadav, US ambassador Moriarty has completely failed in his attempt to block their road to power.

About New Delhi

About another power center New Delhi, there is a lot of whispering and rumors getting space in the print media that it has a lot of influence in Nepal. Actions and activities of politicians corroborate the apprehension of the people, which is not in the interest of good neighborly relationship between countries.

Series of meetings and negotiations were taking place in New Delhi before finally the 12 points agreement came to light in November of 2005. Even the recent rush to New Delhi by all leading politicians of major political parties is not properly explained to the people. Although CPN-UML leader Khanal who objected Congress leaders' visit to New Delhi a day before - is now going to New Delhi along with his party general secretary Nepal.

After looking at this entire circumstantial situation, one can guess that something covert and secretive dialogue and negotiations are going on in New Delhi. There is no sense for different political persons of Nepal to go to Delhi for dialogue and negotiations among themselves. One does not know the role of third invisible and undeclared party into that deal.

According to Nepali Congress leader Amod Upadhyay, the visit is no more than a visit for medical check up. "All of them are political figures, they might meet Indian political leaders," said Upadhyaya. Anyway, this kind of visit of politicians to a powerful neighboring country is not without definite meaning.

"The experience of the past creates a reasonable doubt in the minds of people. Perhaps minister Mahara could not betray his conscience and expressed naked fact that internal conflicts of Nepal has shifted decisive power of this country," said the analyst. "Dr. Giri's views have prevailed but in a perverted manner. Now the power is neither with the King nor with the people. It has shifted to a hegemonic center. It is very painful to believe and accept this fact. And now the uphill task for all is to clear the hostility and conflict among ourselves for a broad based national unity based upon widely accepted political process in which all will have fair opportunity to live and let live," said the political analyst.

Source: Spotlight, May, 2007

Reality Check for Nepal - Part-I

Proof by contradiction

Mathematicians often use “proof by contradiction” in order to solve difficult problems that deny straightforward answers. When it is impossible (or too difficult) to directly prove the veracity of a statement, mathematicians tactfully show its opposite to be untrue, thus proving the statement itself to be true. We are witnessing in Nepal today, a similar proof.There were many who decried the alliance between the SPA and the Maoists as “unholy”. There were many who questioned the Maoists’ commitment to “mainstream politics”. But there were more who believed otherwise, and they happened to be the ones with the loudest voice and strongest influence.

This group that controlled the media and so-called “civil society” organizations, along with the political parties, of course, led us into believing that the Maoists were dying to join peaceful, competitive politics while an arrogant and ambitious king was only using them as an excuse to consolidate his own power.If the parties were given a chance to have their way, we were told, they would deliver us a “peaceful solution” to the Maoist insurgency as opposed to the king’s “military solution”. The anti-royal regime fervor had been pumped to such feverish pitch that sensible people couldn’t even demand the bases for such lofty claims from these “peaceful-solution-walahs”.

More than a year has now passed since these “peaceful-solutionists” goaded their fellow countrymen to risk their lives and put the SPA back in the driver’s seat. Time has come around to examine their claims again.Do we have peace now? Is any solution in sight? What have been the achievements of this party-press-civil society-led route to peace (not to mention a “new Nepal”)?Events in the past one year are clearly contradicting their predictions that a “safe-landing” to the Maoists would assure us peace and a better Nepal. By contradiction then, as mathematicians might put it, the opposite (i.e., that the SPA-M alliance was indeed “unholy”, and that the Maoists couldn’t be trusted to enter the “mainstream”), are now being proved true.Let us examine more closely the fallout of the “peaceful-solution” route:

The fallout

An immediate casualty of this misguided effort was the 1990 constitution, a document once hailed as among “the best” in the world. Why anger against a king (who allegedly misused the constitution) had to translate into wholesale bashing and trashing of the constitution itself is a million-dollar question, without an answer.One could hardly come across a better example of “throwing the baby out with the bathwater”. Nonetheless, the swift annulment of the 1990 constitution exposed the dearth of ideas (to solve the insurgency) in the SPA ranks. An agenda that was brought to the fore solely on the point of guns was thoughtlessly accepted as the “only solution”.The fact that to this day, an overwhelming majority of the Nepalese people still don’t know what a constituent assembly is, clearly indicates that this “solution” was mere political expediency, not popular demand. Secondly, given that the 1990 constitution was a document that the SPA had themselves helped create, its unceremonious end exposed our “leaders” faith and conviction in their own words and deeds, and the strength (or rather lack) of their convictions.

As per the Maoists’ wishes, the UN was brought in to help resolve Nepal’s insurgency. While this was in the interests of a “terrorist group” aiming to attain the status of a “rebel force”, it would have been in the interests of all Nepalese too if the UN had been given some teeth.But when after months of waiting we finally learnt of the 10:1 ratio of combatants to arms, we began questioning the efficacy of the much-hyped “arms management” process. And now as we watch a hapless Ian Martin wailing about the stalled arms verification process (and a growling Baburam threatening to throw the UN out), we know definitively that the rebels have outfoxed the "re-instateds." While the Maoists' managed to use the UN gimmick to attain international stature, the SPA has failed to use the same to provide a sense of security to the Nepalese people.

Finally, when the CPA was signed in November, the act of legitimizing the Maoists’ 10-year brutal war— a war originally waged against parliamentary democracy— was completed. In the preamble of this document, the Maoist insurgency is placed as a continuum in the Nepali people’s struggle for freedom since “around 1950”. Hence, a war that was waged against parliamentary democracy, against the 1990 constitution, was allowed to be re-interpreted as a war solely against monarchy and feudalism.By then, of course, the SPA had removed the terrorist tags from the heads of their Maoist compatriots, freed their leaders who had been painstakingly captured by the security forces, and opened up the whole nation for them to carry out their (until then, forbidden) politics. The opposite — enabling the rest of the parties to carry out activities in hitherto forbidden space — on the other hand, has not been fulfilled to this day.

Through the “peaceful-solutionists” the Maoists managed to bag their most elusive and invaluable goal: legitimacy, recognition as an open political party. But what invaluable goal did the SPA wrench off in return?And yet the unconditional give-aways to the Maoists didn’t stop there. Thence forward, they were brought into parliament, an interim constitution formed as per their wishes, and they were even given ministerial berths to run the country. Those people who’d murdered innocent Nepalis, including cadres of the SPA themselves (and who had not garnered any votes of the Nepalese people) were given the privilege of delineating our destinies purely on the strength of their guns. The use of violence for political gain was not only legitimized, but rewarded with a resounding thump.

The result is open for all to see. Every little group—student or trade union, ethnic forum, indigenous group, teachers’, dealers’, drivers’, displaceds’ anybody’s association, is using the same means to achieve their goals.The state lies effete as every interest group uses abhorable, anti-social means to achieve their narrow interests. Faith in industry, discipline, hardwork, fair-play, truth and justice has been smashed to smithereens and ability to exploit the situation to one’s advantage by any means (including violent ones) have been proven as the qualities that succeed. Through all the ups-and-downs of our 240-year history, Nepalese have probably never been more demoralized than we are today. To be sure, we are closer to state-failure today than at any point in our history.

But make no mistake, the confusion, turmoil, uncertainty, anarchy and anomie that exist today are, in reality, a Maoist’s dream. There is room to assert that the Maoists deliberately seek to use this situation to discredit and destroy the parliamentary system in Nepal—their original goal. Through the “peaceful-solution” route the Maoists have achieved what they couldn’t with ten years of armed struggle from the jungles.

Then and now

Without doubt the Maoists have made good of the break offered to them by the “peaceful-solution” beatniks. Compared to where they were in early 2006, they have moved up in leaps and bounds.By early 2006, the PLA had been reduced to a hit-and-run outfit that could only snap at the heels of a strengthening and maturing national army. The Maoists’ money-bags were fast drying up since they’d been swept clean out of the cities, the centers of extortion. A sense of impending defeat, and disillusion with Maoist ideology were leading their guerillas to surrender in hordes.

The impossibility of military takeover and inevitability of the shattering of the PLA changed hardcore believers of armed struggle into pragmatists who latched on to the SPA, their original enemies, for survival. Spurned by the king, and egged on by the “peaceful-solution” idealists the SPA took the bait.The current situation is a stark reversal of fortunes. The Maoist cantonments are over-stuffed with fake recruits, while their guerillas have reincarnated as the YCL. The common Nepali’s tax-money is paying for the sustenance and salary of these fake guerillas while extortions have resumed afresh in the cities.

Fake soldiers in cantonments have become a bigger bargaining chip than guerillas in the jungles could ever be, and what’s more, we, the people, are paying for it! Property seized during the conflict have not been returned to rightful owners, instead Maoists are busy amassing more property – royal, public or private.While arms management was the loudest, clearest call of the Nepalese people before, during and after the Jana Andolan, it is the one demand being pushed off all the time, while Maoists continually obtain whatever they ask for.

Source: Nepali Perspective, May 31, 2007

Shameful act

The act of Indian security forces, which killed a Bhutanese refugee, should be condemned from all sections of society. In fact, the human rights groups must take up this incident seriously and raise it in international forums as it is a crime committed by a so-called largest democratic country, which claims that it honors freedom and people's rights. Unfortunately, the Home Ministry, instead of condemning the killing, asked the refugees to return to UNHCR-administered camps. India blocked the road and imposed a curfew to prevent the refugees from returning to their homeland. Indian security forces acted in tandem with the Druk security forces. Both the Indian and Bhutanese security forces had held meetings last week in Phutsoling and Darjeeling to thwart the refugees' attempt to return to Bhutan. In an attempt to deny them the right to return home, India's border security forces mercilessly killed a refugee and injured scores of others.

On May 29, the Bhutanese refugees were returning to Bhutan to participate in a mock election there. The Druk regime is exercising a mock poll in the run up to a general election slated for early next year. The mockery of such exercise is that Bhutan has been run with the royal edicts. Holding such elections, in other words, is mocking democratic values. Has a country ruled by a tin-pot dictator ever become democratic? India should know it well that it has dishonored the rights of the refugees. India's pet regime has evicted hundreds of thousands of its citizens forcibly. India has protected the tin-pot dictator, who has adopted a policy of ethnic cleansing. And this was not the first incident of killing a refugee. Earlier, Indian armed forces killed a refugee who had crossed the Nepal-India border to participate in a protest rally. Since 1994, India has denied the Bhutanese refugees to hold any sort of protest programs within its territory.

In 1991, Bhutan forcibly evicted the Lhotshampas. They were ferried by West Bengal Police and dumped into the Nepali territory. India, since then, has brushed aside the refugee problem citing it as a bilateral issue, siding with the tin-pot dictator. It was a naked crime and a sheer attempt to deny the refugees' right to return home. It is very sad that Nepal has always pushed the refugee issue to the backburner. The third-country resettlement plan will not prevent the Druk dictator from evicting the people of Nepali origin so long as India protects the tin-pot dictator and encourages him to intensify the “ethnic cleansing” drive. What the people of Bhutan need is international support for the fight against the Druk dictator. So, India ought to allow the refugees to participate in the elections slated for early next year in Bhutan.

Source: The Kathmandu Post, May 31, 2007

Reorienting foreign policy priorities

Sushil K Lamsal

Foreign policy is a mixture of continuity and change. Experience stresses the importance of keeping the country focused on its own agenda in order to avoid costly aberrations and embarrassing mistakes. It might be instructive to note what went wrong in the previous years. First, there was no evidence that foreign policy was a priority of the government. Second, the weakness of Foreign Service professionals and ineptitude of political leadership resulted in the defeat of Nepal in the election to a non-permanent seat in the Security Council. Third, the country lost enormous opportunities.

There is thus a need to chart a new direction in Nepal’s strategic vision, mission and plans.The government would do well to fill the diplomatic vacancies soon. On the one hand, Nepal needs to convince the international community that the peace process is irreversible and that it needs greater support from them than before to make peace permanent. Obviously, Nepal’s diplomacy should be aimed at retaining and if possible increasing the official development assistance from foreign countries and to narrow the gap between commitment and disbursement. On the other hand, if the peace process breaks down, the country will plunge into chaos, perhaps inviting foreign role in restoring order.

The diplomatic machinery needs to be revamped, too. A separate, professional diplomatic service with suitable incentive packages to attract the talented youth might be a step in the right direction. Foreign policy should be geared towards taking full advantage of economic opportunities and minimising the negative effects of globalisation.It is advisable for Nepal to focus on bilateral ties with its immediate neighbours. Though a renewed focus on Nepal-India and Nepal-China relations does not necessarily mean a reduced role in regional forums like SAARC and BIMSTEC, uninformed decision to join multilateral organisations like the Shanghai Cooperation Organisation will do the country more harm than good. Nepal indeed has few alternatives to comprehensive, forward-looking and interactive relationships with its two neighbours based on two-way economic linkages.

Stress is also being placed on foreign employment. While remittances may help keep macro-economic variables in shape, foreign employment is no answer to domestic unemployment.In the short-term, our foreign policy goal will mean that the Labour Ministry does not make a mess of the Korean offer of providing annual employment for 5,000 Nepalis in South Korea. Equally important is bilateral MoUs on labour with Malaysia, Gulf countries and Israel. Besides, opening embassies in labour-importing countries shows how the fundamentals of foreign policy have changed. While critics argue that economic diplomacy is redundant, the economic dimension of diplomacy has lately acquired great significance. Hence, it is in keeping with the changed realities that Nepal’s foreign policy priorities should be reoriented.

Source: The Himalayan Times, May 31, 2007

TAAN's Woes

MINISTER for Culture, Tourism and Civil Aviation Prithivi Subba Gurung has given assurances that the government would implement the Trekking Registration Certificate (TRC) system in the near future to ease problems in the trekking sector and support the trekking agents. Speaking at a function organised by the Trekking Agents' Association of Nepal in Kathmandu on Tuesday, Minister Gurung said that as trekking was an important part of the tourism industry, the government had been working towards further developing and promoting this sector. Trekking is one of the important sectors of the tourism industry. Nepal's tourism industry boomed in the past because of adventure sports like mountaineering, trekking, rafting and others. The share of trekking business in the overall tourism industry is bigger than the other sectors. Many tourists come to Nepal for the thrill adventure tourism provides. Most of the tourists who visit Nepal do not miss trekking. Nepal has a difficult terrain and pristine nature. The foreigners want to see the natural beauty of Nepal. Thus, they go trekking, which provides them opportunities not only to enjoy the nature but also understand the Nepalese people and their unique culture. Although small in size, Nepal is rich in natural and cultural diversity, which has attracted many foreigners.

Tourism is the backbone of the Nepalese economy. The role of tourism in the Nepalese economy is very important. Be it in earning foreign currency or providing employment, the place of the tourism industry is vital. But the tourism industry suffered a big setback in the past due to the political unrest, instability and conflict. After the restoration of peace and democracy in the country, the tourism industry has started picking up. This is a matter of satisfaction for all. However, this sector is yet to fully recover. Nepal's tourism industry shows great potential. Thus, necessary attention and priority must be given for the development and promotion of this sector. Adventure tourism like trekking has an important place in this industry. However, the trekking business has also suffered from various problems. Those involved in the trekking business have demanded that the government take necessary steps to further develop the trekking sector. Considering the demand and concern of the trekking agents, the government has taken some measures towards this end. One of the demands of the trekking agents is the implementation of the trekking registration certificate. The minister has assured TAAN of early implementation of this system, which is expected to address many of the problems facing the trekking agents in Nepal.

Source: The Rising Nepal, May 31, 2007

Enhance Autonomy

Minister of Local Development Dev Prasad Gurung has stressed on strengthening the autonomy of the local bodies to make service delivery reliable and effective. Speaking at a programme organised by the Kathmandu Metropolitan Corporation on Tuesday, Minister Gurung pointed out that since the local bodies worked closely with the people, the role of local institutions should be made more relevant and stronger to enhance local democracy and development. Referring to new kinds of challenges faced by the municipalities due to urbanisation and unplanned settlement, Minister Gurung emphasised on the need to enact new laws consistent with contemporary social requirements and emerging challenges. As outlined by Minister Gurung, the interim constitution has given proper recognition to the instrumentality of the local bodies for strengthening local democracy and peace.

It is, therefore, incumbent upon the present government to assure that the provision relating to local government is implemented. Similarly, as people are heaving a sigh of relief due to the evolving peace in the country, the local bodies should take special note regarding development projects in congruence with the local needs and demands. The incomplete development projects for different reasons in the past should be completed without incurring any delays. However, it is worrying to note that the local government staff have not been able to operate in some parts of the country. Besides the inherent technical and institutional problems hampering the performance of the local bodies, some terror groups have intimidated the people and presented obstacles in their functioning. The government should be serious enough to ensure that the law and order situation is maintained properly and the local bodies are allowed to operate without any disturbances. Moreover, as required by the interim constitution, an all-party political mechanism should be established in the local bodies to ensure that local democracy starts functioning smoothly. Unless the local bodies are based on democratic values and deliver services appropriately, it is difficult to cater to the aspirations of the people.

Source: The Rising Nepal, May 31, 2007

Growing Insurgency In South Asia

Dr. Trilochan Upreti

The South Asian Association for Regional Co-operation (SAARC) is one of the poorest regions in the world. Inhabited by 25 per cent of the global population, the region exhibits, perhaps, the most disproportionate gap between the haves and have-nots as far as income is concerned.

Infuriated by such discrimination and the wide gap in incomes and opportunities, insurgencies against the status quo has become a common phenomenon in the entire region, and no nation has remained unaffected by the effect.Hot spotsNepal witnessed a terrible insurgency unleashed by the Maoists for over a decade. It claimed the lives of more than 13,000 people and destroyed property worth billions of rupees. At the moment, the problem is being sorted out by bringing the Maoists into mainstream politics and accommodating them in the parliament and the government following the conclusion of a 12-point agreement and a comprehensive peace accord between the Maoists and the Seven Party Alliance. However, the peace process has been witnessing several upheavals and twists and turns. The common agenda of all the political parties in Nepal is holding the constituent assembly (CA) polls, but whether it will be held remains a big question. The consequence of the insurgency has been suicidal for the economic development of Nepal, which has pushed the country back by at least 30 years in terms of stability and prosperity.In India, the far eastern region of Assam, Meghalaya and Manipur and Kashmir have been hot spots where an insurgency has been brewing for quite some time.

The problem of Punjab was thought settled forever, but it appears that there have been recent efforts in the United Kingdom to revive the Khalistan movement. A conference at a Gurudwara in Birmingham sought to revive the Khalistan movement and brought together secessionists from Nagaland, Kashmir and Assam on the same platform.It was supported by a member of the British House of Lords, Nazir Ahmad, and also a member of the British House of Commons, Khalid Mehmood, who endorsed the struggle for Khalistan. They spoke of the people's right to self-determination in other parts of India, including Kashmir. Various Sikh organisations operating from the UK and leaders like Jagjit Singh, among others, had participated in this meeting in which the message of Mr. Muivah was read out by the organisers. Besides, India has been engaged in a long dispute and insurgency in Kashmir and in the eastern states of Assam and Meghalaya. India spends heavily on the military trying to contain the insurgency, which again occupies a good deal of the government's time. If the money spent on the military in these states were to be spent on development activities, they might have achieved a lot more progress and stability. India has fought two wars with Pakistan over Kashmir and Bangladesh, and tensions continue to surface from time to time, which is a setback to economic activities.

India has become the largest arms importer in the developing world. It spent as much as IRs 44,009 crore (around $ 10.5 billion) on importing military hardware and software in the past three years.One can find the Singhbahini and Chakma insurgencies in Bangladesh, which are seeking independence. This has led to a resources crunch in the already poverty-stricken country. Apart from this, the increasing influence of the fundamentalists and their activities have become a major obstacle for stability and economic development of Bangladesh, where the gap between the haves and have-nots is increasing rapidly.Bhutan is also on the brink of a civil war. If the Druk regime fails to understand the sensitivity of the refugee problem and strive for a timely and fair resolution, then it is certain to be entrapped in a long civil war. That is bound to happen because the regime, rather than attempting to resolve the problem sincerely, is trying to expel more people from its territory. The Druk regime is buoyed by the American Government's decision to settle the Bhutanese refugees, who have been languishing in Nepalese camps, in the United States. Some other developed countries have also shown their interest in settling the refugees. The international community has failed miserably in preventing the exodus of refugees following a campaign of ethnic cleansing carried out systematically by the Bhutanese regime.

It is shameful for a country like India, which is referred to as a regional power aspiring for permanent membership of the UN Security Council and likes to be called the biggest democracy of this globe, to be supporting such atrocities of Bhutan. Pakistan has been suffering from the independence campaign emerging in the provinces of Sind and the North East Frontier.

A major problem is the fair allocation of water resources of the Indus basin. At the moment, there is complaint that Punjab has deprived Sind of its appropriate share of water and is destroying its agriculture. The border area with Afghanistan has always been a problem not only for Pakistan but the world community as well. It is strongly believed that the leader of Al Qaeda is hiding inside the difficult hilly terrain of Pakistan.Sri Lanka has suffered heavily from the civil war for the last 20 years, in which more than 70,000 people have been killed.

Its economy would have obtained near developed status had there been no civil war during this period. Maldives remains disturbed for the establishment of democracy. The democrats and government supporters have been fighting one another for several years. A few years ago, a group of mercenaries carried out a coup, in which the government of India protected the regime by sending its military to Male and defeating the mercenaries.Economic developmentThe south Asian nations need to find out why insurgencies are breaking out and accordingly sort out the problems and move forward for economic development. They can no longer afford to lose time, money and resources fighting their own people. They need rather to focus on development and make their lives prosperous. Otherwise, the region will be left far behind.

Source: The Rising Nepal, May 31 , 2007

Maoist Mayhem : Enough is Enough

Shashi P.B.B. Malla & Chandra Bahadur Parbate

The Maoists are bent on pushing through their own political agenda - at the expense of social peace. At the cost of nearly 8 million school pupils all over the country, they have enforced the indefinite closure of all schools to force the government, of which they are a part, to accept pay parity. Being communist, they cannot understand the lack of economic rationale in their actions, but it is deeply deplorable that they are willing to push through their misguided ideology at the expense of students.

However, the Maoists' student wing and their affiliated teachers' unions care a damn neither about the future of the students, nor their parents. Since the Maoist leaders' children are safely ensconced in posh private schools in India and abroad, they, of course, have no cause to bother about conditions here. They have not cared about the life and limb of others, so that they are not concerned at all about this being a blatant violation of fundamental rights should not come as a surprise.

As usual, national and international human rights groups that were so vociferous during the royal regime are silent. Thanks to the other seven sleeping partners in the 8-party tyranny of Loktantra, the Maoists are able, on the one hand, to give the impression of being an integral part of the political mainstream, and on the other, of acting as a violent opposition. In their latter function, they remain the minions of terror.

At the cost of regular administrative work and genuine negotiations with the Madhesis of the southern Terai, the constituents of the government are involved in marathon parleys among themselves! "The Kathmandu Post" proclaims: "Parties striving, making progress". What exactly are they striving towards and in what areas have they made progress? Home Minister, Krishna Prasad Sitaula who up to now has shown no inclination to confront the Maoists with regard to their continued atrocities, had announced last Saturday that the government would get 'tougher' with various 'armed groups' that have been involved in violent activities across the country. Without being specific as to what action will be taken and which 'groups' will be on the receiving end of this 'tough action'. This is empty bluster. Further, it is simply not the case that Sitaula, or the police force that he heads have been tough with such groups; therefore, getting 'tougher' is pure nonsense. Lastly, it is highly doubtful that his dire warning will also be applied to the Maoists, specifically the Young Communist League (YCL). The latter will likely not be dismayed by this hollow threat.

On Saturday, Maoist boss Prachanda issued a stern warning that they would call a nationwide general strike if the question of the Maoist camps was not resolved soonest. More or less promptly, it was announced that Nepal's government would pay an allowance to Maoist combatants and improve conditions in the camps housing them. Junior Labour minister Ramesh Lekhak advised that the government had decided "to give them (the combatants) Rs. 3000 as monthly allowance." He continued that the living conditions in the camps would also be improved. In turn, Maoist leader Ananta advised that the Maoists would now allow the UN to verify if the cantoned fighters had children in their ranks. While at first sight, this may seem like a gridlock being resolved, at a second glance this looks highly irregular at best.

Firstly, it should not be forgotten that thousands of so-called 'Maoist fighters' and child soldiers have been smuggled into the camps and are masquerading as combatants. Without the process of verification being completed payment should be out of the question.
Secondly, the amount to be paid seems rather high. At the lowest rung of the earning ladder, the toiling labourers who break stones, barely earn Rs. 100 per day. A soldier serving his country with distinction through thick and thin just earns Rs. 3 600 per month in basic pay. And now Maoist combatants are paid for - for what?

Thirdly, as a question of principle, on what grounds should combatants that are perceived as terrorists by a major portion of the population and responsible for the deaths of over 15000 innocent countrymen be rewarded? While steps towards national reconciliation no doubt will require arrangements (also of a pecuniary nature) for them, this seems premature at this time. The conduct of sister organizations such as the YCL does not warrant the conclusion that the Maoists have mended their ways.Fourthly, let us not forget that thus far the current government outrageously has ignored the plight of internally displaced persons (24 000 in the Kathmandu Valley alone). The Maoists have not even begun to honour their commitments towards the people they made refugees, and even worse, they remain vulnerable to Maoist thugs. If the provisioning of Maoist combatants is to be seen as a gesture of national reconciliation, then efforts in addressing the issues of internally displaced persons are sorely lacking. Neither the UN Office of the High Commissioner for Human Rights in Nepal nor the national human rights groups are able or willing to push the internally displaced persons issue. So as a bottom line, the Maoists have once again managed to get what they wanted without having to put their mouth where their money is.

The Maoists are clearly the dominating force in the current political scenario. The CPN-United Marxists-Leninists, Madhav Kumar Nepal conceded last week that relations between the governing eight political parties were "cold" and put forward a 5-point formula to end the deadlock. His magic formula to solve contentious issues by consensus: a common stance on monarchy (meaning immediate proclamation of a republic without the working of the constituent assembly), finding ways to return property and land seized by the Maoists (this should be straightforward enough by taking strong and necessary action), ending the parallel government of the Maoists (this should have been a pre-condition to further consessions), announcing a definite date for the CA-elections (the dilly-dallying is incomprehensible for the common man), and introduction of a system of proportional representation (actually this should be within the purview of the future CA).

Since the government is unwilling or unable to bring the Maoists to order, and the communist leader's speculations has inherent defects, his formula is not likely to amount to much. Moreover, Maoist minister for Forests and Soil Conservation, Matrika Prasad Yadav, has already forewarned that his party would disrupt cabinet meetings, if the date for CA-polls were not announced soon.
In his new avatar as 'democrat' this same minister last week lashed out against the United States in general for still retaining the epithet "terrorists" with regard to the Maoists, and ambassador James F. Moriarty in particular for violating diplomatic norms by commenting on political developments here, specifically the Maoist participation in the government. Moriarty's harsh critique of the royal regime has conveniently been forgotten. In the era of globalization, nothing is strictly an 'internal matter'. Furthermore, the Maoists' international nexus is also a factor in the worldwide war on terrorism. Do they also object to the forthcoming visit of former US president Jimmy Carter (from the Carter Centre, and not someone likely to mince his words) and his objective in playing a facilitating role in the run-up to the CA-elections?

If the Maoists want to be accepted nationally and internationally, then they have to move within the parameters of truly democratic and good governance - but up to now they have shown no inclination to do that. Another Maoist, Minister for Physical Planning and Works, Ms. Hisila Yami-Bhattarai has fouled up international development efforts by adopting an arrogant and hardline attitude towards the Asian Development Bank with regard to the Melamchi Drinking Water Project, which now has been put on ice. For the Maoists, ideology has primacy over national interests.
In such an atmosphere of distrust, non-coherence and lack of discipline, orderly and good governance cannot be expected. Near chaotic conditions prevail. The interim legislature has not been able to reconvene amidst continuous disruptions and boycotts - by the government parties themselves. However, leaders of the 8-party government tirelessly extol their unity and stress that without it the country would go to the dogs! In the meantime, Prachanda has issued another warning that so long as the King remains, CA-polls would not be possible at all. This has been elevated to an ideological condition with no room for compromise.

The NC is in a major fix. Koirala made the feeble attempt to wriggle out of the hopeless situation by declaring that the monarchy in essence has already died, and that it is no use flogging a dead horse. This is wishful thinking on his part; he has been effectively cornered between the Maoists and the Army, both of whom he distrusts vehemently. The communist boss, M.K. Nepal recently made the weird suggestion that the Maoist fighters be integrated into the security forces - of course, with the express aim to further weaken the latter.

Source: News Blaze, May 29, 2007