State of the nation : Looking ahead to CA polls

Ajit NS Thapa


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

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

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

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

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

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

Source: The Himalayan Times, August 17, 2007

Uneasy marriage

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

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

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

Source: The Himalayan Times, August 14, 2007

Maoist's Approach and the Constituent Assembly Election

Vikram Singh Basnyat

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

Deserting the cantonment

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

Young Communist League (YCL) and the activities:

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

Use of a Democratic face

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

Diplomatic Community

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

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

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

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

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

Conclusion

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

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

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

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

Source: Media for Freedom, August 5, 2007

Creation Of Election Atmosphere

Narayan Prasad Wagle

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

Monarchy

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

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

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

Security

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

Source: The Rising Nepal, August 14, 2007

Prachanda's Pronouncement

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

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

Source: The Rising Nepal, August 14, 2007

Nepal’s Violent History Brushed Under the Carpet

Arati Singh

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

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

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

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

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

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

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

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

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

Source: The American Chronicle, August 13, 2007

Nepal's Ex-Rebels Threaten to Quit Govt

BINAJ GURUBACHARYA

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

Source: The Washington Post, August 13, 2007

Poor side of you

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

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

Source: The Himalayan Times, August 13, 2007

State Of Impunity Must End

Narayan Upadhyay

After a pro-tracted wait, the Krishna Jung Rayamajhi Commission Report was made public through the Legislature Parliament. Completed some eight months ago, the report has now put to an end the lingering suspicion whether the recommendations made in the report would be implemented in true spirit.

The commission completed its report after undertaking gruelling investigation, interrogations, and grilling of people accused of having used excessive force, abused positions and misused state coffers in their attempt to trample the Janandolan-II. As the movement picked, the then administration used all the state machinery to an unwarranted degree to quell the popular uprising, killing about 26 people, maiming and injuring thousands.The longer-than-expected delay in bringing the report in the open had also made the government a suspect in the eyes of the people. The government drew massive flak for showing reluctance to mete out punishment to 201 indicted persons as per the recommendations of the 1148-page report. Among the indicted, 35 were the members of from the council of ministers headed by none other than the King Gyanendra, five were the regional administrators, 13 zonal administrators, 115 security personnel from the police, army and armed police forces. A cursory glance at the report makes it clear that the Rayamajhi Commission has suggested taking action against the accused under four categories in accordance with the existing civil code, civil service, military and police acts and accused should be tried for various crimes ranging from the murder of pro-democracy protestors to abuse of authority and corruption. The report has also recommended for the departmental action for few accused. The most important part of the report is that it has suggested the government to enact new laws to punish many of the accused including, vice presidents and ministers of the King led- council of ministers, army top brasses, King’s advisors and many supporters who played vital role to crush the movement.

But the report has had its share of controversies. After the presentation of the report, conflicting statements have been made from the senior members of the government. Many legislators rapped the report for not including the King as the recipient of punishment. The Home Minister said that those accused in the report had already been penalized in one way or other while many believe that the punishment meted out to the accused is just a rap on their knuckles. Even the commissioner Rayamajhi himself said that the government had failed to take action against accused as per the words and spirit of the recommendations. All these statements help arouse lots of suspicion on the part of the government which was accused of dilly-dallying in implementing the recommendations.The long reigning trepidation among the Nepali people that the recommendations conclusions made by any commission set up to investigate into some atrocities, corruption, crimes and accidents are not implemented has been justified on many occasions. Governments when they come to the helm through some revolutions or movements tend to forget or try to tone down the severity of punishments sought in the commission findings. Not long ago, ditto had happened when the people of the nation had fought to restore democracy in 1991. The then government had formed a commission, known as the Mallik Commission, to investigate and then incriminate the people involved in making atrocities against the leaders, activists and supporters of the different political parties participating in the popular people’s movement. The government that was formed just after the restoration of democracy not only failed to action against the people indicted in the Mallik report, but also allowed all of them to participate in politics and take benefits from the various public positions.

The leniency of the then government saw many of the Panchayat followers, indicted by the Mallik Commission, riding to powerful and important ministerial portfolios in later years. But with the presentation of the Rayamajhi Commission report at the Legislature Parliament, a place for the people’s representatives, the days of the state of impunity that has tarnished the Nepali politics, bureaucracy and society as a whole for long are numbered now. The government is under duress to take action against the wrong-doers in accordance with the commission report. The task for the government in taking action seems to be easier now because the government has all the support from every quarter to prosecute the accused. If the present eight-party alliance government was to augment its image, then it must aim to fulfill the people’s aspirations and restore people’s faith on it. Now the government must take a quick and positive move so that it can implement the recommendation in true democratic manner. This is necessary to spread the message among the masses that the government really cares for the rule of law and the protection of people’s human rights. In the past, the many corruption tainted leaders, bureaucrats and civil servants walked freely taking advantage of their clout over the nation’s politics, bureaucracy.

Now, as the Rayamajhi Commission report has come into the open, the eight-party government must not allow persons accused of subverting people’s love and aspiration for democracy and the violators of the human rights roam scot-free. They must be penalized as suitably as suggested in the report.

Source: The Himalayan Times, August 13, 2007

CA Polls: High Demands

Prem N. Kakkar

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

Sacrifices

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

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

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

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

Source: The Rising Nepal, August 10, 2007

Maoist Plenum : Unity To Continue

Vijaya Chalise

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

Republican demand

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

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

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

Source: The Rising Nepal, August 10, 2007

Don't Dissociate

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

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

Source: The Rising Nepal, August 8, 2007

Immature democracy : What good will it do?

Ganga Thapa

A clear preference for democracy is evident in its acceptance and expansion around the world. While democracy is a multi-faceted concept, sovereignty calls for competent citizenry, responsible state and proper resource allocation mechanisms. Following the April revolution, concern for legitimacy, accountability and participation in the democratic process is gaining ground, but there has been no compatible progress on the democratic front, or in political and institutional reforms to increase direct participation of citizens in policy and decision-making process. Even positive aspects of the democratic process have been undermined by party leadership.

Strengthening democracy entails going through a long and complex process of building state institutions. Democracy, by its nature, is supposed to reflect disagreements and conflicts. But the failure to develop a conceptual framework for citizen participation by institutionalising ties between state and non-state actors has left Nepal with “partial” or “undemocratic delegative democracy”, particularly in the absence of actors who can transform policies and institutions into political resources.

Nonetheless, Nepal has never enjoyed Nonetheless, Nepal has never enjoyed quality governance, which consists of three dimensions: system persistence, inclusiveness and effectiveness. An accountable government responsive to its citizens can be set up through electoral process; its absence only exacerbates the lack of adequate institutions, excessive legislation and formalities, patron-client nexus, and other cultural bottlenecks and characteristics.Democracy leads towards inclusion, enabling citizens to participate directly and indirectly. By any measure, people now have an opportunity to engage in a constitutional mechanism which can dampen aristocratic values and discriminatory social practices with distinctive changes in ground rules. This should be done to make the mechanism vastly different from the old ‘stakeholder democracy’.

In the absence of strong state structures, social constructivist understanding and institutional credibility, democracy post-royal regime has at best been a mixed blessing. Some believe that democracy in an ethnically diverse society can indeed be fostered by broad-based, aggregative and multiethnic political parties. But the fragile institutions of political parties are endangered by excessive clout of their leadership. As a result, they are not successful in bringing about attitudinal and behavioural changes among the people. The issues of power, politics and ground realities can be comprehended by the way the electoral process is progressing. Democratic ideal is essentially about a core set of values such as political autonomy, equality of interests and reciprocity. Although the quest for freedom is universal, it is not the top priority when people have to fear for their very survival.It is too early to draw conclusions on long-term effects of the CA elections. If it acts as an instrument of democracy and can help institutionalise peace and democracy, it can be assumed that there is a link between citizens’ choice and their participation in policy making. Even if the CA polls succeed in achieving and maintaining peace, its ultimate outcome would not be evident until second or third general elections under a new system. Free elections are a prerequisite for instituting legitimate power flows and making the state adhere to the rule of law. This will, in turn, bolster state capabilities through administration, market and civil society and permit broad participation. These three sectors are crucial to building sustainable political and economic networks that help shape the state and enhance justice and political legitimacy.

While there is no consensus on what constitutes free and fair elections, Mackenzie puts forward four prerequisites: a) independent judiciary to interpret electoral laws, b) competent and non-partisan administration to conduct elections, c) well organised political parties that can present their policies, traditions and candidates before the voters and d) general acceptance of rules of the game. Many have argued that in addition to free and fair election and counting, the political parties must get an opportunity to compete on equal footing, all people should have equitable access to media, political environment must be free of intimidation, and public grievances must be settled promptly and justly. Another key element is monitoring of elections by national and international observers who can play a significant role in boosting public confidence in democratic transition.Consensus should not only be directed at acquiring political goals. CA elections must be viewed as an instrument of citizens’ influence associated with a vision for building legitimate political system rather than to reward or punish incumbents. Until the old structures that reward vested interests are dismantled and replaced by new ones, neither a “democratic society” nor “free and fair elections” can be realised.

Source: The Himalayan Times, August 8, 2007

Patience And Consideration

The government is engaged in holding talks with different groups from the Terai to take stock of their demands and address their concerns through legitimate means and mechanism. In the same way, several rounds of talks have already been clinched with groups from other areas and regions to settle the impending issues and assuage their feelings and concerns. Though some issues are yet to be thrashed out properly, the government is keeping open rightfully the channels of communication with representatives of the indigenous nationalities, and it is hoped that their conditions and concerns would be given due and patient hearing on the part of the government. The talks with the Madhesi People's Rights Forum have, however, received the media spotlight because of the fact that the Terai issue is billed to be more serious and seminal. The government has already discussed the pertinent issues with the Forum for the fourth time, but principal subjects are yet to be settled and sorted out.

The major demands of the Forum include a federal state structure with regional autonomy, proportional polling system, determination of electoral constituencies based on population and proportionate participation of the Madhesi people and others in organs of the state. Earlier the Forum has also been demanding the dissolution of the interim parliament and formation of the caretaker government to hold polls to the constituent assembly. As the government is strengthening the talks team by including leaders from the major political parties, including the CPN (M), it is expected that the talks could be finalised with agreement on substantive issues soon. As the polls to the constituent assembly are drawing closer, and the Election Commission is making all preparations for holding it successfully, any delay would disturb the poll schedule announced formally in line with the second amendment to the Interim Constitution. No groups should, therefore, create any pretences and obstacles to hurt the process of holding the polls to the constituent assembly. As concerns of all the groups can be addressed after the polls to the constituent assembly is conducted, the agitating groups should be patient and considerate enough and negotiate successfully with the government.

Source: The Rising Nepal, August 7, 2007

Snarling Domestic Politics : Need Of All Inclusive Approach

Madhavji Shrestha

Obviously, Nepal's political process of democratisation is passing through a critical transitional phase from the old order to a newer one. Accumulation of problems, both at the national and local level, is on the increase. The time available for holding the election to the constituent assembly is now less than four months. Given the real achievement the interim government has made in the past four months, it appears that the government will be able to hold the election only if it can work on a war footing.

Lack of accomplishmentUntil the completion of the election in a. credible manner, other problems of various dimensions are bound to remain unaddressed. Considering the performance of the government in the past 15 months, most commitments in word are either being long delayed or not started at all, clearly showing a lack of accomplishment. As of now, the targeted political destination still seems miles away from realisation.In the wake of the resounding success of the people's movement of April 2006, the inflow of external support and sympathy from the international community for the democratisation process is indeed appreciable. However, the government that includes the Maoists has been unable to capitalise on the positive encouragement to move ahead on the democratisation process. The political parties with the state machinery in their hands are grappling with the political problem of how to go further with the coalitional politics so as to bring good prospects for the people long suffering from socio-economic degradation and isolation caused by political instability. This is one of the core issues to be taken up with regard to the approach of the official policy by the interim government. The appropriate step, if undertaken with a true coalitional spirit at heart by the politicians, would eliminate the hurdles and introduce a new and broad chapter in the Nepali political landscape. Had coalitional politics at the government level worked in a proper direction as expected by the common people, the Nepali society would have experienced the steady emergence of the consociational political system, which is characterised by an equitable participation of various ethnic, cultural and linguistic groups spread across the country. Such a political process, if genuinely practised, might have heralded both accommodative and associative democracy.

We find very good examples of consociational democracy in Belgium, the Netherlands and, particularly, in Switzerland. These European countries have a social fabric that is of a multi-composite nature. However, it is the incomparable genius of politicians and statesmen of these countries that they could invent and put into practice consociational democracy that has been highly successful in ensuring that the coalitional government runs the administration satisfactorily. In reality, accommodative democracy guarantees the sharing of the political power by various multi-ethnic groups, and associative democracy facilitates in sharing the economic growth in a justifiable way. Unfortunately in Nepal, political developments are heading toward digression, if not yet deteriorating irreparably, because most of the political parties are headed and directed by the elite class, which by tradition does not genuinely represent the desire and need of the people at the grass root. Nor is there any likelihood in the near future of a political and governmental leadership surfacing that can reflect the highly composite social structure of the country. We have at least 60 ethnic groups that are sub-divided into several sub groups and mini clusters of people spread all over the country. Many of these groups have remained outside the purview of the modern system of administration and political democracy. The massive participation in the political revolution of April 2006 by the people of various walks and strata of life has opened the floodgates of political awareness and consciousness about political rights.

In the immediate aftermath of the people's movement last year, the common people's expectations have risen greatly for building democracy in the newly emerging society. Some political measures of historical significance have already been rooted. However, these politically inspired actions have yet to be effectively implemented for a democratic process advancing in a proper direction. Political observers point out the inherent weakness of the eight political parties and the interim government in introducing a political culture of working together to translate their commitments into accomplishments. This core need is visibly lacking in them. This immeasurable lacuna has made the country and people pay dearly at the cost of building a democratic society.Its direct consequence implies that the country is now fast moving towards ethnicity building instead of democracy building. True, ethnicity building is also not an undesirable development to look at, if not accompanied by violence. Each ethnic group needs to enjoy freedom and liberty in a congenial atmosphere inspired and characterised by democratic ideals and actions. However, the recently emerging reality points to the other side of development with no indication of a quick solution appearing in the scene. Currently, the Terai belt is in flames, the indigenous nationalities are making vociferous protests and other dissenting segments of the society are wrecking havoc. Constituent assembly electionThe failure to complete the promised election on the scheduled date would unquestionably prove the gross inability and incompetence of the leaders of the interim government led by the eight political parties. These politicians must come out of their political cocoon much dotted by their pre-conceived notion of political belief and behaviour if they are true to the democratic spirit of pluralism.

Source: The Rising Nepal, August 7, 2007

UN role in Nepal dubious

Sandhya Jain

Throughout 1945 and 1946, Britain, the Netherlands and Australia, as occupational forces in Indonesia, sought to reverse Indonesian independence and revert it to Netherlands’ colonial control.

It is strange that all Indian discourse on Nepal avoids scrutiny of the role the West is playing through the auspices of the United Nations Political Mission in Nepal (UNMIN), established vide Security Council resolution 1740 (2007). Recent visitors to the country speak of the Terai disturbances, the growing extortion and lawlessness of Maoist cadres, the rising hills-plains divide, and the danger that elections scheduled for November 22 may be cancelled on some pretext. Some have taken note of the mushrooming growth of dance bars as the only means of income in a stagnant economy. Yet they seem unaware of the growing hatred of UN Mission staff as local citizens witness their flamboyant life styles, suffer their arrogance, and see no beneficial result of their presence in the country. The UNMIN was set up for one year at the request of the Nepalese Government and the Communist Party of Nepal (Maoist) to help implement the 2006 Comprehensive Peace Agreement, monitor the ceasefire, and assist in the election of a new Constituent Assembly.

What most Indian analysts fail to realise, however, is that UNMIN is not an ordinary peace-keeping force, but a Political Mission. Only an absolute abdication of responsibility could have let the Sonia Gandhi-dominated UPA regime acquiesce in the arrival of the Mission to determine events in a country that lies in India’s natural sphere of influence. It is well known that India’s sad experience with UN officials in Kashmir compelled her to seek friendly ties with the Soviet Union so as to procure the Soviet veto against Western unilateralism in the Security Council. A more telling example of what the UN can do to non-Western nations can be seen in the case of Indonesia, one of its worst victims. The UN was set up in 1945 ostensibly to save the globe from future world wars; uphold fundamental human rights and the equal rights of nations regardless of size, among others. Yet its founding members, Britain, Australia and the Netherlands, were the principal wreckers of Indonesian independence. Throughout 1945 and 1946, Britain, the Netherlands and Australia, as occupational forces in Indonesia, sought to reverse Indonesian independence and revert it to Netherlands’ colonial control. The UN ignored this brazen violation of its Charter. In 1947, after two years of atrocities by the occupation forces against the Indonesian people, the Security Council merely called for a cease-fire on August 1, 1947. In an unpublished paper, public opinions activist Ms. Radha Rajan points out, the UN failed to declare the continuing presence of the Dutch in Indonesia or of the British in the Malay province (British Malaya) as illegal and violative of the Charter. The call for cease-fire suggested that Indonesia was a party to the hostilities, rather than an victim of continued western and colonial aggression. UN did not direct the Netherlands to withdraw from Indonesia, or UK to quit British Malaya. Instead, UN set up a “Good Offices Commission” in October 1947 to work out a ‘settlement’ in Indonesia. This naturally made the Netherlands a legitimate party in the negotiations, thereby legitimising colonialism and the refusal of European powers to withdraw unconditionally from their colonies.

In the context of Nepal, it bears mentioning that India can ignore the political activities of the UN Political Mission only at its own peril. The grim reality of Nepal today is that violence and lawlessness are increasing daily and Maoist cadres are flush with funds. Some of the funds can be explained in terms of government grants under the ceasefire, and extravagant extractions from businessmen and traders. It is my understanding, however, that these sources are being used as a ‘cover’ to shield the fact that the Maoists are being funded by external forces with a view to secure an anti-India and anti-China foothold in the region. Nothing else can explain the truth that under UNMIN auspices, Nepal is daily moving further away from the possibility of elections for a new Constituent Assembly. Instead, Maoists are trying to force the unelected coalition government to declare a Republic and dethrone the monarchy. Reports from hitherto reliable sources suggest certain Madhesi leaders of the Terai are being wooed and offered representation in the current makeshift Parliament. Should they agree, this would be unilaterally converted into a Constituent Assembly (again unelected), and this will proceed to declare a Republic, despite the growing public sentiment that the King represents the nation’s continuity with its Hindu civilisation and culture. Observers to the mountain country also say that the Maoists appear to have access to weaponry which has not been accounted for (there are districts that neither the government nor the UNMIN can enter). It is feared that if the scheduled elections are actually held, they may be violent and of doubtful fairness. UNMIN appears blissfully unaware of this reality, which is very suspicious.

New Delhi would do well to take a fresh shock of events in the Himalayan kingdom, rather than accept the prevailing rhetoric as truth. For instance, it is said that a ‘people’s movement’ brought about the brief period of ‘democratic’ rule in Nepal in April 1990. Yet with hindsight, this seems to have been an orchestrated preamble to a more violent movement by the Communist Party of Nepal (Maoist), which launched an insurgency in 1996 because the various political parties simply failed to unite and give the country stable governance. The Maoists launched a decade of armed conflict during which thousands of persons ‘disappeared’ and many more were displaced. King Gyanendra’s intervention in October 2002 must be placed in this context. Various prime ministers appointed by him up to February 2005 could not control the violence, failing which he assumed executive powers on February 1, 2005. It is now well-known that the April 2006 agitation that led to restoration of Parliament was based on rented crowds. As such funding is normally associated with the West, India would do well to wake up to developments in its neighbourhood.

Source: The Organiser, Issue, August 12, 2007

Interesting developments in Nepal?

It is being reported that a new organization claiming to be Maoist has formed out of various anti-Prachanda groupings. The new group is called the “Communist Party of Nepal-Maoists United Rebellion Front.” It is being reported that one of the leaders of this organization is Roshan alias Laxman Tharu. (1) It is reported that other leaders of this front include Rabindra Shrestha and Mani Thapa who are reported to have earlier called for a new cultural revolution and continuation of people’s war. Rabindra Shrestha and Mani Thapa were expelled by Prachanda’s clique some time ago.

It is reported that the new organization has issued an ultimatum that all of Prachanda’s ministers must resign from the government by September 1st, next month. The announcement of the new front coincides with Prachanda’s party’s ongoing plenum in Kathmandu. (2) Roshan alias Laxman Tharu threatened, “If the Maoists party ignores our instructions, we will bring the entire militias from the cantonment sites scattered in different parts of the country.” (3) Tharu also said, “If they continue to follow the reformist line by sabotaging the revolution instead of protecting it, then we will pull out the (PLA) army along with the arms.” The front claims to have 4,000 cadres and 1,000 PLA fighters on their side. (4) In addition, the front complains about imperialist and Indian hegemony in Nepal. The Prachanda clique has been under pressure from below for some time. The Prachanda clique is reportedly suffering mass desertions from some cantonment sites where the PLA is jailed. Some speculate that these desertions are coordinated. (5) MSH has no way to confirm any of this.

MSH has long declared the RIM-backed Prachanda clique to be renegade fakes. (6) It is no surprise to MSH that there are various revolts against the Prachanda clique. MSH simply does not have enough information on any of these specific revolts and organizations to make any in-depth comments. It would be opportunist for MSH to recognize any group as a vanguard in Nepal with so little information available to us. However, MSH supports those who would put the Nepalese people’s movement back on the path to power. MSH supports true Maoists everywhere. People’s war must be carried through to the end.

Notes.
1. http://www.telegraphnepal.com/news_det.php?news_id=1671
2. http://www.kantipuronline.com/kolnews.php?nid=118087
3. http://www.telegraphnepal.com/news_det.php?news_id=1671
4. http://www.kantipuronline.com/kolnews.php?nid=118087
5. http://www.telegraphnepal.com/news_det.php?news_id=1594
6. http://monkeysmashesheaven.wordpress.com/on-the-situation-in-nepal/

August 6, 2007

Federalism : Devolution Of True Levels Of Sovereignty, Power

Ambar Mainali

No nation can remain iso-lated from adopting a system of governance that ensures transparency, social justice and devolution of power. Nepal, too, is seriously skimming the options of what best form of governance would be appropriate to address the imbalances of development and inclusiveness. The debate on moving ahead for a federal system has gathered momentum among the political parties and the citizenry at large.

People's participation

History reveals that Nepal has been making steady progress in bracing ahead for a governance system, which would allow maximum people's participation in the overall state machinery. The journey from the Rana oligarchy to the eight-party coalition has come through years of debate and struggle. The nation at the moment is deeply engrossed in what model of federalism would augur well for its democratic development.

Except for the educated political elite, not many really understand what federalism stands for, its philosophies and modalities. The concept of federalism revolves around the sharing of power between the central government and the constituent federal states. The different disgruntled groups must be very clear about the fact that power sharing with the centre is not equal.The centre normally has comparatively more power than the constituent states in such a set up. The whole idea is not to confine the powers at the centre but to distribute them to the states. This is agreed upon by the states at the time of promulgating the Constitution and the successive years whenever amendments are proposed to what extent power should be devolved to the states.Today, around 45-50 per cent of the world's population lives in federal states. The essence of federalism is to devolve the true level of power and true level of sovereignty. How should the country be structured at the sub-national level? What electoral system will be used to elect national officials? These are some of the pertinent issues that need to be dealt with.Besides, intergovernmental organs must be developed over a course of time, which are not necessarily provisioned in the Constitution. Infrastructure development, media, roads, bridges and the metric system need to be uniform for all the states.As stated earlier, Nepal has had a chequered political history revealing the gradual devolution of state powers to the people. The eastern part of the country is comparatively more developed than the western part. The same holds true for the eastern hills and western hills. The dalits, Madhesis, ethnic and indigenous populations have grudges that they have been sidelined from the political mainstream. Against this backdrop, devolving state power to the federal units would be a sensible way to allow people to have their say in carving their own fates.

Hence, rumours that the state would disintegrate if it were transformed politically in favour of a federal set up is misleading and unrealistic. Power sharing between the centre and the federal units would instead help keep the unity of the people together. The constitution in the making should take note of the fact that the federal states would have a larger stake in linking their identity with the country instead of breaking away from it. Given this assurance, no federal unit would ever want to break away, as doing so would entail huge expenses for them. They would have to have their own army, police and the administrative set-up.With the agreement among the eight parties that Nepal would move for a federal structure already in place, the only issue in need of a thorough soul searching is 'would the nation be comfortable when the federal units are marked on the basis of ethnicity?' Rather efforts to divide the federal states on the basis of geography would be more sensible in the case of Nepal where communal feeling is very intense. This would, in turn, provide opportunities for the people from diverse groups to intermingle with each other and thereby have a feeling of cultural solidarity.Federalism at the moment is being portrayed like a magic wand that could find instant remedy to all social ills. This, however, is not the reality. There are a range of issues that have to be looked into before laying down the federal structure, which is principally based on the unequal division of the state power.

Following the drafting of the constitution by the constituent assembly to be elected on November 22, it is essential to have a rigorous discourse on which powers to retain at the centre and which to relegate to the sub-national or state level.Besides, the political parties must also work out which model of federalism best suits the nation's development realities. The nation's division on the basis of ethnicity and race is believed to be a model that would only serve to bring about division along racial lines, hence it would be wiser to adopt the geographical demarcation while carving out the states.The benefits of federalism are such that it reduces abuse of power and tyranny. Decentralised authority lessens the risk of autocratic rule because disbursed power is harder to consolidate and exploit. It helps to solve basic collective action problems. It helps reconcile the need for both unity and diversity. It allows for ethnic, cultural, demographic, economic differences to flourish sub-nationally and be incorporated nationally. A federal system permits greater flexibility and responsibility. Each sub-national government can tailor policies to the citizenry, and the citizens can hold their sub-national as well national officials to account.Last but not the least, federalism encourages innovation, competition and efficiency. Sub-national governments are policy laboratories that innovate and learn from each other, and in mobile societies competition among governments may yield better policies.

Risks

However, there are risks in federalism. It creates collective action problems. Public bads may proliferate, such as cross-jurisdictional pollution. There could be accountability problems in a federal system owing to multiple elected officials. Next, local biases cannot be ruled out. Sub-national politicians will tend to favour the interests of their own constituents, which can come at the expense of national interest. And finally, the issue of inequality could surface as some sub-national units will have greater demands and problems than others, creating either inequities or animosities arising from redistribution by the national government of sub-national resources.

Source: The Rising Nepal, August 4, 2007

Implementation Must

The government has unveiled the much awaited Rayamajhi Commission Reportin the legislative Parliament the other day which is a welcome step on its own. The commission headed by former justice Krishna Jung Rayamajhi was formed in the aftermath of the Jana Andolan-11 to inquire into the atrocities and killings carried out to suppress ruthlessly the popular movement under the purview of adherents of the Royal regime. Needless to describe, many people had been killed, several hundred amputated and thousands involuntarily disappeared during Jana Andolon II as people had revolted against the much maligned autocratic Royal regime to restore civil rights and freedom in the country. The commission probed, interrogated and collected adequate testimonials and evidences which could be adduced to incriminate those responsible for using disproportionate force to suppress the people taking to the streets peacefully for restituting democratic rights and liberty . The report has rightly indicted 201 people from different agencies of the state administration including the executive organ of the government, police and civil administration, military and paramilitary apparatuses. The monumental 1184 page report has blamed the higher authorities for being involved in hatching design and conspiracy to suppress the people?s movement and abetting the use of force to quell and tame the surge of mass to oust the dictatorial regime. The report has categorized the accused into four types and recommended different forms of actions commensurate to the gravity of the offences and crimes committed to flout human rights and jeopardize the democratic aspiration of the people. The report has suggested the enactment of necessary laws since the prevailing legal framework is not sufficient to book the culprits to justice. Though the government, in its bid to implement the recommendations of the report with a view to strengthen the process for enforcement and reparation of the rights of the people, had formed a ministerial level committee some months ago, no concrete steps were taken to do the same. The presentation of the report in the legislative Parliament this Friday would definitely lead to the initiation of the genuine and concrete steps towards its implementation . The government should work towards enacting necessary laws so that those who are involved in the commission of the crimes are brought to justice. The onus of building positive human rights culture lies with the government.

Source: The Rising Nepal, August 6, 2007

Is Foreign Aid Necessary

Sunil Poudyal

Nepal?s dependence on foreign aid has always remained more than 50 per cent of the annual budget with some exception. The donors also never bothered to study whether the aid reached among the target group or not. It has also been found that the extreme dependency of the recipient country of the aid leads to the it plunging into the deepest pit of corruption. Nepal is no exception in this regard. Besides, the provisions set by the donors are so complex, especially for poor and strategically weak countries, that the recipient can hardly secure her people?s interest and/or sovereignty.

Graft

Right from the beginning of the process of aid, the network of commission starts being framed. There is also the donor?s domination and direct/indirect intrusion within the realm of freedom of the recipient. The recipient country has to satisfy the intermediaries, agents as well as some officials of the donor country or organization. The donor imposes on the method of the utilization of aid amount, ways to implementation the project, recruitment of advisors and most of the top level officials, procurement of machineries, equipment and logistics etc. This is rather unfortunate but a reality.If the administrators are visionary, sincere, dedicated, honest, confident, determined and if they have integrity, Nepal does not need any donor to help for its development. But we should hurry to stop the dependency on aid because its addiction to our economy is so severe that haste in this direction can ruin the economy. It should be decreased gradually to zero level within a few years. No country can remain aloof in the modern world. All the countries in the globe are interdependent. But interdependence and domination are two different things. Nepal holds nature?s blessings no less than other countries in the globe, though the type might be different. Until about two decades back we used to export bricks, cement, bamboo shoots, sugar, rice, floor etc to Tibetan Autonomous Region of China. There was also a time when we had exported timber to the then USSR. We have been exporting carpets, garments, herbs etc to foreign countries; the volume of exports fluctuate affecting the foreign earnings because of some problems including the lack of consistency in national rules and regulation.. If we pay due attention to make our policy, quality etc compatible to exploration and expansion in our foreign trade, we do not have to worry much to make the balance of payment favorable. Nepal is said to be a country with the second highest hydropower potential in the world. There is no doubt that if we go for mega hydro projects, they depend on foreign aid. By developing water resources for generating power, it can also be exported to India. It needs huge investment either through foreign or loans. However, the buyers are limited and Nepal has to abide by the conditions imposed by them. Therefore mega projects do not seem to be feasible for the country. Attracting foreign investments for joint ventures or national industrialists for medium scale hydro projects might be suitable for the country as power can be sold at the local markets. However, we should not forget to target our neighboring countries also to cash in on the surplus power, if any, provided the agreement is beneficial to us. It would be contextual to note that mega project of any kind is unsuitable to us considering the huge investment on imported resources and raw materials and equipment and because of transit problems.

It is advisable to also encourage small investment for micro scale hydro projects and other sectors. Again we should always remember that our policy and facilities guaranteed to the entrepreneurs should be reasonable, consistent and compatible to the interest of the country. If we develop hydro power project extensively, we can develop cable cars and rope ways facilities, extending them, especially, in the remote areas. It will also contribute much to solve the grave problem of irrigation and drinking water facilities.. It is worth remembering that the construction of is very expensive together with a big sum required for regular maintenance in comparison to cable cars and rope way system. The degradation of the environment is another curse that the land routes invite. Similarly, soil erosion, land slides and pollution that land routes initiate naturally causes extra burden on the national purse and hampers the life of human beings and the flora and fauna. Besides, regular import of means of transport and accessories is another big burden that the country has to face. The ropeway system help create market for the products of remote areas to cities and vice versa and the cable cars; to boost the tourism industry. The ridge, vivid impression of nature, the diaphanous landscape, the rock band, varieties of climate, unfathomable precipices, the flora and fauna, varieties of birds and animals (some rare in the world), varieties and colorful insects and butterflies, rivers for rafting, places for gliding and bungee jumping etc are the things which can tempt not only foreign tourists but also the domestic ones. The development of tourism will initiate the expansion of inns, hotels, restaurants, rest houses etc with the utilization of local materials.

Prosperity

If we cast our eyes from the east to the west of our country, some areas in the hills are very much favorable for grazing, cattle and sheep farming, dairy industry, fodder etc. Similarly, some areas are very promising for various fruits and vegetable, and some areas for forest products like Bijayasal ( Tacocarpus Marsupium). If these could be harnessed properly some of them can be exported to earn foreign currency. All these activities mentioned also help generate opportunities of local employment which naturally support to increase per capita income of the country. These all show that Nepal can not only survive without aid but also can prosper.

Source: The Rising Nepal, August 6, 2007

Right Decision

Jana Andolan II was a grand success thanks to the great participation of people from all walks of life despite the terror and suppression resorted to by the then royal regime. Many people, in the course of the 19-day revolution, sacrificed their lives all for bringing democracy once again in the country and to be free from the shackles of tyranny that was evident in the country then. The country and the people owe it to the martyrs and the other people who took part in the revolution without fear to do away with the authoritarian regime. Soon after the success of the April revolution, Parliament was reinstated. One of the major decisions of the government then was the formation of the high-level Rayamajhi Commission under the co-ordination of former Supreme Court Justice Krishna Jung Rayamajhi to probe into the misuse of state coffers and power of the erstwhile royal government during the April movement. It was a right move to find the culprits that tried to suppress the people's movement by committing excessive force and misused the people's money to gun down people. However, those who misused power and state money to suppress the people were swept away by the people's power. That was the beginning of a new era for the people despite the fact there is a lot to travel in realising the goal of the constituent assembly and the drafting of an all-inclusive democratic constitution to herald a new Nepal.

The Rayamajhi Commission had submitted its report to the government quite a few months back, but it had neither been presented to the legislature parliament nor had it been made public despite several commitments in the past to do so. Finally, the cabinet has decided to present the said report to the legislature parliament today. This is quite meaningful in the sense that the names of the guilty will be made public, and the necessary legal action against them can proceed according to the law of the land. It has been reported that there are over 200 people who have been charged in the report as having acted against the people during Jana Andolan II. The decision of the cabinet was made public by the Minister for Information and Communications. Now, the people can rest assured that the necessary legal action will be taken against those who had committed excess and misused the state coffers to suppress the people's revolution. The coming days will be very important in how the recommendations of the report will be implemented in the greater interest of the people and the country.

Source: The Rising Nepal, August 3, 2007

Government's Noteworthy Initiatives

Prem N. Kakkar

PROBLEMS crop up time and again in national politics. Since the success of Jana Andolan II and the formation of the interim government and the legislature parliament with the participation of the Seven Party Alliance and the Maoists, the country can be definitely said to be moving towards the goal of holding the constituent assembly (CA) polls on November 22. There is, no doubt, that the announcement of the CA poll date is very significant as it has erased all doubts and confusions that persisted in the minds of the people stirred by the political leaders themselves in their various addresses. That the government was dilly dallying over the date for the polls has been proved wrong.Law and orderNow that all eyes are set on the CA polls, it is the right time for all the political parties to concentrate on the drive to go to the villages and districts so that the people will have all the inputs to be aware about the poll and prepare for it. So far, it seems that the political parties and their activists have not adequately galvanised themselves for the purpose. This is rather disconcerting as the polls going to be held in the country for the first time has great ramifications for the whole political scenario.

That the polls are important has been highlighted by the political leaders and the government, but concrete steps on many fronts have yet to be undertaken to the fullest. The first and foremost is improving the law and order situation of the country. Without peace prevailing, it is clear that it will be difficult to conduct the CA elections. The government is well aware of the situation, so it is conducting talks with the various agitating groups. The talks are moving ahead, but the conclusion is yet to come about. It can be hoped that soon an amicable solution with the different groups will materialise in the interest of all, including the voters. The violence that is taking place in many parts of the country, especially the eastern Terai region, is of great concern. There are people who are blaming the government for this, but it alone cannot do everything and needs the support of all, particularly the stakeholders. The differences in opinion among the political parties represented in the government are natural, but the need is to resolve them through mutual understanding and dialogue. That has been the hallmark of the time since Jana Andolan II achieved success. This is the reason why the top leaders of the eight parties always speak of maintaining unity despite the fact that the CA elections are going to be competitive.The reason for maintaining unity is the outcome of the fear that the regressive elements might become active to undermine the gains made so far. A look at the way the cabinet meetings are being held shows this. There are differences, and then the meetings are stalled for a number of days. Following high level parleys, the cabinet again sits down to take important decisions. The same happened last week. Finally, a cabinet meeting was held on Wednesday.

The meeting took some very important decisions, including the presentation of the Rayamajhi Commission report to the legislature parliament so as to make it public. The cabinet also approved the tune for the new national anthem. In fact, the country had been without a national anthem for over a year.In making the Rayamajhi Commission report public, the people will formally come to learn of the people indicted by the Commission. It will also make it easier for the legal process to start to prosecute those who have been named in the report for their suppressive role during the April revolution. Over 200 people have been named in the report, against whom legal action has to be taken. In this context, it is not understandable why the government took so long to take the decision to present the report to the legislature parliament. Now that the decision has been taken, the people will be waiting to see what steps will be taken to implement the recommendations of the Rayamajhi Commission. That it has come a few months before the CA polls must also be taken into consideration. DemandsThough late, steps are being taken to take the people into confidence. This will boost the morale of the people in the run up to the CA polls. Meanwhile, steps must be taken to deliberate on the demands of the various agitating groups, improving the law and order situation and the campaign to go to the villages and districts to make the people aware of the importance and necessity of the constituent assembly election. If these are done, the dream of a new Nepal will definitely materialise.

Source: The Rising Nepal, August 3, 2007