Constituent Assembly Election and Madhesh Turmoil

The Madhesi movement has reminded us of the need to take a critical look at dealing with the problem of intolerance and ethnic prejudice that has for centuries plagued the nation.

Bindu Chaudhary

People of Nepal are, for the first time in history, going to draft a new constitution themselves through the Constitutional Assembly. This is certainly a landmark victory that has granted Nepalese their sovereign power to address the people’s aspirations and institutionalize the achievements of the popular movement.

It is a well known fact that even after the success of the 1990 people’s movement (Janandolan I), the political parties chose to ignore the rights of the oppressed nationalities including the Madheshis, reflected by the discriminatory provisions in the 1990 Constitution of Nepal. Again, the CPN-Maoists had promised federal state in MBindu Chaudharyadhesh, rights to self determination and many other assurances during their decade old revolution, and similar promises were made by the leaders of all other political parties following the 2006 April Revolution (Janandolan II). However, the interim constitution they promulgated reflected that their promises were merely to deceive Madheshis as it paid no attention to their representation in the decision-making body of the State - the ground that paved the way for the Madheshi movement (now called the Janandolan III).

Madheshis have been pressing for rights based constitution, which envisions constitution as a mechanism for entrenching and protecting individuals’ rights. As bona fide citizens of Nepal, Madheshis are the rights-bearers who are justified to claim their rights for constitutional participation on the basis of the right that they hold as individuals and on the basis of collective rights of an ethnic group. Getting a constitutional foothold and constitutional recognition will not only give Madheshis a sense of ‘inclusion’ and ‘self-esteem’, but constitutionalizing rights will also help the government comprehend that the Terai, which contains 49% of Nepal’s 26 million population, 23% land area and 20 of the 75 districts, belongs to Nepal as much as the Madheshis- it can’t be one and not the other.

The issue therefore relates to a movement against the state’s discriminatory politics, a fight for recognition of rights, and a struggle for equal representation and opportunity. The Madheshis are demanding nothing much but their rights of human worth and dignity, which they think can fairly be achieved by the right to self-determination; proportional representation in the constituent assembly; restructuring the constituencies based on population; federal system with regional autonomy; and elimination of all forms of discrimination practiced by the state mechanism.

Thanks to the unity expressed by Nepalese around the globe, and thanks to the international support, the movement has been successful in maintaining its momentum- sparking wide public attention and concerns about the lack of respect for equality of human beings and the violation of human rights through the plethora of racially discriminatory policies and practices.

The domestic front

• Madheshis could not pin their faith in the Prime Minister’s first address to the nation on January 31st which was an attempt to mislead Madheshis by promising that the Constitution Assembly elections would address the Madheshi demands. On Feb 7, the Prime Minister had to address the nation again, in which he announced federal system of governance, increase electoral constituencies based on population growth and increase the number of seats for election to be held on the basis of proportional representation.

• The interim constitution was amended twice within a few months of its promulgation, but failed to accommodate the demands raised by the Madheshis. In the same tune, the government made some headway by inviting Upendra Yadav led MJF for talks, but with the stipulated pre-conditions, the five rounds of talks remained inconclusive. Nevertheless, as it is said, “Rome was not built in a day”, thanks to the perseverance and firmness of the MJF, the sixth round of talk held with the government team led by Peace and Reconstruction Minister Ram Chandra Poudel on August 30 marked jubilation amongst the Madheshis.

• The Government-MJF ultimately reached a 22-point agreement, which includes compensation to those killed during the Terai movement, guarantee of inclusion of Madheshis and other marginalized groups in the constituent assembly, autonomy to the states in the federal system to be designed by the constituent assembly, among others. The MJF similarly agreed to the constitutional provision of mixed electoral system for the upcoming constituent assembly election and announced withdrawal of all the agitation programs, stating that his party can now concentrate on its election campaign. The MJF has gained positive credibility in due course of the movement and has been elevated as a powerful political force in the country.

• On the other front, the CPN (Maoist) has raised serious objection to the 22-point agreement between the Government and the MJF, stating that the agreement is a conspiracy inspired by the ‘divide and rule’ theory of the Government, and that it only added fuel to the Madhesh fire. Further, they have also called for the postponement of CA polls, and have threatened to launch a nationwide agitation if their demands, including declaration of Nepal a republic and removal of Army from the royal palace, are not met before the CA polls.

• Security scenario is not that encouraging as more and more groups are emerging such as Janatantrik Terai Mukti Morcha (Goit), JTMM (Jwala Singh), JTMM (Bishfot Singh), Madheshi Mukti Morcha, Madheshi Tiger, Terai Cobra Group, Madhesh Mukti Force, Terai Tiger, Terai Army, AASK Group, Tharu Mukti Morcha, Chure Bhawar Pradesh Ekta Samaj, Janajati Mahasangh, TM Don Group, Young Communist League etc., and many of them with militant characteristics are doing their best to strengthen their positions as new armed groups in Terai. In addition, the independent media in Terai faces hurdles in reporting, publication and distribution of newspapers. The situation is bad and getting worse.

The International front

• Amid these, one thing that has remained most encouraging is the unity expressed by Madheshis around the globe. Following the movement, the media has been overwhelmed with news and views on Madheshi movement; there have been discussions and debates on the peaceful resolution of Madhesh issue; the Nepalese Diaspora have channelled possible resources, supports and encouragements to the victims and the survivors of the Janandolan III… in short, the number of Nepalese, including Madheshis and the concerned Pahadis who are working nationally and internationally, from micro to macro level, and through individual and organizational efforts trying to help Madheshis get their share of pie, is simply exemplary.

• There has been intense pressure from the UN Human Rights Organizations and other International bodies on the government to play an active role in combating prejudice against the Madheshis and to hand over their rights. They have been impartial and have voiced out against illegal detentions, police brutalities and against biased reports even at times when most of the civil societies and Nepali Human Rights organizations had acted indifferent.

• Nepal has already received support and words of assistance from India, United States, European Union, United Nations and other countries to conduct the election on time, in a free and fair manner and to get maximum, informed participation from the voters. They have emphasized that the legitimacy of the Nepal Government and the parties would be questioned if the election is deferred again.

• The United Nations Electoral Expert Monitoring Team (EEMT) has emphasized on the need to improve the security situation in the country and has stressed on the need for cooperation among political parties to create adequate election climate and to expect free and fair election.

What Next?

It’s no use crying over the spilt milk. The present priority should be the formation of an inclusive and representative assembly to draft a right-based constitution as per the mandate of the movement. The government should mobilize the support of national and international communities including the United Nations, to ensure a timely, peaceful, free and fair CA election, the only available non-violent approach to help achieve lasting peace and consolidation of democracy in the country.

The electoral seats for CA election are 497, of which 240 would be elected directly, 240 by proportional election, and 17 would be nominated. Presuming that the election is held fairly under the mixed system, 164 Madheshi people would be represented including 38 women. For Madheshis, this could be an opportunity to collectively voice their opinions and democratically convince other CA members to address the issue of inclusion. Whereas, for the major political parties such as NC, UML, CPN-Maoists and NC (D), it might mean having to lose many seats in the CA election which they have been enjoying in the restored parliament.

The date for the CA election, which has already been postponed twice, is now fixed for 22 November. Nonetheless, owing to (i) the fear and insecurity of the political parties; (ii) the Maoists’ insistence of taking part in the election only if they are guaranteed with some safe seats, or manoeuvring to put off the November elections for CA till mid-April next year, or owing to (iii) the deteriorating law and order situation in the country, particularly the Terai region, there are doubts in the minds of many that if at all it would be possible to hold the election at the stipulated time and secondly, if the election could be held in a free and fair manner.

The ambiguity amongst people is legitimate in the absence of a favourable election climate when the election date is just a few weeks away. If the government is determined about the election date, which seems to be true until now, the ruling political parties need to issue a joint public statement expressing their unified commitment for conducting a timely election. They also have an important task of concentrating on issues like security, management of cantonments and spreading themselves out to the villages and towns to interact with people about the CA polls, encourage them to participate in the historic exercise and discuss with them about their election manifestos so that people have a perception of the state of things and are able to make informed decisions.

Furthermore, since CA election is going to be held for the first time in the history of Nepal, and the fact that there is very low level of understanding among the people about the mixed electoral system, the Election Commission, as part of its preparation for the CA polls, should also focus equally on making people aware and sensitized about the concept, process, and modalities of the electoral system and the technicality involved in the voting process.

One of the important requisites for holding a free, fair, peaceful and impartial election is a reliable, conducive and credible security arrangement. However, the irony is that the Maoist-affiliated Young Communist League (YCL), which is widely involved in terrorizing people, is likely to provide security for the CA election owing to tremendous pressure from Maoists. Besides the YCL, the government aims to recruit 80,000 temporary security personnel to create a secured environment for the election, while neglecting about the same number of well trained, equipped, experienced and readily available national army. The security arrangement seems to be in need of reassessment to ensure maximum voter participation who will feel free, secured and fearless to go to polling booths to cast their votes.

Last but not the least, the importance of peace journalism in the contemporary world, in particular at the time of internal conflict in Nepal need not be over-exaggerated. The Nepali media has been biased in tone, depiction and revelation while highlighting the unfolding events of the movement, many at times disregarding the Code of Conduct for Journalists. The reporters should understand that the decisions journalists make and the way conflicts are covered, or how they juxtapose and contextualize the conflict or what they choose to report or omit tends inescapably to contribute either towards the momentum of war or towards the momentum of peace. At this crucial juncture where Nepal is trying to get a face-lift, the media, being an important pillar of democracy, should play a crucial role in creating conducive atmosphere for polls by promoting favourable people’s opinion and enabling them to participate in the CA process in an informed and active way by communicating clear, comprehensive and accurate information to people in all parts of the country, including Himal, Pahad, and the Terai.

The Madhesi movement has reminded us of the need to take a critical look at dealing with the problem of intolerance and ethnic prejudice that has for centuries plagued the nation. The structural discrimination can have solution only through systemic reform guided by the principalities of equality, integration, representation and redistribution. Madheshis should find a meaningful participation in the Constituent Assembly and in all other aspects of peace-building and democratic transition. The ‘hegemonic control’ of the age-old ideology of domination of one caste, one language, one culture, one colour, one region, one religion… can and has to change to include and promote multi-ethnic, multi-lingual, and multi socio-cultural Nepal.

Source: Nepali Times, September 1-3, 2007

Blasts In Capital : Crime Against Humanity

Yuba Nath Lamsal

The series of bomb blasts targeting public places in Kathmandu on Sunday was nothing but a barbarous act and a crime against humanity. The terrorist acts that killed two innocent civilians, including a schoolgirl, and injured over two dozen people must be condemned by all.Terrorism is the modus operandi of criminals. It can never be a means of achieving a political goal. Nowhere in the world has terrorism succeeded in achieving the political goals. World history has shown that those who resorted to terrorism and violence finally denounced such activities and joined peaceful political methods to achieve their political objectives. Those who failed to do so have been eliminated. Under no circumstance can terrorist acts be accepted as a political activity. This crime against humanity, thus, must be dealt with severely in accordance with the law of the land.

Terror

In terms of security, it is an act of terrorising the people, destabilising the nation and threatening national integrity. Politically, it is a ploy to disrupt and sabotage the ongoing peace and political process. Although the force behind this heinous crime would be disclosed in due course after a thorough investigation, one can easily point a finger at those elements that are against the political process in the country.

Nepal is now in the process of holding the constituent assembly election that will write a new constitution. It is an exercise through which the people would be involved in the constitution making process as their elected representatives would write the country's fundamental law. This is the process that Nepal is experiencing for the first time in its history. There had been demands in the past as well for an election to a Constituent Assembly to write the country's constitution. But these efforts were aborted time and again, and the Nepalese people were deprived of their right to make their own constitution. Instead, the king or people in power imposed the constitutions in the past, which was neither democratic nor in the interest of the people.As the new and democratic process of writing the constitution through the people's elected representatives has already started, some elements that would lose their privileges are active in sabotaging this process. Thus, the recent bomb blasts in the capital and some criminal activities in the name of political slogans must be viewed and analysed from that perspective. Against this background, the recent remarks of Maoist chairman Prachanda need to be analysed more seriously. According to Prachanda, elections to the Constituent Assembly cannot be held under the existing situation. He, however, came under heavy criticism from various quarters for his remarks. His main concern was about the present security situation. Moreover, there are elements that do not want the Constituent Assembly election. These elements want to thrive on chaos and anarchy. If the Constituent Assembly election is to held and the present political process to complete its course, they are sure to lose their privileges. These elements need to be watched so that such sinister activities do not repeat.

The fundamental duty of the government is to maintain law and order and protect the lives and property of the people. However, the law and order situation in the country is not satisfactory. This is because of the political transition. The situation always remains unstable and uncertain during the political transition. But terrorism is an act that cannot be totally eliminated through the efforts of the government alone. Terrorism is the enemy of civilisation and civic culture. Thus, there must be collective and united efforts from all sectors, including the political parties, civil society and the general people, to counter and combat terrorism in a more effective way. The election to the Constituent Assembly is a must to create a new Nepal in which all people have equal share and opportunity in all sectors. Once the political process completes its course through the Constituent Assembly election and writing a new constitution, most of the pending problems including ethnic, religious, political, linguistic issues and matters pertaining to governance would be resolved. It would also solve the issue relating the state structure as all the political forces have already agreed to go for a federal structure. It has also been agreed that the first meeting of the constituent assembly would decide the issue of monarchy. Given the present scenario prevailing in the country, it is certain that the monarchy would go and Nepal would be a republic.But some political forces and individuals, including the Maoist leaders, have been demanding for the immediate abolition of monarchy and declaration of a republic. Their logic is that the monarchy and the Constituent Assembly cannot go together, and one must be compromised for the sake of the other. According to them, the Constituent Assembly would definitely abolish the monarchy, and it would be natural for the monarchist forces to do their best to stall the process of the Constituent Assembly election.

From this perspective, Maoist Chairman Prachanda has demanded the immediate declaration of Nepal as a republic as the Constituent Assembly election cannot be held under the monarchy. There is a strong rationale in the logic. However, they must have thought about it when the 12-point agreement was reached between the seven-party government and the Maoists on the fate of the monarchy. Meanwhile, the investigation process must be intensified, and the culprit of the blasts must be disclosed as soon as possible. The individuals found responsible behind this crime must be punished severely. Some have pointed a finger at the Palace for this incident. Without concrete evidence, none should be blamed. If investigations find the monarchy's hands behind these incidents, it should be immediately abolished as there is a provision in the interim constitution that the monarchy can be scrapped by a two-third majority of parliamentarians.

Twin responsibilities

It is a national crisis. In such a time of national crisis, the political forces and all citizens must demonstrate a strong sense of unity and patriotism. Both internal reactionaries and external fundamentalists are out to destabilise and push the nation backward. Now we are at a crucial juncture in history. We have now twin responsibilities. One is to keep the nation intact by safeguarding national sovereignty and territorial integrity and the other successfully completing the ongoing political process through the Constituent Assembly election.

Source: The Rising Nepal, September 6, 2007

Resolve Differences

MINISTER of Local Development Dev Gurung has pointed out that an all-party mechanism proposed by him at the local level could not be formed or materialise due to intense opposition from the CPN (UML). Despite the fact that the major political parties, including the Nepali Congress, had acceded to the proposal, the obstacles created by the UML, as referred to by Minister Gurung, came on the way of building an all-party consensus mechanism at the local level. As even the Interim Constitution provides a separate chapter for a local body mechanism and mentions about building all-party structures for the districts, municipalities and villages, the dilly dallying on the part of political parties on it is inappropriate. The interim statute puts obligations on the government to grant greater autonomy to the local bodies and make sure that they perform their roles and functions more effectively to meet the political, development and social aspirations of the people.

However, the political parties do not seem to be coming close to resolving their differences and sustaining cohesion with a view to building a representative local mechanism so that the intent of the interim statute with regard to creating competent local bodies is realised. Needless to say, the UML had maintained its dominant position at the local bodies during the previous elections held nearly a decade ago. The party contends that it should be given a larger share of seats and positions in the local bodies on the basis of its previous hold and support base at the local level.The argument advanced by the UML holds some logic, but when it comes to negotiation and settlement some give and take is expected on the part of the political party so that a solution for mutual satisfaction could be arrived at in the new context. The local bodies are being run by the bureaucracy that cannot be held politically accountable to the people, as a result development and governance activities at the local level have suffered. The agitation launched by the VDC secretaries recently has already exposed the problems facing the local bodies. Moreover, the government had gives commitments to form an all-party mechanism to run the local bodies to respond to the demands raised by the VDC officials. The political parties are, thus, obliged to ensure that the interim local bodies are constituted and services relating to governance and development are delivered to the citizens.

Source: The Rising Nepal, September 6, 2007

NEPAL: ARMY SEES MAOISTS HAND IN EXPLOSIONS, REPORT

The Nepal Army submitting an investigative report before the prime minister has concluded that the Maoists were involved in the Sunday’s Series of Explosions that rocked the capital city, Kathmandu. In the midst of the Maoists conducting activities to foil the November Polls, the Rajdhani Daily reports, citing a high placed Nepal Army Source, that there is no way any other group except the Maoists were involved in the explosion. The NA investigative team has also alleged the Maoists for disrupting polls by forwarding various demands such as declaring republic, complete proportional system and the amalgamation of the Militias into the National Army. The NA report also indicates the recent Maoists activities of attacking the leaders of the political parties aimed at disrupting their election campaign.

All the Maoists activities in the past have remained unsuccessful that were aimed at disrupting the CA elections thus this explosion has been strategically committed by the Maoists to foil the CA elections”, the report submitted by the NA to the PM after three days of the explosion emphasizes.
The Maoists, by first forwarding 22 point demands in what they call to create poll atmosphere and later allege the Nepal Army and the Royal Palace instantly for their involvement in such heinous acts is highly deplorable, says the report further, writes the Rajdhani weekly. The Maoists claims are thus self contradictory, adds the NA report.
The report also takes into account a statement made by the Maoists’ valley in charge Chandra Bahadur Thapa (Sagar) that “dynamite will explode frequently in the country now on words instead of petrol bombs if their 22 points demands were not met with”.

The report says, the explosions in Kathmandu took place only after the valley in charge made such remarks. The NA thus forwards “circumstantial” evidence.
After the explosions, the Maoists tilted media houses in Nepal thus carried the news as if the Nepal Army and the Royal Palace were behind the explosion, the report further adds.
The highly inflammable ingredients and the time-device used to manufacture the bombs hint that it has been assembled by expert hands, says the report further.
To explode such bombs, experts are required that the Maoists and the Terai outfits possess in abundance, the report adds.
Unless concrete evidence suggesting involvements of other groups are found, the Maoists always remain as a prime suspect, the report concludes.

Source: Telegraph Nepal, September 6, 2007

Nepal Army : Contributions To UN Peacekeeping

Hira Bahadur Thapa

UN Peacekeeping Operations (PKOs) date back to the 1950s. It is an innovation of the United Nations to secure peace in conflict-ridden parts of the world. In the beginning, such PKOs were established with limited mandates. The peacekeepers then were asked to help keep peace agreements intact by preventing the parties to the conflict from violating them. Therefore, blue helmeted soldiers then were deployed to achieve the sole objective of securing peace agreements, and in that sense, their participation in the PKOs was not that vulnerable.

Transformation

The premier UN Peacekeeping Mission is the United Nations Truce Supervision Organization (UNTSO) based in the Middle East. This mission was set up to secure peace in the Middle East following the Arab-Israeli war. Three Nepal Army personnel are serving with the UNTSO. This is also the mission in which Nepal Army observers had, at the UN's request, provided their services for the first time in its history of UN peacekeeping. Given the growing complexity in international affairs and changing scenario in various troubled regions of the globe, the UN's deployment of peacekeepers had to undergo a major transformation. This change has occurred both in the diversity of nationalities to which the UN peacekeepers belong and the responsibilities they are asked to shoulder. Today's peacekeepers are not confined to keep peace by helping to maintain the Peace Agreements. Additionally, they are now deployed to undertake a number of other activities like organising and observing elections, training the security forces on human rights and even taking charge of an interim administration. The UN makes every effort to ensure that its peacekeepers do not infringe upon the human rights of the people they are supposed to protect. The UN is currently involved in monitoring the ongoing peace process and observing the Constituent Assembly elections in Nepal. Following the signing of the Comprehensive Peace Agreement between the Government of Nepal and the Communist Party of Nepal (Maoist), a UN Mission in Nepal (UNMIN) has been deployed. Its fundamental role here is to monitor the armies of both the Government and the Maoists along with their arms. There are cantonments in various parts of Nepal where members of the People's Liberation Army (PLA) of the CPN-M are kept with their arms.

As Nepal is heading towards restructuring the country through the Constituent Assembly elections, the role of UNMIN is crucial in making the current peace process a success. It is interesting to note that Nepal has been hosting UNMIN as per the requirements of the country although it is now the fourth largest troop and police contributor in the world to the UNPKOs. At present, Nepal has sent 3,670 personnel from the Nepal Army, Nepal Police and Armed Police Force to various UNPKOs. They are now serving with various missions like United Nations Interim Force in Lebanon (UNIFIL), UN Organisation Mission in the Democratic Republic of Congo (MONUC) and United Nations Stabilisation Mission in Haiti (MINUSTAH) I & II, among others. Of these, the largest contingent from the Nepal Army is deployed with UNIFIL where 859 personnel serve with that mission alone. This is the mission where Nepal has sent its peacekeepers since it started in 1978. With a very short interruption in the 1980s, Nepal has been providing its Army personnel to Lebanon on a continuous basis. This proves that Nepal's participation in UNIFIL is highly acclaimed.Continued participation of Nepal in UN Peacekeeping notwithstanding, the Nepal Army is facing tough competition mostly from its South Asian counterparts. The largest army and police contributors to the UNPKOs are from our region. Moreover, Nepal has its own painful history of an armed insurgency that has sometimes dragged our professional army into controversy as a few human rights organisations have been found criticising it. At some juncture when the country was in the midst of the internal conflict, a few human rights activists even lobbied against Nepal's participation in the UNPKOs. Due to persevering efforts of the government to counter the logic of the activists, the embarrassing situation of non-deployment of Nepali security personnel in the UN Peacekeeping Operations has not occurred as yet.

We need to be very alert in ensuring that such campaigning against Nepal's interests does not gain momentum. For this, the Nepal Army has to be cautious as well as responsive to accusations relating to its human rights records. Interestingly, people from Amnesty International were capitalising on the opportunity when our Chief of the Army Staff was having an interaction in London recently at the International Institute for Strategic Studies. They had questioned him about the progress made in the investigations concerning the death of Maina Sunuwar and the Doramba incident in which 18 unarmed Maoists were killed. There is no doubt that Louise Arbour, the UN High Commissioner for Human Rights, had raised these issues very seriously during her last visit to Nepal. The Nepal Army has a crucial role to play in reassuring the international community about its current efforts to bring about convincing results of the said investigations, which have attracted significant attention internationally.The Nepal Army has pledged time and again that it will abide by the instructions of the civilian government. It has also given assurances that it will be very sensitive to upholding the human rights commitments made by the Nepal Government. It might be worth mentioning the remarks made by the prime minister, who also is the defense minister, in a message to the participants of the Nepal Army Officers' Cadet Training held at Kharipati a few days earlier. In his message, he emphasised that the Nepal Army should uphold democratic norms and values while accommodating the popular opinion of the Nepali people in the changed context.

Gender

Against the background of the Comprehensive Peace Agreement, which envisages the integration of the PLA of the Maoists with the Nepal Army, the country has to be seriously involved in the preparations for achieving this goal. Once the democratic transition in Nepal comes to its logical end, with the completion of Security Sector Reform, there is no reason why Nepal cannot one day send even a female battalion at the call of the UN, especially now that it has been putting emphasis on gender equality in its peacekeeping operations for long.

Pay Heed To Maoist Concerns

Yuba Nath Lamsal

Recent remarks by Maoist Chairman Prachanda have created ripples in the Nepalese political spectrum. In an interaction with the civil society members and professionals in Kathmandu, comrade Prachanda had raised serious doubts over the holding of a free and fair election to a Constituent Assembly scheduled for November 22 this year. According to Prachanda, an environment for the elections has yet not been created, and in such a situation, the genuine verdict of the people may not be reflected in the Constituent Assembly election.

Poor security

His concerns include the poor security situation in some districts of the Terai, interference by some external forces and activities of the feudal elements against the new political process. The concerns and issues raised by the Maoist chief are genuine. The law and order situation at present is poor especially in the Terai. Some groups there have raised arms and resorted to criminal activities like intimidation, killing, abduction and extortion. As a result, many people have fled their homes for fear of their lives. The government employees, who are to conduct the elections, also do not feel safe. Hence, voters cannot freely participate in the election and give their verdict. The other issue is related to the monarchy. Although the monarchy is down, it is not out. The regressive and rightist elements under the protection and patronage of the monarchy are active in derailing the present peace and political process. The Constituent Assembly election is a historic process at making the people sovereign in the real sense and restructuring the state and ensuring inclusive democracy and a just society. The necessity of the Constituent Assembly election had been felt and demanded in 1951, and it had been agreed that elections to it would be held right after the political change then that toppled the century-old Rana family rule and established a multi-party political system. It was the monarchy that aborted the process for the Constituent Assembly election in 1951, although the then king himself had promised to hold it. Thus, historic developments have proved that the monarchy has been the main hurdle in democratic consolidation since 1951.

It has also been proved that the monarchy and the Constituent Assembly cannot go together. Nowhere in the world have the two gone hand in hand. One must be compromised for the other. And there has been a wave for republicanism, and it is almost certain that the monarchy would go if the Constituent Assembly election were held in a free and fair manner. Thus, monarchists in collusion with some external forces and fundamentalist elements are hatching a conspiracy to sabotage the process for the election with the feeble hope that the monarchy will survive. The election to the Constituent Assembly may not be possible as long as the monarchy exists in Nepal. Moreover, the monarchy is a symbol of feudalism, exploitation and discrimination, which has already lost its relevance. Since the constitution has a provision to abolish the monarchy by a two-third majority in Parliament, the eight political parties can and should declare Nepal a democratic republic from parliament to facilitate the smooth conduct of the election. The other issue comrade Prachanda has raised is related to external pressure and interference in Nepal's internal affairs. The Maoists are of the belief that some powerful nations are active to sabotage the Constituent Assembly election and the ongoing political process through which the monarchy can be saved and progressive forces in Nepal could be prevented from going to power.There is a grain of truth in his remarks. But the international community has been supportive of Nepal's peace and democratic process. Even during the struggle against the king's dictatorship, the support and co-operation of the international community played a crucial role in boosting the morale of the pro-democracy forces, which finally forced the king to bow down. For this, the Nepalese people are always grateful to their international friends. But the activities and remarks expressed by representatives of some nations are not at all compatible with the diplomatic norms and values. They have openly supported particular political parties and condemned the Maoists. Against this background, it was natural for the Maoist party to doubt the genuine outcome of the election. Attention should, therefore, be paid to the concerns raised by the Maoist chairman. The government, therefore, needs to take immediate measures to create a conducive atmosphere for the polls.

Prachanda's remarks were dubbed as a ploy to defer the Constituent Assembly election. Other political parties, including the power constituents of the eight party government, namely, the Nepali Congress and the CPN-UML, have now come down heavily on the Maoist chairman's remarks. In fact, the Constituent Assembly election was the sole agenda of the CPN-Maoists until last year. Other political parties, including the Nepali Congress and the CPN-UML, had been reluctant to go to the Constituent Assembly election. But they agreed on this issue as the Maoists continued to press for this demand. Thus, we cannot believe that the Maoists have abandoned the agenda of the Constituent Assembly election.Prachanda spoke the bitter truth, which has been difficult to digest by others. Former Prime Minister Sher Bahadur Deuba had also spoken on similar lines in the past regarding the possibility of holding the election in June. Deuba had also come under severe criticism from all parties, including the Maoists, for his remarks that it was not possible to hold the election in June under the then prevailing situation. But it was accepted by all later, and it was agreed to defer the election date till November.

22-point agenda

Earlier, the Maoists had unveiled their 22-point demand, in which they have expressed clear commitment to the Constituent Assembly election. Their only concerns are the basis and grounds for the elections. It would, thus, be unfair to doubt the intention of the Maoists regarding their commitment to the Constituent Assembly election as the Maoists would definitely not want to abort the process and agenda they had raised. Against this background, it would be in the interest of the nation if the political parties stopped blaming each other and worked in unison for the common goal of holding the Constituent Assembly election

Source: The Rising Nepal, August 31, 2007

Time To Brace For Elections

WHETHER it is in the general social life or the Gai Jatra, the topic of the Constituent Assembly polls is bound to crop up. Much hope is pinned on the Constituent Assembly elections. In fact, the very future of the country and the people depends on it.

It needs no reminder that the polls are a mere 82 days away. It may not be the culminating point as the new constitution has to be drafted by the Constituent Assembly that will represent the people from all groups in the country. Yet, the lacklustre performance of the political parties in the run up to the election is a matter of worry.Some minor hiccups have been impeding the political parties from jumping into the bandwagon. Some parties are engaged in their own internal affairs while others have come up with plans and programmes.Herein, it is worthwhile noting that the 22-point programme put forward by the CPN (Maoist) has generated much debate among the other parties. The Maoists say that their struggle will continue both in the House as well as in the streets. They have been emphatic on the point that they are not against the CA election but want to create a conducive environment through their movement. If that is the case, then it is in the interest of the people and the country. The Maoists have said and expressed what they want to do, and the manner that they have decided upon. This is something transparent and gives the people an idea of their stance. Whether it is liked by the other parties or not, it has to be accepted as the Maoists have now entered mainstream national politics.

The other political parties, too, should come up with their plans and programmes, considering the fact that the election is round the corner. At the moment, much focus is also on the unification of the Nepali Congress and the Nepali Congress (Democratic). That is also related to the united stand for the election. It will be an important event when they stand together in the CA fray.As for the CPN (UML), it has already initiated its election campaign. So far, it is the only party that has begun a campaign in earnest. So far the campaign has been concentrated in the Kathmandu Valley only. There is a need to spread out.The call for going to the villages and districts has not yet begun as the scenario shows. It is for all the parties that profess unity - the eight parties in particular - that must motivate themselves to reach places where the majority of the people live. It is there that they must focus their attention as the people there lack awareness regarding the CA, its importance and the polls for it. No party has devised an education programme for it. The reason is that Kathmandu serves as the base with the other parts of the country not getting the due priority.There may be problems in the Terai region, but the parties can make a foray into the hills and other remote parts of the country. This also has not come about in the absence of concrete programmes. It seems that the eight parties are still grappling with some differences. One issue has presumably been solved, namely, the nomination of the ambassadors to 20 countries. That had been a contentious issue. It has been resolved but after a long delay. It can be hoped that the various missions will have chiefs to conduct activities in the interest of the country. There may be some misgivings, yet the nominations have been completed, which is a matter of relief.

Manifesto

When the greatest event of the country is only months away, and talks of unity has been made time and again by the eight party leadership, it is hard to understand why they are delaying in venturing onto the election turf. Moreover, none of the parties has made their CA election manifesto public. That is the document that they have to take to the people during the election campaign. Maybe they might have their own reasons for delaying. But now is not the time to procrastinate but to get wholeheartedly into the game as the Election Commission is said to have made the necessary preparations and now wants the political players to take to the field.

Source: The Rising Nepal, August 31

NC Unification : Indecisiveness Affects CA Polls

Vijaya Chalise

Leaders from both the Nepali Congress are feeling enormous pressure to unite prior to the Constituent Assembly (CA) election. The sole purpose of the unification, as Nepali Congress-Democratic (NC-D) leader Minendra Rijal puts it, is to influence the CA election. The NC needs to show good electoral performance, and for it unification is a must, says he. Consequently, the urgency for Nepali Congress (NC) unification seems further inspired by the political polarisation in the upcoming Constituent Assembly polls. In addition, the anti-communist paranoia of the United States and other foreign political players might inspire the political forces to become polarised.For the second time, the left parties in Nepal have a majority in the interim Parliament following the promulgation of the interim constitution, and should they establish a working alliance, then they will be in a good position to win a majority in the upcoming election to the Constituent Assembly.

Strong pressure

However, even in the face of strong pressure from within the party cadres and from foreign powers like India and the US, the unification course of the Nepali Congress (NC) and Nepali Congress (D) has yet to gear up. Political analysts say the situation took a new turn after the new U.S. ambassador, Nancy Powell, met with the Nepali Congress leader and gave suggestions to expedite the unification process. It is believed that after Prime Minister and NC president Girija Prasad Koirala and NC-D president Sher Bahadur Deuba meet to sort out their problems, the merger would pick up momentum. Positive signals are, however, not forthcoming, with the NC-D leaders accusing the mainstream Congress party of not showing interest in the party unification. Even the NC leaders charge that the people responsible for bringing the two parties together have not been showing interest and that their indifferences have been delaying the process. The unification process of the Congress, which split five years ago due to lack of internal democratic exercise, has been slackening for months even after the formation of the task forces.

The NC-D wishes to forge unity at all levels. It includes allocating equal positions in the party high command, something that the NC has maintained reservation about. Obviously, it is not easy to unite the party by keeping people from both the sides happy. NC leader Narahari Acharya, who leads a republican camp within the party, says the basis of the unity should be based on inclusive democracy. Calls are growing within the Congress for amending its fundamental documents, including organisational set-up.Many of them want a greater intra-democratic environment within the party. Since long, second generation leaders have stressed the need for a transfer of power from the old hat to them. Ram Chandra Poudel and Sailaja Acharya, the senior leaders after Koirala, and their supporters see several reasons for changing Koirala's leadership. However, they fear the rift in the party will only widen if they challenge his leadership. NC (D) President Sher Bahadur Deuba, while welcoming a respectful unification between the two NC groups that split in early 2002, had once claimed that the much-hyped party unification was nothing but a hoax promoted for cheap publicity. He thinks unification is not possible only on the strength of verbal commitment as such words need to be backed by practical steps. He is in favour of respectful unification - unification of feelings, a dignified place for workers at all levels and clarification of certain ideological obscurities such as the issue of ceremonial monarchy. Otherwise, in his opinion, it will be nothing but a repetition of conspiracies, betrayals and division.

Deuba says he is not against unification, but it should not be in the interest of a handful of leaders at the top. It should address the issue of the cadres at the grassroots. Deuba's distrust is understandable because Koirala himself was leading the party when it split four years ago. Many cadres believe he could have saved the division at that time. Apparently, extensive homework is needed for the unification of the two NCs as uniting just for the sake of it would not bear the desired results. This unification should positively consider the feelings of Jana Andolan-II. Obviously, all the NC cadres and followers, who desire to see a new Nepal totally free of autocratic past practices, would like true and sentimental unification instead of differences being patched up in a hurry. Responding to Deuba's scepticism, Prime minister and Nepali Congress president Koirala once said in Biratnagar that the leaders were prepared to reconcile with an open heart, and that the unification of the party would be carried out in a respectable manner. While addressing party cadres in his hometown, Koirala assured complete party unity by bracing reunification in its entire structure, starting from the villages up to its upper level. But, whether Koirala can provide all members of both the parties as well as the central leaders the same status is doubtful.

Obviously, unification starting at the grassroots level to the general convention, then at the level of the central committee, as prescribed by Koirala, does not appear easy as there are many lobbies and interest groups in both the parties. Even the oldest democratic party, the Nepali Congress, has a bad reputation as far as intra-party democracy is concerned. This also might cause hurdles in unifying the two parties. Visibly, the inability of the Congress to unite has affected the pace of the Constituent Assembly polls. Due to the indecisiveness, the Congress has not been able to take a decision on whether to back a constitutional monarchy or to go for a republican set-up during the election. Neither has it been able to make internal preparations for the poll.

Obligation

Undoubtedly, the NC faces a twofold pressure. Majority of the young cadres within the party are building pressure to go for a republican set-up. On the other hand, some quarters within the party as well as foreign forces think left influence can be curtailed only if the NC joins hands with conventional forces. The indecisiveness caused by such pressure has delayed preparations for the Constitution Assembly election. Obviously, this has delayed the entire peace process. Only 82 days are left before the CA elections, however, none of the parties have hit the campaign trail. The political parties in power should show greater enthusiasm to institutionalise the verdict of the April movement and the subsequent comprehensive Peace Accord that had clearly spelt out that the CA would determine the fate of the monarchy. It is the obligation of the political parties to fulfil their commitment.

Source: The Rising Nepal, August 31

22-pt demand helps timely election: Prachanda

Maoist chairman Prachanda has claimed the 22-point demand floated by his party will help create practical ground for timely election to constituent assembly. Talking to state-owned Radio Nepal Tuesday, Prachanda said, “The 22 demands were put forward in order to create ground for timely and meaningful election, and to make sure that the election does not end up being a drama.” Speaking further, Maoist strongman blamed the Nepali Congress, the leader of the coalition government, for sheer lack of election preparation.

“We think there is no preparation for the election, and the leading party in the government is not clear in its political vision,” he said, “This amplifies our suspicion that attempts are being made to prevent the CA election from taking place on time.” Prachanda also reiterated that the media misreported his remarks on the election and claimed that he never suggested postponement of the November 22 election. His remarks expressed during an interaction with representatives of the civil society and the academia last week had drawn sharp reaction from different quarters. “My views were simply meant to stress on timely election,” the Maoist strongman added.

On 20 August, the Maoist party had came up with 22 demands which include announcement of republic before the polls, formation of an inquiry commission on involuntary disappearances, roundtable conference of all sections of the society including Janajatis and Madhesis, release of political detainees, start of the process for integrating the People's Liberation Army within the Nepali Army by forming a special cabinet committee, withdrawal of army from the royal palace, nationalisation of the properties of King Gyanandra. With these demands, the Maoists have announced a series of protest programmes over the next couple of months.

Source: Nepalnews.com, August 28, 2007

NC Unification

Prime Minister Girija Prasad Koirala and NC(D)leader Sher Bahadur Deuba held the latest round of parley to finalize and seal the process of NC unification .At a time when the country is at the political cross roads the party should not be allow itself to be divided. Nepali Congress, if one takes cues from history of democratic struggle and innovation, has been the premier political organisation which is credited to have fought for democracy and political modernization. Moreover, the party has been consistent to its commitment to democracy, pluralist values and welfare state, and it has never flinched from its well cherished goals and values despite the situation of political topsy turvy in the country. When democracy was jeopardized on the eve of the sixties , Nepali Congress, under the leadership of late B.P.Koirala, held high the banner of struggle against authoritarianism imposed in the country.

The struggle against the partyless undemocratic polity lasted for thirty years before it collapsed under the weight of popular revolt in 1990. It was NC leader late Ganesh Man Singh who converged all the left and democratic forces against the authoritarian polity and fought to restore multiparty democracy lost out to the autocratic King in 1960. Again in April 2006 the seven party alliance led by Nepali Congress fought against the despotic monarchy and demolished its apparatus. Going by its history and contribution to the political modernization and development, Nepali Congress has always been a champion of unity and solidarity. But it is a matter of paradox that the party itself is riddled by factionalism and split. At a time when the country is going for polls to the constituent assembly and the role of political parties is very crucial to spearhead the process of democracy building, it is necessary that the Nepali congress stay united and consolidated to offset the challenges faced by the nation. Prime Minister Girija Prasad Koirala has already recognized the need for unity of the party and given full backing to further the process for unification of NC and NC(D) . Former prime minister and NC(D) president Sher Bhadur Deuba is all committed to NC unification for consolidating it to take on the challenges of the time. It is high time the unification process was furthered and completed and a strong NC was made to secure an enlarged political space in the country.

Source: The Rising Nepal, August 29, 2007

Unresolved issues: Political conference necessary for CA

Shailendra Kumar Upadhyay

Last week witnessed certain developments on the political front that have increased uncertainties surrounding CA polls scheduled for November 22 although the Election Commission has published a detailed poll schedule. The ongoing agitation of Tarain groups and Janajatis, political party’s lethargy in educating the masses on the importance of a constituent assembly, the indifference and opposition of the Madhesis and Janajatis and the new political position taken by the CPN-Maoist are factors which need serious attention.

On August 22, the Tamang National Liberation Front declared a successful bandh against the indifference of the coalition government to Janajatis’ demands. On August 23, the MJF declared that unless their demands were fulfilled within a week it would declare a movement for the ‘liberation’ of the people. The same day a statement by the UNMIN head Ian Martin urged the political parties to go to villages to motivate the people with regard to CA election. He made it clear that most of the reports he had received concerned inactivity of political parties.

One of the gravest developments was the Maoist demand for postponement of CA election till April-May 2008 and declaration of a republic in order to curtail conspiracies against the election. The formation of the coalition government and the interim parliament had acknowledged the Maoists as one of the three major political parties. On the basis of such an acknowledgement, the Maoist stand has to be taken up seriously.

There are 84 days to go for the scheduled election. But how can any credible election be held in an atmosphere of uncertainty and violence? In order to create an atmosphere conducive to free and fair election, dissenting voices have to be listened to and talks have to be conducted with a view to arriving at consensus. However, the government team that is conducting negotiations is lethargic and biased. Even before the talks are conducted a member or two of the team makes his ideas public and spoils the atmosphere for the talks.

Dialogues with different dissenting parties should have the single objective of arriving at consensus among negotiating parties. Such consensus cannot be achieved by listening to the grievances of a particular party only, as issues involved have wide dimensions and affect multiple parties, communities and groups. So a new mechanism has to be created to promote interaction among all dissenting groups and eight party alliance.

How serious are the political parties about holding the election on time? Till date, only the CPN-UML seems serious about the need for timely election. Smaller parties like Jana Morcha and NWPP are also seen active in election campaigning. And yet other major political parties have not made any initiative to go to the people. The question of maintaining the eight party alliance is also crucial to achieving the mandate of Jana Andolan II. However, one can easily discern that the partners in the alliance are drifting apart.The question of proportional representation has been raised by a big segment of population. The MJF as well as Dalits and Janajatis have been demanding adoption of a single system of proportional representation. CPN-UML is the only political party which took this stand from the very beginning. Now the Maoists have thrown their weight behind proportional representation. To ridicule the Maoists for shifting their position from their stand during the signing of draft interim constitution is insensitive in a democratic society. The Maoists have fathomed the popular will in favour of proportional representational system and have followed the people’s will by displaying their democratic credentials. In a democracy, it is only right that any individual, group or party change its position in honour of public opinion. It is hypocritical to assert that one has to stick with a pre-conceived opinion come what may.

The issue of proportional representation was not received well by others in the beginning because this was thought of as a CPN-UML agenda. Today the question of convening a political conference is not being considered as this is branded as CPN-Maoist agenda. Such an attitude is not good for maintaining the alliance or honouring popular will. In order to solve the numerous issues of grave importance, convening of a widely participated political conference has become inevitable. Only such a forum could address the issues before the nation and provide a sound guideline for the CA which is to be the baseline of a new Nepal.The political conference should include all those who are willing to negotiate and even those unwilling to negotiate and create law and order problems. Thus, they can be isolated, divided and punished. Because of the constraint of time a political conference must be convened, which could, in turn, also tackle the issue of whether a new Nepal would be a federal republic.

Source: The Himalayan Times, August 29, 2007

Inconvenient truth

The ongoing stir in Kathmandu of Badi women from western Tarai has brought the world’s oldest profession into focus. Badi women have jumped on to the bandwagon of countless agitations that followed the April Uprising. They descended on the capital in dozens, and have been protesting for the past week in various ways, including their novel “semi-nude” demonstration in front of Singhadurbar last Wednesday. They have threatened to protest by stripping off fully if their demands are not addressed. In yesterday’s demonstration outside Singhadurbar, more than a dozen Badis were injured in police baton-charge. They are demanding an alternative to the sex trade they live by. They want the government to give them land and their children free education. A number of Badi women, though unmarried, have children and, in many cases, the fraternity of their children has remained unknown.

The government ought to do what it can to rehabilitate the willing among the Badi sex workers in other more respectable occupations. Badis are a special community with a history, many of whom have plied their trade as something of a tradition handed down from one generation to the next. After all, they have been doing nothing different from what tens of thousands of other girls or women across the country are doing — selling sex willingly, under compulsion or under coercion. There is no clear-cut legislation on prostitution. The law has neither recognised prostitution as legal, nor categorically made it a punishable activity with clear penalties. That is why those arrested on prostitution charges are booked under the Public Offences Act. The accused are released soon, often after some time in police cells. This state of affairs has gone on for decades. In this legal vagueness, malpractices have flourished against women. And these malpractices often happen to be more punishable than the accused women’s offence.

Sadly, others often go unpunished while sex workers find themselves at the receiving end. This state of affairs must end. Unscrupulous policemen often take undue advantage of the fact that female sex workers are on the wrong side of the law. Besides, many others also play on these women’s vulnerability. As tens of thousands of the “weaker sex” continue to receive ill-treatment at the hands of men, and even women who live off their earnings, it is deplorable that clear legal provisions do not exist. This profession has existed from time immemorial in the most regimented regimes as well as in deeply theocratic societies prescribing harsh punishment for the sin. So, unsurprisingly, this trade goes on, perhaps even more briskly, in societies that are more tolerant. On top of that, prostitutes also fill a biological, and some say, a social need. These realities call for a clear law for governing the profession. It would appear sensible to consider permitting the willing to practise it, of course, with reasonable restrictions and safeguards. And these safeguards should include a legal deterrent against anybody else who may try to exploit women for their selfish ends.

Source: The Himalayan Times, August 28, 2007

Congress unification: A story of leadership failure

Ajit N S Thapa

Ever since King Gyanendra dumped Sher Bahadur Deuba’s government for its inability to hold elections on time on Feb 1, 2005, there have been demands from all quarters for the merger of the two parties — the NC and NC (D) — in order to strengthen democracy and fight regression. Responding to this demand, PM and NC president Girija Prasad Koirala made a clarion call for the unification with the promise that the members of both parties would retain the positions they held in the mother party prior to the split. Deuba-led NC (D) did not react positively and dubbed the unification call a ruse to entice NC (D) members to NC.However, unable to withstand mounting pressure for unity from party workers, well-wishers as well as the international community, Koirala and Deuba agreed to take the process forward and constituted a six member team to recommend merger modalities. For some reason, this committee did not work with the sense of urgency that the situation warranted and failed to come to any kind of consensus. With CA election barely three months away and as international pressure mounts, the two leaders have apparently agreed upon the following points.

The united outfit will have a central committee consisting of 37 members from NC and 27 members from NC(D); the general convention and general committee (Mahasamiti) members of both will continue in their respective capacities; the active members of both will be included; district presidents and chairmen of electoral constituencies will be decided on the basis of seniority, positions during the 10th general convention and their contribution to Jana Andolan II; GP Koirala will be No 1, Krishna Prasad Bhattarai No 2 and S B Deuba No 3 in party hierarchy, while Sushil Koirala will be No 4; and acting president in the united party and Deuba will be consulted in all major decision making processes.Meanwhile, it is learnt that NC (D) has come up with a set of demands which among others stipulates that the two vice-presidents and the general secretary retain their respective positions and that the current party spokesperson too continue in the same capacity. This demand does not bode well for party unity since it undermines the seniority and capabilities of more deserving colleagues on the other side.

At this juncture, it might be useful to delve into the genesis of the split. While Koirala can be lauded for his grit, determination and stamina to fight for the cause of democracy, his capacity for institution building, fostering internal democracy and decentralisation leaves much to be desired. It was his intention to monopolise all power that prompted him to dump four cabinet colleagues without consultation with his two senior colleagues when he was the PM in the first elected government in 1991. This resulted in formation of a group of 36 dissident MPs who opposed the PM. During a budgetary vote in the parliament, the dissidents made themselves absent. The PM could not muster a majority and dissolved the parliament (again without consulting his colleagues) and sought a new mandate.

In the mid-term election, the NC fared badly and came out second biggest party after CPN-UML, which formed the first communist-led government in Nepal. After the fall of the UML government, Deuba became PM and led an unsuccessful coalition which could not secure a vote of confidence in the House owing to the deliberate absence of two NC MPs. This aggravated the intra-party conflict.In the third general election, KP Bhattarai was proposed as NC’s PM candidate and the party won a comfortable majority. Unfortunately, Bhattarai soon began to face obstacles from his own party.Ultimately, he was forced to tender an emotional resignation. Koirala, who succeeded Bhattarai, also had to resign in the wake of Holeri, when the army refused to attack the Maoists.

Deuba assumed prime ministership again and soon declared a state of Emergency, also mobilising the army against the Maoists. At the behest of the army, he wished to prolong the six-month-long Emergency, but the NC leadership refused to co-operate. Sensing a foul play, Deuba dissolved the House and announced mid-term polls. This prompted the party leadership to annul his party membership for three years and in turn Deuba split the party. Deuba’s inability to hold polls enabled King Gyanendra to usurp power.In this backdrop, it is clear that NC management is weak and leadership myopic, self-centered and ineffective. After the split, the two parties have fared even worse, NC (D) more so in terms of lack of internal democracy and direction. We hope that the two leaders will be able to unite two parties. They should also pave the way for a new generation of leaders who will be able to manage the united party more effectively by instituting internal democracy, decentralisation, worker evaluation, and financial viability and equip the united NC to cope with the challenges of the 21st century.

Source: The Himalayan Times, August 28, 2007

Parties Moving Slowly For CA Polls

Narayan Upadhayay

The nation is hurtling to wards the November Constituent Assembly (CA) election, but the skepticism whether the polls would be held in a fitting manner in the stipulated date has refused to die down. The statements and reports coming from various quarters and some incidents taking place are alarming as they suggest the path to CA polls is still strewn with many complexities that need to be sorted out before any awkward situation comes to pass.

The Code

Even as the government, composed of eight political parties, has come up with code of conduct for the CA polls, the parties are blamed for their lackadaisical response to the pre-CA polls campaigning. The prevailing mood among the political parties is they have not yet jumped into the electioneering bandwagon. Lately, the Elections Commissioner himself has, in a round about way, admonished political parties for failing to create an environment for polls and lacking in initiative to stir up the real interest among the electorate for polls. The commissioner?s very suggestion that the political parties must now expedite for the polls drops a hint that the political parties have not yet fully geared up for what many believes an epoch-making November 26 poll. It is sad to see that our political parties, almost all of who are never tired of professing their respect for democracy and freedom, had to be given the ?wake-up? call by none other than the commissioner himself.

In democracy, it is the political parties that must remain at the forefront to take the proactive role in launching various activities while they seek electorate?s vote for them through an election, agreed upon by the existing constitution of the nation. Likewise, in a democratic political set-up, the onus of making the electorates attentive and responsive to any kind of polls and the post poll consequences that will have far reaching implications on the well-being of a nation rest solely on political parties. There are several reasons that have slowed the three major political players- Nepali Congress, the Nepali Congress (Democratic) and CPN-Maoist. They have been sluggish in their approach to the CA election. In other words, they have their own axe to grind before the epoch-making poll is conducted.As far as two Congresses are concerned, they seem to be in grip of nagging fear that it would be suicidal if they go into the polls without being united.The fractured Congresses are a worried lot and are also under fire from the party workers for failing to take an unambiguous stance in the fate of Monarchy and issue of republicanism. While many party top brasses are reluctant to support the idea of republicanism, plenty of the congresses? workers are supporting the idea. The raging controversies within Nepali Congress might have delayed the party?s election manifesto.

For the Maoists, the results of the mock elections conducted by the Election Commission are not encouraging while the ?persisting? issue of declaring the nation republic before CA polls and the issue of proportionate election in all seats for CA- have been consuming their time and energy. The two demands however, are at variance with the Maoists? various agreements and understandings with government and other political parties. The Maoist party leadership is also in the know that some activities of the party workers in recent time have done nothing good in raising the popularity of the party. And, of late, the party?s submission of 22-point demand to the government has made the task all the more difficult for those who want to create the conducive environs for holding CA polls. The Maoists are pressing to see their demands come to the fruition. But the problem for the authority that have power to fulfill these demands too need some time while many of the demands are not likely to be duly met, because they are against the 12-point agreement.

The position of CPN-UML on the upcoming CA polls is slightly different. It is the only party that has declared to be doing its homework for CA electioneering. But the sad part of it is that the party as big as UML has not been able to prepare its manifesto to catch the attention of its supporters and the electorate as whole even when the much-talked about polls are less than three months away.A cursory glance at the present position of the major political parties makes it obvious that these parties are mainly engaged in their own party interests rather than for the nation?s and people?s. The fear that the CA polls would once again be deferred for new date is all the more glaring.But the psyche in the nation is against any deferral of the poll. Almost all of the foreign donor agencies, the United Mission in Nepal (UNMIN) diplomats from India, the USA, the UK and other nations form European Union, who have provided assistance in cash and kind for the polls and restoring peace, are voicing their concern that the epochal polls must be held in its stipulated time. They are pressing hard to liven up the political parties for polls, because like all of us, they too are aware that the future of this nation and its restructuring are closely connected with the success of the CA polls. Now this nation can not do away with CA polls. There is no denying that the nation will be pushed into new crisis in case the polls can not be held in peacefully.

Unity Vital

However, in the face of mounting skepticism, one can be fully assured that the vital poll can be successfully held, if the eight parties, the true representatives of the people, go for it in united manner right now. To do this, the ruling elite must rise above their narrow party agendas and must shake off petty interests.

Source: The Rising Nepal, August 27, 2007

CA Polls: Ball In Parties' Court

Prem N. Kakkar

IT is 89 days for the Constituent Assembly (CA) election. There have been some activities in the direction of meeting the deadline. In this, the Election Commission has been making the necessary preparations. It is also worried that the political parties that are the major players in the polls are not seriously taking up the issue. In fact, it is they who did the needful to announce the date for the polls. Now, they themselves are not hitting the campaign trail.

Differences

It is true that there are some differences among the eight-party members. Each have their own path carved out, yet they insist on unity. They do not want to break the unity, but they seem to be drifting away from the announced agreement. This is rather unfortunate.Due to the differences, the cabinet and the eight-party meetings have been far and few in between. In the past, there was great zeal, and the eight-party meetings were held on a regular basis. It is no longer the case. This has once again bewildered the people in general. The people had believed that once the date for the CA polls was announced, the political parties would shed their differences for a while and embark on the election trail. Despite reports of some parties sending their leaders to the villages and districts, the progress has been slow.In this connection, no party has so far come up with their election manifestos. Some leaders have said that their manifesto, to be focused on the political agenda, would be ready and out within 24 hours. But it is not as easy as said. It is not only the manifesto that counts, the people, too, have to be made aware of the importance of the constituent assembly.

Moreover, confusion still remains on how the voting process is to be done. The voters just do not have a clue as to how the election is to be conducted and how they would be casting their votes. It is the task of the political parties, concerned agencies and even the media to propagate the message.Looking at the present scenario, even the voters in the urban areas do not have much idea about how the votes need to be cast. The problem is further complicated in the rural areas. The majority still have the notion that the CA polls will be like the previous general elections. Though there has been tall talk, educating the voters and creating awareness about the CA is still a far cry. This seems quite a paradox when the country is heading for one of the greatest events in its political history.Instead of the political parties nudging the Election Commission to speed up the election preparation process, just the opposite is happening. The commission says that it has made the necessary preparations, including the placement of voting booths, but the political parties are not listening. It seems that the eight parties are only sorting out minor issues. Meanwhile, the Maoists have come up with their 22-point programme. It also states they are forgoing their peaceful movement. Coming as it does at this juncture, it seems rather unnatural. They may have their own priorities for doing so, yet as far as the agreement with the other seven parties is concerned, there has to be some adjustment. In fact, the present developments seem more like a conundrum, which the ordinary people cannot understand.

Moreover, the Election Commission has also made public the Code of Conduct and the election programme. So what are the political parties waiting for? No one seems to know except the concerned political party leaders.

Assurances

Once again, it rests on the political parties to untie the knot so that the people can rest assured that this time around there will be no backing away from the scheduled date for the CA polls. The party leaders have to be resolute in expressing their commitment for the polls. If they do not, then the days ahead will be quite difficult and will only give the regressive forces the opportunity that they are looking forward to.

Source: The Rising Nepal, August 24, 2007

Maoist 22-Point Demand : Way To The Future

Vijaya Chalise

Following the Communist Party of Nepal-Moist (CPN-Maoist) protest programmes to press for its 22-point demand put at the eight-party meeting, some of the political leaders are saying that it could have an adverse impact on the peace process. The 22-point proposal to ensure that the CA polls are held on November 22 includes, among others, the declaration of a republican set up, proportional election system, round table conference with the different interest groups and implementation of the comprehensive peace agreement.

Pressing demands

One can presume that two of the demands are particularly pressing - declaration of a republic and a fully proportional election system. The party wants the proclamation of a republic by the Interim legislative parliament prior to the CA elections as it sees the monarchy as the main hindrance to the CA polls. Similarly, the Maoists believe that the state should first address the issue of the various indigenous, ethnic and Madhesi groups, and a round table conference alone could address their demands. Obviously, a round table conference might be a suitable way of assuring full representation of the oppressed ethnic and indigenous nationalities, women, dalits and Madhesis. The statement issued by the CPN-Maoist states that in the past, the party had shown flexibility over its demands for a republican set up and a federal structure for the country as well as proportional election system so as not to disrupt the peace process. However, the events following the developments in Madhes have shown that the CA poll is not possible unless the proportional representation of all the marginalised classes, castes, regions, communities and genders and civil society is ensured, the statement says.

However, some leaders from different parties argue that it was not necessary to come up with the demands as the eight parties have agreed to carve the country's political set up after the CA polls. They fear if the demands are not fulfilled it might have an adverse impact on the peace process, including the Constituent Assembly election. They even accuse the Maoist party of trying to stall the CA election by launching the protest program. But as the credit for declaring the Constitution Assembly elections and high people's awareness about it goes mainly to the CPN-Maoist and its long people's movement against feudal regimes in the past, doubts about their stance on the CA polls are irrational.Although the Constitution Assembly polls are now just 89 days away, most of the political parties do not seem to be mentally prepared for them. They have not prepared their election manifesto, although the CPN (UML) has formed a committee to prepare one. The Nepali Congress has not even formed a committee to draft the party's manifesto as they are waiting their unification. The Nepali Congress and Nepali Congress (Democratic) want unification prior to the polls as they think the NC will not wield enough influence if they go separate ways.

The Maoists, on the other hand, have reached a conclusion that the CA poll could face many hurdles until there is the existence of a conservative feudal institution, which sounds realistic. For this reason, the Maoist party has demanded the proclamation of a republican state. Obviously, until there is a power that is always creating obstacles against radical changes in the country, there cannot be a favourable environment for the CA polls.Undeniably, not only Maoists but all the people, including the political parties, should be aware of the reactionary forces that are busy conspiring to foil the achievements of the people's movement-2. Though the May 18 (2006) historic declaration of the House of Representatives (HoR) has confirmed the supremacy of the Nepali people, by giving a permanent structure of a republican federal democracy, the people are not fully assured.Thus, the need to bid farewell to the authoritarian elements from the national political arena cannot be denied. Therefore, as soon as the major political parties realise this objective reality, the aspiration expressed by the people through the historic Jana Andolan last year can be fulfilled. No one should, therefore, be hesitant about proclaiming the country a republic prior to the CA polls.

The need of the hour is not a verbal commitment. The need is of creating an honest environment that is favourable for holding the elections successfully. As time is running short, the political parties should realise that they have not yet been able to inform and educate the general mass about the importance of the CA poll from the political perspective. The parties and leaders must work hard to make the people aware about the importance of the Constituent Assembly elections. The CA polls are the main entrance for epochal changes and in the creation of a new Nepal. Obviously, there is no alternative to a republican democratic system. The current scenario presents evidences that conservative feudal forces led by pro-palace factions have been instigating different elements to derail the polls and create anarchism in the country.

Lasting Solution

This provides an opportunity for foreign forces to convert Nepal into a playing ground. Keeping this in mind, it is time for the political parties to come out with their manifestos so as to intensify the debates and discussions on the future of the Nepali state under a new republican constitution. It is a high time to seek a lasting political solution, as people are pinning high hopes on the success of the peace process, with all the political forces of the country, including the Maoists, expressing flexibility in their past stances. One hopes the meeting of the eight-party leadership will sort out their differences and stand united to fulfill the people's aspirations.

Source: The Rising Nepal, August 24, 2007

Hindu righteousness

Not this king, but India’s religious right still wants the monarchyc

Prashant Jha

India’s Hindu right which has been traditionally sympathetic to the monarchy and opposed to Nepal going secular is split about Nepal policy. There are differences in approach between the Rastriya Swayamsevak Sangh (RSS) and the Bharatiya Janata Party (BJP). about the political approach to Nepal. The RSS is reassessing its past policy on the future of the monarchy and say putting all their eggs in the royal basket was not a wise move. Besides being a Hindu king, they believed only the king could fight the Maoists. Now, senior RSS leaders admit the erosion of the king’s credibility in Nepal has damaged them as well.

We depended on proximity with the king for our influence, now with the king gone we have lost our strength on the ground,” one senior RSS leader told us. Despite this, the RSS would like the institution of monarchy to remain. While more radical groups in the Vishwa Hindu Parishad still hope for an active monarchy, most in the Hindu right in India know that the days of an assertive king are gone.

"We would be quite happy if the institution remains, it is a symbol of unity and is the only Hindu monarchy in the world. We know Gyanendra and Paras are unacceptable but then the grandson formula could work,” says an RSS leader who has tracked Nepal for decades. BJP leaders, including Atal Bihari Vajpayee, have said they will not actively push for retention of monarchy, and will decide on their stance based on the public mood in Nepal. The rightwing in India has kept the channels of communication open with king Gyanendra who has met three intermediaries in the past few months: a former minister from Tamil Nadu close to the RSS, a journalist with a Delhi-based pro-BJP paper, and a former intelligence official. All have returned with the impression that the king is relatively calm but at a loss about what steps to take. It appears he has been advised that a four month retreat, possibly a pilgrimage to India, would be in his interest as this would take the sting off criticism that he is obstructing elections.

More than saving the monarchy, the RSS wants to contain and curb Maoist influence and begin a political campaign in favour of reverting to a Hindu state. It is on these two issues they are willing to invest energy and capital, not on the monarchy. Utterly convinced of Maoist insincerity, the Indian right is, contrary to popular perception, keen on constituent assembly elections. The RSS is convinced that the Maoists would fare miserably and see the polls as the right way to expose them. They believe that Maoists are keen on derailing polls and using the ensuing uncertainty to organise violent street agitations. Like many others in India, the RSS was happy with the madhesi movement because it eroded Maoist support along the border. On the ground, especially in Raxaul and Gorakhpur, some RSS activists provided support (political, logistical, and possibly, limited financial help) during the movement through the Seema Jagaran Manch, a front organisation. Upendra Yadav has met senior BJP leaders in Delhi through RSS interlocutors.

But this support is limited and they neither have the will nor capacity to drive the movement. “We realise there is limited benefit for us out of the madhesi agitation. There is a crisis of leadership. Upendra Yadav is playing too many games with too many people and can’t be trusted. No madhesi group is willing to boldly say they are for a Hindu state. "What’s in it for us?” asks an RSS activist. The RSS’ opponents tend to over-estimate its strength, and even the RSS leaders know their capacity to influence domestic politics in Nepal is limited. But its leaders are aware there is strong sentiment in Nepal opposed to secularism. For now, the Hindu right in India is waiting for a strong anti-Maoist leader with a popular base who can publicly declare he is for a Hindu rastra.

Source: Nepali Times, Issue No. 363, August 24-30, 2007