Nepal should resolve Terai issue fast

Paul Soren

Nepal’s peace process advanced rapidly with signing of the Comprehensive Peace Agreement (CPA) by the government and Communist Party of Nepal-Maoist (CPN-Maoist) in November 2006. The government has also promised to hold Constituent Assembly (CA) elections by mid-June 2007. This process, however, has been seriously interrupted by the Terai uprising on Madhesh issues, which has shown the potential of derailing the peace process and delaying the constituent assembly elections.

Nepal’s continuing transition from a despotic royal regime to a democratic system has been challenging. The Madhesi Janadhikar Forum (MJF), a Terai based group has been agitating and calling for strikes, claiming that the interim constitution does not address the problems of the Madhesi people. They have been demanding the restructuring of the state on federal lines; adopt proportional electoral system and delimitation of election constituencies on basis of population ratio and geographical conditions. Two other armed groups, the Janatantrik Terai Mukti Morcha (JTMM), one faction led by JayKrishna Goit and another by Jwala Singh, are continuing violent activities, demanding declaration of an independent Terai state and threatening to withhold the CA elections. Both the JTMM factions are splinter groups of the Maoists. In the wake of Terai agitation, other groups such as the Nepal Federation of Indigenous Nationalists (NEFIN) and Himali People’s Alliance (HPA) a group of the mountain region, are also demanding proper representation for the CA polls on ethnic lines. Likewise, the Federal Republican Forum (FRF) of Jhapa has started demanding for a regional autonomous area for Jhapa district.

The Terai uprising has reached a very critical stage, with sporadic incidents of violence and protests leading to the death of more than 27 civilians and injuring dozens in Nepalgunj, Biratnagar, Birgung, Lahan, Morang, Sunsari and Sarlahi, Jhapa in Eastern Nepal. The Terai unrest has also severely paralyzed the country’s economy. Most of the industrial and manufacturing units based in this region have been forced to shut down. The major transit points for trade, between India and Nepal wore a deserted look, with all business activities coming to a halt. The unrest also impacted the tourism sector, which was reviving after years of prolonged conflict. The Federation of Nepalese Chambers of Commerce and Industry (FNCCI) estimated a loss of NR 28.74 billion, which includes all kinds of exports and imports of raw materials and finished products. As a result, if the unrest continues, it will have significant impact on the country’s economy and development sectors. Now, there is lull in violence, but the Terai groups have threatened to continue their protests.

The Madhesi uprising is also being instigated by some other forces from within and outside the country. Taking advantage of the fragile condition, the pro-royalists are trying to fish in the troubled waters. Prime Minister Girija Prasad Koirala, Maoists’ chairman Prachanda and other senior leaders have said that the Madhesi uprising was instigated by the royalists. In this connection, two former ministers Kamal Thapa and Badrinath Mandal were detained. The monarchy seems to be taking advantage of the incessant turmoil and trying to reestablish itself. In his address to the nation on Democracy Day, King Gyanendra defended the royal takeover of 2005.

There are also external forces, with their hidden agendas, backing the monarchy and pro-royalist in fuelling the Madhesi uprising. The Indian Rightist groups are instigating the Madhesi uprising by fuelling religious sentiments. The World Hindu Federation (WHF), a Hindu fundamentalist group, Shiv Sena-Nepal and Nepal Independent Youth Society (NIYS) are fuelling religious sentiments. The WHF and Shiv Sena Nepal have expressed displeasure at Nepal's transformation into a secular nation. These Hindu fundamentalist groups in Nepal are being strongly backed by Indian Rightist groups. They have been demonstrating and demanding for return to pre-Jana Andolan period. All these forces want to disrupt the CA polls and derail the peace process.

The Terai problem is nothing new and has its genesis in history. There are reasons for agony among the Terai population, consisting mainly of the Madhesis, Janjatis, backward castes, Dalits, women and other marginalised groups. The Madhesi community constitutes more than 40 per cent of the total population and contributes a large share in country’s development. Despite contributing a large share in development process the region has been neglected. The Madhesis remained marginalised for several decades and are deprived of many rights, including citizenship right. The present government has initiated efforts to distribute citizenship certificates, but the process has been slow. The Madhesis have been alienated and discriminated in political, social, culture and economic affairs. They have been under-represented in the state affairs, particularly, in policy decision making levels. At the political level, Madhesi community, along with other marginalised groups have been under-represented. Their representation in national parties is highly inadequate. They face discrimination in army recruitment and other government jobs. For long, the state affairs have been held and dominated by the high-caste people of hill origin and Madhesi community have been struggling in search of identity. Post Jana Aandolan II, the Madhesi community has become more conscious of their rights.

After continuous rounds of meeting, the eight parties reached an accord and authorised the Prime Minister Girija Prasad Koirala to act on the Terai problem. During his address to the nation on January 31 and than on February 7, 2007, Koirala called on the protesting Terai groups for dialogue. The government has agreed to resolve their grievances by addressing issues of federalism, ensuring equal participation and representation of Madhesis, Janajatis, Dalits, women and other marginalised groups in the CA polls, delineation of electoral constituencies and amendment in interim constitution. The government has already appointed its talk’s team led by Minister of Agriculture Mahanta Thakur, who wrote to the agitating groups to sit for talks and find a peaceful solution to the problem. The MJF responded positively, suspended its agitation and put forward three pre-conditions for talks. First, to form an independent investigation commission, second, to punish the guilty, and, third,, to remove Home Minister Krishna Prasad Sitaula within ten days. After expiry of the deadline, the MJF has resumed its agitation and declared fresh round of protest programmes in Terai. The JTMM (Singh) has also put forward conditions for talks, whereas, the JTMM (Goit) faction has rejected the government’s offer for talks in the absence of a conducive atmosphere.

There is an urgent need for the government and agitating groups to sit for dialogue. On its part, the government has attempted to take a serious and holistic approach to resolve the issues. However, the MJF is adamant in its position and wants the home minister to resign. But it is imperative for the MJF, JTMM and other Madhesi stakeholders to resolve their genuine problems through dialogue. It is also vital to maintain peace and tranquility, for ensuring proper restructuring and creation of an inclusive state. More importantly, return of normalcy will enable smooth conducting of the constituent assembly elections in the country.

Social transformation is a very complex process, which includes not just the state restructuring process but also changes in customs, principles, approach and socio-economic aspects of all sections. Nepal is in transition -- from a feudalistic socio-political arrangement toward a new inclusive and representative democracy. With the promulgation of the interim constitution, Nepal is heading towards creating an inclusive democracy. The main challenge before the government is how it effectively bridges all the differences of gender, caste, region, religion and different political philosophies.

The government has to act fast, taking into account the genuine demands of the Madhesis and other marginalised groups. The Terai problem should be addressed comprehensively and on a priority basis. If the unrest continues, it will allow the monarchy, pro-royalists and other forces to disrupt the peace process. The government and other stakeholders have to ensure that the acts of violence carried out in the past are not repeated. Any further delay in resolving Terai problem could threaten Nepal’s new found peace.

Source: Observer Research Foundation, February 27, 2007

Nepal struggles along path to democracy

Steve Herman

Nepal has suffered through 10 years of a violent communist insurgency, and a coup by the reigning monarch. Now, precisely one year after mass protests forced King Gyanendra to relinquish absolute power, the Himalayan kingdom is struggling to implement a form of democracy that could embrace both the former communist rebels and a monarchy. VOA Correspondent Steve Herman was in Kathmandu and brings us more on the story. A year ago, it looked like peace had returned to Nepal. The king had given into popular demands he surrender the power he had taken by force in 2005. The Maoist rebels and mainstream parties - which had joined forces to neutralize the king - were on the way to a peace agreement that would end 10 years of bloodshed.

The peace deal was indeed signed last November, elections were set for this June, Maoists rebels formed a political party and joined the interim government this month holding several cabinet positions. But problems quickly set in. The election for a constituent assembly to draft a new constitution has been delayed - with no new date set. The Maoists - opposing the delay - have resumed the push for their key objective: to have the monarchy abolished immediately. If it is not met, they are threatening that their political cooperation with the mainstream parties and participation in the current interim government could be cut short. It is not a threat to be taken lightly. The United Nations Mission in Nepal - which is helping to disarm the Maoist rebels and prepare for elections - says the Maoists continue to hold influence in the countryside - where they still engage in human rights violations and intimidate the civilian population. The U.N. Mission says the Maoists are not yet in full compliance with the November peace deal.

But Maoist leaders insist they are now committed to pushing their agenda through democratic means and that will take a little time. Commander Ananta, a member of the Maoist central committee, says the Maoist leadership is trying its best to halt all torture. He says any incidents are minimal at this stage, and that for the past several months, the Maoists have stopped cadres from extorting money from merchants and other business people. But Nepal's democracy hinges on more than just the future of the monarchy. While the king's power grab was the catalyst that united the opposition with the Maoists, there was little that Nepal's political parties could agree upon beforehand. This past year has already seen the king stripped of most of his authority and any future role for the monarchy - if any - is likely to be small. So attention will now turn to other issues and whether an uneasy coalition government with such diverse agendas can work. Sociologist Krishna Bhattachan, of Tribhuvan University, argues that many Nepalese remain skeptical about the peace pact and the ability of the various parties to resolve their differences.

"It's not comprehensive peace, and the peace is in paper, not in the hearts and minds of the people," said Bhattachan. "What happened with the Maoists, is along with the arms, they gave up the core issues. Obviously there are groups who will not be satisfied as long as they don't get due rights." The U.N. and United States say they want to see Nepal's interim leadership focus on holding together the fragile peace and organizing the country's first elections in nearly a decade.
U.S. Ambassador James Moriarty warns of the ramifications if the country cannot be held together. "If you do see the state splinter, which could happen - if people do not listen to the demands of the various marginalized groups, or if you end up with a totalitarian state eager to export its revolution - you could destabilize a neighborhood that is hugely important for the future of the world," he said. Critics say neither the Maoists nor the others in the political mainstream are addressing a comprehensive political agenda for the country's future. Instead, the critics say, the parties continue to bicker, in an attempt to secure power for themselves.

Source: Relief Web, April 23, 2007

Public Security

When seven parties in government and the Maoists from outside government seek to dictate terms on a nation on the strength of the ‘people’s movement’ and with the national media taking this as the lone will of the people of Nepal there is bound to be something amiss. The movement last year restored parliament with the promise of elections to a constituent assembly that was to form a new constitution for the country with mass participation in elections. Since then the choices offered to the people in the forthcoming elections have altered radically with even the restored parliament replaced on the strength of an altered constitution imposed at will by eight political parties which have aroused the expectations of the people in order to woo participatory mass support. Wanton use of political violence and the fielding of cadre of which SPAM is certainly not short of appear to have seriously undermined the state’s civil machinery for law and order to the extent of damaging its security capabilities.

The very parties in government would when convenient use the Maoist machine to spearhead demonstrations to remind the people of their presence and reaction has been underplayed in a media far from professional in their support of the current goings on. Lest there be a total breakdown of the state machinery, the media, instead should be educating the body politic of the real ongoing consequences of such highly partisan use of state. The Rautahat incident must be thoroughly analyzed for one both as to the cause and the consequences. Is it that the local administration could deny neither parties involved the same spot for their mass demonstrations simply out of its inability to assert its presence? Why did the Maoists seek and were allowed the same forum that the terai agitation had sought much earlier? Why did administration not chose to separate the two or even anticipate the violence? These and much more questions are provoked from the incident which, if viewed in proper perspective, would seem to signal the possibility of more such breakdowns engineered simply with partisan interests. Spontaneous reaction on part of the people need not necessarily conform to government or Maoist interests. Nor need such necessarily encourage national interests for law and order. There is reason for reason at a time when we seem to have lost it. All one can call for is the need for law and order and public security. As it is, the partisan media can no longer cover us the public sense of insecurity.

NEPAL: A YEAR AFTER ‘PEOPLE'S MOVEMENT’ SPARKED CHANGE, UN ENVOY HAILS PROGRESS

One year after democracy and human rights demonstrators sparked a series of events that led Nepal to embark on a peace process, the senior United Nations envoy there today said the determination of the country’s people to ensure its success remains a cause for optimism.

“This is a key moment in the peace process in Nepal,” said Ian Martin, Special Representative of the Secretary-General in the south Asian nation of 27 million people. Mr. Martin heads the UN Mission in Nepal (UNMIN), which is mandated to support Nepal’s peace process by monitoring the arms and armed personnel of the former adversaries and by assisting the election for a Constituent Assembly.

A decade-long armed conflict which brought a death toll of 13,000 and paralyzed life in the countryside came to a formal end with the signing of the Comprehensive Peace Accord last November. A year ago this week, a 19-day “people’s movement” which saw hundreds of thousands of people take to the streets in cities and towns across the country culminated in the king relinquishing executive power and reinstating Parliament.

In the 12 months since, the peace process has unfolded rapidly. The alliance of seven political parties and the Maoists set an ambitious timetable leading to the election of the Constituent Assembly. In December last year the Security Council authorized an advance deployment of arms monitors and electoral advisers. On 23 January, UNMIN was established with a 12-month mandate. “The management of arms and armed personnel has gone very well, with both the Maoist army and the Nepal Army cooperating with the United Nations in the registration and storage of weapons and the registration of Maoist personnel,” said Mr. Martin. Over 30,000 Maoists have been registered and remain in cantonments monitored by the UN, while the Nepal Army remains in its barracks. The first phase of this process was completed in mid-February. “This has contributed to establishing a climate for progress in the peace process.”

The former insurgent Maoists joined a new interim legislature in January, and in April entered the new Interim Government, heading up five ministries. “At the start of 2006, nobody would have thought it possible that Nepal could have come so far so quickly. At that time, the armed conflict was raging in the countryside and democratic rights were under attack,” Mr. Martin said. Nepal’s independent Election Commission recently announced that the planned June date for the election was not technically feasible, and that conditions for a free and fair election were not yet in place. This has caused concerns among Nepalese political parties, which have yet to decide upon a new date. “A delay in the planned June election should not be considered a disaster, but neither is it a guarantee that a later date will lead to a successful election,” noted Mr. Martin. “There are valid concerns that a delay in the Constituent Assembly election could open space for spoilers. It is important now that the Interim Government, political parties and civil society cooperate to ensure public security and a climate where parties and individuals can campaign freely and vote freely.”

It will also be important that the Interim Government uses this time to deal with issues raised by the diverse range of groups which have been traditionally marginalized, according to UNMIN. In the southern plains of the country, an area known as the Terai, strikes and demonstrations have been almost continuous in recent months and over 60 people have lost their lives. “Inclusion is another key issue in the success of the peace process,” explained Mr. Martin. “This election is not just an election for one parliament and government: it is for the one-time Constituent Assembly, which will determine the very nature of Nepal’s future democracy.” The envoy emphasized that the electoral system must be accepted by all groups as broadly fair. “Traditionally marginalized groups must feel that they have been properly consulted and listened to, so that they have a motive for cooperating rather than wanting to boycott or wreck an election,” he said.

Also today, the Office of the UN High Commissioner for Human Rights (OHCHR) in Nepal issued a statement welcoming the progress achieved since the movement began last April while cautioning that more must be done, citing the need to address accountability and the right to justice of the many who have suffered violations or abuses at the hands of the State or the Communist Party of Nepal-Maoist (CPN-M), both during and after hostilities. OHCHR-Nepal paid tribute to the role played by human rights defenders both during and after the people’s movement, known as Jana Andolan. “They continue to be vital partners for the Office in its daily work,” the statement said.

Source: MaximsNews, UN, April 24, 2007

NEPAL: LOKTANTRA’S ACHIEVEMENTS AND FAILURES

TGW
Kathmandu: The advent of what is called the Loktantra, a copied name for democracy, in Nepal is already one year old now.
Analysts here wish to analyze the achievements and the accompanying failures that “we the people” witnessed during the past one year.

Let’s go first to record some of the positive points of Loktantra which is visible.
Firstly, the King who was considered to be an autocratic ruler has been sidelined. In doing so the Loktantric leaders presume that the King will now not dare to stage a comeback. They conclude that the King’s wings have been cut once and for all. Some even say that he has been suspended. Other enthusiasts claim that the monarchy stands as a defunct institution. In what form or state the institution of the monarchy is in the country, let it be a matter of food-stuff for the intellectual debate. But then yet the fact is that King is not in politics and not even is seen in the Idiot box as he used to be in the not so distant past.

Secondly, the Seven Party Alliances brought, or at least claim to have done so, the Jungle dwellers to the mainstream politics. Good omen indeed. However, it is an altogether a different matter that the Maoists just claim otherwise. They beamingly claim that it is not the SPA who brought them to the mainstream politics of the nation but instead they brought the SPA to their “republican” fold. This Maoist’s claim some what is identical to what the US Ambassador James F. Moriarty said February 15, 2006 at a Rotary Club ceremony. He has hinted that the SPA went to the Maoists fold. Any way, let’s give plus point to the advent of Loktantra that it some how or the other brought the tigers of the Nepali jungles to Kathmandu.

Thirdly, the SPA’s untiring efforts made in the mean time tied the Maoists through the use of several peace agreements which to behave in a democratic manner. This was no less an achievement indeed. Here again, how mush weight the Maoists give to those scores of agreements in due course of time is a different matter indeed. But then this was a political gain bagged by the Loktantra system.
Fourthly, the indomitable Maoists were brought into the interim parliament and that too in a quite sizeable chunk. Whether the seats allocated to the Maoists at one stretch in the parliament was more than desirable or not would come to the open in a matter of months if not days. Nevertheless, the Maoists smooth entrance into the Parliament provided the impression that the Maoists will now act as per the norms and the values of a democratic system. It is altogether a different matter that the Maoists parliamentarians have been disrupting the house proceedings since a couple of days and that too in series. Nevertheless, with passing time, let’s hope they will correct the political aberrations seen aplenty in them.

Fifthly, the most valuable achievement that the Loktantra bagged for the system itself was the “grand” induction of the erstwhile erratic terrorists-turned democrats into the interim government. It is again a different matter that such an induction into the interim government took place on the great “April Fool’s day”. Whether the said induction of the Maoists on that very day would benefit the Loktantra or would be otherwise will have to be watched. Any way, this was the most notable event that the system bagged during the last year. However, the process though was long for the Maoists to get inducted in the cabinet, better late than never, they entered into the cabinet.

Sixthly, the advent of Loktantra in Nepal invited congratulatory messages from across the entire world wherein it has been hoped that the new system would act for the welfare of the people. Whether this new system acts as per the wishes of the people or at best remains hostage to the whims of the corrupt leaders that they are will have to be watched.

Seventhly, the new system allowed the oppressed and the rejected ones plus those who had been denied their due participation in the system of governance in the past to open up which was a most welcome move. They at least could put their grievances in front of the government. The healthy debate is on which must be hailed.

Now let’s ponder over the negative points.
Firstly, the advent of Loktantra established a sort of “dictatorial” pattern.
Secondly, the Loktantra what we have today in the country remains unfortunately in the “pockets” of the SPA alliances and more freshly of the Maoists.
Thirdly, the Loktantra and its leaders have been treating the other political parties, not in the alliances, as “untouchables” which contravention of the universally accepted and adopted democratic norms and practices.
Fourthly, the ushering in of Loktantra opened the Pandora’s box which if not managed on time and with proper finesse might become the reasons for its demise as well.
Various sects, tribes, groups, communities, the dalits, the women folks, the Janjatis, the Madheshis, and the Chure-Bhawar locales all came to the streets at a time giving no space for the establishment even to breathe.
Fifthly, the dawn of Loktantra was interpreted by the leaders that suited to their political benefits.
Sixthly, the new system even paved the way for spreading communal discord among the population which was unprecedented in this country in the past.
Seventhly, the advent of Loktantra unfortunately allowed some self-proclaimed messiah of certain tribes and groups to take the laws in their own hands and create panic and chaos in the country.
Eighthly, Gaur carnage could be cited as the best and number one abject failure of the new system.
Ninthly, the entrance of the Loktantra very unfortunately facilitated India and some other countries to directly intervene into our most exclusive “internal matters”.
Tenthly, the Loktantra interim constitution has a provision of ousting the King by a 2/3rds majority if the King dares to play politics against the system. However, what the liberal Loktantrik leaders forgot that the same point could boomerang on them should the overwhelming majority of the REDS so desire? They can thus easily sack Koirala from his current post. The REDS possess the needed and the required numerical strength in the parliament which could be used for the ouster of Koirala. The congress must understand as to why the REDS are coming closer.

Source: Telegraph Nepal Weekly, April 25, 2007