End Impunity

THE United Nations Office of the High Commissioner for Human Rights (OHCHR) has expressed satisfaction over the efforts of the government to improve the human rights situation in Nepal after the success of Jana Andolan II last year. Issuing a statement on the occasion of the first anniversary of the April Uprising that restored democracy and human rights, the OHCHR has demanded that those who were responsible in suppressing the people's rights should be punished to end the culture of impunity in Nepal. It is absolutely true that the culture of impunity must end, and all those responsible for human rights abuses must be brought to book. The tendency of impunity has continued in Nepal, which is one of the reasons for human rights violations at different times. After the 1990 political change, there had been a demand from human rights activists and civil society members to punish those who suppressed the people's movement and violated the rights of the people. The Mallik Commission, the panel formed to investigate the atrocities during the 1990 movement, had clearly pinpointed at some people responsible for violating human rights, and had recommended necessary action against them. However, the governments formed after the 1990 political change could not take any action against them. These people again became active during the king's authoritarian regime and suppressed people's rights. Had action been taken against those pinpointed by the Mallik Commission, the king would not have dared take over power.

We must now learn lessons from the past. The Rayamajhi Commission has also found some people guilty of suppressing the movement last year and violating human rights. Thus, it is necessary that action be taken against them so that the culture of impunity is ended once and for all. All previous atrocities and human rights violations must be thoroughly investigated and action taken against the culprits. Against this background, there has been a demand for the ratification of the International Criminal Court, which is popularly known as the Rome Statute that deals with investigation into the atrocities perpetrated on the people and punishment for the perpetrators. Nepal so far has not ratified the Rome Statute, as a result of which the international criminal investigation body has not been authorised to probe crimes against humanity and book the culprits as per national as well as international humanitarian and criminal laws in Nepal. Now this treaty needs to be ratified as early as possible. Although there has been marked progress in the human rights situation after the establishment of Loktantra, Nepal, as stated by the OHCHR, needs to be done to institutionalise these achievements on the human rights front.

Source: The Rising Nepal, April 26, 2007

Lethal seduction

The one week’s deadline given by the home ministry for all individuals, groups or parties in illegal possession of arms and explosives to surrender them lapsed about three weeks ago. But hardly anybody volunteered to turn in the lethal contraband. At that time, the general public, fed up with the government’s helplessness in dealing firmly with violence, had thought that at last the government sounded serious. Prime Minister Girija Prasad Koirala, too, had said shortly earlier in Biratnagar that the interim government, soon after its formation, would first set a deadline for the surrender of illegal arms and then move to crack down on the defaulters. In declaring the CA polls impossible by June, the question of security was also cited, along with the time constraint. Of particular concern is the resort to arms by several armed groups in the Tarai in pushing their agendas. Through two prime ministerial addresses to the nation, the government had addressed the principal demands raised during the Madhesi agitation, besides making an appeal to them to sit for talks to resolve other grievances peacefully.

But the talks are yet to take place, mainly because of the pre-conditions set by the Madhesi groups and partly because of the government’s apparent indifference. There are also certain agitating Janajati organisations, and currently a new organisation of the Chure-Bhavar Pradesh are enforcing a bandh in the Tarai. The Chure-Bhavar Region Unity Society says it has awakened to the need to protect the existence of the people of hill origin victimised by the agitating Madhesi groups. It is reported to insist that the government should, first of all, fulfil some of its dozen demands as a confidence-building measure for talks. In a democracy, all individuals and groups have the right to make their voice heard through peaceful protests. The government should respect this right. But when protest degenerates into violence, abductions, intimidation, arson, or soured communal relations, the government needs to get serious and respond effectively to protect the rights of the ordinary citizens and the interests of the nation as a whole.

It is here that the government has been particularly weak and unclear. The issue of which of the demands can be fulfilled immediately, which require more time, which can be decided only by the constituent assembly, and which are simply out of the question has to be dealt with. Jana Andolan II entrusted the CA to provide answers to all major disputes; nonetheless, it is imperative that the government decides what falls within the CA jurisdiction and what it can itself immediately do. But it seems to be a prisoner of indecision. Therefore, neither a peaceful settlement is visible, nor the government has mustered the courage to deal firmly with gun-toting militant groups in the Tarai. So, chaos, uncertainty and fear continue to reign supreme in that part of the country, besides affecting life elsewhere in various ways, such as the disrupted supply of essential commodities. The longer the inaction, the worse likely are the problems to become.

Source: The Himalayan Times, April 26, 2007

Martyrs Remembered

PRIME Minister Girija Prasad Koirala, addressing the special function organised at Sainik Manch, Tundikhel to mark Loktantra Day on Tuesday paid heartfelt tributes to the martyrs, reiterating that national integrity, mutual amity and consensus would help realise the dream, intent and duty assigned by the martyrs. In fact, the sacrifices made by the martyrs and the people's spontaneous participation in Jana Andolan II were the bulwarks on which success was achieved for the reestablishment of democracy and the reinstatement of the House of Representatives. That paved the way for further political developments to take place in the past one year since the successful people's uprising. Prime Minister Koirala also made it clear that the historic achievement had been possible only through the relentless struggle of the people and underlined the fact that the gains made cannot be hijacked by anyone. This commitment to safeguard and further the cause of democracy are justified as now sovereignty is vested in the Nepali people, and the supremacy of the people has been established. To celebrate the first anniversary of Jana Andolan II, various programmes were held throughout the country including processions that had the participation of people from all walks of life. In the mass meetings organised, the focus was not only on the achievements made but also on the shortcomings that have been seen, including the delay in announcing the date for holding the constituent assembly elections.

On the same occasion, a mass meeting was organised by the civil society, which had played a significant role during the April revolution, at Basantapur Square. Various political leaders stressed the fact that the movement for full-fledged democracy had continued till the goals were achieved. They also spoke of the need to face the challenges standing in front of them. In the forefront lies the holding of the CA polls that will draft the constitution, which will be all-inclusive and set a new course for realising the dream of a new Nepal. It has been a year since the new dawn began with the success of Jana Andolan II, but there is disgruntlement over the slow pace with which the government is moving forward. But there is agreement that the transitional phase is one of the most difficult times that a country has to pass through. In this the need is for unity among all the democratic forces and consensus on issues of national importance. If this exists, then a small delay cannot cause much harm. The most important thing at the moment is for unity to be maintained among the eight political parties so that the regressive forces are neutralised and cannot raise their heads against the gains of the people and the country in the past one year.

Source: The Rising Nepal, April 26, 2007

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