Abandon Strikes

The unrest in Madhesh and Bhabar has not come to an end. The strikes and stoppage of work have been resorted to time and again. Though there has been a noticeable improvement in the law and order situation across the country, Madhesh and Bhabar are yet to return to normal. But what should be appreciated is that the Maoists have abandoned their armed pursuit of politics. They have committed not to pursue violence for any political ends. Moreover, they have joined the interim parliament and, consequently, the interim government - a long journey from conflict to conciliation. The problems that the country had faced due to the conflict have been resolved despite some minor aberrations and obstacles here and there. It is indeed an obligation on the part of the groups and organisations to learn from the examples set by the Maoists and renounce violence and agitational politics to pursue the cause of peace and harmonious coexistence.

However, the Madhesh and Bhabar have neither listened to the call for dialogue nor learned to refrain from indulging in agitational politics. They are tendentiously becoming used to calling transportation strikes and setting blockades along the highways as a result of which people travelling along the long route are forced to halt and be stranded for several days. Subsequent to the three-day strike called by the Madhesi Janadjhikar Forum last week, the strikes and agitation called by the Chure Bhabar Ekata Samaj in some of the districts from the central and eastern region has affected life seriously. What is disconcerting has been the death of an agitationist on Saturday in clashes with the armed police in eastern Terai. In the same way, several others were hurt. It will be relevant to note at least three dozen people have been killed in the movement called by the Madhesi Janadhikar Forum. Since the country has moved ahead towards addressing the needs and aspirations of the people and the date for the constituent assembly polls is being announced soon, all should bear patience and provide cooperation to the government in making the democratic exercise a success.

Source: The Rising Nepal, April 30, 2007

Peace Process Praised

THE interest of friendly countries and international agencies to see a stable, peaceful and prosperous Nepal is evident. Despite the support and cooperation coming from them, it is clear that the Nepali people themselves know very well to resolve their own problems. It is the moral support that must be forthcoming from them in the Nepali people's endeavour to keep their house in order. In this, the support extended by the United Nations is praiseworthy. Its help has become very much a part of the ongoing peace process in the country. A year after the April uprising, United Nations Secretary General Ban Ki Moon, in his Nepal report to the Security Council, said that Nepal's peace process has made rapid advances though questions remain about the registration of the arms and armies. He was referring to the complex questions regarding the monitoring of the arms and armed personnel. Herein, it may be worthwhile remembering that the first phase of the registration and storage of the weapons and combatants of the Maoists and the arms of the Nepal Army has been completed with the help of the United Nations.

He also said that the upcoming constituent assembly elections ought to be conducted in a manner that reflects the "genuine will" of the people. It must be noted that in all the political developments taking place in the country, the concerned political parties must also be praised as they have always gone for a consensus on contentious issues. Though there is a lull at the moment, it is hoped that the eight parties will sit down together and come up with decisions on the lingering question of fixing the date for the CA polls. Positive signals have emerged in the past few days that the eight parties will gather and discuss the various problems that have emerged. All the political leaders have suggested that the unity of the eight parties must be maintained in the present situation so that a safe path can lead to the elections. It is high time all the present issues were sorted out at the earliest so that the stage can be set for announcing the date of the polls. It is hoped that the eight party meeting will take place in a day or two so that the people will rest assured that things are moving as desired according to the mandate given to the parties with the success of Jana Andolan II last year.

Source: The Rising Nepal, April 30, 2007

Third Country Resettlement : How Durable For The Refugees?

T. P. Mishra

FINALLY, the America's offer of third country resettlement has given rise to a lot of debate. Despite several attempts by the refugees to oppose it, the US and some western countries seem committed to expediting the process of resettlement latest by early 2008.Besides the formation of a core group comprising 14 of the world's biggest democratic countries, the Overseas Processing Entity (OPE), one of the latest concepts in backing up the process of third country resettlement, is planning to set up its office at Jhapa and in Kathmandu in July.This very information was revealed by two senior US officials, Lawrence Barlett and Janice S. Belz - assistant directors of the Department of State's Bureau of Population, Refugees and Migration of the U.S. government - during their interaction with the refugees at Goldhap camp on April 25.

Faction

Since the time when the third country resettlement package was brought up, it provoked factions among the refugees - individual opinions can be distinctly seen divided into different groups. Literate youths among the Bhutanese refugees favour third country resettlement. The other elderly, illiterate groups want to get repatriated as they say they have worked hard and sweated a lot to bring Bhutan into its present state. Not only this, a section of the people living inside the refugee camps have already obtained Nepalese citizenship certificates. They were able to obtain Nepali citizenship after the government of Nepal decided to issue citizenship certificates to four million people prior to the constituent assembly (CA) polls. This ironically leaves a clear message that a portion of the refugees are even willing to get locally assimilated. Meanwhile, it is still a matter of doubt whether those refugees, who have already obtained Nepalese citizenship certificates, would qualify for third country resettlement. More interestingly, this verity would also be a tool for creating internal divergence among the refugees if those, who have already possessed Nepalese citizenship identity card, get a chance to opt for resettlement prior to those without citizenship cards.

Majority of the so-called frontline leaders in exile, most of the political and a few apolitical organisations have been frequently opposing the offer of third country resettlement, claiming it would not help furnish complete justice to the suppressed Bhutanese people. Since there is divided opinion among the individuals, the question of reaching a common consensus is difficult. People inside the camps are quite confused and do not know whether to apply in advance for this offer as they are little informed of its procedures.When such fact-based points are fresh at hand, opening the 'single option' for refugees would be a bleak step. Not only third country resettlement, the concerned authorities should work towards unlocking all possible options, including repatriation to their original homeland, Bhutan. The long-standing issue will get a safe landing only when all possible options are opened.

Criteria and procedures

The obvious question at this hour is: why are those countries that are wishing to resettle the refugees not making transparent all the criteria and other necessary procedures before the resettlement process begins? At least a dozen refugee families have already been resettled in Canada in the recent months, but the authorities concerned haven't yet made their status public.On the other side, the UNHCR is reportedly learnt to have been selecting families in the camps in recent days to begin the process for third country resettlement. However, it has refused to reveal the criteria for their selection. Actually, why can't such steps be carried out in an open and transparent way? The refugees should not be deprived of their basic human right to access to adequate information on any options coined. And, this should be more precisely done in a transparent way.Meanwhile, it is equally necessary to note that any options, what they be, shouldn't be made a 'compulsory option' for the refugees by citing unfeasibility of other possible options.Even Nepal has flashed a green light for allowing these refugees to get resettled. If Nepal by doing so wants to eliminate the Bhutanese refugee problem from the country, then it must be mentioned here that dignified repatriation should also be promoted at any cost. Otherwise, what would be the future of those refugees who want to get repatriated? Thus, it is a matter of essence that Nepal publicise its official stance at the earliest to bar ideological divergence among the refugees.

Sentiment

It is a fact that options besides third country resettlement - dignified repatriation and local integration - are, with the flow of time, getting less prominence. If the authorities concerned are truly committed to finding a durable solution to the Bhutanese refugee stalemate and embracing and supporting them, then promoting the refugee's sentiment is a must.(The writer is President of Third World Media Network - Bhutan Chapter)

Source: The Rising Nepal, April 30, 2007

One Year Of Democracy

Geja Sharma Wagle

The past one year has been a significant historical period for establishing democracy, peace and people's supremacy. Declaring that sovereign power and state power rest with the Nepali people, the interim constitution and the historical proclamation of the House of Representatives (HoR) have established the principles of people's supremacy, democracy and rule of law. They are steps for abolishing the feudal structure.

Central issue

There were many political, social, economic and cultural problems to be resolved. But the monarchy remained the central issue for the political parties, civil society and the Nepali people. Considering the people's aspiration, mandate of the movement, and the agenda of the parties, the Eight Party Alliance (EPA) made a historic and revolutionary decision and suspended the monarchy through the interim constitution until the constituent assembly (CA) election. Moreover, they have agreed to decide the fate of the monarchy by the first-ever meeting of the constituent assembly. Now, all the state authorities of the king have been transferred to the prime minister constitutionally, and there is no constitutional space for the king in the constitution.

In fact, the king is suspended in the real sense, and the supremacy of the people has been established constitutionally on the strength of people power for the first time in the history of Nepal. By having the right to decide the fate of the monarchy, now, the supremacy of the people has been established in real terms. Probably, no king would dare to challenge the people's supremacy in the future. Therefore, the constitution has laid a strong philosophical foundation for formal putting an end to the monarchy and establishing a democratic republic. Institutionalising the achievements of the historic movement, Nepal has entered into a new democratic, inclusive and egalitarian era. The constitution has established the universal principles of democratic values, people's supremacy, multiparty democracy, rule of law, human rights and press freedom. Accepting the democratic values and principles, people's supremacy, and progressive transformation of the state as the guiding principles of the constitution, the EPA has agreed to promulgate the constitution. Furthermore, the constitution has institutionalised the achievements of the April revolution, the momentous proclamation of the HoR, and all the agreements reached between the government and the Maoists in the past.

Terming it a historic change, all the political parties, civil society and professional organisations welcomed and urged the government and the Maoists to abide by the constitution in both letter and spirit. They have defined it as a landmark constitution for putting an end to the feudal structure. Even the international community has welcomed the constitution, saying it will pave the way for democracy, peace and prosperity. The United Nations, India, the United States, United Kingdom, China and the European Union have warmly welcomed the constitution and urged the government and the Maoists to put their words into action for the sake of institutional development of democracy and safeguarding the people's rights. They have even promised to support the ongoing peace process and to respect the people's verdict in the constituent assembly polls, including on the fate of the monarchy. The constitution has substituted 'His Majesty's Government' by 'Nepal Government'. Even the king's action can be questioned in the parliament as well as in a court of law and the king's private property and income would be taxed. Likewise, the budget, allowance, and facilities of the palace would be decided by the parliament. The parliament will decide who will succeed the throne.

Political landscape

The April revolution and the constitution are set to change the political, socio-economic and cultural landscape and redefine state power in Nepal. It, thus, is not the only momentous moment for the Nepali people in terms of democracy and freedom. It has also sent a powerful message to the rest of the world how people's supremacy has been established through the peaceful popular movement. However, the main objectives of the movement are yet to be achieved. In fact, holding the CA polls, drafting a democratic and inclusive constitution and restructuring the state are the agenda of the movement. Therefore, all the political parties, including the EPA government, need to stay united to hold the CA election by putting aside their differences for the sake of the newly established democracy.

Source: The Rising Nepal, April 30, 2007

Judicial morality

At a time when the judiciary is facing a drought of public faith and is struggling to clean its tarnished image in recent days, a morally questionable act of the Chief Justice (CJ) - appointment of his spouse to the post of section officer -- and an offence of the Supreme Court (SC) Registrar - use of a vehicle with an illegal number plate-- over a span of one week, have come out.
These acts by Chief Justice Dilip Kumar Poudel and Registrar Dr Ram Krishna Timalsena, head of the judiciary and the chief of the apex court administration respectively, have disgraced and caused irreparable damage to the esteem of the institution of the judiciary and judicial system. These acts, have further eroded public faith on the judiciary, irrespective of the intention behind the acts.

The Post regards that both the posts deserve high respect and prestige from the public. But, at the same time, the positions demand a high standard of morality in what they do. A petty act subject to moral question, by figures like the CJ and Registrar is very damaging to an institution like the judiciary whose very foundation is public faith. Such damage is irreparable. So judges and officials of the judiciary should be responsible and careful to what they do/will do to ensure that their acts do not harm the institution.
Press has been reporting the morally questionable acts in the judiciary over the last three years. But such reports have been ignored by the people in the judiciary without realization of the far-reaching effects of such activities. And such individuals were never brought to justice, and thus impunity has been encouraged in the institution. For instance, the then Chief Justice Hari Prasad Sharma delivered a political speech at an international forum in 2005, which was a breach of the code of conduct for judges. But Sharma was never punished. This kind of impunity must end to make our judiciary a temple of justice which people revere.

History has recorded damaging activities, one after another, by people in the judiciary over the last three years. But the judiciary has failed to use every correction opportunity in the past. Our judiciary never learnt a lesson from the infamous Robinson scandal. It could have been used as an opportunity to correct the existing maladies in the judiciary. But that did not happen. Now the judiciary should realize that no one, but the people in the judiciary, are responsible for earning damage and disgrace to the institution. It is high time the judiciary end impunity of all sorts within itself and make the institution respectable and morally clean.