Nepal conundrum

Paul Soren
It has been over a year since the People's Movement (Jana Aandolan) of April 2006 forced King Gyanendra to abdicate royal throne and hand over the power to the loosely formed Seven-Party Alliance (SPA). That paved the way for the restoration of the dissolved House of Representatives. After that Nepal's peace process advanced rapidly with signing of agreements by the government and Communist Party of Nepal (Maoist). The government had also promised to hold Constituent Assembly (CA) polls by mid-June 2007, which has been deferred to November. However, people still nurse expectations that the nation would have permanent peace and they dream of a life of security. They harbour the hope that democracy would prevail by holding free and fair CA polls, and, subsequently, there would be a new, inclusive and democratic Constitution.

Currently, the situation in Nepal is fragile and there has been serious interruption in the peace process. The parties have developed dissimilar and contesting views on the whole process of state restructuring, monarchy, domestic policies, foreign policy, economy and power sharing. In addition, the Maoist-affiliated Young Communist League (YCL) cadre are engaged in looting and violence; there is continuation of unrest in Terai, demonstration by ethnic groups, Dalits, women and minority groups demanding for genuine space; and, most importantly, Madhesi parliamentarians and Maoists are constantly disrupting House proceedings. These developments carry the potential of derailing the peace process and delaying the election. In fact, Nepal's political transition is in a difficult phase as the government stands like a mute spectator and the parties show rank unwillingness to learn from their past mistakes.

The SPA and Maoists seem to be more concerned about power sharing and less about consolidation peace process in the country. The SPA is unable to resolve the issue of the monarchy and seems willing to give it space in a future arrangement. However, the first sitting of the CA is supposed to decide the fate of the monarchy, but some political parties' inclination as well as external pressure are obstructing the entire peace process. The NC and some rightist groups still harbour a soft corner for royalty. Moreover, the constituents of the SPA are not cooperating with the government to function smoothly. Rather, the parties are accusing each other for the government's failure to hold elections. The Left parties and rights are accusing Nepali Congress (NC) president Girija Prasad Koirala for dilly delaying things. Similarly, the NC, NSP and other rightist forces are blaming the Maoists and the UML for obstructing things.

Though the Maoists have joined mainstream politics, they are making tactical moves to move ahead with their political programme. They are making continuous efforts to make the interim parliament declare a Republic. Gauging the present political environment, Chairman Prachanda's announcement to form a possible Left Front to contest Assembly elections has also received wider acceptance from all other Left parties. The UML has come out openly supporting the Maoists demand for republicanism. This indicates that a new political polarisation is shaping up, and this equation will make differences in days ahead. Presently, the Left parties dominate the interim parliament and if they contest the polls jointly there is a likelihood of them sweeping the polls.

At the moment, the Maoists should not act like other political parties and understand the situation and cooperate. Of late, their acts and moves have raised suspicion of their real motives. The YCL cadres are creating havoc and terrorising people all over the country. The Maoist leadership should know that YCL cadres are getting out of control and they need to be controlled. It is also true that the Maoist combatants and cadres are now getting restless after giving up arms. Therefore, Maoist leaders should know whatever advantage they achieved should percolate down to their cadre at the ground level.

Apparently, the government has not been able to respond positively and cohesively to the demands made by the agitating groups. The demand for proportional representation, autonomy within a federal system and fair deal to the Terai problem demanded by the Teria population and strongly backed by the Terai parliamentarians, the Maoists, Madhesi Janaaadhikar Forum (MJF), JTMM, indigenous groups and other stakeholders is not being addressed properly. The decision-making process within the parties is also not holistic and their opinions seems to be divided.

There is an urgent need for the government to evolve understanding with the parties and other stakeholders for peace to prevail. The government has to act fast, taking into account genuine demands of the people. Moreover, unity among eight parties is a must and they should remain united till the CA election. The bigger parties, especially the NC, NC(D), UML and Maoists need to be extra cautious. In order to consolidate the peace process, the parties should put all their efforts and commitments to establish genuine democracy. Further delay could certainly threaten Nepal's new-found peace.

Source: The Pioneer, May 26, 2007

IDP still facing threat

Integrated Regional Information Networks

May 23, 2007

Hundreds of thousands of people displaced from their homes during the decade-long war between Maoist rebels and the government are having difficulty returning to their homes, despite the conflict ending in November 2006, aid workers say. Last year, the Nepalese government estimated that there were more than 200,000 internally displaced people (I.D.P.'s) in the country but there is no accurate information on whether that number has reduced after peace was achieved five months ago. The lack of an I.D.P. registration system has made it difficult to determine who has actually returned home, aid groups say. Most of the displaced are scattered in major towns and cities or have migrated to India.

But we can easily gauge that very few have returned because the Maoists still rule the villages and are selective about who can return to their homes safely," said Dilliram Dhakal from the Community Study and Welfare Center (C.S.W.C.), a local N.G.O. that has been advocating for the rights of the displaced. Dhakal added that despite commitments pledged by Maoist leaders in the capital to ensure the safe return of displaced families, their local Maoist cadres in the villages have not been fully cooperative. "There are issues of local Maoists not adhering to commitments made in the peace agreement," Paul Handley, humanitarian affairs officer with the United Nation's Office of the Coordination for Humanitarian Affairs (OCHA) in Nepal, told IRIN in the capital, Kathmandu.

So far, only those I.D.P.'s who support or have close affiliation with the Communist Party of Nepal, Maoists (C.P.N.M.) have been able to return to their properties, said Dhakal. But a large number of other I.D.P.'s are still unable to retrieve their farms, livestock and houses that were seized by the Maoists, he added. "What's the use of returning home when they have no property and land to live on for their livelihood?" asked rights activist Bhola Mahat from N.G.O. Informal Sector Service Center (INSEC), which has been actively helping the displaced return home.

Land Issue Is Major Problem for I.D.P.'s

It is no longer the threat of physical security but more of food and land security that has been impeding returns, said aid workers. "I have nothing to eat or survive on. So how can I return home? Just to starve myself?" asked Ramesh Biswakarma in Kathmandu, where he is living in poverty after he fled from his remote village in the northwestern Jajarkot district. A large group of displaced people from Jajarkot is still living at an I.D.P. camp in the Rajhena area of Nepalgunj city, 600 kilometers west of the capital. Camp residents are desperately seeking help from aid agencies to ensure their protection, safety, and the return of their properties. "Land continues to be a problem in rural areas with I.D.P.'s not being able to access their lands," Aidan Goldsmith, director of International Rescue Committee (I.R.C.) in Nepal, told IRIN.

He said that major challenges for resolving the displaced persons issue were the return of their farmlands and generating livelihoods from whatever remains of their resources in their villages.
I.R.C. has been working in the country for the past two years with a focus on I.D.P.'s, other conflict-resolution issues, and health projects. "There is a prime need for assisting the I.D.P.'s to restart their lives and help them to become functioning members of the community," said Goldsmith.

New I.D.P. Policy and Legal Assistance

A new policy for assisting the displaced, formulated and passed by the Nepalese parliament three weeks ago, is seen as key to resolving the displaced persons issue. "It's a good policy and critical toward assisting the I.D.P.'s," Alexander Jones, Nepal's country director of the Norwegian Refugee Council (N.R.C.), said. In addition to OCHA, other key U.N. agencies and I.R.C., the N.R.C. was also part of the task force to help the government develop the new I.D.P. policy. Jones said that according to the new policy, citizens forced to leave their homes will have the right to protection from the state. The policy also helps to clearly define the status of an I.D.P., which was not the case before.

N.R.C., which provides legal assistance to the displaced in more than 10 countries, also launched an Information Counseling and legal Assistance project a month ago in Nepal. Since then, many displaced families have been able to get advice on their legal rights and access to justice as well as guidance on legal documents which would give them access to their properties. However, Jones said that many I.D.P. families lost their land and property legal documents after they were forced to leave their homes. At present, many of them lack enough documentation to even get any compensation from the government for their lost properties. © IRIN

Source: Worldpress.org, May 24, 2007

'Marxism never stands against press freedom'

KATHMANDU, May 24: Politicians and media experts Thursday said that janatako bahudaliye janabad (People's Multi-party Democracy) recognised press freedom as an integral part of Marxim.They said that the communist regimes in former Soviet Union and Eastern Europe fell down as they tried to muzzle the press. "Late Madan Bhandari, for the first time, integrated the press freedom into his janatako bahudaliy janabad, which was a major shift from the dogmatic communism that offers little space for the media freedom," they said.They shared the forum at an interaction-cum-general assembly of the members of Press Chautari from Kathmandu Valley here.

Some of them noted that late Madan Bhandari theoretically linked the ides of press freedom with the social, economic and cultural justices. "Without the free functioning of media, economic freedom cannot be achieved."Minister for Education and Sports Pradeep Nepal said that Marxism was never against press freedom. Quoting the lines from Communist Manifesto he said that Marx always stood for individual freedom."We do not agree with those communists who want to turn the world into a prison house by curtailing individual freedom, " Nepal quoted the lines of Communist Manifesto authored by Karl Marx and Friedrich Engels in 1948.He claimed that the communist rulers in the past failed to grasp the spirit of Marxism and understood it only as a static formula. "Late Madan Bhandari embraced the essence of Marxism and catapulted the Nepalese communist movement to the world stage at a time when it was in moribund state," he added.

He said that rule of law, fundamental human rights, freedom of expression and associations are the basic ideals of CPN-UML. In an apparent indication to the Nepali Congress and CPN-Maoist, he said, "Two major political parties, with their obstinacy and anarchism, have taken the country in hostage, creating political deadlock."Head of UML publicity department Raghujee Pant, presenting his working paper, said that janatako bahudaliy janabad had guaranteed press freedom and made it one of the basic tenets of state."Nepalese communist parties have been fighting for the loktantra since their inception. Thus, it is beyond imagination that communists will curtail press freedom when they go to power," said Pant.General Secretary of Federation of Nepalese Journalist Mahendra Bista said that at the moment the Nepalese media had only mission that is to establish democratic republic in the country."The idea of press freedom has been well anchored in Janatako bahudaliy janabad and democratic republic," he added.

General Secretary of INSEC Kundal Aryal said that a true press freedom could not be realised in capitalist countries like the United States and in those countries having totalitarian systems.Gopal Thapaliya, chairman of SAFMA Nepal said that late Bhandari had described press freedom as an addition of fragrance to the janatako bahudaliya janabad.A host of speakers including UML Central advisor Kamal Koirala, journalist Dev Prakash Tripathi and Press Chautari president Bal Krishna Chapagain also expressed their views on the relations between press freedom and communism.On the occasion, Minister Nepal released a book 'Mass Communication and Nepali Language' by Chapagain.The gathering also elected 15 central representatives of Press Chautari that is going to organise its central convention by mid June.

Source: The Rising Nepal, May 25, 2007

Unwanted action

It is unfortunate that Industry and Commerce Ministry took a departmental action against the Director General of Department of Industry just because he attempted to stick to legal proceedings and refused to comply with the minister's order. It is a shameful act, which could leave a deeper impact on the business world. For, the case has emerged over issuance of trade mark not registered here to a Nepali company. The minister ordered the department to cancel it for Indian companies, while the chief of the department refused on legal grounds. If the DG is proved wrong, none of the companies that have registered trade marks and designs would feel secure that their intellectual property will be protected.

Intellectual property right is protected through complex legal terms. Like every other cases, its battle has to be backed by a solid investigation. Cases related to counterfeiting of the property require proper investigation, and cannot be decided through minister's direct order. In the case that surfaced here, Sun brand of pipe fittings and Rajanigandha brand of pan masala were registered by the Nepali companies, whereas the companies that originally produced it bothered not to register here. So, the department's ruling that Nepali product is authentic and should be protected goes with the law. Now once the case was brought to the notice that the Nepali companies had counterfeited the Indian brands, the process should have been to conduct thorough investigation and deal with those legally. However, all that spirit of legal protection was flouted in the case.

However, Post's support for the legality of the case is not to undermine the ethics businessmen and companies must follow. Given that Nepal and India are not signatory of Madrid Convention that ensure global protection of marks once registered there, it is the responsibility of Indian companies to register their trade marks here. And it was also equally desired that Nepali companies stick to business ethics. Copying the trade marks of popular Indian and overseas brands just because those are not registered here is against business ethics. It is also cheating the consumers. Hence, the government must beef up the inspection process while granting trade marks to the companies. Strong mechanism should be developed to ensure that companies do not get hold of trade marks and designs of other companies. There must be hearing cells at the Department of Industry to facilitate original trademark holders to fight for their rights. Also the decades old Trade Mark, Patent and Design Act must be amended. Above all, the government must allow cases related to intellectual property rights to be addressed through due legal and administrative course rather than through discretionary decisions.

Source: The Kathmandu Post, May 25, 2007

Focus On MDGs

EVER since Nepal expressed its commitment at the United Nations Millenium Summit to meet the basic needs of the people by 2015, the government has taken a number steps to meet the Millenium Development Goals (MDGs) within the stipulated time frame. The Millenium Summit set eight different development goals to be met by the developing world. These goals include, among others, alleviating poverty, ensuring universal primary education, reducing child and maternity mortality, ensuring gender equality and fighting the AIDS epidemic. Although the poverty alleviation programme and other issues contained in the MDGs have been the priority of the government for long, Nepal has been making extra efforts to achieve these targets since 2000. Poverty is the highest priority of the government. All economic and development programmes have been integrated with the poverty alleviation strategy, and Nepal has achieved significant progress on various fronts. Nepal is well ahead in reducing child mortality, which has been a lesson for other developing countries. In other sectors, too, Nepal's progress has been satisfactory. But resource crunch has put tremendous pressure on the government in carrying out programmes related to the MDGs. Moreover, the decade-long conflict seriously marred the development activities, which caused negative growth in some sectors. However, it did not deter the government from pursuing programmes designed to meet the basic needs of the people. The literacy rate has gone up, and student enrollment in the schools has been satisfactory. The poverty alleviation strategy is also gaining momentum and the efforts at gender equality and fighting AIDS have also been encouraging. All these developments have shown that Nepal is on track to achieving the Millenium Development Goals.

Nepal is a country with limited resources. But it needs huge funds to rebuild the infrastructure damaged during the violent conflict. For this, Nepal needs strong and meaningful support from the international community. So far, support from the donors has been encouraging. But such efforts should be enhanced if Nepal is to achieve its goal for development. In the light of progress and constraints towards meeting the MDGs, vice-chairman of the Nation Planning Commission Jagadish Chandra Pokhrel, at a meeting of the United Nations Economic and Social Council for Asia and the Pacific (UESCAP) in Kazakhastan recently, expressed Nepal's commitment to achieving the MDGs and called upon the international community, in general, and the United Nations, in particular, to increase the level of assistance to Nepal. As observed by vice chairman Pokhrel, Nepal would march ahead in achieving the development goals set by the United Nations in time only if the international community actively supports Nepal's bid.

Source: The Rising Nepal, May 25, 2007