State Of Impunity Must End

Narayan Upadhyay

After a pro-tracted wait, the Krishna Jung Rayamajhi Commission Report was made public through the Legislature Parliament. Completed some eight months ago, the report has now put to an end the lingering suspicion whether the recommendations made in the report would be implemented in true spirit.

The commission completed its report after undertaking gruelling investigation, interrogations, and grilling of people accused of having used excessive force, abused positions and misused state coffers in their attempt to trample the Janandolan-II. As the movement picked, the then administration used all the state machinery to an unwarranted degree to quell the popular uprising, killing about 26 people, maiming and injuring thousands.The longer-than-expected delay in bringing the report in the open had also made the government a suspect in the eyes of the people. The government drew massive flak for showing reluctance to mete out punishment to 201 indicted persons as per the recommendations of the 1148-page report. Among the indicted, 35 were the members of from the council of ministers headed by none other than the King Gyanendra, five were the regional administrators, 13 zonal administrators, 115 security personnel from the police, army and armed police forces. A cursory glance at the report makes it clear that the Rayamajhi Commission has suggested taking action against the accused under four categories in accordance with the existing civil code, civil service, military and police acts and accused should be tried for various crimes ranging from the murder of pro-democracy protestors to abuse of authority and corruption. The report has also recommended for the departmental action for few accused. The most important part of the report is that it has suggested the government to enact new laws to punish many of the accused including, vice presidents and ministers of the King led- council of ministers, army top brasses, King’s advisors and many supporters who played vital role to crush the movement.

But the report has had its share of controversies. After the presentation of the report, conflicting statements have been made from the senior members of the government. Many legislators rapped the report for not including the King as the recipient of punishment. The Home Minister said that those accused in the report had already been penalized in one way or other while many believe that the punishment meted out to the accused is just a rap on their knuckles. Even the commissioner Rayamajhi himself said that the government had failed to take action against accused as per the words and spirit of the recommendations. All these statements help arouse lots of suspicion on the part of the government which was accused of dilly-dallying in implementing the recommendations.The long reigning trepidation among the Nepali people that the recommendations conclusions made by any commission set up to investigate into some atrocities, corruption, crimes and accidents are not implemented has been justified on many occasions. Governments when they come to the helm through some revolutions or movements tend to forget or try to tone down the severity of punishments sought in the commission findings. Not long ago, ditto had happened when the people of the nation had fought to restore democracy in 1991. The then government had formed a commission, known as the Mallik Commission, to investigate and then incriminate the people involved in making atrocities against the leaders, activists and supporters of the different political parties participating in the popular people’s movement. The government that was formed just after the restoration of democracy not only failed to action against the people indicted in the Mallik report, but also allowed all of them to participate in politics and take benefits from the various public positions.

The leniency of the then government saw many of the Panchayat followers, indicted by the Mallik Commission, riding to powerful and important ministerial portfolios in later years. But with the presentation of the Rayamajhi Commission report at the Legislature Parliament, a place for the people’s representatives, the days of the state of impunity that has tarnished the Nepali politics, bureaucracy and society as a whole for long are numbered now. The government is under duress to take action against the wrong-doers in accordance with the commission report. The task for the government in taking action seems to be easier now because the government has all the support from every quarter to prosecute the accused. If the present eight-party alliance government was to augment its image, then it must aim to fulfill the people’s aspirations and restore people’s faith on it. Now the government must take a quick and positive move so that it can implement the recommendation in true democratic manner. This is necessary to spread the message among the masses that the government really cares for the rule of law and the protection of people’s human rights. In the past, the many corruption tainted leaders, bureaucrats and civil servants walked freely taking advantage of their clout over the nation’s politics, bureaucracy.

Now, as the Rayamajhi Commission report has come into the open, the eight-party government must not allow persons accused of subverting people’s love and aspiration for democracy and the violators of the human rights roam scot-free. They must be penalized as suitably as suggested in the report.

Source: The Himalayan Times, August 13, 2007

CA Polls: High Demands

Prem N. Kakkar

THE country has seen some more political developments in the past one week. An important one is making public the Rayamajhi Commission. In fact, there could be many reasons for the delay in making the report public. Now that the report and recommendations have been made public, the heat is now on. There are many who are not happy with it. But it must be agreed that this report has not suffered the same fate as the Mallick report that probed into the previous people's movement.

Sacrifices

It is appropriate that those who committed excesses during Jana Andolan II and misused authority and state funds ought to receive the punishment as dictated by the law of the land. If some laws need to be framed, the legislature parliament ought to move ahead with it. Only then will it be able to justify the people's sacrifices made during the April revolution last year.

It has also been suggested that action against those named in the report should be taken before the Constituent Assembly elections. This may be justified in the sense that the CA poll is the culminating point of the gains of Jana Andolan II for the present. That done, the people will be satisfied that their voices have been heard and they can participate in the polls freely and fearlessly to elect the constituent assembly which will have the task of drafting an all-inclusive democratic constitution.On the question of the constituent assembly election, various problems have been raised by various groups and parties. The Maoists want the declaration of a republican state before the polls while other groups have their own demands concerning representation and the voting system. The country is passing through a transitional phase, and it is only natural that such problems should arise. But they must be tackled in the best possible manner.

An armed struggle is not an answer to the problems facing the country. This was a fact realised very wisely by the Maoists. But there are some groups in the Terai that have taken up arms, and regular news of abductions and killings of innocent people are being reported. This is rather unfortunate because the sovereignty is vested in the people, and there are peaceful means to get their grievances addressed.Towards this end, the government talks team has sincerely taken up the task of holding talks with the various agitating groups. There have been some positive signals, but there is still more path to be covered. The agitating groups have their own set of demands, but resolving them is taking time, and so the talks have been lingering on. Just take the demand by a Terai group - that the legislature be dissolved. This is difficult to be fulfilled in the present context. The government talks team should do the necessary homework before it engages in talks with the various agitating groups. However, talks must continue till an amicable conclusion is reached. This is very urgent as the constituent assembly polls are just round the corner.

The deteriorating law and order situation in the country is also a problem. The government is aware of the unrest in the Terai and is trying to do the needful but has not made much headway. For this, the political parties, agitating groups and the people, in general, have to join hands. The commitment of the political leaders is of utmost importance. They should be careful as to how they express themselves to the people. Misleading comments and statements have to be avoided. Controversial statements go to create confusions among the people. Today's political leaders are experienced and seem to understand the pulse of the people, so they must avoid comments that stir up the people's negative sentiments. It is they that the people are seeing as saviours, and if they fail, it will be a misfortune for the country.ChallengesWith the focus on the CA polls, the parties have to get to the act of making headway in the direction. Concentrating themselves in the Kathmandu Valley will not be enough. It is time they spread out into the villages and the districts with the message of the CA polls. The risk factors are there, but they have to face the challenges. And in this rests the future of the country and the people.

Source: The Rising Nepal, August 10, 2007

Maoist Plenum : Unity To Continue

Vijaya Chalise

The fifth plenum of the Communist Party of Nepal-Maoist (CPN-Maoist) concluded after unanimously endorsing the political paper presented by the party chairman, Prachanda. The meeting has concluded that opting for federalism and the proportional electoral system would be prerequisites for creating a congenial atmosphere for the polls. The Maoist Party now seems to have formally set the proclamation of Nepal as a republican state and the proportional system of elections as the party's preconditions for participation in the Constituent Assembly (CA) polls.

Republican demand

Deputy commander of the CPN (Maoist) Barsha Man Puna said that the party would seek consensus from the other parties and the government for declaring Nepal a republic and adopting the proportional electoral system before going to the CA polls. The Maoist leadership faced enormous pressure during its six-day long expanded meeting of the party to either play an effective role to meet the expectations of the people in the interim government or withdraw immediately. However, they decided not to pull out of the government for now. The decision to keep the eight-party coalition intact has assured the people again that the peace process would not face any hitches and the CA elections would be held.The delegates had expressed strong dissatisfaction with the government's working style, and some of them had alleged that the eight-party government had failed to address genuine demands of the Madhesis, ethnic nationalities and the oppressed. For that reason they argue that the new bases for the coalition to continue would be the declaration of a republic and proportional electoral system, as Prachanda's paper states, the CA poll cannot be held as long as the monarchy exists. This may call for another revision in the interim constitution.

In the political agreement reached between the Seven Party Alliance and the CPN (Maoist) on November 8, the Maoists had taken a soft position as there were many internal and external forces barring them from joining the interim government. Therefore, the UML was the only party sticking to the proportional electoral system at that time. Some political parties, namely the Nepali Congress, however, differ on whether the electoral system can be changed. The CA elections are barely 103 days away. The Maoist's fifth expanded meeting, however, endorsed the political proposal including the proclamation of a republic and a fully proportional electoral system for the constituent election polls. The document presented by Party Chairman Prachanda has underlined the need to create a congenial environment for the constituent assembly elections. Observers, too, say that the new bases for eight-party unity might be based on a broader republican front for the CA election. Madhav Nepal, General Secretary of the Communist Party of Nepal (United Marxist- Leninist) has been emphasising an eight-party republican front to keep the eight-party unity intact. The Maoists favour a front among the political forces that want a republican set-up in the country. Likewise, Maoist leaders have proposed to the government taking a joint eight-party political campaign to the Terai as there is a possibility of some Madhesi groups disrupting the constituent assembly polls.However, Prime Minister Girija Prasad Koirala has reportedly told the Maoist leaders that there can be no preconditions for the polls. However, he has not yet made any reaction regarding the Maoist's preconditions. Likewise Minister for Peace and Reconstruction Ram Chandra Poudel has expressed his displeasure, saying how a party that was fighting for a constituent assembly, even when others were sticking to a monarchial parliamentary system, could be shying away from the CA polls, setting preconditions for the polls.

Thus, the bone of contention seems to be the question of whether the country should be declared a republic before the polls or to leave it to be decided in the first meeting of the Constituent Assembly after the polls. The Nepali Congress (NC) wants the fate of the monarchy to be decided by the first meeting of the constituent assembly; however, other major political parties, including the UML and Maoists, want a republican set-up to be declared before the November polls. The CPN (UML) has floated a mid-way solution as well - holding a referendum to decide the place of the monarchy in the future political scenario of Nepal. However, UML leaders say that their party is open to both options backed by the NC and NCP (Maoist). UML General Secretary Nepal has repeatedly said that the political parties should not hesitate to go for a referendum. Likewise, the NCP Maoist's argument that the Constituent Assembly (CA) election could not be held unless Nepal was declared a republic cannot be ignored. Not only the Maoists but civil society activists, too, believe that declaring Nepal a republic is essential if the constituent assembly election is to take place. Therefore, it would be wise to build consensus among the major political forces to guarantee and institutionalise the achievements made after the April movement. The objectives of the Jana Andolan would remain incomplete until the constituent assembly elections were held in the country. The government is lagging behind in showing its political commitment empowered by the Jana Andolan. It is true that once the leaders reach high places, they usually forget the ground reality that it was the people who catapulted them to power.Collective approachThe need of the hour is for all the political forces and the civil society to create a congenial environment for the constituent assembly polls, as the constituent assembly is the only means to settle the contentious voices raised from different corners. Obviously, the main hurdle in holding the polls seems to be the Terai issue, and a collective approach is the only way out. The 20-point agreement reached recently between the government and the Nepal Federation of Indigenous Nationalities (NEFIN) is a welcome sign. In the same vein, the Terai issues could be solved once and for all, helping to create a congenial environment for the election.

Source: The Rising Nepal, August 10, 2007

Don't Dissociate

The Nepal Sadbhavana Party (Anandadevi) has called back its representative Minister Rajendra Mahat from the government, arguing that the grievances raised by the Madhesi people could not be redressed by being the part of the government alone. In a statement issued Monday, Nepal Sadbhavana Party made it clear that the organisation will remain committed to the eight party alliance and extend support to the government even though it has formally withdrawn from the government. There may be several excuses for the Terai-based party to quit the government. But the question is whether it was the right time for the party to dissociate itself from the ruling dispensation because it is a time when a united and associated approach is necessary to address the problems faced by the country. One must mention that the Nepal Sadbhavana Party (Anandadevi) has always been apart of the national democratic movement in the country.

It has always thrown its weight behind the democratic movement in the country and allied with the forces ranged against authoritarianism. Take the instance of the democratic people's movement accomplished one-and-a-half years ago. The party was at the forefront raising revolting against autocracy. When the citadel of authoritarianism collapsed, it was an important architect in the process of conflict resolution and political transition in the country. When the issue of Madhesh was raised by other actors, including the Madhesi People's Rights Forum, more articulately and vehemently, there was an impression that the political monopoly of Nepal Sadbhavana Party as the singular representative of the Terai issue was being challenged. The party sought to project a bolder image as the sole, democratic and legitimate agent of the Terai people. Its representative in the government, Hridayesh Tripathi, had also resigned from the government, citing explicit displeasure with what was alleged as the indifferent attitude of the government towards resolving the issues of Madhesh. However, the present announcement regarding the dissociation of the Nepal Sadbhavana Party has come at a time when the country is nearing the elections to the constituent assembly. The party should reconsider its decision and be part of the government to add more weight to the resolution of the problem.

Source: The Rising Nepal, August 8, 2007

Immature democracy : What good will it do?

Ganga Thapa

A clear preference for democracy is evident in its acceptance and expansion around the world. While democracy is a multi-faceted concept, sovereignty calls for competent citizenry, responsible state and proper resource allocation mechanisms. Following the April revolution, concern for legitimacy, accountability and participation in the democratic process is gaining ground, but there has been no compatible progress on the democratic front, or in political and institutional reforms to increase direct participation of citizens in policy and decision-making process. Even positive aspects of the democratic process have been undermined by party leadership.

Strengthening democracy entails going through a long and complex process of building state institutions. Democracy, by its nature, is supposed to reflect disagreements and conflicts. But the failure to develop a conceptual framework for citizen participation by institutionalising ties between state and non-state actors has left Nepal with “partial” or “undemocratic delegative democracy”, particularly in the absence of actors who can transform policies and institutions into political resources.

Nonetheless, Nepal has never enjoyed Nonetheless, Nepal has never enjoyed quality governance, which consists of three dimensions: system persistence, inclusiveness and effectiveness. An accountable government responsive to its citizens can be set up through electoral process; its absence only exacerbates the lack of adequate institutions, excessive legislation and formalities, patron-client nexus, and other cultural bottlenecks and characteristics.Democracy leads towards inclusion, enabling citizens to participate directly and indirectly. By any measure, people now have an opportunity to engage in a constitutional mechanism which can dampen aristocratic values and discriminatory social practices with distinctive changes in ground rules. This should be done to make the mechanism vastly different from the old ‘stakeholder democracy’.

In the absence of strong state structures, social constructivist understanding and institutional credibility, democracy post-royal regime has at best been a mixed blessing. Some believe that democracy in an ethnically diverse society can indeed be fostered by broad-based, aggregative and multiethnic political parties. But the fragile institutions of political parties are endangered by excessive clout of their leadership. As a result, they are not successful in bringing about attitudinal and behavioural changes among the people. The issues of power, politics and ground realities can be comprehended by the way the electoral process is progressing. Democratic ideal is essentially about a core set of values such as political autonomy, equality of interests and reciprocity. Although the quest for freedom is universal, it is not the top priority when people have to fear for their very survival.It is too early to draw conclusions on long-term effects of the CA elections. If it acts as an instrument of democracy and can help institutionalise peace and democracy, it can be assumed that there is a link between citizens’ choice and their participation in policy making. Even if the CA polls succeed in achieving and maintaining peace, its ultimate outcome would not be evident until second or third general elections under a new system. Free elections are a prerequisite for instituting legitimate power flows and making the state adhere to the rule of law. This will, in turn, bolster state capabilities through administration, market and civil society and permit broad participation. These three sectors are crucial to building sustainable political and economic networks that help shape the state and enhance justice and political legitimacy.

While there is no consensus on what constitutes free and fair elections, Mackenzie puts forward four prerequisites: a) independent judiciary to interpret electoral laws, b) competent and non-partisan administration to conduct elections, c) well organised political parties that can present their policies, traditions and candidates before the voters and d) general acceptance of rules of the game. Many have argued that in addition to free and fair election and counting, the political parties must get an opportunity to compete on equal footing, all people should have equitable access to media, political environment must be free of intimidation, and public grievances must be settled promptly and justly. Another key element is monitoring of elections by national and international observers who can play a significant role in boosting public confidence in democratic transition.Consensus should not only be directed at acquiring political goals. CA elections must be viewed as an instrument of citizens’ influence associated with a vision for building legitimate political system rather than to reward or punish incumbents. Until the old structures that reward vested interests are dismantled and replaced by new ones, neither a “democratic society” nor “free and fair elections” can be realised.

Source: The Himalayan Times, August 8, 2007