Two Armies: A War Of Words

Shyam Bhandari

The Nepali media is awash with opinions, allegations and counter allegations on the question of the integration of the two armies - People's Liberation Army (PLA) and Nepal Army (NA). The whole thing seems to have been triggered off by Chief of Army Staff (CoAS) Rukmangud Katwal's reaction to the 23-point agreement chalked out between the Maoists and the government regarding the integration of the verified PLA personnel with the NA. Speaking to reporters at the airport before embarking on his China visit on January 8, the CoAS is quoted as saying, "In the name of institutionalising the peace process, any political 'ism' or ideology should not be introduced in the Nepali Army. The Nepali Army operates under the people's chain of command, and it should be kept untainted. There should be no political influence on the Nepali Army. Political influence on the Nepali Army will only invite bigger problems in the country."

This was immediately followed by Maoist leader Krishna Bahadur Mahara's reaction: "The army chief's statement is against the spirit of the comprehensive peace treaty (CPA) between the government and the CPN-Maoist. The statement is ill-timed and unfortunate." The PM is reported to have supported the CoAS's stand "all-out" on January 9, and denouncing it the very next day. The prime minister retorted to his usual lame excuse of "the media distorted my views", which could well have been the fallout of Prachanda's allegation the previous day that the prime minister's statement was against the letter and spirit of all the agreements signed so far.Add to that Sher Bahadur Deuba's ignorant revelation that nowhere has it been mentioned that the Maoist army will be adjusted in the NA in any accords, including the comprehensive peace accord, interim constitution and the latest 23-point agreement, and there could be nothing more confounding.

Justified

The CoAS may or may not be justified in his stand. What he has said may or may not be in the best interest of the country's future, if not the present. Not to overstate, the NA is the institution that has been free from politics. Those who distort the views of the army vis-୶is its desire of remaining free from 'isms' are doing injustice to an institution which has demonstrated time and again that it is on the side of the country and the people far more than any of the people's parties can claim in their wildest misjudgement of themselves. What better proof do we need than the fact that this institution has always stood quietly in the sidelines allowing the people's desires to take precedence even when opportunity provided for it to overstep its jurisdiction? How else can one explain the NA's readiness to side with democracy rather than the monarchy that it has served ever since its existence? The Maoists have every right to demand that the provisions in the interim constitution be implemented so that their former combatants can be integrated back into the society. Their demand is also justified as they have sought to stick to the demand that the government implement the provision in the interim constitution regarding the armies 'word for word'.

The Way Out

The Nepalese people have had enough of politicking in every imaginable place and entity, in the schools and colleges, offices and organisations, in the streets and what not. We have already witnessed what politicised students can do to the country, and we have experienced what blending the bureaucracy with ideology begets. As if that has not been enough, they are now talking of infesting the army with hardened, indoctrinated ideologues. Imagine the outcome in the long run - uniformed, gun-totting politicos dictating democracy to us in a New Nepal. All said and done, there is still the question of reintegration of the PLA members for which there are several options other than integrating them with the NA. How about creating an unarmed reconstruction and development force out of the former Maoists combatants? They could be entrusted with building roads, bridges, schools, community hospitals and other much-needed infrastructure. The government could pay them at par with the NA, while still saving huge sums on arms and ammunition that it would need to buy for them otherwise. This would also serve as a purgatory for the Maoists that so pitilessly destroyed the infrastructure of this country during their people's war.

Source: The Rising Nepal, January 14, 2008

Test of resolve

The government on Friday announced April 10 as the fresh date for the election to the Constituent Assembly (CA). As they are used to postponements (first in June last year and then in November), it is not entirely surprising that many people appear still unsure that the event will come off on schedule. Many others, including politicos, are expressing doubts, whereas leaders of the three biggest parties - the Nepali Congress, the CPN-UML andthe CPN-Maoist - are striking optimistic notes. The CPN-Maoist, whose 22-point demand was the apparent cause of the deferral of the November 22 election, has decided to kick off its election campaign from tomorrow. The Election Commission has decided to implement the election code of conduct from the day after tomorrow. The new poll date has also given most of Nepal’s important friendly countries a measure of satisfaction — the US has already welcomed it.

But even then there is no dearth of doubters. Some may associate this lack of confidence with the SPA’s ‘lack of resolve’. Others suspect that as the monarchy will lose even its present suspended status with the election, its internal and external backers willnot look on but do their last bit to spoil the polls, by resorting to all possible means. The third principal source of doubt for many is groups like Janajatis and Madhesis who are pushing their various demands before the election, threatening to torpedo it unless they are satisfied. Particularly disturbing is the separatist overtones of some Tarai outfits. While the earlier agreements with them should be carried out, the government should not go on appeasing such groups.

What the government needs to keep in mind is that the various small groups in the Tarai have assumed oversize importance, because of its lack of timely and appropriate response. Unreasonable demands include the recall of all government employees not of ‘Madhesi’ stock from the Tarai, ‘right to self-determination’ and creation of the entire Tarai as a single state within the federal structure. Nowhere in South Asia, can such demands be fulfilled. Whether the election can be held on schedule will also depend, to a considerable extent, on how the government handles some of the Tarai or Janajati groups. Some Tarai groups have given the government the deadline of January 19 to meet their demands. The making offull proportionality a condition for the polls at this stage raises questions of intent. Its position should be to appeal to all groups to take part in the election. However, if any of them persists in boycotting it, let it do so, because it comes within democratic rights; but, under no circumstances can the government be expected to let anybody create the disturbancesto foil the CA election, for which the Nepali people have fought so long and so hard. If the government cannot keep the date this time, its claim to power will weaken, particularly of Prime Minister Koirala and the Nepali Congress, because they run the most important ministries and agencies necessary to hold the CA polls.

Source: The Himalayan Times, January 14, 2008

CA election : Settle political questions first

Shailendra Kumar Upadhyay

Once again the people have been assured by SPA government that Constituent Assembly polls would be held before the end of 2064 BS. This announcement has given people new hope. However, the Adivasi Janajati Mahasangh and the newly formed Tarai-Madhes Party have expressed dissatisfaction and blamed the government for ignoring their demands. This has compelled people to remain cautious and not get carried away.

The issues raised by Janajatis and Madhesis have to be addressed and resolved for holding of free and fair election participated by all sections of the population. Since failure to hold the polls twice has already tarnished the image of the government, further uncertainty would only add fuel to the question of its legitimacy and push the country towards anarchy. Therefore, certain tasks have to be accomplished before the ballot date.One of the main demands of dissident groups is an agreement about the rights of the units in the future federal state. In the Tarai region, there is demand for a single unit encompassing the whole Tarai region. There are also demands for a Tharu unit or units based on Maithili, Bhojpuri and Awadhi language-speaking areas. In order to resolve the issue, either a political conference of all stakeholders in Tarai (including the political parties) has to be held or a referendum should be called to determine the aspirations of the Tarai people.

Holding a referendum before the CA polls looks neither easy nor feasible; the only alternative is to hold a political conference. The other means could be holding a referendum simultaneously with CA election. It would put an additional burden on the Election Commission (EC) but would ensure larger participation of the people that would help the government take crucial decisions on the formation of new units composing a federal state. Since the interim constitution has already declared that the structure of Nepal would be federal, the constituent assembly has to determine the shape and size of federal units. An agreement among the stakeholders on the formulae for creation of new federal units, therefore, has to be found.

In the hilly areas, there seems to be an overwhelming desire among the public for the creation of federal units on the basis of dominant ethnic groups — that takes care of the language issue as well, as each ethnic group has its own language and culture. In the Tarai, however, the language issue and the issue concerning the cultural heritage of Tharu people remain sensitive. Naturally, in order to determine the aspiration of the sovereign people a mechanism has to be developed which does not hamper the constituent assembly election and also ensures peaceful, free and fair polls.

A new state structure in itself is not sufficient to build a new Nepal where all the citizens would have equitable share in policy-making and administration. The rights of an individual cannot be compromised on any ground. The essence of inclusive democracy is respect for the rights of every individual, no matter what community or group s/he belongs to and irrespective of the place s/he resides. There should be no move to evict any individual or group on any ground whatsoever and any such attempt must be punished as a criminal offence. The dominant groups would play the major role in the federal units but the minorities too would have their say as individuals and groups in a secure atmosphere. The issue of the right to self-determination has to be defined clearly and addressed in earnest. The people of each area under the federation ought to enjoy the right to determine the administrative, legislative and judicial apparatus, but not the right to secede, declare independence or merge with another nation. Abraham Lincoln, the most admired president of the then largest democracy, could not tolerate the act of secession by the southern states of the USA. The new units in the federation ought to have total control over their territories in all governance-related matters.Though we do not have sufficient time to linger in discussions, we have enough to convene a political conference on the limited agenda of formation of the new units and its basis and leave the details to be worked out by the constituent assembly in which all the stakeholders would have equitable participation. The need of the hour is to pay attention and show the willingness to accommodate the demands of Janajatis and Tarai in all seriousness.No amount of poll preparations will be enough to hold the election in peaceful, free and fair atmosphere unless the political questions are first resolved. The technical aspects of the polls have been laid out by the Election Commission well in advance, however the political aspects remain unresolved as yet. The only way to ensure polls is to motivate people to participate in the election with a clear mind that can weigh sensitive issues on their merit.

Source: The Himalayan Times, January 14, 2008

New hope for Nepal

Paul Soren

The prolonged confusion and apprehension over holding of Constituent Assembly (CA) elections and the issue of monarchy was partially resolved when the Seven Party Alliance (SPA) and Maoists signed a 23-point new agreement on December 23, 2007. This is fourth major agreement reached between the SPA and Maoists after the Jana Aandholan of April 2006. The interim government also approved the new pact which it is hoped will pave the way for the CA polls.

The interim parliament also passed an amendment bill to the interim constitution, declaring that Nepal would be a federal democratic republic after the CA polls. This will finally lead to the abolition of monarchy during the first sitting of the constituent assembly. It has also cleared the decks for the Maoists to rejoin the cabinet. The ball is now in the Maoists court and they have to make a move. They have to keep their commitments and join the democratic process and also ensure that polls are held on time.

For the present the new pact seems to be a good deal as it has cleared some of the existing political uncertainties and hiccups. This appears to be a tangible roadmap for a New Nepal. However, there are a few key questions which need to be further probed before making any conclusive statement. Will the 23-point pact pave way for timely CA polls and end the ongoing political crisis? The major demands of the Maoists have been addressed but what is the guarantee that they will sincerely participate in the polls? Will the Maoists come up with new set of demands to obstruct the CA polls? More importantly, will it address the Madhesi concerns and accommodate their political ambitions?

Analyzing it positively, it indicates that the new pact should be able to end the political stalemate in the country. The new agreement has primarily addressed two of the major issues obstructing the peace process and delaying the polls. The Maoists ’ demand for a republic and proportional representation has been met. Though the second Maoist demand for a full PR system has been partially met but it could still be acceptable to them. Similarly, in an effort to bring inclusiveness in the polity, the interim parliament also amended the constitution and increased number of members from 497 to 601. Thereby, 335 members will be elected under the proportional representation system, 240 members on first past the post system and 26 members will be nominated by the Prime Minister. It is expected that the amended constitution will be able to accommodate aspirations of the marginalised and deprived sections of the country. It should provide them an opportunity to represent their political viewpoint.

Despite all these positive trends, the government has several daunting tasks to perform. Firstly, it has to address the Tarai problem because elections cannot be held if the Tarai is left burning. Secondly, the security situation in the country is worrisome and need to be improved. The government has to take into account all these critical issues and address them on priority basis. Further and this is very important, the SPA members and Maoists have to stay united and stop playing the blame game. They need to co-operate with each other and find viable political solutions to the various problems the country. They also need to evolve a consensus over these issues and take them to their logical end.

Essentially the new deal enables the Maoists to rejoin the interim government by addressing two of their major demands. The rising aspirations of the Nepali people for peace and stability, require that political players play a leading role in establishing peace. They should also cooperate with other parties in sustaining the peace process. The Maoists credibility, will determined by their seriousness and adherence to their commitments. Manipulative politics and rigidity have to be replaced by transparency and flexibility in finding solutions to problems. The Maoists need to prevent their cadres (especially the Young Communist League) from indulging in terror and unlawful criminal activities. Any further attempts to stay away from the polls or creating obstacles in the holding of polls will rebound on them.

Since the institution of monarchy – controversial and meddlesome in politics -- has always been a focal point of debate in Nepali politics there has always been a struggle for power between the monarchy and democratic forces. The Maoists were the latest entrants in to this struggle to abolish what they described as a feudal institution. The new pact would eventually lead to the removal of monarchy in the country. The resultant amended constitution has empowered the parliament to abolish monarchy if the government suspects that the monarchy is playing a spoiler hand or intends to thwart the peace process. However, the Maoists would ensure that the monarchy is wiped out completely from the Nepali polity. The bill eases the government’s burden as it can now attempt to hold the polls by mid-April 2008.

There are a few negative aspects of the new pact and amended constitution. The new agreement does not directly address the ongoing Tarai problem inviting criticism from opposition party members and agitating Madhesi groups and the SPA and Maoists have been accused of taking arbitrary decisions. They alleged that common citizens have been deprived of their rights in the decision making process. It is true that the SPA and Maoists have neglected Madhesi aspirations by not addressing issues raised by them. It appears that the new pact is meant only to appease the Maoists rather than finding a political solution endangering the country. The SPA and Maoists have completely ignored that stability in Tarai is a very critical element for holding of a successful election. The Tarai problem if left unresolved has the potential to further complicate the peace process and aggravate the situation. Therefore resolving the Madheshi problem should be of the utmost importance for the government and parties.

The new agreement is an opportunity for the parties and Maoists to end the ongoing political crisis and will be a feasible roadmap for creating a new Nepal provided the SPA and Maoists can give up their petty political interests and exhibit the political will to address some of these pertinent issues like the Tarai problem and avoid delaying the polls. Most importantly, the SPA and Maoists have to create a conducive environment for the success of the polls.

Source: Observer Research Foundation, New Delhi, January 7, 2008

Madhesis have a right to declare independence

Former Minister of Science and Technology Mahanta Thakur left the interim government to form a new party. He began his career in politics as a student leader in the early 1970s. He contested the general elections from Siraha. After having been a member of the Nepali Congress for more than 37 years, Thakur left the NC at a time when the party needed him most. Thakur does not believe the government can hold the CA polls in mid-April because of the deteriorating law and order situation in the tarai. Thakur spoke with Puran P Bista and Kamal Raj Sigdel of The Kathmandu Post on the future political course of his party and his demand for greater autonomy with a provision for self-determination.

Excerpts:

Q: You have formed a new party right after the SPA agreed to hold the CA elections by mid-April. Is your new party prepared and in a mood to participate in the polls?
Mahanta Thakur: We are not against the government's plan to hold the CA elections by mid-April. But the people in the tarai want to see their issues settled first. Elections are a constitutional process to express your views in a peaceful manner; but having said that, the current situation in the tarai is not conducive to holding elections. Peace and security are prerequisites for holding the polls.

Q: You have also expressed dissatisfaction with the 23-point agreement struck recently by the SPA. Is this a prelude to your boycotting the CA elections possibly to be held in mid-April?
Thakur: We have not protested against the agreement. There is a burning problem in the tarai right now, but the SPA is ignoring it and going ahead with its own agenda with a one-track mind. This has created enough room for suspicion. All the major political parties are well cognizant of the problems in the tarai and what's going on there. There is state-sponsored terrorism. Incidences of extortion and abduction are daily affairs. Violence has increased. In such a situation, I think the general people of the tarai don't want the election to be held. First, there should be peace, the violence must stop, and the issues settled.

Q: You mean you do not believe the CA polls will be held in mid-April as the SPA is preparing to announce.
Thakur: That's what the people of Madhes have been saying. We are planning to visit the tarai and tour all the districts. And we will decide accordingly. We will collect information about the problem in the tarai by sitting down face-to-face with the local people. If the government and others cooperate with us and peace is restored, we can hold the elections.

Q: You have named your party Tarai-Madhes Loktantrik Party. How do you define tarai and Madhes? Who are the Madhesis according your definition?
Thakur: This is just an illusion. Both terms are being used interchangeably. There is no difference in their meanings. And there is no politics hidden behind that.

Q: When you define Madhes and Madhesis, do you include all the people of different origins and castes presently living in the tarai?
Thakur: We have always talked about the tarai and the hills in a holistic manner. We are talking about the 49 percent of the national population living in the tarai. We have raised overall issues. We have not talked about a certain caste, origin or religion.

Q: You mean you are raising a regional issue as opposed to a racial one.
Thakur: Yes. We have raised the issues of a geographical area, not of a certain caste or a certain party.

Q: Is this reflected in the way your party has been formed, for instance, in its membership?
Thakur: They will be incorporated in the organization in due course.

Q: You have been a devoted Nepali Congress leader since you joined politics. But you resigned abruptly and formed a new party. There are a number of parties with different ideologies already operating in the tarai. Can you, as an ex-NC leader, take them into confidence?
Thakur: All the parties are trying their best and want to solve the problems of Madhes and Madhesis. Since we all have a common goal, we have come together. Now we all agree that this problem should be solved peacefully. This is in the interests of the nation and the people.

Q: There are different parties in Madhes; some armed, some unarmed. How would you characterize them?
Thakur: Our party has stated clearly that all the political groups fighting for the Madhesi cause should come together. We are making efforts towards that end. If we advance together, there will be less problems for the people, they will get relief, also less effort will be required. We have publicly appealed to everybody to unite for the cause. As part of our campaign, we held consultations with the tarai parties before we established our party. We will have formal talks with them now that we have formed a party. Then we will go ahead with some coordinated programs. They have agreed informally that we need to act together.

And as for those who are operating underground, we have not yet talked to them face-to-face. But they have expressed their appreciation and welcomed our initiative through different media in the tarai. They have congratulated us. We have taken it positively. We will meet them and request them to join our peaceful movement.

Q: Judging by the fact that Upendra Yadav of the MPRF and several others did not attend your party's inauguration, it appears that your party will also become just another in the procession of parties that have emerged in the tarai. In such a situation, how will you be able to add new dynamism to the Madhesi movement?

Thakur: We will have formal talks with them to finalize matters.

Q: Do you think that the armed groups operating in the tarai will join open politics if the demands that you and other unarmed political groups have been raising are fulfilled?

Thakur: They are in politics even now. They are different only in their approach. Since they are raising political issues, we must say it is politics. It's only the way they are doing it that is different.

Q: Different parties in the tarai have been raising different demands. You have come up with your own. So what are your party's demands?
Thakur: We want complete autonomy. The local people should be involved in running the local administration. This is not happening at present. Everything is run by the center. The Madhesis do not see their reflection in the faces that are sent there to handle the local administration. For this reason, the people in the tarai do not feel ownership of the administration. They are not in a position which allows them to say, “This is our government, and it serves us.” What is lacking is participation and autonomy.

Q: Do you think all these demands should be fulfilled before the CA polls? How practical would it be in that case?
Thakur: The people of the tarai think that it would be better if these issues are settled before the CA polls. But I think the CA is also a valid process to get our demands fulfilled. A part of our problem will be solved if the election reflects our sizeable representation. I take the CA polls as an opportunity too.

Q: The recent 23-point agreement states that the CA will contain 601 members and that the tarai will be well represented. Don't you think that this new development ensures what you are demanding in advance?
Thakur: There have been discrepancies in what is said and written. But I said that the CA was also an opportunity. It is not that we can solve all the problems at once. We can also solve some of the problems by using that legitimate process. We think this is a legitimate process and we must accept it. Why should we avoid it? But there is no such situation in the tarai for holding the elections.

Q: What are the conditions that can bring you to the CA?
Thakur: People have been clamoring that we do not believe the government can hold the elections peacefully and that their demands will be fulfilled. So our demands, such as autonomous government and Madhesi participation in the local administration, should be fulfilled. And there is truth in our demands. Every time tarai issues are raised, they get sidelined. Though the government has made some commitments, nothing has been implemented in practice to this date. The posts of CDO, police chief and various administrative officials are still occupied by a single elite community. So the people are not convinced that the government will ensure equality and bring immediate changes in our administrative and judiciary systems.

Q: Would it be possible to reform overnight the entire system that was established by the Rana oligarchy and cultivated by the Panchayat system? How should the government revamp the whole system before the CA polls?
Thakur: The government should demonstrate its commitment by acts that will convince the people that their demands will ultimately be fulfilled. The people should be assured that there will be no more extortion. For example, the police come to innocent people's houses at night and intimidate them for no reason. They are subjecting the people to extortion. They take away people's guns even if they have a license.

Q: Don't you think that the CA is the right mechanism to solve all the problems?
Thakur: The CA is an issue that is raised time and again strategically. We were not the ones who postponed the CA polls. Neither can we do that. Now all the arrows are directed at Madhes. The seven political parties quarrel among themselves and the blame is placed on us.

Q: It is said that the NC has sent you to the tarai with this new party to undermine other parties such as the Maoists that have taken hold there.
Thakur: There is not a grain of truth in that.

Q: But how could you have left the NC? You have been a NC leader your whole life.
Thakur: I have left the NC. We have formed a new party.

Q: Like all the other armed and unarmed groups in the tarai, your party has also demanded the right to self-determination. What is this “right to self-determination” in plain language?
Thakur: Regardless of whether you write it down or not, it is there. But once stated, it becomes a legitimate right of the people. If the government continues to suppress the tarai, then it is the people's right to warn it that they have a right to self-determination. Till now we have been talking about living together. But if you suppress us any longer, we have a right to declare independence and live separately.

Q: Since everybody has agreed on establishing a federal republic, Madhes too will have its own provincial government. So who will be there to continue “suppressing” you in a federal system? Won't it make your demand for “right to self-determination” redundant?

Thakur: Yes, that is possible. There are examples we can draw from other countries. Suppression can continue even after a state has been granted autonomy. There are examples of states that have separated and declared independence, and also of some that have rejoined the federation.

Q: You mean self-determination similar to the Kashmiri demand?
Thakur: That is a different case.

Q: When you are talking about self-determination, does it indicate that we are heading towards disintegration?
Thakur: I don't think that guaranteeing a state all its rights can lead to disintegration. A community with such rights becomes stronger, thus there is no chance of it breaking up. When inequality exists, the chances of disintegration are greater. For instance, several independent countries came together to form the European Union. They are working together; they have a common currency and common market and share many things. Though there are instances of disagreement among them, they are working hard to stay together. The suspicion that the country could break up is only a fear.

Q: There are several castes and groups—for instance, Tharus, Limbus, Kirats, Brahmins, Chhetris and others - among whom some have been demanding their own states while others have been demanding their representation in state affairs. How do you address their concerns?
Thakur: We are raising overall issues. We have not raised a particular community's issue. Just like when the British Empire was pulling out of India, they were more worried about the problems of the suppressed community than the Indians themselves. They could not solve the problem of the suppressed community during their reign, and when it was time to leave, they worried how the Indians could solve them.

The colonial forces who were leaving India were more worried about it than the Indians themselves. That is what is happening in our country too. The government did not show any interest in solving the tarai's problems before, but now they are worrying about how Madhes can solve the problems and issues of other communities. They are focusing more on this. We are talking about the entire tarai. We are not taking about any caste or community. We are talking about 49 percent of the national population.

Q: Have you held talks with other disgruntled groups, such as Janajatis and others who are also legitimate political forces in the tarai?

Thakur: We are in the process of holding discussions with such discontented groups.

Q: Can you include them in your program?
Thakur: No, we are not raising caste specific issues [as the Janajatis have been doing]. We are talking about a geographical region. In this sense, I think all the issues have been brought together.

Source: The Kathmand Post, December 30, 2007