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Wednesday, 9 May 2007

Together For Humanity

Indra Adhikari

World Red Cross Day was marked globally Tuesday with diverse activities. "Together for Humanity" was the theme of this year's events. In Nepal, different activities were carried out at the local, regional and national level to mark the day in memory of Jean Henry Dunant, the philanthropist, who generated ideas of a relief society, such as the Red Cross, and the international agreements, now popularly known as the International Humanitarian Law (IHL), in particular, the Geneva Conventions.Dignity Moreover, World Red Cross Day reminds both state and non-state parties of their obligation to respect the IHL and ensure the protection of life and respect for the dignity of civilians. May 8 also encourages Red Cross volunteers and staff to fully commit themselves to the role of reducing the vulnerability posed by armed conflict as well as natural and technological disasters in the world.Over a century and a half have elapsed since the armies of Austria and France fought ruthlessly at Solferino in Italy in 1859. About 40,000 soldiers were left dead and wounded. Thousands of soldiers from both the sides were left for want of medical care. Dunant, a Swiss businessman, was highly disturbed by the sight of the war and appealed to the local people to impartially take care of the wounded soldiers. Volunteers under Dunant's leadership provided humanitarian services to the best of their capacity.
More importantly, based on his ideas, the International Committee of the Red Cross (ICRC) came into being to protect and assist the victims of armed conflicts in 1963. Thus, events to mark May 8 are a tribute to the philanthropists, Dunant and his team, who gave birth to the Red Cross.In the course of achieving the goal of protection and providing assistance, 192 states have signed the Geneva Conventions, under which they have committed to establish national Red Cross societies. Today there are 185 national Red Cross and Red Crescent societies globally. Moreover, the International Federation of the Red Cross and Red Crescent societies has been working for better co-ordination and co-operation among the Red Cross and non-Red Cross partners to respond to the emergencies - social, natural or technological - since 1991. The international Federation is mandated particularly for disaster management and capacity building of the national societies. Nepal, as a signatory of the Geneva Conventions (August 12, 1949), accepted to formally establish the Nepal Red Cross Society (NRCS) in 1963. Recognised by the ICRC and admitted by the international Federation as a member, the NRCS has grown to be the largest humanitarian network across the country. The Red Cross' strong co-operation with the government, UN agencies and other stakeholders is essential in dealing with crises that no single government or organisation alone can tackle, such as the rising challenges posed by catastrophes, conflicts, health emergencies and migration.
In a country like Nepal, if there is armed conflict or armed conflict with natural disaster, by expertise and experience, the ICRC plays a lead role. If there is large-scale disaster, the international Federation plays a lead role, and the national Red Cross societies work with both by mobilising their volunteers. Like most Red Cross and Red Crescent activities during peace and normal times, the NRCS also operates regular activities, such as blood transfusion service, eye hospital and eye care, ambulance service, first aid service, dissemination of IHL, promotion of humanitarian values, volunteer management, disaster preparedness, water and sanitation, HIV/AIDS prevention, and dozens of community-level interventions to reduce social and economic vulnerabilities. These programmes benefit over a million and a half vulnerable people every year on average. The main role of the national society is to complement the government in its development efforts.
Thus the Red Cross or Red Crescent movement works for one central purpose - to prevent and alleviate human suffering, without discrimination, and to protect human dignity. Red Cross Red Crescent activities worldwide must follow fundamental principles, like humanity, impartiality, neutrality, independence, voluntary service, unity and universality.The Red Cross Red Crescent movement has actively involved over 100 million members and volunteers in its mission to respond to armed conflicts, and emergencies like natural and technological disasters throughout the world. The NRCS alone has about a million members and volunteers across Nepal. MDGsThe global movement is committed to achieving the target set by the Millennium Development Goals (MDGs), which is applicable to the NRCS in the local context. The NRCS has been working with governments, donors and humanitarian agencies, public and private sectors and individuals at times of humanitarian crisis. Being guided by the seven principles, it always desires to work 'together for humanity' for tackling challenges posed by conflicts, health emergencies, poverty and migration.
Source: The Rising Nepal, May 9, 2007

Eight Party Unity : Prudence, Accountability Needed

Ritu Raj Subedi

Nepal's ongoing peace process has faced another jolt after the major allies in the eight-party alliance split over the future political course of the country. There are divergent views among them, as they have failed to announce a new date for the constituent assembly (CA) polls. The existing deadlock has been further heightened with the CPN-Maoist threatening to launch a fresh agitation to put pressure for the announcement of a republic from the legislature-parliament. While the Nepali Congress (NC) sticks to the provision in the interim statute to decide the issue of monarchy through the CA polls, the CPN-UML is softly backing the Maoist call to declare the country a republic prior to the CA polls. Blame GameWhen the Election Commission (EC) revealed that it could not conduct the CA polls on June 20, a date set by the first meeting of the eight-party government, on technical grounds, it sent ripples in Nepalese politics. The EC announcement came as a blow to the eight-party alliance that is still struggling to find a way out. It also exposed the inertia of the coalition government. The EC had been urging the government to enact the necessary laws and regulations needed for the CA polls, but the parties had diverted from their central responsibility. As the commission dropped its bombshell, it triggered a blame game among the allies. The UML fired salvos against Prime Minister Girija Prasad Koirala, saying that he must shoulder responsibility for the government's failure. But the NC wants the responsibility to be shared by all members of the alliance. The UML has been calling for an eight-party meeting to end the impasse.
The CPN-Maoist has been remarkably annoyed. Maoist chairman Prachanda threatened to start another uprising if Nepal is not declared a republic by the parliament. This must have shaken the foundation of the eight-party unity. The Maoists sense a conspiracy behind the deferral of the CA polls. Haunted by the king's deceptive moves to foil the CA polls 50 years ago, it argued that until the king stays, elections to draft a new constitution can never take place. The disturbing activities by the Maoist youth wing - Young Communist League - across the country can be interpreted as reflection of the Maoist's growing restlessness. The debate over the means of removing the king has taken a new turn. The NC says the interim constitution has already shelved the matter with its provision to oust the king by a simple majority of the CA members at its first meeting. But the Maoists want to go a step ahead and do not want to wait for the result of the CA polls to seal the fate of the king. By doing so, they are challenging a popular logic that the people should be allowed to give their verdict on the 238-year-old institution. If they fail to use a plausible method to root the king out, he will be left with some space to play against loktantra, says the NC. The Maoists defy it on the basis that the mandate of the April movement was for a democratic republic that has no room for the monarchy. Thus, there will be no political problem in announcing a republic before the CA polls, they say.
The CPN-Maoist has been remarkably annoyed. Maoist chairman Prachanda threatened to start another uprising if Nepal is not declared a republic by the parliament. This must have shaken the foundation of the eight-party unity. The Maoists sense a conspiracy behind the deferral of the CA polls. Haunted by the king's deceptive moves to foil the CA polls 50 years ago, it argued that until the king stays, elections to draft a new constitution can never take place. The disturbing activities by the Maoist youth wing - Young Communist League - across the country can be interpreted as reflection of the Maoist's growing restlessness. The debate over the means of removing the king has taken a new turn. The NC says the interim constitution has already shelved the matter with its provision to oust the king by a simple majority of the CA members at its first meeting. But the Maoists want to go a step ahead and do not want to wait for the result of the CA polls to seal the fate of the king. By doing so, they are challenging a popular logic that the people should be allowed to give their verdict on the 238-year-old institution. If they fail to use a plausible method to root the king out, he will be left with some space to play against loktantra, says the NC. The Maoists defy it on the basis that the mandate of the April movement was for a democratic republic that has no room for the monarchy. Thus, there will be no political problem in announcing a republic before the CA polls, they say.
Source: The Rising Nepal, May 9, 2007

Drinking water management: Can privatisation solve all problems?

Ram Kumar Bhandari

The World Bank and the Asian Development Bank are the largest financiers of water projects in low-income countries, and the most important international institutions in policy-making for the water sector. They see the solution to meeting people’s basic requirements lying in private sector — not in public institutions. Through loan conditions, political influence, and direct subsidies for transnationals, they are actively pursuing the privatisation of water supply infrastructure, distribution, service operation, and testing facilities. ADB is now a major financier of water sector in Nepal and influencing its water policies while ignoring the public and their right to water.The pursuit of corporate interests often conflicts with public interests. Entrusting private sector with the provision of water supply and energy has, in many instances, caused social, political, economic and environmental damage. In many cases, companies have knowingly allowed such damages.
In Nepal, the water-sector is not transparent and participatory in terms of reporting, publicising relevant issues, appraising benefits, clarifying the roles of government and donors, budgeting and formulating state policies and local strategies to manage and develop water resources. But the political leadership is silent on this matter.The 1990s was the decade of water privatisation and failed experiences. It was expected to bring greater efficiency and lower prices, attract greater investment and extend water and sanitation to the poor. The actual experience has been very different. The expansion of private water companies in the 1990s was supported by the World Bank and other institutions to transform developing countries into market-oriented economies. It entered the countries of Eastern Europe with a wave of water concessions: in the Czech republic and Hungary, in Latin America, especially Argentina, where a series of water management systems of major cities were privatised. The same was done in Manila and Jakarta.
Companies failed to invest much and private investments in infrastructure were falling by the end of the 1990s. The investment of development banks also decreased. Prices rose to reflect the return on capital. When targets specified in contracts were not met, contracts were revised rather than enforced. Regulators lacked the authority and competence to control companies. The privatised water operators in Argentina are now bankrupt and despite all the support for private water sector in Latin America, they have performed no better than public sector operators.Manila and Jakarta, both with private operators, have worse levels of water loss as compared to the large cities where water is managed by public sector. India, Sri Lanka, Thailand, Pakistan, Bangladesh and Cambodia have had the same kind of experiences. As a result, there is growing opposition to water privatisation.
But still water supply services for Kathmandu Valley are being privatised as per ADB’s loan conditionalities. Although ADB views water as a ‘socially vital’ economic good, it extols the virtues of private investment. It argues that water should be allocated to and used by those who can best afford it. Furthermore, ADB supports establishment of markets for transferable water rights, policies, programmes and projects of IFIs, endangering people’s right to water.In Nepal, too, there has been a growing opposition to water privatisation from different quarters. The reason is that when water is privatised, only those who can pay get clean water. Moreover, privatisation has not improved efficiency, though it has increased tariffs without service obligations. Multinationals will only add to our debt.
The privatisation wave of the 1990s has made clear that the water needs of the poor should not be left in the hands of profit-oriented, transnational corporations. In cities around the world, water corporations have failed to deliver promised improvements and have raised water tariffs beyond the reach of the poor. Hence, foreign experiences in water privatisation must be studied carefully before coming to any conclusion on the water privatisation bill now in the parliament. Before passing it, the interim parliament must deliberate on the issue vigorously.Rather than embrace privatisation, the country should adopt a people-centred management approach, granting greater autonomy to public utilities and municipalities, and involving cooperatives and communities in the management and distribution of water. Water should be recognised as a public service and human right, and not an economic good. Nepal must learn lessons from other countries and our policies should be based on developing sound institutional and operating principles — including transparent and participatory systems of accountability — rather than privatisation. Democratic and community involvement in water management decisions is essential.Bhandari is involved in social research
Source: The Himalayan Times, May 9, 2007

Quest for guarantee

Amid the national debate on whether to declare the country a republic through the interim parliament, Nepali Congress president and Prime Minister Girija Prasad Koirala has ruled out this possibility, at least till the CA polls. Addressing the concluding session of the national workshop of the NC district presidents in the capital on Monday, Koirala said, “A republic will not materialise just because somebody speaks for it, or I speak for it.” He called the republic a “gradual process”, and saw the beginning of the practice of foreign ambassadors to Nepal presenting their credentials to the PM as a step in the reduction process of the royal powers. Alleging that there has been much manoeuvring in the name of republic, he asked the Congressites to think how the “international community” would look at the NC if it now jumped on the republican bandwagon. The “opacity and misuse” of funds received from foreign organisations for the four-day workshop were also criticised.
The workshop passed a dozen resolutions, including the call for a special general convention of the party to shape the Congress stand on the monarchy. The party’s 11th general convention, breaking with its original allegiance to constitutional monarchy, had chosen to remain secular on the issue of monarchy by purging its statute of any mention of monarchy. An overwhelming majority of the district presidents had spoken in favour of a republican order. Even now, the Congress, like any other party, has every right to support “ceremonial” or “constitutional” monarchy or stand for a republican order. Even within the NC, strong pressure is visible for a clear party position on the issue without much delay, as testified by the district presidents’ workshop. There are royalists, republicans and even fence-sitters in the Congress. However, Koirala said the party would make its stance clear when the need arose.
The NC president seems to be taking a policy of wait and watch towards the monarchy, letting things take their course, without the NC doing anything about it. His “international community” bit may give the impression that things are not ripe yet for a republican order as far as their green signal is concerned. Political analysts may make various interpretations of the Congress’s present policy, but a sizable number of them also link it to the fear of the Leftist dominance in politics thereafter. Whatever the contribution of the various factors, it is incumbent on Koirala to speed things up, including fixing a date, in preparation for the CA polls. For this, he has to win the confidence of the seven other parties in the alliance. Because once Koirala failed to keep his date with the polls, it may also be necessary to provide doubting alliance partners with a guarantee that there will not be another postponement of the polls. In the meantime, he has to convince the agitating MPs of the need to let the House proceedings resume to finish urgent businesses. This includes the second amendment to the Constitution as agreed upon, incorporating the genuine ones of the demands of the various agitating groups in the country.
Source: The Himalayan Times, May 9, 2007

Monday, 7 May 2007

Federalism New Exercise In Nepalese Polity


Dr. Panna Kaji Amatya


Federalism is a prominent system of government emerging in the world today. It accounts for more than one half of the world?s territory and population. It is increasingly and favourably being discussed and debated more and more in many a country, much more so in culturally, racially, linguistically, religiously and crisis-prone diverse and plural countries like Nepal. A state once federated is rarely found to break up. On the contrary, there are many examples of unitary states either disappearing or splitting.


National aspirations

As a unitary Nepal fails to meet the broad national aspirations, centrifugal forces are growing as a consequence of that failure. So, a nation-wide demand is being made to end the exploitive unitary system and set up a federal system in Nepal. As a result of the new awakening of the various ethnic, racial, religious, indigenous, excluded, marginalised and language communities scattered across the country, the people, during the Second Movement launched for the re-restoration of democracy in 2006, revolted against the excessive centralisation of power and their exclusion from sharing of power for an intolerably long time.That the unitary system, if imposed and continued as in the past, will sure enough augur ill for the nation has been widely talked about. However, sadly enough, the political parties and their leaders have no clear-cut agenda in this regard. They have merely included a non-committal provision in the Interim Constitution, which says: ?The Constituent Assembly will decide on the nature of the federal system.?


The failure of the rulers to clearly plant the seeds of federation in the Interim Constitution of Nepal roused the excluded and marginalised people to exasperation, frustration and fury. They felt that they had been badly done by. It was only in the wake of the paralysing movement by them, particularly in the Terai, that the coalition government of the seven political parties and the CPN-Maoists were forced to amend the Interim Constitution towards their ?commitment? to establish a federal polity in Nepal through the constitution to be made by the Constituent Assembly. Now, the question naturally arises: ?What does federalism mean? Defining federalism is a very difficult task, for this difficulty is heightened by the wide functional differences witnessed in the various federally structured polities in the world and by big gaps between theory and practice of federalism. Thus, federalism has become different things to different persons. Simply put, federalism is a system of government in which power is divided by a written and relatively rigid constitution between a central, national or federal government and regional, provincial or state governments. Under it, national and state governments are, more or less, equally powerful.


Federalism, understood so, refers to a political system characterised by two levels of government, with each deriving its power and functions from a supreme authority which is not controlled by either level and which, in turn, controls both the levels. That authority is the constitution of the union. The generally recognised principle of federalism is that there is the explicit division of powers between the national and regional governments. Whatever concerns the nation as a whole or whatever is primarily of common interest is under the control of the national government, and all other matters which are not concerned with the centre are in the domain of the respective regional governments, each level of government being coordinate and independent. If looked at federation as preached and practised in the United States, the best example of a federal government, the powers to be exercised by the national government and regional governments are specified. The residuary powers are left to the latter, which contrasts with countries like Canada and India where the residue is left to the national governments.


Equally important in this regard is the question ?Why is a federation formed?? For the formation of a federation, K. C. Wheare affirms, there are some prerequisites such as the desire of the regional units to be under a union and the desire to retain or establish independent regional governments. If one follows him further, other factors that lead to the federation are a sense of military insecurity and the consequent need for common defence; a desire to be independent of foreign powers; anticipation of economic advantage; geographical proximity; and similarity of political institutions. Traditionally, such a federal state is formed by an association of independent states federating themselves for some common purposes. Such practice was in existence in ancient Greece. The United States is the first modern country to constitutionally introduce federalism. It is the best model for other countries adopting this system or willing to adopt it. The US federalism is the most successful experiment in the community of nations. Most of the federal polities took inspiration from this model though they had to adjust and modify this system in accordance with their own national requirements. However, it has become a dynamic process rather than a static concept. US federalism has undergone remarkable changes in its nature and characteristics, the most important among them being the progressively increasing power of the national government.


In the case of the USA and Switzerland, the confederation preceded the federation. Today it cannot be properly understood on the basis of such traditional approach to federation, despite the relevance of its views and contention, and contribution to the development of the process of federation. On the other hand, the Nepalese federation to be instituted will be a different process similar to that of Spain and Belgium. In the USA and Switzerland, the constituent states become the federating units, but in Nepal, the state itself, till now all-powerful, independent, sovereign, centralised and unitary, will create its federating units and make a federal state there. The federation may be an effective means for the preservation and promotion of the interests of the geographically, socially, economically and politically disadvantaged, excluded and marginalised people. It also gives them opportunities to get themselves organised to assert their rights and contribute to the development of the nation and its politics. Therefore, arguments that the federation is expensive and complicated should by no means discourage the people from shying away from forming it. Its advantages are more worth than its disadvantages.


There is no reason to ignore and criticise it simply because it may be incongruous with the tradition. Judging by what unitary Nepal has been doing till recently, one may conclude that the unitary system is not a better system for Nepal or for good governance. In reality, federation means more governance throughout the country through constituent units and less government from the centre.Therefore, the people should by all means and to the extent possible keep debates going on regarding the theory and practice of federalism, particularly with regard to the nature of the federal structure in Nepal. The most important factor, which should never be ignored, is the adoption of the co-operative model of federation in contrast to the classical ?dualistic? model under which the powers of the national and regional governments are constitutionally distributed on the basis of localism vs. centrism notion. The co-operative model implies the existence of two levels of governments, both of which are equal partners, not equal rivals, with one government not being subordinate to the other.


Visionary leaders

However, merely talking about federalism continuously and harping on the same string is not enough. The initiation of a federal polity entails the presence of leaders who have the vision and mission to translate it into reality. Federalism to be successful requires national leaders, not mere leaders of the political parties or just sectional leaders recognised by only their cronies as we see it today. It is not wide off the mark if one says that under the unitary system there have always been governments by cronyism since the creation of modern Nepal. One may reasonably hope that federalism, once introduced, will give birth to the emergence of true national leaders with a vision of a better Nepal. This is the crying need of Nepal.

Source: The Rising Nepal, May 7, 2007