Nepal again heads for constitutional crisis

Chitra Tiwari

Nepal is heading toward a constitutional crisis June 15 after Chief Election Commissioner Bhoj Raj Pokhrel notified the interim government on April 12 that the commission would be unable to hold elections to a Constituent Assembly for lack of election laws and other technicalities. He asked that the elections be held 110 days after June 14, the date specified by the interim constitution for holding the elections. No new date for the elections has been announced, nor has there been any attempt to amend the interim constitution to allow for a new date. Proceedings of the Legislative-Parliament have been disrupted for more than a month by Madheshi legislators representing southern Nepal near the Indian border, and also by Maoists.

Madheshis live in the flatlands of southern Nepal, a region called Madhesh. They are fighting for equality in Nepal's government and society. While the Maoists have returned to the legislature seeking immediate declaration of a Nepal republic, the Madheshi legislators disrupt proceedings with demands to cancel the Election Constituency Delineation Commission (ECDC), announce the date for the Constituent Assembly elections, and a new census in the Madhesh region, among other issues. Consequently, the interim Eight-Party Alliance (EPA) government that includes the Communist Party of Nepal (Maoist), formed April 1, has become an April Fool's joke, and seems ready to collapse June 15 when its term ends. The Maoists don't want to be fooled, and their leader, Pushpa Kamal Dahal, also known as Prachanda, says eight-party unity has crumbled, because its basis was the commitment of the other parties -- especially the Nepali Congress party that heads the coalition government -- to hold elections to a Constituent Assembly within the constitutionally scheduled time frame.

Last Sunday, thousands of Maoists and their supporters formed a 3-mile-long human chain around Singha Durbar, a palace that houses the offices of Cabinet ministers as well as the Legislative-Parliament, seeking the immediate declaration of a republic by parliamentary decree. Participants turned over a petition with 1.5 million signatures to House Speaker Subash Chandra Nemang, demanding the immediate declaration of a republic. Prachanda, the Maoist leader, says the new basis of eight-party unity must be an agreement to have the Legislative-Parliament declare Nepal a democratic republic and then set the new date for elections. However, Prime Minister Girija Prasad Koirala insists that declaring the republic must be left to the first session of the Constituent Assembly, as stipulated in the interim constitution.

The politicians are blaming each other for the government's failure to hold elections by the agreed date. All the leftist parties, which make up a majority in the interim legislature, accuse Mr. Koirala, 85, of dillydallying for fear his party will emerge from the elections in the minority because of the growing leftist influence in Nepal. His supporters say the Maoists are no less responsible for the government's failure to hold the elections because of their failure to abide by agreements to return the seized property of those who supported the royal regime. Under the 12-point agreement between the seven parties and the Maoist rebels, signed in New Delhi in November 2005, the Maoists agreed to return properties seized "in an unjust manner." What is a "just" or "unjust" manner remains a subject of debate. Local Maoist cadres have refused to return the seized properties of several hundred rich landowners, but allowed small landholders to return to their villages.

The Maoist rank-and-file say distributing land of rich landowners was a way to empower the landless poor, and so returning the land to its previous owners will disappoint their constituency, make the people feel cheated, and might lead them to switch sides, reducing the support base of the party. They have begun asking their own leaders how could they kill the spirit of the revolution by returning the land?

Nepal watchers say that with the exception of Mr. Koirala, who continues to insist the elections will be held sometime in November, all other parties and civic leaders now suspect the election of a Constituent Assembly will never take place -- recalling that a similar promise in 1951 never materialized, because of monarchical machinations.

Barsha Man Pun, also known as Ananta, deputy commander of the Maoist People's Liberation Army, threatened on May 5 that if there cannot be Constituent Assembly elections, and the Legislative-Parliament fails to declare the country a republic, "We, too, are not bound to stay in cantonments or continue to stick to our previous agreements."

Analysts say declaring Nepal a republic through parliamentary decree requires a political will on the part of the Nepali Congress party, but its leader, Mr. Koirala, is speaking tongue-in-cheek because of his love for ceremonial monarchy, since the latter could be an effective shield for Mr. Koirala's party against the communists. In fact, the late B.P. Koirala, founder of the Nepali Congress party, the first elected prime minister in 1959, and elder brother of the current prime minister, realized this long ago when he said that his and the king's neck were "welded together." Constitutional analysts say the interim constitution needs to be amended right away to allow the government to fix a new date for Constituent Assembly elections and to allow the Legislative-Parliament to abolish the monarchy. Maoists think they see a conspiracy in delaying the elections hatched by "international forces in league with domestic monarchical reactionaries placed within the seven parties." They think the intent is to keep intact the network of monarchical old boys and characterize Mr. Koirala as the long hand of the United States.

Meanwhile, civil unrest and violence in the countryside are on the rise, prompting the U.S. State Department to issue a travel advisory on May 7, saying: "Violent clashes between Maoists and indigenous groups have taken place in recent months in the Terai region, along the southern border with India, in one case resulting in 27 deaths. Ethnic tensions in the Terai region have spawned violent clashes with police, strikes, demonstrations and closures of the border with India. The U.S. Embassy strongly recommends against non-essential travel to this region. Clashes between Maoists and groups who oppose them also recently have extended into Katmandu." The ethnic civil unrest has spread throughout Nepal, a country inhabited by nearly 90 ethnic groups. A coalition of hill tribes has demanded federal restructuring of the state on ethnic lines, with the right to self-determination and proportional representation in the interim constitution before elections to the Constituent Assembly. It has called for nationwide protests starting May 17 and a general strike on June 1, 10 and 11.

The Madhesis have been agitating since mid-January, demanding autonomy. They have clashed with police as well as former Maoist militias now called the Young Communist League (YCL). The clashes have claimed nearly 60 lives, including those of 27 Maoists, and damaged Nepal's economy. Analysts say the peace process in Nepal has become a hostage of the government's failure to hold elections. The Maoists have refused until Nepal is declared a republic to cooperate the United Nations Mission in Nepal (UNMIN) for the second stage of verification of their cadres, a new date for election is scheduled, living conditions in the U.N. supervised cantonments are improved and salaries and job guarantees to the combatants are assured. The U.N. representative Ian Martin says the Maoists' obligation to allow verification is unconditional and that the UNMIN cannot accept its linkage to any precondition. Analysts say the rising civil unrest, political bickering, parliamentary disruptions, and a decreasing level of political communication within the Eight-Party caucus indicate a diminishing chance for elections to a Constituent Assembly anytime this year. The situation appears to be ripe for yet another uprising that could settle the leftover issues of last year's unfinished revolution, namely, abolition of the monarchy and the passing of power to the Maoists, now rechristened "republican democrats."

Source: The Washington Times, May 19, 2007

Prachanda to talk with PM regarding monarchy's future

Maoist chairman Prachanda has said he would hold talks with the prime minister regarding declaring the country a republic from the House before the eight party meeting gets underway.
He said this while talking to reporters in Pokhara Friday where he is currently in to garner support for the republican proposal that Maoist MPs tabled at the parliament last Sunday .
"Except Nepali Congress (NC), other parties have already agreed to declare the country a republic from the house," the Maoist supremo told Kantipur daily, adding that he would talk with the PM about this issue after he returns to Kathmandu.

If congress (NC) agrees, then the institution of monarchy would easily be abolished, he added.
He also warned that if NC declines to declare the country a republic then the Maoists would take to the streets to step up pressure on the government for it.
During his stay in Pokhara, Prachanda had also met CPN-UML leader Bamdev Gautam and held discussion on a broad range of issues including establishing a republican set up and forging a leftist alliance. Prachanda is due to arrive in Kathmandu today.

Ethnic cleansing

New York-based Human Rights Watch has rightly assessed the gross violation of human rights in Bhutan. The Druk regime, which evicted over one hundred thousand people back in the 1990s, continues to deny the rights of minorities living there for centuries. Now, the fear is that the third country resettlement plan undertaken by the United States may further encourage the Druk dictator to evict the remaining Lhotshampas. And this is happening at the behest of India -- the largest democracy, which is backing Bhutan's policy of ethnic cleansing. Bhutan has adopted several ways to evict the Nepali minority. First, it has introduced a 'No Objection Certificate' system. It is a must for admission in schools, registration of any firm, running a business establishment for a living or employment. Issuance of such certificates has denied the basic education to the children of Lhotshampas. Second, Bhutan has no constitution as to ensure the rights of the minority. The royal edicts are the supreme law of that country. As a result, hundreds of innocent people have been languishing in the Druk jails for decades.

No country has committed such heinous crimes against its people. Bhutan has denied no objection certificates to the Lhotshampas, with a clear intention of evicting them gradually. It has denied the right of over one hundred thousand refugees to return to their homeland. Yet, some Western countries, which are defending democracy across the world, have funded development projects in Bhutan. India has gone to the extent of protecting the autocratic regime. Earlier, Northeast Indian states did so to uproot the Nepali settlement. Hundreds of thousand of people of Nepali origin were forcefully evicted from Manipur, Meghalaya and Assam states in the 1980s citing them as foreigners. Now, Bhutan has done the same thing as Northeast Indian states did in the 1980s.

Bhutan is planning to hold polls early next year to eyewash the international community. The refugees languishing in UNHCR-administered camps in eastern Nepal will not be allowed to participate in the elections. Although the Druk regime has admitted that the refugees are bona-fide Bhutanese citizens, it has refused to take them back. Besides, the mockery of Bhutanese democracy is that the regime has allowed no individuals to form a political party. While one-fifth of the population is languishing outside Bhutan as refugees, how credible and authentic would such elections be? Obviously, Bhutan has not given up its state policy of ethnic cleansing. It continues to adopt techniques to block the repatriation attempt and sweep the minority out of its territory. Bhutan could do so by taking the side of the largest democratic country, India.

Source: The Kathmandu Post, May 19, 2007

Put The House In Order

Ritu Raj Subedi

The continued disruption of the legislative-parliament has further complicated the ongoing political deadlock that emerged following the failure of the coalition government to conduct the constituent assembly (CA) polls as per the interim statute. The current interim parliament is an outcome of the popular April movement, which set the loktantrik process in motion. The House of Representatives, restored after the movement, made some landmark announcements, including the curtailing of the King's sweeping powers and establishing full-fledged democracy in the country. Although the present parliament contains most of old faces from the major political parties, it has, for the first time, been represented by a considerable number of Maoist lawmakers. All of them have not been there through a fresh mandate of the people, but they have a vital role in taking the nation towards sustainable peace by instructing the government, and formulating laws and regulations in line with the spirit of loktantra.

Protracted impasse

However, the importance of the parliament has been overlooked by none other than the lawmakers of the ruling parties. It has been in a limbo for more than a month. In the beginning when the Maoists were not inducted in the government, they halted the regular proceeding of the parliament, demanding the formation of a new government that included them. After a brief interval, they continued to create pandemonium in the House following the Gaur carnage and deferral of the CA polls. Then after, the Madhesi lawmakers from all the political parties represented in the parliament joined the fray to press the government into fulfilling their demands. More recently, the Rastriya Prajatantra Party has also joined the agitation in the House only to protract the impasse. One of the interesting features of the protest scenario is that all the Madhesi MPs are up in arms to meet their demands, giving birth to factionalism in the parliament on communal lines. They have threatened to defy the whips of their respective parties if they are told not to raise their demands in the House. Their postures have raised some questions: Why do these MPs fail to channelise their demands through their parties? Why are the major political parties represented in the House mere spectators to this scenario?

By continuously disrupting the parliamentary session, the Madhesi MPs have challenged the leadership of their respective parties in sorting out the problem. While they are unilaterally calling on the parliament to heed to their demands, reports of instigation of communal feelings in the Terai are trickling in. People hailing from the hills have been constantly under threat and intimidation there. Some armed outfits operating in the Terai belt are targeting the Pahade communities. The government employees of hill origin live in fear as Madhesi militant groups are out to displace them from the administration and other government bodies. This tension has been further intensified after a minister representing the Terai sparked a controversy by saying that the region should be led by Madhesi leaders, not by people of hill origin. Is it just a coincidence or is there a link between the House obstructions and the rising tension in the Terai? The century-old social and cultural harmony existing among the various castes and communities have been alarmingly disturbed, thanks to the Maoists who launched political slogans on racial, communal and geographical lines during their people's war some 11 years ago. They floated ideas of the right to self-determination for the Madhesi, ethnic and indigenous people to muster support for their insurgency. They succeeded in their mission, but it has left behind a dangerous legacy as reflected in the Terai movement and in the activities of the Terai outfits.

These activities have threatened the territorial integrity of Nepal created by Prithvi Narayan Shah who unified small principalities into a single state nation 237 years ago. The popular movement last year did not envisage a divided nation. It had a mandate for building a new Nepal wherein all the Nepalese irrespective of class, colour and caste would realise their aspirations. The April movement aimed at establishing a democratic state that cannot be achieved when the nation is torn, and social harmony is ruffled. In response to the Terai uprising, the government approved the federal structure of governance and agreed on restructuring the state, whose modalities will be fixed by the CA polls. The parliament should work to stop the disturbing activities in the Terai. The parliament is a place where the nation's burning problems are solved. By holding it hostage, the situation will only worsen. The House deadlock will definitely disrupt the process of the CA polls as some major laws are yet to be enacted. The CA polls offer an opportunity for all, including the Madhesi people, to have their demands fulfilled. This fact should be realised by the agitating MPs.

Sensible way

Speaker Subash Chandra Nemwang launched a series of consultations with different political parties to end the impasse but was unsuccessful. Frustrated with the continued obstruction in the House, Prime Minister Koirala even went to the extent of saying that the government might be forced to take harsh measures if the lawmakers failed to cooperate with the government for the smooth running of the parliament. People do not want any autocratic government. They want the eight-party leaders to find a sensible way to solve the impasse in the House and avert the looming danger that has surfaced in the Terai.

Source: The Rising Nepal, May 19, 2007

Emerging Role Of Human Resource Management

Dr. Shyam Bahadur Katuwal

Human resource management (HRM) has been given importance in the academic and professional fields because of the role it plays in enhancing organisational performance. Presently, organisations are successful on account of competent human resource. Thus, human resource management is a requirement in facing competition successfully rather than fulfilling the legal and mandatory requirements. The role of HRM in Anglo-American organisations is said to be action-oriented, individual-oriented and future-oriented. However, in the case of Nepal, although the scenario of human resource management has been gradually shifting from record keeping of employees and providing piecemeal solutions to HR-related problems, it has not improved to the extent desired. Hence, Nepalese organisations are unable to face HR-related challenges, achieve business strategies and make them competitive and advantageous.

HRM in NepalDeveloping and utilising human competencies for organisational effectiveness in Nepal has received low priority from people involved in managing HR. HR managers are happy performing routine work concerning personnel administration, record keeping, welfare, discipline, labour relations and other operational issues rather than developing and utilising human resources and integrating HRM activities as a part and parcel of the business strategy. Managing human resources, therefore, is preoccupied with the traditional functions of personnel administration. Even after the changes in the socio-eco-political and technological environment in the country, Nepalese organisations face problems of low productivity, poor motivation, morale and satisfaction, adverse labour-management relations and so on. Such problems are more serious in public enterprises because of the unstable political environment, short-term political vision and excessive political interference in the day-to-day affairs of the enterprises. As per the Public Accounting Report 1997, the government blames the top executives of public enterprise for only unpardonable inefficiencies of the public enterprises. Except in some forward-looking organisations, linkage of HRM, including human resource development (HRD), with organisational performance and corporate strategy is still neglected.

Factors for the slow pace of development of HRM in Nepal are centralised organisations, lack of trust between labour and management, frequent changes of executives especially in government organisations and public enterprises, over and understaffing due to lack of appropriate human resource planning, feeling of seniority complex and lack of budget for HRD. The other emerging problem for the underdevelopment of HRM in some organisations is the protective market. The organisations operating in a protective market environment do not feel any responsibility of developing the necessary human resources for competitive advantages. Although it is mandatory to hire a labour welfare officer, many large organisations prefer to appoint a personnel manager/officer to look into the recruitment of personnel, including managerial ones. Thus, innovative human resource practices that emphasise a people-oriented, participatory, progressive and committed approach to HRM is out of bounds for most of the Nepalese organisations.The growing internationalisation of business has its impact on HRM functions. In the contemporary business environment, Nepalese organisations are in a constant state of competition. As the intensity of competition increases, the need for organisations to continuously improve their performance is a compulsion for their survival. The significance of traditional sources of competition like natural resources, technology and economies of scale is decreasing because these resources are easy to imitate. Since HR is an intangible, irreplaceable and inimitable asset of an organisation, the importance of HR in global competition began attracting the attention of Nepalese organisations since the 1990s with the liberalisation of the economy.

Direct investment by multinational corporations for global competition has forced organisations to find effective means of developing and utilising quality manpower. This, being so, the effective management of human capital, not physical capital, may be the ultimate determinant of organisational performance. Competition from multinational and domestic companies has compelled many enterprises to resort to downsizing, acquisitions, mergers or divestitures. The reorganisation will have an impact on the employees. They experience anxiety and uncertainty about their job in the new organisation. Thus, retention of quality employees is another concern of present organisations.The growth of powerful trade unions after the advent of democracy in 1990, introduction of protective labour laws, and increasing value of professionalism in the field of HRM, increasing size of organisations and introduction of new technology have further given impetus to changing the traditional role of human resource management in Nepal.An important key to the success in the gobalisation of business is the management of HR. With the changing character of competition, changed expectation of the employees, interest of the weaker section of the society, demographic changes in the workforce (increasing number of working women, young employees and dual-career couples with increasing awareness and education among workers and decline of blue-collar employees), the role of HRM has been changing.

The role of human resource managers, as a line function, is to coordinate HRM policies, programmes, procedures and activities with the business strategies for the attainment of corporate goals. Consequently, in order to cope with changes in the business environment, innovative HRM practices like Internet recruitment, use of psychological and behavioural tests for selection of employees, participatory goal setting, team appraisal and 360-degree appraisal are required in the different organisations.Participatory career plans, job rotation, need based training, attitude and communication training, challenging job assignment, team rewards, performance linked bonus, family directed rewards, greater transparency, outplacement service, exit interview and retirement counseling make HRM proactive to the global changes. Evidences indicate that HR practices influence employee attitudes, behaviour, perceptions, organisational climate and other human resource performance measures, which in turn lead to human resource performance and thereby organisational effectiveness.

Skilled labourIn the changed economic structure and patterns of competition, managers including HR professionals are required to facilitate the process of organisational development in place of controlling people through traditional personnel management. They must work to develop specialised skilled labour, manage a flexible work environment, create organisational constellations and strike strategic alliances for regular exchanges of manpower and information among the constellations. Competitive pressure, changing social values and need of employees have encouraged organisations to bring innovative HRM. Except in some big private organisations, joint venture banks, multinational companies and INGOs, the role of HRM is not considered yet to be of strategic importance to attain organisational goals in Nepal. Yet, it is expected to play a strategic role in making Nepalese organisations competitive in the years to come.

Source: The Rising Nepal, May 19, 2007