Dissatisfied groups : Multilateral talks for consensus

Shailendra Kumar Upadhyay

The Constituent Assembly (CA) polls have been scheduled for November 22. The Election Commission has also determined the dates for various procedures to be adopted to hold the elections in November. However, there is still considerable doubt if the elections can be held in a peaceful atmosphere.After a decade-long Maoist insurgency, it was hoped that all issues would be resolved through dialogue and other peaceful means. However, guns have not fallen silent in the Tarai and the threat of violence in the Hills looms large as the government has failed to address the dissent among various ethnic groups.While the minister in charge of dialogue with dissenting factions has engaged in a series of meetings, they have so far been inconclusive. The threat of more militant movements has been issued by those dissatisfied with the slow pace of the government to address their demands.

Meanwhile, the Maoists’ demand to ban the Madhesi Janaadhikar Forum and the reciprocal MJF demand for the ouster of the Maoists from the government (and for a ban on YCL) further complicate the matter.Imposition of a ban on any political group only accelerates the clandestine work of the banned entity. Moreover, imposition of a ban on any entity cannot be regarded as democratic, particularly after the success of the Jana Andolan II, which mandated the creation of a new Nepal — a democratic, inclusive and dynamic nation.If the elections have to be conducted in November, the government has to do a lot of work to promote and sustain peace in the country. The emphasis of former US president Jimmy Carter on maintaining law and order has to be taken seriously.

Also, in order to increase trust in the government’s intent, the government ought to change its tactics with respect to talks with dissenting parties. An atmosphere must be created in which instead of agreement between two parties, a general agreement emerges between all stakeholders.Looking at our own experience, we find that rigidity on the part of any negotiator is bound to boomerang. When the Maoists were invited for talks for the first time during Deuba’s premiership, the dialogue failed as the government was not ready to discuss the need for a constituent assembly. The same story was repeated during the talks under Lokendra Bahadur Chand and Surya Bahadur Thapa; but the main cause of failure on both occasions was the overshadowing of civil government by the security forces.

The King gave his ear only to the security forces and ignored the political entities, thus torpedoing the dialogue.Today again the peace process hinges on the issue of electoral process. Indigenous ethnic groups, Tarai residents and Dalits are demanding proportional representation in the CA. The government, for its part, is adamant on mixed electoral system. Along with the electoral procedure, the demand is to spell out the details of the new state structure.Though there is a common agreement to adopt a federal system, the composition of the new administrative units is still a sensitive matter. Then arises the question of what type of authority and control would be bestowed on the new units. The general demand of Madhesis as well as various ethnic groups has been the creation of new administrative units on the basis of language and ethnicity.

But the chief government negotiator emphasises how the demand to create states, provinces or districts on the basis of ethnicity will be disastrous. A negotiator has every right to emphasise his point of view, but it is not necessary that the negotiator publicly contradicts and condemns the opinion of others. As long as the government sticks to its own view and the negotiator to his narrow partisan views, there is no hope for a fair dialogue. Its success depends upon flexibility shown with an interest in finding a common stand on important and sensitive issues.The experience of the ongoing process of dialogue has proved that as long as the dialogue remains strictly bilateral, it will exclude the point of view of others who are not a party to the bilateral talks.

Hence there should be a common platform for the discussion of the needs of all the dissenting factions. A political conference for comprehensive discussion of all issues before the stakeholders is the only way to arrive at a common consensus.So, the question of banning any party or group has to be sidelined completely in the greater interest and all dissenting entities ought to be brought together through a political conference which could have open-ended agendas, thus easing the long procedure of constitution-making by the CA. The directives adopted by the political conference would be incorporated in the constitution and so the period of constitution making would be short and smooth. New Nepal cannot be built on old prescriptions. New thought process and courage are needed to build a prosperous Nepal.Upadhyay is ex-foreign minister

Source: The Himalayan Times, June 26, 2007

Inclusive Policy

MINISTER for Peace and Reconstruction Ramchandra Poudel has said that the government would move ahead by satisfying the entire classes of the society including the ethnic groups, Madhesis and others to create a conducive atmosphere for holding the constituent assembly election. At a function organised by the Federation of Nepalese Journalists, Kaski in Pokhara Tuesday, Minister Poudel, who is also the general secretary of the Nepali Congress, has called upon all the political forces, civil society and general people to remain united and work collectively to complete the ongoing political and peace process.

The constituent assembly election is the only way to resolve all the problems in the country. In fact, the mandate of Jana Andolan II is to institutionalise the achievements of the movement and restructure the state and establish permanent peace in the country through the constituent assembly election. The constituent assembly would write a new constitution of the country, which is the best democratic practice in the world. Thus, the eight political parties and the government have vowed to hold the election in time. The government has already fixed the date for the constituent assembly election for November 22 this year.

There is a demand from various quarters for inclusive democracy. The interim constitution has also incorporated the provision of inclusive democracy, which would ensure participation of all the people irrespective of their caste, ethnicity and faith. This is the spirit of genuine democracy. Although we had a democratic system in the past, we could not completely embrace inclusiveness. As a result, a few people belong to the elite communities and upper class groups took benefit in the name of democracy. Poor, backward communities and ethnic and indigenous people were left out of the political mainstream.

Those who were out of the mainstream did not feel any ownership of the political system and the government. When all people feel ownership of the political system and the government, then only can the political system succeed and command the faith of the people. Because a section of the society remained out of the political mainstream even after the change of 1990, when multi-party democracy was re-established, this gave rise to the Maoist insurgency. The nation has accepted this fact, and the government has vowed to ensure inclusive democracy in which all people would have equal participation and representation. This is the spirit of genuine democracy, which needs to be translated into action. And constituent assembly election will help put this principle into action.

Source: The Rising Nepal, June 30, 2007

Leadership And Democracy In Nepal

Suresh Sharma (Poudyal)

Nepal's economic development and democracy continue to be in the doldrums even after the country having entered a democratic era in 1990. During the partyless Panchayat regime, the leaders of the political parties were mostly engaged in clandestine meetings and delivering speeches from their hideouts to prevent themselves from being caught and put behind bars by the royal administration and its henchmen. During this period, the political parties were prohibited from mass gathering and carrying out political activities. People hardly dared speak against the royal regime, lest they faced prosecution or even punished without a chance for a bail or release on parole.

Leadership qualities

After the country was liberated from the king's authoritarian rule in 1990, the party leaders came out of their hideouts and celebrated the glorious victory of the people. Majority of the not-so-literate citizens of the country were perplexed by the new developments taking place around them. They didn't really understand what democracy meant. They were just carried away by the well-crafted speeches of the leaders, and majority of them just remained mute spectators.

Slowly, they started voicing their concerns and understanding the changes taking place. The whole country was ushered into a new era of multi-party politics, guiding Nepal's development into the 21st century. On the positive side, during the 14 years of post 1990 Nepal, the number of political parties, non-government organisations, banking and the private sector and businesses mushroomed. The development of the media and telecommunication sector flourished, foreign employment and remittances increased sharply. However, on the flip side, the country's government changed frequently. The Maoist insurgency dominated the country's politics and media headlines for more than a decade. King Gyanendra's direct rule for more than a year caught the attention of the whole world, and the country's image plummeted in the eyes of international observers. Finally, after the mega event - Jana Andolan II in April 2006, King Gyanendra bowed down to the people.The Maoists joined mainstream politics after a lot of deliberations and negotiations with the seven major political parties. Presently, the Maoists have already entered the coalition government with the mandate to hold a free and fair Constituent Assembly Election.

So far, 14 months have already passed since Jana Andolan II, and the country is still brimming with instability, insecurity, lack of political trust, human rights violations, newly emerged ethnic tensions and political uncertainty. There may be many underlying factors or causes leading to this present situation. However, the principal reason for this tumultuous disorder and unrest over the years is a sheer lack of effective political leadership. Now, let us examine what are the attributes of true leadership and why our leaders have failed so far.If we are to accept the basic premise that leadership is the art of influencing, cajoling and directing people to accomplish a given mission or goal, then we must agree that there is more to leadership than merely barking out orders from a personal power base. Wise leadership involves speaking, listening and learning with farsighted vision, planning and action. According to a research study in 1999 by Warren Bennis, professor and founding chairman of the Leadership Institute at the University of Southern California, all leaders share four significant personality traits: vision, passion, integrity and courage.

Bennis also found that leaders share five common competencies ? technical competence, interpersonal skills, conceptual skills, judgement and character. Out of these, Bennis claims that character is the vital element that determines a leader's effectiveness, adding that "leaders rarely fail because of technical incompetence" but more so for lack of character. However, apart from these aforementioned qualities, there are three other hidden qualities of great leaders. These hidden qualities are not easily discernible, but are found in the best of leaders. These qualities are empathy, personal responsibility and an openness to discovering the truth. How many of these personality traits, competencies and qualities do our Nepalese political leaders possess or apply them in their day to day lives and in making decisions of public interest? This is a question which haunts every conscious citizen even more strongly in the present transitional phase. Empathy - the ability to sense and respond to the feelings of others - sets leaders apart from their peers. The leaders use it to form strong relationships, pick up early warning signs and recognise opportunities to influence. The caring aspect of empathy is what inspires people to stay with a leader, even when times are challenging. Empathy breeds loyalty.

If the leaders of the Maoist-affiliated Madhesi Mukti Morcha and Madhesi People's Rights Forum (MPRF) had displayed even the slightest common sense and empathy, the Gaur carnage of 21 March, which resulted in the ghastly killings of 27 people could have easily been averted. The loss of so many lives is a purely man-made disaster, resulting from hatred and egotism. It was a blunder on the part of the leadership of both the groups to organise their mass meetings in the same place, at the same time and try to foil each other's stage. With such mean, apathetic and narrow-minded attitude of the leaders, how can one expect them to imbibe morality and ethics? Personal responsibility is the courage and moral obligation to accept responsibility of one's actions ? good or bad. Great leaders do not wait for things to improve, but act to improve things. Earlier, leaders of the eight parties had made public to hold the polls for the constituent assembly elections by June 2007. It has now been scheduled for November 22. After the Election Commission publicly admitted the impossibility of conducting the elections in June, all the political parties started their idiosyncratic blaming game on each other for the setback. None of them took the responsibility for the delay. What does this mean? Our leaders are simply not serious about political commitments and responsibility to the people. They clearly lack foresight, and make decisions on a whim without proper planning and calculations. They also lack planning and team work. Their sluggishness and attitude of taking things for granted have cost the dreams and aspirations of the common citizens very dearly.

Lastly, great leaders are always keen in discovering the truth. They encourage debate and seek truth from it. On the contrary, our leaders seem apathetic in revealing the truth. National and international human rights groups have recently pointed out that more than 900 people are still missing and their whereabouts uncertain. Majority of these disappearances were perpetrated by the security forces during the conflict and the remaining by the Maoists and other armed groups. This week at a press briefing, the outgoing OHCHR representative in Nepal Lena Sundh demanded an end to the culture of impunity in Nepal and punishment to the perpetrators. From the lackadaisical approach of the leaders sharing power in the present government, it is apparent that they are still reluctant to dig out the truth. What a pity for the family of the victims.

Peace and security

Democracy cannot flourish without peace and security. Peace and security will be a far cry if there is no dignity and respect for individual human rights and their lives. It is now high time that our leaders wake up from their dreams and start working responsibly as true leaders, and not as deceivers, to fulfill the aspirations of their denizens. They should now rise above petty politics and deeply think for the greater good of the nation.

Source: The Rising Nepal, June 30, 2007

Protecting Child Rights

A report has portrayed a dismal picture of Nepal's children. According to the report, based on a survey by a non-governmental organisation working for the rights of the child, there are 2.6 million working children in Nepal, of which 25 per cent work in the hazardous sector. The survey on the state of the working children, which was released in Kathmandu the other day, stated that 71,500 children are working in restaurants whereas 32,000 work in stone quarries, 19,000 work as porters, about 40,000 work in brick kilns and 16,000 in the mechanical sector. All these sectors are hazardous based on the nature of work and other conditions under which these children are working.The conditions pose serious health hazards and other physical and mental risks to them. Apart from the risk involved, the child labourers have often experienced various kinds of physical, psychological and mental exploitation and harassment. The survey has pointed out incidents of sexual harassment and exploitation meted out to the working children. The UN Convention on the Rights of the Child (CRC), to which Nepal is a signatory, has defined a child as one who has not attained the age of 18 years, and the UN instrument has clearly prohibited child labour. However, the reality is different in many of the third world countries.

Many children are working for their survival mainly due to poverty and ignorance. Although governments have signed the international instruments that ban the recruitment of children, there is little progress when it comes to implementing these commitments. The non-compliance of international human rights and humanitarian laws as well as the national legislation is another strong factor for child labour. Nepal is a signatory to several UN and ILO conventions and treaties including the CRC.But a large number of children are shedding their blood and sweat in various sectors. These working children are often denied their basic rights including the right to education. In a country with a population of 26 million, 2.6 million working children is no small number. As these working children are denied an education and other rights, their future is certain to be bleak, which would further push them into the cycle of poverty. Against this background, the ILO convention has focused on the elimination of worst forms of child labour. In the present condition, total elimination of child labour does not seem feasible. Although the goal should be to ultimately eliminate all forms of child labour in the long run, an immediate strategy should be to eliminate the worst forms of child labour.

Source: The Rising Nepal, June 30, 2007

NC's Stand On Republicanism

MINISTER for Peace and Reconstruction Ram Chandra Poudel, inaugurating a building of the Tanahu District development Committee, has made it clear that republicanism is the ideal of the Nepali Congress (NC) party. He also stated that a republican set-up in Nepal was the goal of the NC. The Nepali Congress has all along been dedicated to the spirit of democracy and has waged a struggle against authoritarian regimes for more than half a century. It was this that gave the NC the strength to join hands with the other political parties that led to the success of Jana Andolan II last year. With Prime Minister Girija Prasad Koirala as the chief executive, the government is committed to holding the constituent assembly election for which the date has already been announced. On this score, minister Poudel said that there was no reason why the CA polls cannot take place within the given timeframe. It is important to note that the members can take any decision by a simple majority. It must also be remembered that there are elements that do not want the CA polls to be held and are trying to hatch conspiracies. Everyone must be alert against such elements that want to disturb the CA polls.

Democracy must be consolidated under the present circumstances. Therefore, unity among the eight political parties must be maintained at all cost. For this, there must be commitment and confidence among the parties. Petty matters must not be allowed to disturb the harmony and unity. If there are any contentious issues, they must be resolved through dialogue. To thwart any mischief from the regressive elements, the eight political parties must remain united so that the supremacy of the people is maintained. Now there is every indication that the CA polls will be held in time, and the elected members will draft a new constitution for the creation of a new Nepal. A major factor for holding the CA polls is the requirement of some legal tools, which must be approved by the legislature parliament. Once this is done, the Election Commission can move forward with its specified task. The maintenance of law and order is another important issue. With focus on these issues, the CA election can be held in a free, fair and peaceful manner.

Source: The Rising Nepal, June 30, 2007