Nepal's Transition To A Full Republic

Vijaya Chalise

The seven political parties have again created history by signing a new agreement which, after the amendment of the interim constitution, will make Nepal institutionally a federal democratic republic. Following the agreement, the parliament as well has expedited the interim constitution amendment process. Ultimately, after days of delayed negotiations, the seven political parties have made commitment for a federal democratic republic in the interim constitution.

23-point agreement

The 23-point agreement has stated that the decision on the republic would be implemented by the first meeting of the Constituent Assembly (CA), but a two-third majority of the interim parliament will be required to implement the proposal of republic prior to the CA polls if the king creates any obstruction against the election. Therefore, the king now will not have any role in the state of affairs, and the Prime Minister will perform all works of the head of the state until the agreement on a republic gets implemented. Therefore, the agreement has set the stage for Nepal's transition to a full republic less than two years after the king was forced to cede his dictatorial powers following the Maoist's decade-long people's war along with the historic people's movement-2 jointly launched by the seven parties and the Maoists. Consequently, after the Nepali Congress agreed to declare the country a republic in the process of abolishing the monarchy - a key Maoist demand - the agreed document epitomises the seven-party alliance's commitment and desire to bring the peace process to a successful conclusion by holding the CA election.

The Communist Party of Nepal-Maoist (CPN-Maoist) has decided to rejoin the government. The CPN-Maoist that ended a decade-long people's war against the feudal regime had left the interim government last September demanding the declaration of Nepal a republic prior to the CA polls and implementing an all out proportional electoral system. The proclamation of a republic and the kind of electoral system to adopt had been the major points of dispute among the political parties. The Maoists had called for an immediate abolition of monarchy to ensure free and fair elections to shape the country's political future. The recent agreement has cleared the deck, and it has now assured the Constituent Assembly polls, which have been postponed twice. The parties have agreed too hold the CA elections by mid-April, 2008 and increase the number of CA members to 601, allocating approximately 42 and 58 per cent of the seats for the first-past-the-post and proportional election system respectively, with 335 to be elected under the fully proportional system, 240 through the first-past-the-post and 26 to be nominated by the cabinet. The nominees will be from among ethnic and indigenous groups who are not represented in the first-past-the post and the proportional system. Other provisions of the agreement include: the government will form commissions and committees within one month on the disappeared persons, truth and reconciliation, state restructuring, scientific land reform, and high-level monitoring of the implementation of the past agreements. The agreement for creating a high-level steering committee to ensure that the political stakeholders in the government have an equitable say and participation in running the affairs of the government within a week will obviously help eliminate the past impression over the way the government was run and conducted. Not only the Maoists but all the cabinet colleagues, except for the Congress ministers, had accused the head of the government of trying to seek monopoly over the decision-making process without taking them into confidence.

Prime Minister Girija Prasad Koirala says the 23-point agreement inked by the seven political parties has fortified the people's faith in the parties that was gradually waning. He claimed that the declaration of Nepal as a republic had already been made by the seven parties, which would be given final shape by including it in the interim constitution through parliamentary proceedings. However, some of the Madhesi factions, Rastrya Prajatanra Party (RPP) and Janatantrik Party (RJP) give the impression of being not happy. However, lawmakers of the seven political parties have welcomed the agreement and the amendment proposal of the government brought accordingly. Maoist chairman Prachanda said the new agreement that was forged among the seven parties had opened the way for the Maoists to participate in the government and that his party would take part in the election for a meaningful Constituent Assembly.Despite the positive development on the constitutional and political fronts, the people, however, may continue to voice their doubts until the election is held after declaring the fresh date. The seven parties should obviously protect the rights of the minorities, but one cannot forget that minority rights are not about allowing minority communities a free hand to spread hateful ideologies, but are about protecting the lives, livelihood and rights guaranteed by the constitution and laws of the nation.

While the country has now embraced a federal democratic republican structure, the agitating groups, including those in the Terai, have come for talks and support the new constitution-making process if they really are against peace and the disintegration of the country. Therefore, the government and the leaders of the seven-party alliance should seriously think of protecting the rights of such agitating groups so as not to give a chance to foreign actors to play their card at disintegrating the nation.Now, the government and the seven-party alliance should be serious about constituting the promised six commissions and committees within the agreed time frame. Since the Election Commission has demanded at least 90 days after the promulgation of all the election-related laws in the in the run-up of the poll, the government should not fail to implement all the agreements on time. If the government and the seven-party alliance work sincerely as per the letter and spirit of the agreements with broader understandings, a conducive environment for a constitution election could be created. The pre-requisites for holding the election are obviously the implementation of past pacts and understandings reached between the Maoists and the government and effective enforcement of law and order across the country.

Future course

As the country is passing through a very fluid political phase and national integrity and sovereignty is at risk with the delaying CA polls, decisions taken at the moment are important in determining and setting the course of the future of the nation. Therefore, the political parties should demonstrate perseverance and sincerity to ensure that the ongoing democratisation and peace-building process bears tangible fruits.

Source: The Rising Nepal, December 29, 2007

Atrocities And 2008 Elections In Bhutan

T. P. Mishra

At a time when the election date is drawing nearer in Bhutan, the Royal Government of Bhutan (RGOB) has once again begun inflicting atrocities on innocent citizens of ethnic Nepali origin.ArrestsThe state-directed court recently announced jail terms ranging from 5-9 years to 30 innocent civilian from the southern district of the country for their alleged involvement in the Communist Party of Bhutan (Marxist-Leninist-Maoist). The RGOB claims the accused had carried out subversive activities against Bhutan.

How could the RGOB claim such a thing when it does not have an 'independent judiciary' in the country? A fair trial in the name of delivering justice to the detainees has always been a farce in the context of Bhutan. This is yet another instance of Bhutan's tactics to derail the repatriation of Bhutanese refugees, now living in camps in Nepal, to their homeland.Bhutan's official media, Kuensel, further stated that seditious meetings were held in Katarey and Ugyentse in Samtse, during which the participants planned to recruit the local people and set up camps in the forests to house the terrorists belonging to the CPB-MLM. Such fabricated statements are made by the Bhutanese government when its army arrests people especially of ethnic Nepali origin. The RGOB has charged them of being active during briefing sessions in Nepal on "Political and Ideological Trainings? conducted by the cadres of the Communist Party of Bhutan and Communist Party of Nepal, Bhutan People's Party, Druk National Congress and Bhutan Gorkha National Liberation Front. Ironically, the message Bhutan is sending to the international community is that the UNHCR is providing shelter to radical groups inside the refugee camps in Nepal.

The court is said to have sentenced them to jail under the provisions in the National Security Act of Bhutan, 1992, and the Penal Code of Bhutan, 2004. The people were accused of holding political meetings, especially related to Maoist ideology, in the country. Even if they were involved in such activities, what crime had they committed to be given jail terms of such long periods, especially at a time when the elections are fast approaching near? Is this, in any way, to hold a 'democratic exercise'? The RGOB, on the other hand, should have been encouraging the people in the country to get involved in the political exercise. Besides, the condition of hundreds of such detainees arrested in the early 1990s during demonstrations in the country is still unknown to the international community.Their whereabouts have not yet been made public. There is no one to publicise the conditions prevailing in the country.

It is a matter of shame that the RGOB should transform civilians into jailbirds for such a long period despite their innocence. The atrocities of the RGOB have crossed the limits, leaving enough space to raise questions about the effectiveness of the advocacy of international rights bodies and so-called big democracies of the world. Isn't Bhutan playing with the rights of the people, and would anyone believe that it is embarking on the path of democratisation? The surprising thing is - for how long will the international community stand mute spectators to all the atrocities that go around in Bhutan? A fair trail to the detainees is not possible in Bhutan. Even if these people belong to the Maoist militia, then Bhutan should have carried out an investigation in co-ordination with international human rights bodies.

Political restriction

In the meantime, on November 28, the Election Commission of Bhutan (ECB) stated that the leaders of the Bhutan People's United Party (BPUP) have no vision, goals and aspirations for a democratic Bhutan. Besides, in a notice, the ECB said it cannot register the BPUP as a political party in the country. The ECB's decision indicates that the party lacks persons with direct links with the royal family like Sangey Ngedup of the People's Democratic Party (PDP) and Jigme Thinley of the Druk Phuensum Tshokpa (DPT). While Bhutan is holding the first-ever elections in its history, the RGOB is trying to impose different restrictions on innocent civilians. Thus, there is little room to believe that the elections will be free and fair.There is a need for the world community, including international human rights bodies, to initiate noteworthy and stronger measures to provide justice to Bhutan's innocent civilians. The RGOB shouldn't be given a free hand in committing atrocities against its people.

Source: The Rising Nepal, December 27, 2007

Setting Date For CA Polls

CHIEF Election Commissioner Bhoj Raj Pokharel is back again on the centre stage of political and constitutional discussion as the onus of holding the polls to the Constituent Assembly is shifting to the mantle of the constitutional organ, following the 23-point agreement formalised by the Seven-party Alliance recently. It is in line with the responsibility and mandate of the Election Commission to demand that the political parties accelerate the process of finalising the constitutional and legal modus operandi according to the new agreement.

Needless to repeat, the alliance has agreed to increase the number of seats in the proportional representation mode of polling, which does naturally require adjustments and changes both in the interim constitution and law relating to the election of the members of the Constituent Assembly. If the experience from the past is anything to go by, it had taken months for the parties to devise and ratify the Constituent Assembly election law. The law makers had taken most of their time in discussing and finalising the criteria for distribution and reservation of seats to the different marginalised and disadvantaged groups, including the women. However, as a framework has already been laid down in the statute, not much time should be spent by the lawmakers to arrive at a conclusion for appropriating the reserved seats to the marginalised and disadvantaged groups that have been already identified by the law.

However, should the political stakeholders repeat the previous tendencies of raking up one issue after another, it might take more time than anticipated to finalise the relevant legal instruments. This will affect the entire process of setting schedules for the polls to the Constituent Assembly. As said by the Election Commissioner, the constitutional body needs at least 90 days to complete all the procedures in the run up to the election to the Constituent Assembly. Though several other corollary instruments and guidelines have been in place, the most important law setting forth the process of electing the members of the Constituent Assembly needs to be revised, taking the new changes and amendments into account. As emphasised by the Chief Election Commissioner, the government should waste no time in ensuring that the date for the Constituent Assembly polls is announced soon and the necessary legislative instruments are ratified.

Source: The Rising Nepal, December 27, 2007

Maoist trouble at border

India might have had its own share of problems due to border disputes with China and Pakistan for decades, but Nepal could well prove to be an additional concern, with Maoists joining the Girija Prasad Koirala government recently.
India, on Tuesday woke up to an attempt by around 200 Maoist ultras from Nepal trying to stake a claim on a stretch of the “no man's land" after crossing the porous international border touching Uttarakhand. They tried hoisting red flags in the area, close to Banbasa town in the border district of Champavat, before they were accosted. “Previously, border pillars with numbers 3 and 3-A used to mark the border with Nepal. However, they were uprooted due to various reasons. Of late, there have been efforts to conduct a joint survey by the two countries of the nearly 300-km stretch of the Indo-Nepal border to identify areas where the border pillars are missing and to restore them," said superintendent of police of Champavat MS Bangyal.

Bangyal said the Nepali Maoist ultras, who tried to hoist the flag belonged to the Young Communist League, a wing of the Nepal Communist Party. "Although the Nepali Maoist ultras' bid to hoist their red flag was foiled by the security forces they had a design behind that," the official said. "They tried their best to provoke the security forces to open fire on them, as any casualty on their side could become an international issue," he added.

Stating that the security forces showed restraint and pushed the Maoist ultras back to Nepal, the SSP said. "They tried to enter the 'no man's land' from Gadda Chowki area near Banbasa town. We had information from Nepali authorities that they would try to enter through Brahamadev town of Nepal," he added.

Source: Hindustan Times, December 27, 2007

Nepal: India’s “Design Next”

Niraj Aryal

Kathmandu, Niraj Aryal: It’s hardly been two weeks Nepal’s Army Chief, Rukmangad Katuwal returned home from the Indian pilgrimage wherein he was reported to have been offered a “red carpet welcome” by the Indian establishment. Reportedly, Nepal’s Army Chief met the Prime Minister, Home Minister, Defense Minister and India’s national security advisor, to name a few in the list of the movers and shakers of India’s politics whom he met during his short stint there, though he was also reported to have traveled to South to get a glimpse of the living Indian deity Sai Baba- whose followers could well be found here in Nepal. More importantly, Katuwal, unsubstantiated though reports, met the outgoing chief of India’s notorious intelligence agency RAW (Research and Analysis Wing), Ashok Chaturvedi, two times in merely fifteen days, first in New Delhi and the next meet took place right here in Kathmandu, when the later had sneaked into Kathmandu for a four day stint, last week. The RAW chief reportedly, stayed at the Hyatt regency Hotel in Kathmandu.

It could be a mere conjecture only but Katuwal’s return home coincided with the Nepal Army refuting claims made by some newspapers in Nepal. The newspaper reports quoting the Maoists’ leadership had it that talks were on in between the Maoists leadership and the Nepal Army’s high ranking officials to initiate steps towards integrating the Maoists’ militias within its domain. However, to the dismay of the Maoists’ leadership, the NA in its refusal statement held that, “…it was merely a ploy to malign the credentials of the National army”. The question is thus as to whom from the two camps were lying? Obviously, the Maoists who have the habit of making false revelations now and then would be adjudged making fool of the people more so, the media. “But there are proofs of such meets taking place at least three times in the past between the two rivals of by gone era”, said Padma Ratna Tuladhar-the leftist rights activist, talking to a local FM radio station here in Kathmandu, Monday, December 24, 2005.

Now, the point is that if the statement coming form the Army camp is not just a mere conjecture and according to Mr. Tuladhar a false claim, then there must be something underneath. The point here is that such views were being aired by the Maoists’ leadership since long, at least from over a month or so, but the NA statement came only after Katuwal returned home from Delhi trip, obviously a delayed statement. What does this indicate then, perhaps only that India does not want the National Army to unite with the Maoists’ Militias- makes no difference that agreements were made in between the real stakeholders of Nepali politics in the past in regard to the integration of Militias into the National Army? Which, say analysts, the Indian leadership might have aired Katuwal when they met him in India. Obviously, they needed that as well, only because they might have started feeling the brunt of elevating the ranks of the Maoists in Nepali politics and that too at a time when the Militias were possibly, though only limited in theory, being integrated into the Nepal Army. The Militias who have been indoctrinated of the anti-India sentiments by their leadership throughout the rebellion period and even asked to build trenches to fight the real enemy-India (sic Maoists’ leadership), India does not want that to happen either.

Back to Katuwal again, if Indian leadership can talk differently to different Nepali political leadership, it is anybody’s guess that Katuwal too was told something completely different. What the leadership there told Katuwal verbatim is difficult to comprehend but it is for sure that strong “NO” signal to the possible NA-Maoist Militia merger was whispered into Katuwal’s ear. If not, why the NA was claiming that their much publicized meeting with the Maoists’ leadership was false?

To add to the point as to why India does not want NA-Maoist Militias merger, it might also be because India in the past had submitted proposals to then rulers to minimize the size of the security personnel here only to hand over Nepal’s security stakes to India. Such Indian designs only became public after such successive regimes failed to prevail in Nepali politics. Take for instance, what the then Prime Minister Marich Man Singh had told during a mass meet in Kathmandu. Mr. Singh had claimed that India had submitted a proposal to King Birendra for handing over Nepal’s security matters to India, be it the security issues, internal one or external both, if the system of Panchayat was to continue. After few years as Gyanendra-most probably Nepal’s last monarch, took over after King Birendra got killed in an inner family feud, he too was forwarded with a similar proposal which were only but rejected on both the occasions. Gyanendra toeing his brother Birendra’s footstep rejected such an offer, which could have otherwise ensured longer life for his unpopular regime in the country.

The point here is that with the possible integration of the Maoists Militias with the National Army, the strength of the National Army will be enhanced numerically. This, in essence, is what India does not want in any pretext or the other. And that is also against India’s age old doctrine outlined by none other than Jawahar Lal Nehru- India’s first Prime Minister.

Then, all of a sudden and that too close on the heels of Katuwal’s India visit, the outburst of India’s PM Man Mohan Singh against the Maoist rebels operating in India comes. Mr. Singh, otherwise, a lame duck prime minister, making sharp comments against the Maoists even called their movement as the single biggest security threat to his country and also dubbed the Maoist as a "virus".

Singh was addressing a conference on internal security attended by the chief ministers’ of the Maoists affected States in India last week wherein he vowed to take stringent measures against those involved in Naxal activities. However, only few years’ back, Mr. Singh while addressing a similar conference had said the same thing but in the mean time the Naxal movement there only got amplified with the working class exploited more as a result the development indices rose sharply and also unexpectedly.

Now that there are concrete proofs that the Nepal Maoists are indulged in activities aiding their Indian counterparts (so claim Indian media reports), it is only but natural that India would love to see a quick downfall of the Maoists in Nepal. But to the utter dismay of the analysts here, how India proceeds in its “Design Next” in Nepal is difficult to comprehend at least for the moment…however, it is simple to say that as the return of Kingship in Nepal is becoming more and more difficult, the NA might be lured instead in the future to counter the Maoists.

Source: Telegraph Nepal, December 26, 2007