Thursday, December 22, 2005

Senator Patrick Leahy


Mr. President, this is the third time in the past six months that I have spoken in this chamber about Nepal. I do so because this land of mostly impoverished tea and rice farmers who toil between India and China on precipitous hillsides in the shadows of the Himalayas, is experiencing a political crisis that may plunge the country into chaos.

As many predicted, King Gyanendra’s seizure of absolute power on February 1st and suppression of civil liberties has damaged Nepal’s foreign relations, triggered clashes between pro-democracy demonstrators and the police, and strengthened the Maoist insurgency.

The Maoists, whose use of extortion and brutality against poor villagers has spread throughout the country, announced a unilateral ceasefire on September 3rd which they recently extended for an additional month. Although flawed, the ceasefire was the impetus for a loose alliance with Nepal’s weak political parties after the King refused to negotiate with them and sought instead to consolidate his own grip on power.

Last month, the Maoists and the parties endorsed a vaguely worded but important 12 point understanding that could be the basis for a national dialogue to restore democracy and end the conflict. That, however, would require some reciprocal confidence building measures by the army, which has so far rejected the Maoist ceasefire as a ploy and continues to see itself as the defender of an anachronistic, corrupt and autocratic monarchy.

Although the army has won praise for its role in international peacekeeping missions, its reputation has been badly tarnished because of its abusive and ineffective campaign against the Maoists. It has engaged in arbitrary arrests, torture and extrajudicial killings of ordinary citizens, which has alienated many of the same people who have been victims of the Maoists.

On December 10th, when hundreds of Nepali citizens took to the streets to protest the King’s repressive actions, the police used force to break up the rally and arrested several dozen people. The press reported another 120 arrests and dozens injured in demonstrations on December 17th. More protests are likely, and it may be only a matter of time before Katmandu is in the full throes of a pitched battle between pro-democracy demonstrators and the King’s security forces.

This is the disheartening situation in which Nepal finds itself today. The immediate challenge for the United States is how to help promote a political dialogue which includes the broadest possible participation from Nepali society to restore and strengthen democracy and end the conflict.

The Maoist ceasefire, while welcome, was a tactical move to lure the political parties into an alliance and further isolate the palace. There is no way to predict with confidence if the Maoists would participate in a political process in good faith, or simply use it as a ruse to gain new recruits and weapons. A resumption of attacks against civilians would be condemned and resisted by the international community. The Maoists should know that they cannot defeat the government by force, and as long as they extort money and property and abduct children they will be seen as enemies of the Nepali people.

Similarly, military experts have concluded that Nepal’s undisciplined army cannot defeat a determined insurgency that attacks civilians and army posts and then disappears into the mountains.

There are also concerns about Nepal’s political parties, who do not have a record of putting the interests of the nation above their own self interest. But the political parties, for all their flaws, are the real representatives of the Nepali people. They urgently need to reform, but there is no substitute for them.

Despite these difficulties and uncertainties, it is clear that the King has failed to provide the leadership to build bridges with the country’s democratic forces and develop a workable plan. It is also clear that efforts by the international community, including the United States, to appeal to the King to start such a process, have failed. The Bush Administration should apply whatever pressure it can, including denying U.S. visas to Nepali officials and their families.

With few options and no guarantees, Nepal’s hour of reckoning is approaching. There is a growing possibility that the King’s obstinacy and unpopularity will trigger massive civil unrest, shootings and arrests of many more civilians by soldiers and police, Nepal's further isolation, and perhaps the end of the monarchy itself.

Only the army has the ability to convince the King to abandon his imperial ambitions, but time is running out. The army’s chief of staff, General Pyar Jung Thapa, was privileged to receive training at the Army War College and he has participated in other U.S. military training programs. He has led Nepali troops in UN peacekeeping missions. He knows, or he should have learned, that the function of a modern, professional military is to protect the rights and security of the people, not the privileges of a dictator who has squandered the moral authority of his office. It is not only in the interests of Nepal, but in the army’s long term self interest, to show real leadership at this critical time.

The United States should do everything possible to encourage the army to announce its own ceasefire, to accept international observers as the Maoists have said they would do, and to support a broadly inclusive political dialogue with or without the participation of the palace.

Such a process, to be meaningful, must lead to free and fair elections. The municipal elections announced by King Gyanendra for early next year, without any consultation with the political parties, are no solution. An attempt to apply a veneer of legitimacy to an otherwise undemocratic process will only prolong and exacerbate this crisis.

Many of the Maoist’s grievances mirror those of the majority of Nepal’s people who for centuries have suffered from discrimination, poverty, and abuse by one corrupt government after another. But Nepal’s problems, which are at the root of the conflict, can only be solved through a transparent, democratic process. The Maoists have opened the door a crack for that to begin. The army should reciprocate. The international community should lend its support.

Senator Patrick Leahy, Democrat, Vermont
Senator Leahy To US Congress On Nepal

This Reads Like An Executive, Feudal Monarchy


(UNOFFICIAL TRANSLATION)
21- Point Programme
Approved by the Cabinet Meeting Chaired by HM the King (February 2, 2005)
  1. Legal provisions will be put in place to (i) "nationalize" illicit wealth appropriated through abuse of authority, smuggling, tax evasion, procurement irregularities or commission and, (ii) curb corruption at its roots. Those found guilty will be severely punished. As the first step in this direction, a "fully empowered" Royal Commission will be constituted within 15 days. Additionally, the Commission for Investigation of Abuse of Authority (CIAA) will be transformed into an extremely capable, impartial and fully operational body by providing it with adequate authority and resources.
  2. Proper mechanisms will be put in place to improve the effectiveness and transparency in the manner in which HMG/N has been providing essential services to common Nepali Citizen within 15 days. Appropriate monitoring and evaluation frameworks will also be installed. Those found to be schmoozing at work and engaging in any form of patronage/rent seeking (nepotism, cronyism etc.) will be severely punished.
  3. Land Bank will be set up to "distribute" land (in a manner dictated by the law) to squatters, landless farmers and freed Kamaiyas (bonded labors).
  4. National income growth through agriculture is essential for poverty reduction. Hence a "planned programme" aiming to bolster modern and scientific agricultural technology (that "suits" the country), large and small irrigation projects and depending on geographical possibilities, horticultural farms, special case crops, livestocks will be implemented within a month.
  5. Private sector will be encouraged to play active roles in the protection and development of cottage industries as well as in the development and extension of manufacturing industries and hydroelectricity. Additionally, potential hydroelectricity projects will be prioritized and implemented through the mobilization of internal and external resources.
  6. HMG/N will prepare and implement a master-plan to tap into the tremendous growth potential in the tourism industry. The plan will seek to provide incentives and support to promote religious tourism, small and large hotels, resorts, tourist destinations and the overall industry. In addition, requisite human resources will be trained for the "tourist security police" force in order to promote "safe tourism".
  7. Disabled, backward and "dalit" children enrolled in up to the secondary level in public schools will be provided with free textbooks and scholarships. Even private schools and universities will be required to designate a certain percentage of seats for the free education of disadvantaged groups, dalits, minorities and disabled students.
  8. Appropriate curriculum "reform" will be undertaken to reorient education towards vocational needs of the market as well as to generate "nationalistic human resources". Textbooks and educational materials will be provided efficiently and at reasonable prices to students at all levels.
  9. Students bearing legitimate identity cards will be entitled to subsidized fares in means of public transportation and subsidized fees in public hospitals.
  10. In order to do away with the disparity between the rich and the poor in urban areas including the capital city, a ceiling will be imposed on real estate holdings. In addition, legal provisions to ensuring that new houses are made in full compliance with the earthquake-proof requirements and urban development plan of HMG/N will be expeditiously put in place.
  11. In view of addressing the accommodation needs of an increasing population, declining land, limited extension possibility of drinking water, electricity, sanitation, telephone facilities, HMG/N, in partnership with local bodies and the private sector, will introduce "planned housing" (apartment system). This will put a check on encroachment of otherwise arable land.
  12. In order to increase the pace of economic growth and to increase physical connectivity, an East-West electric railway system will be developed as a medium-long run strategy. Additionally, short cuts, tunnels, waterways and ropeways will also be developed and extended wherever possible.
  13. Upholding the principles of decentralization, local bodies will be given maximum autonomy gradually (in a phase wise manner). Authority in the areas of political, fiscal, social, administrative and semi-legal fronts will be gradually devolved from the centre to the villages.
  14. In order to address the rising problem of unemployment, employment opportunities will be sought both inside and outside the country. Required training and credit will be provided to increase access to foreign jobs.
  15. Those affected by conflict and those (Maoists) that have (and desire to) surrender(ed) will be trained and prepared for employment at home and abroad.
  16. Special river training programmes will be introduced in the Terai. This will bolster transport development, flood control and irrigation endeavors of HMG/N. Additionally, the land "saved" by river control will be used to resettle and develop squatters and landless farmers.
  17. A "Karnali Development Programme" for the integrated development of the zone will be implemented without delay. Surkhet-Jumla road will be completed by February 2006 (within a year) and other road projects to connect other district headquaters of Karnali zone will be initiated. Special programmes will also be initiated to make local citizens "self-reliant" in the areas of agriculture, health and education.
  18. Reform commitments made to improve governance (ADB-GRP), public sector management (ADB-PSM), and poverty reduction (WB-PRSC) will be completed on time. Special arrangements will be made to facilitate the implementation of projects and programmes being run by various bilateral and multilateral donors.
  19. A "positive affirmation" policy will be implemented to increase the representation of women, janajaties and Dalits in the state machinery.
  20. Policy reforms to develop the private sector will be initiated without delay. Various incentives and appropriate legal frameworks will be put in place to encourage the private sector to invest in physical infrastructure.
  21. Development programs will be chosen and implemented by the people. To this end, special emphasis and preference will be placed on works that are implemented through local user groups (preference over outside contractors).