Thursday, December 22, 2005

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).

Maoists Should Go Beyond Ceasefire To Peaceful Mobilization


Maoists renew threat to disrupt municipal polls, unilateral ceasefire as good as ‘withdrawn’ NepalNews ..... the CPN (Maoist) will mobilise masses, organise mass meetings and coordinate their programmes of protess with that of the seven party opposition alliance.

Their three month long ceasefire was and is their most brilliant military move to date. I can't see another such example of a similar incident on the world stage or in world history. No armed group with such a large presence, geographically and politically, over such a large portion of a national territory has ever made such a move, not that I know of. The Maoists have already made history.

They also moved from a communist republic to a democratic republic. I am not aware of such an ideological U turn anywhere in world history either.

Nepal has seen much violence this past decade, especially the past few years after King Gyanendra decided to go down the path of royal adventurism. More than 12,000 deaths, and over 23,000 suicides: those are the numbers. The royal army is responsible for about 75% of both.

The Maoists have been accused of senseless violence. And I for one have never approved of their violent ways. But if they are a rebel outfit that has acted inhuman and irrespponsible, the royal army is supposed to be the state. They can not act inhuman and irresponsible, but they have.

The royal army and the militarism it symbolizes have been blamed for one Nagarkot incident of 11 deaths. I think it should be held responsible for (12,000 + 23,000)/11 * 75% = 2,386 Nagarkots.

One option would be to put both the royal army and the Maoist army under the microcope and subject them to a country tribunal. For that the Democrats would have to militarily take over the country and bring both to justice through use of force. This option does not go with the ground realities.

Recently Kul Chandra Gautam suggested another option which is pretty much standard. He said forgiveness comes second. First there has to be some book keeping. A Truth and Reconciliation Commission has to be set up that will allow people who have lost much to the war to come forth and get their stories documented. But that is after peace and democracy.

I think a general amensty is the price the country has to be willing to pay for permanent peace. So the total emphasis has to be to help the Maoists become yet another political party within a multi-party framework.

But the king is stuck in third gear. He has no intention of reciprocating the ceasefire. If he had acted reasonable and reciprocated the ceasefire, we would have had the luxury to think he seeks reconciliation.

Instead he is hellbent on proving his points.
  1. The Maoists can be militarily crushed.
  2. The 1990 constitution is the final constitution Nepal will get.
  3. His use of Article 127 can not be questioned. All he has done have been valid.
  4. Citizens' rights are gifts from the king. When he takes them away, the citizenry should not act surprised. When he gives them back, the people should be thankful.
The emerging Maoist-Democrat alliance has been the outcome of the Maoist ceasefire. That is a huge achievement.

If the Maoists are truly republicans, they should not be surprised the king did not reciprocate the ceasefire. Kings are not supposed to be reasonable and democratic.

Instead the Maoists should continue with their ceasefire, and take further steps to consolidate their peaceful, democratic base, and engage the seven party alliance in further trust building. The 12 point agreement needs much polishing still. (10 Point Agreement To Succeed 12 Point Agreement) The idea should be to use the announced February 8 polls to engineer a total bipolarization in the country. The seven party alliance, the Maoists, and the CMDP (Citizens Movement for Democracy and Peace) have to come together in a solid way.

I think the Maoists have the Sinn Fein option. Keep your military wing intact for now. And have a separate political wing. Do not break the ceasefire, but engage in a major peaceful mobilization of the masses through the peaceful, political wing.

Breaking the ceasefire will take all positive developments back to square one. But a major peaceful mobilization will build upon the continued ceasefire.

To expect the king to take the lead would not be republican thinking. So his not reciprocating the ceasefire should not be held against the country and its population.

The monarchy and the Nepali Congress are on downward slopes for their own reasons. The monarchy is not willing to get out of the way even to a ceremonial form. The Nepali Congress is playing foul games with its sister organization the Nepal Students Union. A NSU that elects Gagan Thapa and is led by him would be somewhere at the forefront of this democracy movement and would be one piece of good news for an otherwise downward moving party. Gagan would be good for the NSU, the movement and for the Nepali Congress. But the NC leaders do not seem to realize this.

The king is the same way. He does not feel the groundswell. He does not feel the noose tightening around him. He wants all or nothing. Monarchs don't cut deals, I guess. The king's regime seems to be on autopilot. I think Tulsi Giri should speak publicly more often. That would really help the democracy movement. Because otherwise the democrats do not seem to realize this regime does not intend to understand democracy.

The Maoists need to come around to this:

2. The seven parties and the Maoists are committed to a constituent assembly elections to which will be held by an interim government functioning under an interim constitution that will make the interim prime minister the Commander In Chief of the army. Before the Maoists are invited to join the interim government, the two armies in the country are to be integrated through external mediation. If the integration not be total, foreign aid is to be sought to integrate the rest of the Maoist armed cadres into the economy. It is hoped that the integrated army will be downsized by the government that will come into power after a new parliament takes shape. The seven parties agree that the 1990 constitution is dead, and so is the 1999 House that can not exist outside the 1990 constitution. As to how to get to the interim government, a decisive movement is to be waged across the country. That might result in the king coming around to the idea of an interim government, in which case the question of monarchy will still be an issue in the constituent assembly. On the other hand, if the king be relentlessly uncompromising, the movement ends the monarchy before it forms the interim government, in which case the question of monarchy will not be an issue in the constituent assembly. It has been agreed that People’s power is the only alternative to meet the goals. This has been suggested as the interim constitution: Proposed Constitution.

And they should contiue with the ceasefire, and engage in some major peaceful mobilizations.

In The News

Maoists kill two civilians; abduct 400 NepalNews
Maoists pledge cooperation with int’l agencies
Nepali version of Linux ‘NepaLinux’ launched
Maoists renew threat to disrupt municipal polls, unilateral ceasefire as good as ‘withdrawn’
RPP dissidents call for early general convention
Nepal Maoists declare all-out war on elections
Times of India, India
Nepal parties vow to thwart municipal elections Reuters AlertNet
NEPAL’S DOWNWARD SPIRAL”: Senator Patrick Leahy talked ...United We Blog
Maoists call seven-day shutdown to halt Nepal polls Webindia123
Nepal Maoists declare all-out war on King's polls
Hindustan Times, India
Nepal parties vow to thwart municipal elections
Reuters
Nepal Maoists heal rift with UN
NewKerala.com, India
UN welcomes Nepali guerrilla's adherence to BOG Xinhua
12-point agenda Kathmandu Post
Joint Strategy required to counter Maoist threat: Patil NewKerala.com
NWPP to separate from the seven party alliance
PeaceJournalism.com, Nepal
NC, UML leaders discuss further protests Kantipur
UN hails Maoists' recognition of Basic Operating Guidelines
Maoists kill 2 civilians; abduct 400: RNA
OHCHR for impartial investigation into Nagarkot shootout
NC-D leaders catch up with Maoist leaders
Maoists declare programmes to disrupt municipal polls
Giri's remarks draw flak; parties to obstruct polls at any cost
RPP rebel faction issues ultimatum for special convention

Monday, December 19, 2005

Major Revisions


Major Revisions To The Proposed Constitution

I made some major revisions two days back. Funny how people do not make use of the comments section at this blog. Instead they need personal attention. They have to meet you in person, or get on the phone with you to give feedback. Like it was Sanjaya Parajuli, Anil Shahi, Deepak Khadka and me with Gagan Thapa driving Gagan off to the airport. And that is when Sanjaya went on this tangent about the need for direct elections for Prime Minister. Recently it has been Diwaskar Adhikari in Texas harassing on the phone on the same topic, and many others in between. I have been working with Diwaskar on the video blogging project. But he has been spending more time on this topic. He has also offered some valuable insight on some other topics to do with the constitution.

And three days back we had our largest Sunday get together so far, and there was this major discussion on what a constituent assembly was, how it would come about, and so forth. For me the highlight was the social justice theme. In attendance were Binay and Tara Shah, Sarahana Shrestha, Ritesh Chaudhary, Anil Shahi and myself. We decided to meet once a month now on. Once a week was too much, and it was getting cold, and the seven party alliance does not seem to have the goal of bringing this regime down by February.

Sarahana was totally steering the talk. She had brought along her laptop, a fancy Apple one on that. She took copious notes. From that talk I added this to the Proposed Constitution:

The Pratinidhi Sabha will have reserved seats for the four groups, Dalit, Madhesi, Janajati and Mahila, 10%, 20%, 10%, and 25% with some overlaps. So the half of the seats for women will cut across that of these four groups as well. For example, of the 10% seats for Dalits, 25% of them will have to be women. And the 10% for Dalits will be half in the Terai, but that is not to cut into the Madhesi reserved seats. 10, 20, 15 and 25 are half the supposed shares of the populations of these groups, to be revised each census. The reservation for a group is discontinued once its share in the Pratinidhi Sabha hits 80% of its share in the national population. When identifying the seats for the Dalit, Madhesi and Janajati, the Election Commission will seek constituencies where the groups have their largest share of populations. No three contiguous seats may be reserved seats.

I think this is a major addition. Democracy as we know it does not automatically lead to social justice. America and India are good examples of that. Look at the blacks in America, the Dalits in India, and the women everywhere. Look at the recent spectacular riots in France. (French Society: No Easy Solutions, Sick Sarkozy, Riots In France) Democracies that have traditionally only recognized only the individual identity of individuals and not their collective identities have ended up recognizing the collective identity of any one group alone. It is not like the collective identity got negated or anything.

My problem is as to how to make this scientific, and possibly of universal use. One, you recognize the collective identities, but you also make room for change, especially positive change. That is what the provision for constitutional amendments is for. And the reservations come up with the automatic dissolution provision. Or the Dalit identity itself could go away. If all Hindus were to inter marry across the castes, or if all Dalits were to convert to Buddhism en masse, the Dalit identity might merge, or take a whole new meaning, although the history will always be there.

What is a collective identity? One measure is marriage patterns, I think. If at least 80% of the people in that group marry among themselves, I think that is a collective identity. What do you think? Another is to ask people. If I say I am a Madhesi, I am one.

Nepal Democracy Forum

I don't miss it. The key people I used to interact with there, I do so now better and much more productively on the phone. Now I have much more time for the projects. I am making a more productive use of my time. I have been meeting more people offline. I have a newfound interest in the ANTA. A few days back I helped launch the Baltimore-DC chapter. I was on the phone with Dinesh Tripathy who is taking the lead on the Legal Action project. He asked me if I knew Madhesis in his area. He wanted to get to know and hang out. I told him with that comment he had just made himself the President of the Baltimore-DC chapter of the ANTA. Immediately I conferenced in Guneshwar Shah who is in Virigina. He found himself the Vice President.

A lot of Madhesis are excited that I locked horns with the Nepal Democracy Forum. That has been one clear, positive fallout of the episode. The temperature has been raised a little.

Internet Access Down

For the past four days I have had only sporadic access. I don't know what went wrong. But now I am back. In a way I was lost. On the other hand I cleaned the bathroom and made my roommates happy. They had been doing all the cleaning forever, these poor Estonians. I also feel more rested. Otherwise I never have a day off. Don't get me wrong. I do take time off, randomly so. But it is good to have a chunk of 24 hours off.

Talking To Girija Koirala

It was such a good feeling. I have had many people write to me and call me about that.

Girija is like this huge presence. Like him or dislike him, he is there. For me it is not a like, dislike thing. I want to do business with him.

Boycotting The February 8 Polls

Personally I think it would make more sense to try and bring the regime down by February. But it is a tall task.

So how do you boycott polls? You can not organize to gherao polling booths. The police will come after you. More importantly, those who might choose to vote will have a right to. You can not obstruct their freedom to move around. It is not like the police is going to go into homes and force people to come out to vote. People have a right to show up and vote, and they have a right to stay back home and boycott the polls. So basically it is a political battle of opinion making.

I am with the seven party alliance. If their immediate goal is to organize a boycott of polls, I am with them. They are the legitimate leaders of this movement.

Getting people to stay home and not show up at the polling booths might be easier than getting them to come out into the streets in large numbers, perhaps.

Someone At Google Visited This Blog

20 December20:55Google Inc., Mountain View, United States

Who is that! Hello Sergei. Hello Larry.

The King Has Invented Something New

Is this monarchism? Militarism? Musharrafism? It is each, but it is also something new. In monarchism there are no political parties. In militarism things are several steps worse, and Aan Sang Su Kyi is in jail. In Musharrafism, Benazir and Nawaj are in exile. Looks like our guy has introduced something new. The virus has mutated.

In The News

Govt okays RNA’s proposal to buy two MI-17 choppers NepalNews
Students, police clash at Trichandra Campus
Giri’s remark an attempt to prolong autocratic rule: Leaders
Election symbols of only nationally recognized parties secure: EC
Maoist atrocities still ongoing: RNA
Government returns equipment of Kantipur FM
Former PM Deuba keeps himself busy in the custody
“US Prez’s letter not going to work”: Koirala
Govt not to hold talks with the Maoists: Dr Giri
India concerned about Chinese arms supply to Nepal: Mukherjee
Students organise sit-in against NSU reshuffle
ANNISU-R leader produced before SC
Melamchi project under review: ADB
Students urge to repeal NSU ad-hoc committee
Home Minister Thapa warns parties
Bhutan king to step down after three years
NC reconstitutes NSU central committee
King grants audience to Moriarty
Dozens `arrested’ in Chitwan, situation returns to normalcy
UML Gen Secy urges King to accept Constituent Assembly
Thapa did not commit suicide: HURON
Bhattarai urges King to return power to people
Media Ordinance constitutional: Government
2008 will be a significant moment in Bhutan's history, says India NewKerala.com
Democracy gets royal sanction Hindustan Times, India
King's decision to give up rule shocks Bhutan Times of India, India
Bhutan looks at controlled democracy Reuters.uk, UK