Monday, February 20, 2006

5 Point Agreement


10 Point Agreement To Succeed 12 Point Agreement
Possible Framework For A Negotiated Resolution

The Maoists are for a roundtable conference of the three forces. It is the king who has not come around to the idea. So I am imagining that roundtable conference. If it were upto me, the agreement would read as follows.

5 Point Agreement
  1. Today, the main desire of most Nepalis is to have democracy, peace, prosperity, social upliftment and an independent and sovereign Nepal. Without the establishment of complete democracy there will be no peace, progress and prosperity in the country.
  2. The seven party alliance, the Maoists and the king 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. Other parties represented in the last parliament will be invited to be part of the interim government. Krishna Prasad Bhattarai is to be the interim prime minister. Before the Maoists are invited to join the interim government, the two armies in the country are to be dismantled through external mediation and foreign aid from the mediating international powers is to be sought to provide a smooth transition for the soldiers in both armies into the civilian economy. It is hoped this will also facilitate the reintegration of the two factions of the Congress, the three factions of the RPP and the two factions of the Sadbhavana.
  3. The constituent assembly will be 300 representatives elected from constituencies of roughly equal population, roughly circular or square in shape, not respecting any of the administrative boundaries in the country. The assembly will be given six months to shape a democratic constitution for the country, and such a document is to be put to a referendum. Upon accepted by the people, it becomes the supreme law of the land.
  4. The constituent assembly will decide on all issues except the issue of a constitutional monarchy. The constitutional monarchy will stay protected, the guarantee resting with the Supreme Court. However, the constituent assembly may draw a constitution that will allow the next parliament to abolish the monarchy with a 75% vote.
  5. A Truth And Reconciliation Commission is to be set up that is to let all victims of the 10 year civil war a voice, but this is to be a healing rather than a judicial process. General amnesty is to be granted to the warring parties.
Rationale

Ditch the House revival idea. You will notice there is no mention of the idea of House revival. One, there is no provision in the 1990 constitution for such a revival. That 1990 constitution is dead anyway. Two, there has to be some give and take, and the seven party alliance has to be more flexible than the other two camps in the spirit of the democratic spirit. Three, House revival as the starting point for all future developments makes the royal camp jittery. If the monarchy is to be reorganized or eliminated, it is natural they might want to have a say in the process. Finally, House revival is about going backward, constituent assembly is about going forward.

Krishna Prasad Bhattarai. He could soothe nerves in all three camps like no other person.

Dismantle the two armies. Having two standing armies before the country goes through elections to a constituent assembly is out of question. Integrating the two armies would be highly problematic. They have been at each other's throats. Both armies are bloated. It would be too big an army, too expensive. Nepal is not about to go to war with either India or China, ever. A poor country needs to be spending on education and health, not on defense. Both are Pahadi armies while Madhesis are half the population. Neither have the looks of a national army. It is social justice to dismantle both.

300 constituents of roughly equal population. That is the demcratic way, the one person one vote way.

Don't End The Monarchy Now. They say pick your fights. Taming the army and ending the monarchy all at once is a little too ambitious. Besides, it is for the people to decide where they stand on the monarchy. And it is worth it to compromise with the monarchy on this issue. Even if they stay on, they will never be able to wage another attack on democracy ever again. On the other hand, the monarchy could come to an end, but only during stage three. There is plenty of other work to be done during stages one and two. The 75% vote margin is not too high. Just the seven party alliance is 90% strong. To that you could add the Maoists in the next parliament. If all of them want the monarchy gone, it will be gone. Only that will be a non convulsive way of ending the monarchy. If the monarchy does not even have a 25% popularity in the country, it does not deserve to stick around. On the other hand, by the time there is peace and total disarmament, and a new constitution, and a new parliament, and full fledged democracy, by then most of the parties might no longer have any anger left with the monarchy, and the monarchy might stay on. But I am neutral. I think it is for the Nepali people to decide where they stand. I am not even interested in swaying public opinion one way or the other. I do not want to look down upon Nepalis who might have an affection for the monarchy any more than I want to look down upon Hindus who worship idols. I am not a Hindu. On the other hand, I am not up for putting up with a monarchy that might impose itself upon a people.

Trusting the roadmap, not the Maoists. As to if they are really for multi-party democracy or not, I don't want to trust them. I want a roadmap that I can trust. And this roadmap is it. There is little room for later Maoist revisions.

5 Point Agreement, Version 2
  1. When Chairman Gyanendra and Chairman Prachanda are to meet for the first time, they are to greet each other with high fives.
  2. There is to be a clear upper limit to the state budget allocation for the interim prime minister's paan and related expenses.
  3. Hridayesh Tripathy and Badri Mandal are to attempt to get back on talking terms.
  4. Girija Koirala is to be given a maximum 10 years more in active politics, beyond which he must retire.
  5. Manisha Koirala is to be "used" to encourage a large electoral participation during the run up to the elections to the constituent assembly.
The Ball Is In The King's Court

Either the king take the initiative for a roadmap like this one, or he face a decisive showdown that will sweep the monarchy off the national scene. I think that is where we are headed.

In The News

House arrest of top UML leader extended NepalNews
Over a dozen opposition leaders freed
NC-D concerned over denial of medical treatment to leaders
Rights activists barred from meeting UML general secy
The ball is now in the parties' court: Giri

Nepal parties rule out democracy talks with king Daily Times, Pakistan
INTERVIEW-Nepal's Maoists switch strategy as war drags on Reuters AlertNet
Nepal talks Calcutta Telegraph
Police raid newspaper office in West Nepal
Hindustan Times, India
Nepal courts free 17 leaders after royal crackdown ABC Asia Pacific
Nepal's Supreme Court orders royal government to release 37 ... Contra Costa Times
Concerns on Nepal Situation in Canada
NewsLine Nepal, Nepal

Social inclusion of Madheshi community in nation building INSN
NSP-A: list of arrested
Harmony: Canada’s foreign minister speaks on Nepal
An automatic gun
The plot thickens around the palace
CPN(UML): open letter to Mr. Ian Martin
Ten years of Maoist insurgency

He Acts. And Then We React UWB
Dr. Tulsi Giri Explains The Royal Message

Visitors


20 February10:38Harvard University, Cambridge, United States
20 February10:44FalconStream, Kuwait
20 February13:34Fastweb, Italy


20 February15:17Telekom Malaysia, Malaysia
20 February16:42Shyam Internet Services P.Ltd., Jaipur, India
20 February16:49Avnet, Inc., Phoenix, United States


20 February17:02Drexel University, United States
20 February17:12American Red Cross, National Headquarters, Falls Church, United States
20 February18:12United States Army, United States
20 February18:54ETB S.A., Colombia
20 February19:48United States Army, United States
20 February20:22Georgia Public Web, United States

February 20 Event In Baltimore


Dinesh Tripathi, "Arthur Kinoy Of Nepal"
Dinesh Tripathi In New York
Dinesh Tripathi: In Person

Human Rights Situation in Nepal And Role of International Community


By Dinesh Tripathi



Human Rights Lawyer

Supreme Court, Nepal


Sponsored by International Student Association

February 20
4:00 pm
University of Baltimore

M. Scot Kaufman
Auditorium (BC 123)

Reception to follow
in BC Atrium

Open to Public



Photos

Democracy Day: Tyranny Celebrates UWB

In The News

HM for activating democratic process NepalNews
Opposition leaders and analysts are not convinced
Opposition parties call for decisive fight for the restoration of democracy
AI urges government for the release rights activists and political detainees
Maoists loot fire brigade vehicle in Dhangadhi
Indian opposition leader demands meeting on Nepal
Rights situation has further deteriorated after the royal takeover: Prasain

Visitors

19 February08:19Comcast Communications, Elkridge, United States
19 February08:58Purdue University, West Lafayette, United States
19 February09:56Michigan Technological Inst., Houghton, United States
19 February10:24Road Runner, New York, United States
19 February10:27Skynet Belgacom, Belgium
19 February11:13Columbia University, United States


19 February11:13Michigan State University, United States
19 February11:14Telenet, Belgium

Sunday, February 19, 2006

The King Is Nowhere Close To Seeing The Light


Beloved Countrymen,

As we celebrate the 56th National Democracy Day today, we pay homage to our august grandfather His late Majesty King Tribhuvan and all the brave souls who laid down their lives for the cause of democracy.

To ensure that an exercise in democracy is meaningful and sustainable, the people�s right to elect representatives of their choice must be recognised as sacrosanct. The Nepalese people have demonstrated their faith in the power of the ballot during the recently held municipal elections. In spite of the apparently adverse environment, the courage shown by them is indeed commendable. The commitment of the people has led to the victory of democracy. The Nepalese people have been encouraged by this success to install all representative bodies through election and sustainable peace.

Peace and democracy are the aspirations of all. The nation, therefore, seeks solidarity amongst all who have faith in multiparty democracy. This solidarity must be achieved at the earliest so as to formulate a mechanism which ensures that peace and democracy are never again jeopardised. In the coming days as well, democracy can be reenergised with the activation of all representative bodies through the electoral process. Our continued interaction with the people has led us to believe that the time has come for all those who believe in these ideals to chart a course ahead, with the welfare of the nation uppermost. We, therefore, call on all willing political parties to come forth to fully activate, at the earliest, the stalled democratic process in the greater interest of the nation. Let us listen to others, put across our views, do away with discord and enhance mutual understanding; let us consolidate peace and democracy.

Inspired by our glorious tradition of patriotism, those who have been misguided should, without further delay, enter the mainstream of peace and multiparty democracy, eschewing the path of violence and destruction.

We are committed to upholding and safeguarding the Constitution in the greater interest and progress of the Nepalese people. It will do well to remember that democracy will be secure only when the rule of law is upheld and the Constitution alone forms the basis of rule of law.

May this day inspire us to activate a democratic process dedicated to sustainable peace and welfare of the country as well as initiate a new chapter of understanding amongst us all. May those who sacrificed their lives to usher in democracy and all those who place the dignity and glory of the nation above all else inspire us in achieving these noble objectives.

May Lord Pashupatinath bless us all !
Jaya Nepal !
Nepal's king invites parties for talks Reuters AlertNet, UK

This misleading headline from Reuters threw me off balance for just a little bit. I furiously looked for the full text of the speech. The Rising Nepal is the only place I found it. The text cured me of any momentary illusions.

This guy is absolutely, totally nowhere close to seeing the light. He does not intend to see the light.

The democrats have consistently made the mistake of thinking maybe they will jack up the movement one notch and that will be enough, the king will invite the parties for talks, like Birendra did. I just don't see that happening. There is something about this guy that leads me to believe he just will not go for that. He just does not have that kind of a makeup.

It is time for the international powers to impose sanctions and for the seven party alliance to wage a decisive round of protests.

Krishna Prasad Bhattarai

Bhattarai call for unity addressing some two dozen leaders and political analysts in his residence, Bhattarai said that executive power should be hand over to the people...... He however objected to the reinstatement of the House of Representatives...... urged the leaders of Nepali Congress (NC) and Nepali Congress-Democratic (NC-D) to work for unification of the party at this critical political situation........ asked NC President Girija Prasad Koirala and NC-D President Sher Bahadur Deuba to initiate the process of party unification. ..... Soon after the release on Monday, Deuba in a press meet said that he was in favour of an honourable unification of the party.

I am glad Bhattarai has come out opposing the idea of House revival. The 1990 constitution allows for neither House revival, nor a constituent assembly. But a political decision has to be made to go for a constituent assembly. But if you revive the House, you resurrect the dead 1990 constitution, and when you do that, you are in the trap that the 1990 constitution does not allow for a constituent assembly. That means if you were to magically revive the House, you will also have to magically dissolve that same House and kill the dead and revived 1990 constitution to go for a constituent assembly. Why would you want to revive a House that can not be revived only to have to dissolve it soon after? The very idea of a constituent assembly is to give the country a new constitution. Why do you want to resurrect a dead constitution if you want to give the country a new constitution?

Girija, Deuba, Gyanendra, Gagan

If Girija only had issues with Gyanendra, I would think it is because one is an autocrat, another a democrat. But he also has issues with Deuba, with Gagan, with Krishna Prasad Bhattarai himself.

Girija tried to run the government through remote control when Deuba was Prime Minister. Debua did not like it, and I don't blame him. Girija pushed Deuba into dissolving the House. That is the political perspective.

Deuba has time and again expressed his commitment to an honorable unification of the two Congress factions, but Koirala has to rub Deuba's nose in the dust.

Gagan is up and coming. 62 of the 75 district chiefs of the Nepal Students Union support him, but Koirala goes and appoints someone else.

Now that Koirala is for House revival, and Bhattarai against it, the two honchos need to hold a summit where they talk it out. By the time the summit is over, they should have only one stand on this issue of House revival. Hum tum ek kamre mein bund ho aur chabhi kho jaye.

The king came out for an all party government several times. But Koirala would have none of it.

It would be wonderful to have a House. It would symbolize democracy. But sometimes you have to let go of the fantassy. There has to be some give and take.

In The News

Diaspora for democracy Murari Sharma Kantipur Publications
American paranoia
Twin Pillars: Is India doing a rethink on Nepal?
अमेरिकी महामहिमलाई विनम्र अनुरोध Bamdev Gautam

HM for activating democratic process NepalNews
Martin meets leaders
Bhattarai call for unity
Nepal may face sanction: Rights activists
EU mulling 'strong resolution' on Nepal; Ireland for ‘smart sanction’
Try military cases in “Civilian Courts”: Martin

Nepal's communist rebels call for strike San Jose Mercury News

Visitors


16 February02:20Hokkaido University, Japan
16 February02:49Asia Infonet Co., Ltd., Thailand
16 February05:24Blueyonder, Edinburgh, United Kingdom
16 February05:27U.N. Development Programme, Norway
16 February05:46Warwick University, Coventry, United Kingdom
16 February06:46South Africa (any.za)
16 February08:08Katholieke Universiteit Leuven, Leuven, Belgium
16 February09:18Videsh Sanchar Nigam Ltd, India
16 February09:21Massachusetts Inst of Technology, Cambridge, United States
16 February09:33University of North Texas, Denton, United States
16 February09:51Tiscali, Italy
16 February11:02Montgomery College, United States
16 February11:03Universities Scotland, Edinburgh, United Kingdom
17 February01:32Infocom Pvt. Ltd., Nepal
17 February04:23Leeds University, Leeds, United Kingdom
17 February04:38Connect Internet Solutions Pty Ltd., Australia
17 February07:49Scarlet, Vilvoorde, Belgium
17 February11:49Frontier Communications, Statesboro, United States
18 February20:47Communication Authority, Thailand
18 February22:34Globe Telecom, Philippines