Friday, September 01, 2006

100,000 Maoist Militia Must Disarm


Will the Maoists of Nepal ever disarm? Financial Express, India After 10 years of a bloody war and with 10,000 cadres killed, why would Maoists settle for a number three slot in Parliament, as opinion polls suggest? Aside from the regular 30,000 odd fighting force of the Maoist army, there are about the 100,000-strong militia which the Maoists have built up in the countryside, an “invisible” force that consists mainly of 14-18 year olds who help enforce the writ of the Maoists.Most of them carry some sort of weapons, ranging from crude knives country pistols, but they do not wear uniforms and do not necessarily take part in military activities. They assist the guerilla only when required and are mostly responsible for guarding villages under Maoist control. They are in effect the future recruits. The presence of this militia has created a pervasive fear in rural areas, and many experts see a parallel between current-day Nepal and Cambodia during the post-1979 period.
It is not possible to imagine free and fair elections to a constituent assembly if there are any armed Maoists anywhere outside their seven cantonments. I don't care if you call them soldiers or militia. To me they are both the same. Both are armed.

The Maoists say they have 36,000 soldiers. And they have 100,000 militia. If they have issues with disarming their so-called militia, they are going to have to agree to putting also those 100,000 into cantonments, away from the villages. And why would they want to do that? They will not have any cadres left to do the political work in the villages.

On this point there can be no compromise. If you will have 100,000 Maoist militia roaming the villages, there is no way you can have free and fair elections. Out of question.

The cloud of fear has to evaporate off completely.

The Maoists destroyed the state police infrastructure in the countryside. The state police has had the same problems as the state army and the rest of the state apparatus. The DaMaJaMa have been sidelined.

It would be perfectly legitimate for the Maoists to demand that the state police be restructured. And why only the Maoists? The seven party alliance should itself take the initiative.

It is for that state police to maintain law and order all over the country. It is for that state police to ensure free and fair elections, not for the armed Maoist militia.

The seven party alliance has to be absolutely uncompromising on this issue. You can not possibly hold elections between a state and seven political parties. The state will dwarf the parties hands down. It is better to have no elections than to have sham elections.

We are close to having an interim government in the country. The idea of an interim government is that there is no more a parallel Maoist state anywhere in the country.

There can not be a separate Maoist police/militia for law and order. There can not be separate Maoist courts.

As a Madhesi I am hypercritical of the state structure as it has existed. That means I am dissatisfied with the structure of the police, the army, the courts. That means you come together and agree to restructure all three. That does not mean you allow one political party to run parallel police, army and courts. That is a state, that is not a political party that does that.

The Maoists can not be a parallel state and still hope to join the interim government. If they try, you have to get suspicious.

The UN formula on the 36,000 Maoist soldiers is satisfactory. You confine 36,000 Maoist soldiers to seven cantonments across the country. Half of them give up their weapons to be locked away, keys to be shared by the Maoist commanders and the UN.

That is giving thought to the idea that the Maoists have an army. Similarly thought also has to be given to the fact that the Maoists also have a police and courts. They are going to have to let go. The state will have to step in. And that state will be an eight party interim state, a transitional state.

The idea of eight party governments at the center, and at local levels should take care of a lot of confusion.

Power flows through the ballot box, not the barrel of a gun.

Hamas, Hezbollah, Maoist
How To Avoid An October Revolution
Janadesh: Rumblings Of An October Revolution?
Arms Management, Money Management
Prachanda: Not In Tune With The April Revolution
Critiquing The Interim Constitution
Prachanda: Frank Or Scary?
Interim Parliament: 101 Members Total
Interim Bureaucracy
My Work In The Ideas Department Is Complete
Gurung Not Katawal For Army Chief
The Next Revolution Will Be At The Ballot Box
Political Synthesis Nepali Style

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Militia's other weapon: videos | csmonitor.com Abu Mujtaba is not your typical filmmaker. He doesn't have an agent, he doesn't aspire to move to Hollywood, and his interest in film is chillingly practical. He considers Black Hawk Down a "great film," for instance, because it shows him how to kill Americans. ....... Abu Mujtaba is a member of the media department of Moqtada al-Sadr's Shiite militia. He uses a tiny digital Sony Handycam instead of a Kalashnikov and is one of a half-dozen guerrilla filmmakers who record their acts of war to encourage their followers, spread their beliefs, and portray what they see as the heroism of Sadr's militia, the Mahdi Army......... Mahdi's moviemakers have been shooting digital videos during battles in Sadr City and in Karbala, as well as all throughout the standoff in Najaf ...... The Mahdi Army, of course, are only the latest militant movement to have taken up video as a political weapon. From the kidnapping videos of Abu Musab al-Zarqawi to the suicide bomber videos on the West Bank and video- fatwas of Osama bin Laden, video has become a phenomenon for militant Islamic movements around the world.......guerrilla videos have become a way of bypassing mainstream media and going directly to the masses....... "This tells me that they are dynamic ... as opposed to fading old terrorist groups ...... The Mahdi Army's films are sold on cheap CDs (for about 16 cents each) and have a shaky-handed roughness similar to many a late-night police-car-chase videos in the US. But the images and the messages they contain are violent - and for Mahdi Army supporters, addictive....... the videos are sold primarily in Sadr City, a Shiite slum of 2.5 million in Baghdad, where Iraqi police don't tread and are unable to shut down the stores selling the Mahdi Army propaganda designed to recruit new members....... "I went to Al Jazeera and Al Arabiya with this video, but nobody accepted the film," complains Mujtaba. "So then we invited them to come to Sadr City and film the fighting themselves, but they also refused that offer. It is not just me who thinks the TV channels are liars, it is the whole world."....... Last month, the Iraqi government closed the Baghdad bureau of Qatar-based Al Jazeera. Prime Minister Iyad Allawi accused the station of inciting racial and religious hatred by airing footage of kidnappings and fighting...... Mr. Rana, who says he used to film weddings and special occasions before the Shiite uprising began last April...... To shoot video, Rana says he often has to take more risks than he does as a fighter, in order to get close to what he is filming. The work is dangerous for his family, as well. He has sent them out of Sadr City to live with relatives until the fighting stops or until he's dead. "People are telling me that my children are crying, they want to see me," he says. "When I visit them once a week, it takes me two hours to pry them off my legs." ........ Hamid Kareem, a young laborer, says that these videos are the only news he can trust. "There is no truth on TV, the media are liars," he says. "During Saddam's time, the government used to hide all the news about the Shiites and how many he had killed. Now it's all the same thing."........Imad, a 14-year-old wearing an NBA cap, says he has 20 of the videos and watches them all the time. "It makes me happy to watch the American tanks burn," he says. "My uncles are with the Mahdi Army, and I wish I could be one of them too.".... Moussa, his 10-year-old friend, agrees. "I like to watch them kill the Americans."
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50-30-10-10: Four Layers Of Government


The current "zones" and "development regions" are to be abolished, but the "districts" are to be retained. The country is to be divided into three states, roughly of equal population, Eastern, Central, and Western, to be called Koshi, Gandaki, and Karnali, that are to include all three geographical regions, Terai, Pahad and Himal, and based on the three river basins. Each state is to have a Pratinidhi Sabha, 120 members, and a Rajya Sabha, 40 members. Each seat for the federal Pratinidhi Sabha is to be divided into two for the state Pratinidhi Sabha ............ The federal government will directly transfer 10% of its annual budget to the 25 poorest districts measured by per capita income. This does not prevent further federal expenditures on those districts. .......... The income tax structure is to be as follows: 50% federal, 30% state, 10% district, and 10% village/town/city. The income tax is to be collected by the federal government, and funds transferred by the same to the other levels of government as per this formula, and is to be gradually phased in where none might be getting collected now. ......... The federal revenue from all sources other than income tax is also to be similarly allocated. 50% stays at the federal level, the rest goes to the three states equally. Each state is also to send out 40% of its non income tax budget directly to the districts in direct proportion to the population of each district.

(Source: Proposed Constitution)

I have been proposing a three state federalism: Kosi, Gandaki, Karnali.

Interim Federalism
Federal Republic Guaranteed
Critiquing Pitambar Sharma's Federalism
Pitambar Sharma's Federalism
Federalism: Competing Maps
RPP For Federalism Ahead of UML, NC And NC(D)
My Federalism Is Economic, Scientific, Not Ethnic
Why It Is Important To Me The Congress Takes Up A Federal Republic
UML Inching Towards Federalism
Monarchy, Army, Federalism

The Maoists have put forth their map for federalism. The seven party alliance or its component parties do not have one yet. I urge the seven parties to come around to my map. It could also end up being the compromise map for the Maoists and the seven party alliance.


I have been consistently vocal on Madhesi rights. I have been so vocal, it has earned me a place in the Madhesi Hall Of Fame. I have been put in the same league as people like Gajendra Narayan Singh, Ram Raja Prasad Singh, Udit Narayan Jha, Upendra Mahato, among others.

And I am under tremendous pressure to propose a federalism where the Madhesh is its own state. A lot of Madhesis I know actually like the Maoist map. I don't dislike it myself.

But I am thinking rapid economic growth when I am proposing an alternate map. Just like in the hills, poverty is the number one political issue in the Terai. I am cognizant of that fact. Nepal's economy is my number one concern.

My proposed federalism, just like my language policy, and my education policy are all guided by that basic premise, that Nepal's number one task is rapid economic growth. I have also tried to design a constitution that could have a near universal appeal. It should also make sense for other countries with slight modifications, especially for countries that have not yet had their democracy movements.

But my map is no patchwork, and it is no apology for being a Madhesi. I take fierce pride in my Madhesi heritage.

I think it will be a minor adminstrative nightmare to reorganize the 75 districts. My proposal is to leave them alone. I believe the real question on federalism and power devolution is how much power you will give the districts. The Maoists envision nine states, I envision 75 powerful districts. I envision 75 directly elected district chairpersons.

There are Madhesis who would like to see Madhesi Chief Ministers. I would like to see 16 Madhesi district chairpersons who command more than half the budget of all districts, and a 50-50 chance of there being a Madhesi Governor in each of the three states, and always a 50-50 chance of there being a Madhesi president at the center.

The 75 districts have not been drawn along ethnic lines, but if they were to be given enough power in terms of how big their budgets end up being, they will do better justice to Nepal's diversity than states drawn along ethnic lines.

If you adopt the Maoist map, I am seeing a future of water disputes between states. That is a big concern for me.

You have to design a federalism that allows for plentiful economic mobility for the citizens. Regardless of ethnicity, people should be able to move to any part of the country and feel just fine.

I think the biggest diversity challenge might be in the capital city itself. The city is a mini New York. You have people from all over Nepal there. How do you manage that diversity? The number one thing seems to be to make the economic opportunity plentiful.

Language Policy

Federalism and language rights are related questions. The number one issue there is how do you best teach science and maths to all kids nationwide. Language issues are secondary to that.

In The News

Finland provides Rs 1.9 billion grant assistance to Nepal govt NepalNews
Moriarty meets PM Koirala
Sitaula for arms management prior to interim govt
Arms management along with political issues: Maoists the government is violating agreements by raising the issue of rebels’ arms management leaving behind the political agenda. ...... made the decision to find consensus in some political issues of the interim constitution by holding the high level meeting between the top leaders of the ruling seven party alliance and the Maoists. ...... “We made the decision to take the ongoing peace talks to its logical end ...... “We will work seriously to take the ongoing talks to the logical end and give peaceful outlet to the Maoist insurgency
Maoists capture five people involved in 'looting' Maoists captured five people from Sankhu of Kathmandu, Thursday, allegedly involved in looting in the name of the rebels. .... They were made public at Maoist party office in Lalitpur on Friday. ..... They had tried to loot a passenger bus, which was also carrying a Maoist cultural group ...... The accused were handed over to the police on Friday.
Maoists not abiding by pacts: Sitaula the Maoists are not abiding by the ceasefire code of conduct and various agreements reached between the ruling seven party alliance and the Maoists. .... the government is adhering by all pacts. ..... “Although, the Maoist leadership has been frequently expressing their commitments to abide by the agreements, there have been ample instances of violations at the local level” ...... the upcoming summit talks would resolve all the differences between the government and the Maoists
RPP reviewing its stance on monarchy: RPP chief Rana "The RPP has begun informal discussions with the objectives of reviewing the party's stance on the monarchy and changing the party statute to suit the changed political scenario" ....... Rana said nobody disarms if one feels disarming will make him insecure. Security should be ensured to the Maoists if they wish to disarm.
Finalize interim constitution at the earliest: Nepal

Will the Maoists of Nepal ever disarm? Financial Express, India After 10 years of a bloody war and with 10,000 cadres killed, why would Maoists settle for a number three slot in Parliament, as opinion polls suggest? Aside from the regular 30,000 odd fighting force of the Maoist army, there are about the 100,000-strong militia which the Maoists have built up in the countryside, an “invisible” force that consists mainly of 14-18 year olds who help enforce the writ of the Maoists.Most of them carry some sort of weapons, ranging from crude knives country pistols, but they do not wear uniforms and do not necessarily take part in military activities. They assist the guerilla only when required and are mostly responsible for guarding villages under Maoist control. They are in effect the future recruits. The presence of this militia has created a pervasive fear in rural areas, and many experts see a parallel between current-day Nepal and Cambodia during the post-1979 period.
New formula to disarm Maoists Daily News & Analysis
Nepal king’s vast business interests uncovered in probe Indian Express, India
Now, Nepal Wants To Hear From King Gyanendra Shah United We Blog
Maoists 'threaten' Nepal aid work
BBC News, UK
DFID Threatens to Withdraw from Parbat Project Himalayan Times
Rs 1.9b Finnish Aid For Nepal Water Project
Himalayan Times, Nepal
Nepal announces regular electricity power cuts due to low rainfall
International Herald Tribune, France
India shoots down double bid by Nepal to get arms
Telugu Portal, India
Russia Played Key Role in Secret Nepal Arms Deal — Report MOSNEWS
India foils Nepal's bid to get missiles Islamic Republic News Agency

NPC to publicise interim plan Kantipur Publications
Maoists form 10-member committee to speed up summit talks
HLPC mulling alternative ways to interrogate king
SEBS launches flood relief program
Two-and-half hours load-shedding from today
Eliminate fear of arms to hold CA elections: Sitaula
Maoists start party hospital
Maoists abduct hotelier, son
कांग्रेस कार्यकर्ताद्वारा गृहमन्त्रीसँग सुरक्षा माग
मन्त्री हुँदाको पछुतो संस्मरणमा
चेपाङको राष्ट्रिय साधारणसभा
नक्कली बाबुको नाममा नागरिकता
कानुनका आँखाबाट अन्तरिम संविधान
जातीय र भाषिक युद्ध

Dalit Diaspora Calls For 20 Percent Reservation


AdvocacyNet
News Bulletin 75 September 1, 2006

DALIT DIASPORA CALLS FOR 20 PERCENT DALIT REPRESENTATION IN NEW NEPAL GOVERNMENT

September 1, 2006, Washington, DC: Dalit advocates from among the Nepali diaspora in the United States have criticized Nepal's draft interim constitution because it does not endorse affirmative action on behalf of Dalit.

The criticism has been leveled by the Nepali-American Society for Oppressed Community (NASO) against the Interim Constitutional Drafting Committee, which presented its proposals to the Nepali government and Maoists on August 25.

NASO had earlier sent an open letter to the Committee demanding that Dalit be guaranteed 20 percent of the positions in the government and in all state bodies, proportionate to the Dalit population in Nepal.

The proposal was ignored by the Committee, which declined even to respond to the NASO letter. The Committee's draft makes no specific provision to include Dalit in political life.

Contacted by the Advocacy Project (AP), Prakash Nepal from NASO said that in the absence of special provisions, Dalit will almost certainly not be elected to the Constitutional Assembly when elections are held next April, or in subsequent parliamentary elections, because Dalit do not hold a majority in any region of the country. Mr. Nepal told AP that NASO will now lobby hard with the US Congress to push for quotas before the Assembly elections.

NASO has also called on aid agencies to allocate 20 percent of their budgets for Nepal to Dalit. Mr. Prakash said that the goal is to "eliminate the gap between the lower and upper castes," adding that this should be seen as a temporary measure that would last until a "casteless society" is created in Nepal.

The reaction of some aid agencies has been positive. Dr. Prasen Jit Khati, the policy and advocacy advisor for Oxfam in Nepal, said that all of Oxfam's programs focus on gender and social inclusion and agreed that aid should go to the most "marginalized Dalit." Even a 20 percent quota was "not enough," he said.

An official from ActionAid said that the agency's program in Nepal centers around 10 minority groups. While Dalit receive roughly 14 percent, he said, the agency might agree to increase this to 20 percent.

But an official from the World Bank told AP that the Bank is opposed to such affirmative action because it does not want to "reward" certain groups over others. An official at UNICEF also expressed concern that a 20 percent quota would discriminate against other needy sectors of the population that do not have the Dalit contacts or ability to lobby.

While the Dalit population in North America is small "estimated in the hundreds" NASO's members are influential in the Nepali diaspora. NASO also has considerable lobbying power, given its proximity to the US Congress and multilateral organizations.

Meanwhile, in another sign of the internationalization of Dalit advocacy, Pratik Pande, from the Jagaran Media Center (JMC), recently told the UN Working Group on Minorities in Geneva that the government of Nepal must ensure proportional representation for Dalit and other minorities in the new democratic Nepal.

This was first time that JMC, a partner of AP, had addressed the UN directly. JMC is also pressing the UN Development Program to use its aid to ensure that Dalit do not face discrimination at water taps in western Nepal.

Two AP interns Nicole Cordeau and Stacey Spivey have been working with JMC this summer, and another AP intern Lori Tomoe Mizuno is working with the Collective Campaign for Peace (COCAP) in Kathmandu. One of their tasks has been to collect information, which can be disseminated by AP and used by advocates like NASO outside the country.

The Advocacy Project is based in Washington, DC. Phone +1 202 332 3900; fax +1 202 332 4600. To visit the AP website for information about our current projects and to make a donation online, please go to: www.advocacynet.org. For questions or comments about the AP and its projects, please email us at info@advocacynet.org.

Dalits and the Interim Constitution

A letter from the Nepali-American Society for Oppressed Community

(NASO) to the Interim Constitution Drafting Committee (ICDC)

On behalf of the Nepalese and well-wishers of Nepal living in North America, we appreciate you and your team for undertaking one of the most important and challenging tasks of developing the Interim Constitution of Nepal 2006. As aspired to by the people’s revolution, every citizen is in great hope that the Interim Constitution would lead Nepal towards a total pluralistic, inclusive and democratic nation.

There is no need to elaborate that the country now is at a critical time in its history. We have many challenges and constraints ahead but also have tremendous opportunities to change our nation forever. Any lack or negligence in taking appropriate actions can cost the country high in the long run.

Inclusive governance with total protection of human rights to every citizen of the country is undoubtedly the pre-condition for peace and sustainable development. Unfortunately, for Dalits, this has never been the case, which caused them to be socially, economically and politically excluded for a long time in the history of Nepal. This must be addressed now and the necessary steps must be taken in the Interim Constitution. The Interim Constitution must explicitly state provisions to protect Dalit men, women and children, their right to live in dignity, with empowerment and without fear. We believe that your august committee will do every effort to ensure protection to Dalits in particular.

However, in order to ensure that no opportunity is missed to address the problems faced by Dalits this time, unlike the past, we urge you to include among many provisions particularly the following provisions into the interim constitution. We strongly believe, and hope that you would pay particular attention to the fact that until and unless the socio-economic and cultural discriminations against Dalits are eradicated, Nepal can never achieve peace and prosperity. The following provisions, if clearly stated in the Interim Constitution, will mount a foundation that will facilitate the rights, dignity, and advancement of Dalits; and thus ensure a peaceful and prosperous future Nepal.

Therefore, we specifically demand the Interim Constitution to:

  1. Confer a state apology in the preamble of the Interim Constitution against age old oppression/discrimination against Dalits.
  2. Confirm as illegal any activity, event, incident and/or any practice that discriminates against citizens based on their caste/ethnicity, gender, creed, race, age, class, physical appearance, religion, and/or ideological inclination. Avoid totally any term/sentence/phrase or any syntax that contrasts or opposes this provision. Explicitly state Nepal as a secular nation that respects all citizens and strictly protect their human rights and dignity.
  3. Ensure that any practice of discrimination based on caste/ethnicity, gender, creed, race, age, physical appearance, religion, and ideological inclination is severely punishable. In the case of such incidences, the perpetrator(s) must undergo at least six months to 10 years of imprisonment and fifty thousand to five million rupees of financial compensation to the victim, depending upon the degree of such discrimination.
  4. Establish an independent constitutional body, “Dalit, Women, and Indigenous Commission”, on par with the Commission for the Investigation of Abuse of Authority, to ensure that the rights and dignity of these minorities or disadvantaged groups are protected.
  5. Ensure that all Nepali citizens will have choice to adopt first and last names through their own choice. Any citizen can choose a surname on his/her own or families’ discretion or can select the first name of his/her father or mother as a surname.
  6. Ensure that the Constitution Assembly (CA) will have proportionate (at least 20%) representatives consisting of Dalit men and women. Also, ensure representation from the Dalit community at all levels of committees or units (in addition to CA) that will be formed in the development process of a new constitution.
  7. Establish and ensure effective implementation of Affirmative Action (AA) in hiring and promoting employees in all levels of any organization (both government and private/non-government), company, and institution to enhance Dalit men, women and children’s advancement and inclusion in the society.
  8. In addition to AA, include the following specific compensatory provisions for Dalits in the Interim Constitution:
    • Ensure proportionate (at least 20% at this time) representation from Dalit men and women in all legislative, administrative, and judiciary institutions of the state.
    • Ensure free education to poor Dalit children up to high school (X grade). Ensure proportionate (at least 20% at this time) number of reserved quotas in college and university scholarships to qualified Dalit students.
    • Ensure that a proportionate number of (at least 20% this time) all public employment opportunities are provided to qualified Dalit men and women.
  9. Ensure that at least 20% of all development programs/projects of GOs/NGOs/INGOs/Bilateral/Multilateral Agency or any organization working in the development sector is devoted for Dalit empowerment/development.
We sincerely hope that your august committee will understand the seriousness of the ongoing Dalit oppression, and facilitate eradicating the conservative dehumanizing discriminatory practices by incorporating the above mentioned provisions into the Interim Constitution. These provisions are not only the voice of people living in North America but also complement the voice of Dalits living everywhere in Nepal. If these provisions are ignored, Dalits who make up 20% of the country’s population, will be bound to lose hope in the existing government and their leaders, and will be forced to take an alternative course of action for their human rights, justice, and freedom.

NASO to the ICDC 1

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