Tuesday, September 26, 2006

Interim Parliament: 300 Sounds Fine




I myself have toyed with two numbers, 270 and 101. I think 300 sounds fine. This will allow the current parliament to continue, and it will allow it to expand to include the Maoists, and the civil society if deemed necessary.

Interim Parliament: 101 Members Total
40 Seats For Maoists, 25 For Others

This way we don't have to worry about kicking out the RPP and the RJP people. The RPP has actually emerged to be a republican party. And we don't have to worry about the Maoist formula where the seven parties get 101 seats, and the Maoists get 101 seats.

300 will give room for Maoists, for the civil society and for the DaMaJaMa leaders in the various NGOs.

300 is also close to the size of the constituent assembly, the size of the next parliament after the country gets a new constitution since there seems to be an emerging consensus that there should be one MP for every 100,000 Nepali.

A parliament 300 strong of which over 200 were directly elected some time in the past will have more authority than one where none were ever elected. The bigger parliament will also be a strong buffer against any possibility of a military coup, not that I see any on the horizon.

The downside is the 300 strong parliament might get too comfortable with itself and might end up taking up more time than they should to take the country through a constituent assembly. The plus of such a delay is all the top Maoists will end up in parliament, and that will be a crash course in democracy for them. Let's jaw not war.

And the work of the country need not stop while we stride towards a constituent assembly. This revived House has done so many good things, like the 33% reservations for women at all levels of government. An interim parliament that included the Maoists should continue to do good work for the country.

Actually I don't see why that interim parliament should not work to integrate the two armies, to downsize the combined army, and to democratize it to make it meritocratic at all levels, and to ensure a fair ethnic and gender composition. One year would be enough time to do all that. Only the seven parties are going to have to act magnanimous. They should not make attempts to rub the Maoist nose in the dirt just because they have the numbers in the parliament.

An attempt should also be made to restructure the police force.

If we can end up with a progressive police, and a progressive army before we end up with the constituent assembly elections, that would be great. But it does not have to be that way. All that can happen after the constituent assembly elections also. But I am thinking, why wait!

A 300 strong parliament can also include the civil society. They played an important role into the democracy movement. And the country is in transition. The civil society leaders will perhaps be more effective inside.

In the 300 strong parliament, the Maoists can not realistically expect to have more seats than the largest party, which is the Congress at around 70. The Maoists also can not expect more seats than that of the UML. If the Maoists are to emerge the largest communist party, they are going to have to do it at the ballot box. So I am looking at the size of the Maoists to be somewhere between the UML and the Deuba Congress. That would be only fair.

It would be interesting to read the names, see the faces of and learn the biographical details of all the Maoists who will end up in parliament. I think we are going to come across some names that are not in the public domain right now, or at least not in a major way.

Overall I am optimistic and positive, it is just that we have to make room for some posturing by all parties concerned at one time or the other. The democratic process is not a symphony, it is more often a cacophony of voices clamoring to be heard.

Looks like Nepal will have an all party government for about two more years. During those two years the country should end up with more than a new constitution. The country should keep moving ahead full speed. Bringing the law and order situation to normal is key.

All we have to do is get the house in order, and the economy is all ready to take off. Lucky that Nepal is sandwiched between China and India, the two sexiest economies on earth f0r some time to come.

The Revolutionary Parliament Should Bring Forth An Interim Judiciary
The KP Oli Event
Madhesi Rights
Peace Talks
Three Emerging Poles
If The Monarch Gets Restive, Dump Him Now
Anti Musharraf Rally

In The News

DPM Oli addresses UN General Assembly, urges for greater int’l support NepalNews
People’s will should be the basis of authority: Martin qualitative and comprehensive preparation for the constituent assembly (CA) is more important than holding it. ..... quoted the Maoist leaders as saying during his meeting with them that they were ready for cantonment of their armed forces once agreement on political issues are reached. ........ Martin also informed that he has been constantly holding discussions with UN officials in New York to proactively act upon the request from the government after the summit talks scheduled for Thursday. ......
US Secretary of State saddened by death of colleagues; UN mourns death of friends and colleagues in helicopter crash
OHCHR Nepal concerned over Maoist excesses
SPA discusses agenda for 'summit talks'; fails to find consensus on fate of monarchy conflicting views among the alliance partners regarding the process of deciding the fate of monarchy. ...... the Maoists would be staying in cantonment areas while Nepal Army would be limited to the barracks, and the UN would verify Maoist arms and the strength of the People’s Liberation Army. ...... three views emerged during the meeting on the future of monarchy. ...... future of the monarchy should be decided either by the constituent assembly or a referendum or it should be decided even before the constituent assembly election is held. ...... agreed on forming interim legislature, the meeting could not reach into conclusion on the issue of size and proportion of legislature. ...... A taskforce formed by the SPA to discuss the draft of the interim statute was for 300-seat interim legislature, including the Maoists. ....
Maoists collecting money from Indian vehicles; abduct a peon
British Foreign Office Minister urges Maoists to lay down arms

Nepal PM, Maoist chief to hold peace talks Hindustan Times, India
Britain stresses "one government-one army" in Nepal Kantipur Online, Nepal

Myths about Monarchy in Nepal Kantipur Publications a clear mandate from Jana Andolan-2 to abolish the monarchy ....... People are being made to believe that the monarchy is necessary for the unity of the nation or to stop the Maoists from coming to power and that a ‘ceremonial’ king can do no harm. ...... Nepal’s “Unification” is an imagined myth created by the state-sponsored historians of the Panchayat regime. ...... The Shah kings have always been cruel to the people. ..... The Shah kings have always suppressed the minority languages, cultures, and religions. King Mahendra did this in a systematic way through state nationalism, an ideology that was practised by dictators like Mussolini and Franco. Under King Mahendra, state nationalism mainly meant one language (Nepali), one religion (Hinduism), one dress (Daura-Suruwal and Topi) and glorifying the monarchy in various ways. Anyone who disagreed with this policy was an “anti-national element”......... Undoing state nationalism is the biggest challenge for democracy in Nepal. ...... the Magars who form the bulk of their army. ..... the monarchy has divided the nation rather than united it. ..... BP said his “neck was joined with the king’s” against the communist onslaught. ...... the Nepali army cannot turn fully professional if the monarchy remains in any form. Nepal could have abolished the monarchy in 1951 and 1990, but didn’t. It mustn’t repeat the mistake now. ......
Condoleezza Rice saddened by death of USAID workers in Nepal
Oli addresses General Assembly, says UN-led peace process can serve as an example
Govt-Maoist Thursday's talks to initiate arms mgmt The leaders also decided to set up an all-party mechanism for further work on the Citizenship Bill, which was tabled at the House of Representatives a couple of weeks ago. The House is yet to endorse it...... Nepal Sadbhavana Party (Anandi Devi) has been demanding the scrapping of any cut-off date and providing of citizenship to all those residing in Nepal at present. ...... Koirala is reported to have expressed himself in favor of restructuring the present parliament so as to ensure representation of the Maoists and civil society. ....... Koirala argued that a referendum would activate a now-passive king.
Heavy rain cripples life in eastern Nepal; Drought hits Humla
Maoists committed serious HR violations: OHCHR
Smuggling rampant, police ‘involved’ There has been a massive growth in smuggling activities in the border areas of Parsa and Bara, which according to local people is largest in volume in the last five years. ...... "Without the consent and protection of police, armed police and revenue investigation offices, such volumes of illegal trading cannot take place. ...... racketeers have now also expanded their activities to Rautahat and Sarlahi. ..... "At least five big groups are running the rackets and dozens of people have made huge investments to operate each group" ...... smuggling of food staples, while the other three are involved in illegal trading of textiles, readymade garments, stainless steel utensils, and dry food items and spices such as cashew nuts, coriander and cumin. ......... as soon as the clock strikes nine in the evening, hundreds of carts and tractors start ferrying goods to bordering villages, namely, Inarwa, Sirsiya, Nagwa, Balirampur and Alou. The goods are then loaded on trucks and brought to Birgunj, which then move on to Kathmandu and Pokhara from as early as three in the morning. ........ "Police, in civil dress, even reach the site to take account of goods that are being transported" .... the increment in customs duties is actually fuelling an increase in smuggling activities as well.
'सबै मुद्दा छिट्टै टुंगिन्छ'
शिखर वार्ता बिहीबार
ँमिडियामा बहुलवाद आवश्यक’
कम्युनिस्ट आन्दोलन उठाएको दाबी
माओवादीद्वारा जबरजस्ती अभियानमा
दल-माओवादी सुझबुझ
जारी माओवादी ज्यादती
माओवादीद्वारा गाडीबाट जबर्जस्ती चन्दा
व्यवसायीको मागप्रति सरकार लचिलो नहुने

Discrimination: Until when?

By Bindu Chaudhary

The right to peaceful assembly is guaranteed by the country's constitution as well as international human rights principles. It relates directly and indirectly to the freedom of expression, which further means that any person has the right to think, hold an opinion and express an opinion, alone, with others, informally or formally through peaceful assembly. However, the bitter truth is that Madheshis are as if 'red rag to a bull', their mere presence makes some people so angry that they quickly resort to aggressive behavior. The police, on September 11, came down heavily on the street protest called by the Madheshi community in front of Singha Durbar demanding that the issue of citizenship be sorted out before the elections to the constituent assembly is held. Similar to this one, the blunt police brutality was expressed when the Nepali police mercilessly lathicharged and injured Madheshis at the peaceful protest in Janakpur early this year.

When Madheshis still have questions about whether human rights are actually protected, preserved and promoted for Madheshis, police rage against Madheshis come as a slap in the face. It cannot be a mere coincidence that whenever 'Madheshis' come up with their agenda, the first reaction is to beat them up and shut their mouth off! This is but an overt expression of prejudice against Madheshis. Another most fundamental human rights recognized in international law, as well as in many of the national constitutions is the right to non-discrimination on the basis of national or ethnic origin, religion, race, caste, color, ideological conviction or any other ground. However, the fact is, Madheshis are discriminated and they are discriminated against socially, economically, politically, culturally and linguistically for centuries. Here are some hard facts Madheshis have to live with everyday: About 90 percent of the Terai districts, where 95.5 percent of the total Madheshi people live, have a large number of educationally deprived populations (compared to only about 13 percent in hills and mountains).

Again, 50 percent of the Terai districts have 'worst ranking' for child literacy rates (compared to 29 percent in hills and mountain districts). Geographically, about 45 percent of the 20 Terai districts have the worst poverty ranking (as compared to 29 percent in hills and mountains). Also, 50 percent of Terai districts have 'worst' per capita budget allocation index (compared to about 17 percent of the hill districts). As if this was not enough, only 11.2 percent of Madheshi people are in the integrated index of governance with none in culture, academic and professional leadership. There is an undeclared ban on their recruitment in the Nepali Army, and they are in insignificant number in Nepal police.

It is such a crying shame that Madheshis, who constitute more than a third of Nepal's population are still dealing with scores of basic development issues such as land, languages, identity, citizenship certificates, and discrimination in health, education, employment and so on. One needs to get into the shoes of a Madheshi to experience what it feels to be like a 'second class' citizen, or, a 'no-citizen'. Around 6 million Madheshis do not have citizenship certificates. It is difficult to comprehend why there is so much hue and cry and all the hullabaloo about issuing citizenship certificates to the Madheshis.

Recently, there has been a historic development with the proclamation of House of Representative to issue citizenship certificate on the basis of mother's citizenship. It is definitively a welcome step for guaranteeing equal rights to women; nonetheless, it is not enough to bring any substantial change in the present state of citizenship problems in Terai. It is therefore necessary that the 'stateless' Madheshis are granted citizenship certificates before the elections of Constituent Assembly.

Citizenship is a right, not a privilege that one has to ask for it, and asking for it is not a crime for which they need to be beaten up. Such disgraceful acts of Nepali police should not restrain Madheshi men and women from voicing their demand again, until each and every Madheshi has citizenship certificate in his hand, obviously, before the Constituent Assembly.


Monday, September 25, 2006

The Revolutionary Parliament Should Bring Forth An Interim Judiciary


SC issues show cause notice on HoR proclamation; okays reinstatement of parliament NepalNews The Supreme Court has issued a show cause notice to the government and the House of Representatives (HoR) on why the declaration was made. Acting upon five separate writ petition filed at the apex court challenging the House declaration passed on May 18 a single bench of Justice Damodar Prasad Sharma sought written explanations within 15 days on why the declaration was made, reports said. The petitioners challenged the historic declaration saying that the same was unconstitutional and illegal. In its proclamation the parliament declared itself supreme and drastically slashed the royal privileges. Meanwhile, the bench rejected a petition filed challenging the reinstatement of the House on April 24. The apex court said that the decision was made as per the need-based theory of law. Advocate Shankar Majaiya filed the writ petition at the apex court alleging that the decision of the King to reinstate the parliament is unconstitutional. The King reinstated the parliament as per the roadmap of the seven party alliance following the 19-day long people’s movement. nepalnews.com pb Sep 22 06
This challenge by the Supreme Court has to be thwarted. This revolutionary parliament as well as the interim parliament that will succeed it has the legitimate powers to impeach all the current Supreme Court justices if necessary. I hope that power does not have to be used. But it has to be used if felt necessary.

These are not ordinary times. This parliament was not born out of the 1990 constitution. It was born out of a revolution made for world history, made for the ages. These Supreme Court justices are out of touch of that fundamental reality sweeping the country today. They will have history to answer to.

There was a theory making the rounds in winter, that for the king reinstating the House was his weapon of last resort. He tried to establish an executive monarchy. But if he failed, he could always fall back to the 1990 constitution, but before that happened he will already have given himself a huge pay raise thata according to the 1990 constitution was to be irreversible.

This Supreme Court move feels awfully like that conspiracy theory. It is entirely possible the monarchy and/or monarchists have bribed some of these judges. It is their last ditch effort to undo the April Revolution.

If that be the case, those weirdos just might manage to do what the Maoists have not been able to, which is to short circuit the referendum idea on the monarchy, and instead have the monarchy ended now through the political decision of the eight party alliance.

With this move, the Supreme Court has fallen out of line.

There was no provision in the 1990 constitution that could have allowed House revival. The House was revived through a political decision born out of the April Revolution. A House revived through a revolution is revolutionary in character. It is that revolutionary House that brough forth the revolutionary House proclamation. It can not be challenged. The only legitimate place to challenge its details will be during the elections to the constituent assembly. It is quite another thing that any such challenge will fall flat on its face. Such is the new political reality.

This is not an issue in separation of powers. This is a people power issue.

This Supreme Court move challenging the House proclamation is the first major act of counter revolution. I smell foul play. We have to make a counter move. The best counter move would be to launch the interim constitution and the interim parliament immediately, without further delay.

Then the judiciary will be forced to function within the perimeter of the new, interim constitution.

A political decision has to be made to think in terms of an interim judiciary. The state is in transition. This Supreme Court has given us a clear excuse. This Supreme Court seems to exemplify the old order. We already said no to that.

The seven party alliance has to feel the power of people power and it has to move ahead with confidence. We already won in April. We don't have to fight all over again. We just have to consolidate the power won on behalf of thepeople.

We should move ahead with caution, we should move ahead with confidence, we should move ahead without fear. Feel the wind behind our back.

In The News

Preparations for 'summit talks' in final stage: Mahara NepalNews foreign investment would be welcome for Nepal ’s independent national economy, adding that the foreign policy would be made as per the agreement with the neighbouring countries after Maoists form the government. ..... He also stressed on the need for unification of all communist parties in Nepal . ..... Madhav Kumar Nepal informed that the summit talks between top leaders of the seven party alliance and the Maoists will be held on Thursday.
RPP chairman criticizes security lapses in the country; demands Home Minister's resignation
Oli continues meetings with foreign leaders in NY

Nepal poll finds population divided over keeping Monarchy Nepalis are evenly divided over whether the Himalayan nation should get rid of the King, a new poll says. ..... 49 per cent wanted an end to the monarchy while 48 per cent favoured retaining the institution. ..... Eighty-nine per cent said the country was headed in the right direction after years of Maoist violence and political upheaval. .... 76 percent of respondents favoured integrating Maoist rebel forces into the Nepal Army.
Nepal parliament formally strips king of army control

Splinter rebel group says killed Nepal legislator Washington Post, United States Jay Krishna Goit, leader of leader of breakaway faction Janatantrik Terai Mukti Morcha told reporters that his men had killed the legislator. ..... Authorities said one of Shrestha's aides was also killed and two of three assailants were later caught and killed by villagers. .....
Nepal Parties Discuss Peace Process Nepal human Rights News, Nepal
Prachanda Meets Deuba, Nepal; Discusses Summit Talks Agenda Himalayan Times
Nepal lawyers question parliament’s supremacy
Peninsula On-line, Qatar
Nepal lawyers wage war on parliament DailyIndia.com
Nepal poll finds population divided over keeping Monarchy Zee News, India

The KP Oli Event






KP Oli 1
KP Oli 2
KP Oli 3
Oli, eNepalnews Interview, June 2006


UN General Assembly Webcast Archive
Nepal

H.E. Mr. K. P. Oli, Deputy Prime Minister
Minister for Foreign Affairs
[English] 15 minutes
KP Oli, September 24

The first thing I want to say is I was very impressed to hear Pradeep Nepal and KP Oli speak. I am right now uploading two long video clips online. As soon as possible I will display them right here. I think I have about 100 minutes of video from the event. I missed out on some of Oli's comments in the question answer session because my camcorder battery gave up on me. I wished I had taken my power cord with me so the camcorder was hooked to a power outlet all along. My camcorder had enough memory for 180 minutes. I missed the part where Oli talked about Madan Bhandari and Krishna Prasad Bhattarai, two people I greatly admire.

To hear the Madan Bhandari name from someone like KP Oli was not easy. I never made up my mind on the various conspiracy theories to Madan Bhandari's death, one way or the other. Even if the official story were true, the vast impressions to the contrary in the popular imagination tells you of the huge void Bhandari left behind him. People plain miss him. There was this honesty to Bhandari that was so basic and heartwarming. There is no doubt Madan Bhandari was a huge talent who left prematurely. I think he was working his way to turn the UML into the largest party in Nepal the electoral politics way. If he was still around, his success would likely have left little room for something like the 10 year long civil war like situation. He talked republic, he talked land reform.

Bidya Bhandari: Power Woman

I am not a big believer in the knight in shining armor type thing. I don't think it takes any one person to turn a country around. Such is a collective effort. But leadership matters. One person matters. Madan Bhandari clearly would have mattered.

KP Oli is as impressive and sharp a mind as I expected him to be. He has the intellectual fiber of someone who is well read, and he has an instinct for the contours of active politics like a mountaineer to his mountain.

This was the first Nepali event in New York City where my organization Hamro Nepal, "the world's first digital democracy organization," got formally recognized. Despite my protests, ANTA still has not been recognized.

Sushil Koirala In Jackson Heights

This event was supposed to have been primarily a Tek Gurung's United Nepalese Democratic Forum's thing. But he was not on stage. And he did not speak. When the Bahuns start doling out the goodies, they start with the Janajati. That is not going to fly. What about the Madhesi? I am one of those who believe the few Madhesis in town have to take offense on behalf of the 15-20 thousand Madhesis who are not here because Nepal is not a fair country.

In quantitative terms, I am second to none in the city in terms of the democracy movement. I have been the only full timer after all. My qualitative contributions have all been transparent. Shailesh Shrestha, the emcee, actually gave me a pretty profuse introduction.

There is a lack of internal democracy in the sphere of the Nepali organizations in the city. How many members does each organization have? That information has to be public. Do all those directly elect the organization's president? When was the last time that happened?

The worst part is there is no umbrella organization. We should perhaps launch one. Association of Nepali Organizations in New York City. ANONYC. Any willing organization would be a member. Not all organizations would be equal. The voting power of each organization would be somewhat proportionate to its membership size. The president of each member organization would be a member of ANONYC. They would elect a president.

I am a basic believer in the one person one vote mechanism, and especially in its vertical implications.

Everyone on stage was a Bahun. That is when the alarm bells started ringing in my mind. For once Tek Gurung should have been the presiding officer. Perhaps Kamala Prasain could have been on stage. She is a Bahun, but she is a woman. She is political.

Shailesh Shrestha is a great emcee, a class act, but the guy ends up doing so much of the talking. If the introductions were brief, we could pack in more speakers.

But overall I am not complaining. It was so great getting to listen to Pradeep Nepal and KP Oli in person. And I am so glad KP Oli spoke at length.

The UML and the Congress argued against a constituent assembly for as long as they could. They never came to it while in power or parliament. And you could see that here. One of the speakers, a senior UML MP, actually went on to claim the 1990 constitution was superior to that of the US! I felt suspended in mid air.

This Inadequate, Improper, Insufficient 1990 Constitution

Anand Dhungana is from Janakpur. I am from Janakpur. He was there. He is a senior MP. But then no Yadav or Jha has ever been elected from anywhere in the hills. Half the MPs from the Terai are of hill origin.

One of the guests was missing in action.

The last time Anil Jha was in town, he stayed at Mridula Koirala's place along with Chakra Prasad Bastola and gang.

Seven Party Forum In Jackson Heights

Another seven party delegation is to visit town soon. There are emails from Anil Jha. Pramod Sitoula on top of that asked me at the event during an aside if I had received any email from Anil Jha. Looks like my local tirades against Bahunbaad is going to create lodging complications for Anil Jha although he himself is a Brahmin. Jha.

Madhesi Rights

I am to meet KP Oli later in the day at the Nepal mission's office. KP Oli goes to DC and then he is off to Nepal. But Pradeep Nepal will be back in town after his DC sojourn. I plan to have longer talks with him when he is back in town.

Throughout the event I kept asking myself the question, so why is the peace process stuck? I found a few answers.

The Congress-UML mentality that resisted the constituent assembly for as long as they could is still there. There is also this feeling among them that the current parliament can not be dissolved. That is a wrong position to take in the aftermath of a revolution. You got to think in terms of an interim parliament. You can argue as to the shape and size of such a body, but you can not argue against the idea of it.

Girija Prachanda Brinkmanship
Arguing With The Maoists

I think we have made a huge mistake of not setting up a Truth And Reconciliation Commission. Such a commission should perhaps be part of the package that is being talked about. I can not imagine how we will achieve permanent peace without such a commission. The idea is to take the whole country through a counselling process. It is necessary.

Land Reform, Truth And Reconciliation

The package I envision is this.
  1. Maoists disarm the 100,000 militia. They should seek help to turn them into unarmed cadres.
  2. 36,000 Maoist soldiers go into cantonments. The state feeds them. The Maoists bring extortions to a total halt. At least half their weapons are locked up, with keys with the Maoists leaders and the UN.
  3. Set up a Truth And Reconciliation Commission.
  4. All eight parties take specific positions on where they stand on the monarchy question.
  5. All eight parties take specific positions on whether or not the country should have an army, if yes how big that army should be, what should be its ethnic and gender composition, and how that composition is to be achieved, and how soon. What happens to all the Nepal Army and Maoist soldiers who will lose their jobs when the composite army will be inevitably downsized?
  6. All eight parties take specific positions on the shape of the proposed federalism. What does your map look like?
In The News

Seven party alliance meeting discussing agendas for "summit talks" NepalNews issues of finalizing the draft interim constitution ..... the issue of Maoist arms management, the main issue of dispute among the ruling seven party alliance and the Maoists .... discussions were held on the fate of monarchy in new Nepal, the UN role in Nepal peace process and the structures of the interim legislature, but these issues were yet to be finalized as differences surfaced among the seven party alliance in these issues. ...... Top leaders of the ruling seven party alliance except chairman of Nepal Workers’ and Peasant’s Party Narayan Man Bijukchhe are participating in the meeting. .....
Dr. Bhattarai lauds India's role for success of April movement; says Maoists are not a threat to India senior Maoist leader Dr Baburam Bhattarai has said that his party would not pose any security threat to India..... we don't want to severe our bilateral relations with India by ignoring its internal security concerns ..... He further said that the 12-point understanding between the seven-party alliance and the CPN-Maoist would not have materialised had India not played a positive role. ..... paved the way for ending King Gyanendra’s 14-month autocratic rule through the 19-day peaceful agitation. ..... Bhattrai said, "As we understood the international scenario, which is not in our favour, we reached the 12-point and 8-point understandings with the seven party alliance for lasting peace and democratic republic in Nepal." ..... the seven-party alliance was reluctant to implement the agreements reached with them soon after they came to power ..... the alliance-Maoist relation was turning sour because of the alliance backing out of their commitments. .... lasting peace and state restructuring were not possible without restructuring the feudal structure of army and abolishing monarchy. .... Speaking at the same programme, India’s noted expert on Nepal-India relations, SD Muni .....
Media situation worst during the king's rule: report
Maoist atrocities have gone up: INSEC Maoist atrocities have increased across the country .... five major incidents of rights violations occurred between August 26 and September 11 ..... the government has become helpless while Maoist atrocities have gone up
No whipping boy - By Dipta Shah With recent statements made by Maoist leaders, the very rationale for UN involvement in ‘arms management’ has been thrown into doubt. Even before the Maoists reversed their commitment to having their arms managed, the absence of a high-level roadmap to constituent assembly elections already presented a significant risk to UN operations. ...... the UN’s involvement in Nepal will be a “process”. .... The pre-Dasain ‘summit’ needs to focus on producing a detailed roadmap ..... Anything less will almost certainly result in the resumption of violence, either as ‘peaceful’ street protests or all-out urban warfare.
Maoist cadre killed in clash with villagers

Security stepped up in south Nepal where lawmaker was assassinated International Herald Tribune, France
Nepal's top SPA leaders meet to prepare summit talks with ... People's Daily Online, China "The SPA leaders will discuss the form of interim constitution, ratio of representatives in the interim parliament and separation of arms and armies of the guerillas" ..... They will also discuss whether or not give space to the king in the interim constitution. .... The SPA leaders and the guerillas have agreed on conveying good message of peace to people before "Dashain"

Nepal stresses CA elections by mid-June next year Kantipur Publications
Fear of reprisal grips Belha village Even as they mourn the killings of Rastriya Prajatantra Party parliamentarian Krishna Charan Shrestha and local Ram Briksha Mukhiya, residents of Belha village fear reprisals after learning that the two assailants they beat to death were associated with Janatantric Terai Mukti Morcha (JTMM). ..... Fear gripped the villagers after JTMM owned responsibility for the murders. ..... Chief District Officer Chiranjivi Adhikari said that there is no budget for immediate relief to the family.
65 of 76 heart specialists in capital
Rebel ‘court’ at temple premises
आज सात दल बैठक
सेनाको नयाँ प्रवक्तामा थेवे
सेना र आर्थिक पुनर्संरचनामा अड्किएका छौं’ सेनाको पुनर्संरचना, आर्थिक पुनर्संरचना, राजतन्त्रको अन्त्य र संघीय राज्यव्यवस्था चार मुख्य एजेन्डा ...... भारतीय नेपालविद् प्रोफेसर एसडी मुनीले अमेरिकाले सीधै र भारतले अप्रत्यक्ष रूपमा नेपालमा राजतन्त्र चाहेको बताएका छन् । अमेरिकी नेपाल-नीति भारतमा आश्रति भए पनि यी मुलुकबीच केही भिन्नता रहेको उल्लेख गर्दै उनले समसामयिक अध्ययन केन्द्रको कार्यक्रममा भने- 'भारत माओवादीसहितको सरकार चाहन्छ भने अमेरिका त्यो चाहन्न ।' ...... 'यहाँको हरेक गतिविधिमा विदेशी चलखेल छ' ..... मुनीले जनआन्दोलनअघि सात दल र माओवादीबीच रहेको एकता कमजोर हुन थालेको उल्लेख गर्दै क्रान्तिअघिको एकता कायम राख्न नसके परिस्थिति बिग्रने चेतावनी दिए । ..... कांग्रेस नेता चक्र बास्तोलाले मुलुकमा व्यापक विदेशी चलखेल रहेको स्विकार्दै जनता सर्वशक्तिमान भएकाले बाहिरिया शक्तिले भनेको मान्नैपर्ने बाध्यता नरहेको बताए । ..... केन्द्र अध्यक्ष्ा लोकराज बरालले दल र स्वदेशी स्रोतव्यक्तिबीच बहस हुन नसकेको औंल्याए । 'सामान्य विदेशीले भनेका कुरा तत्काल सुन्ने तर चालीसौं वर्ष यहाँको राजनीतिक चिन्तनमा बिताएका स्वदेशी स्रोतलाई बेवास्ता गर्ने प्रचलन दलले त्याग्नुपर्छ,' उनले भने । ...... रामचन्द्र पौडेलले सात दलद्वारा माओवादी छापामारलाई सात शिविरमा राखेर विद्रोही सेना र हतियार छुट्टयाउन प्रस्ताव गरेको ....
ँप्रतिगामीहरू ँकु’ को षड्यन्त्रमा’
पहिलो लोकतान्त्रिक दशैं
कानुन हराउँदै गएको देश
बिग्रँदो सुरक्षा स्थिति
शान्ति प्रक्रियाको राष्ट्रसंघीय मोडेल

NPC to Bring Three-year Interim Development Plan Himalayan Times


Bindeshwar Shah On Madhesi Rights

Saturday, September 23, 2006

Phirangee 2









Phirangee

Peace Roadmap: An Appeal To The Leadership Of The Eight Parties


Peace Roadmap: An Appeal to the Leadership of the Eight Parties

(Published originally in Nepali, Kantipur daily, 21 Sept 2006)

Sri Girija Prasad Koirala, Sri Madhav Kumar Nepal, Sri Sher Bahadur Deuba, Sri Amik Sherchan, Sri Narayan Man Bijukchhe ('Rohit'), Sri Bharat Bimal Yadav, Sri Prabhu Narayan Chowdhary

and

Sri Pushpa Kamal Dahal ('Prachanda')

Gentlemen,


Before peace and democracy, fought for during the 2006 People's Movement, have been attained, the country is entering a vortex of human insecurity. The forces that defeated royal authoritarianism by means of the 12-Point Agreement are growing apart, and this provides opportunities for reactionary elements to become active. Steps must be taken immediately to reduce the confusion and mistrust between the seven parliamentary parties and the Nepal Communist Party (Maoist) during the interim period before the elections to the Constituent Assembly. We appeal to the leadership of the eight parties to reach a wide-ranging agreement with regard to a peace settlement before the upcoming Dasain season. In our opinion, once the roadmap for peace is decided upon, the very maturity of the people will lead us through to the Constituent Assembly elections and the new Constitution. We urge the eight parties to put behind them questions of who has or has not conformed to their stated responsibilities thus far, and to move ahead with a new mutual understanding.

In our view, the central focus of the eight parties must be the people of the villages and districts, who are in the process of losing hope and trust. The eight parties must work together in order to create a comprehensive roadmap that will pave the way to both the Constituent Assembly elections and to lasting peace. In our opinion, such an agreement between the parties should include understanding on the following points:

1. The Interim Constitution


Neither the peace process nor the preparation for a Constituent Assembly will move ahead without the incorporation of the Communist Party of Nepal (Maoist) one of the forces that participated in the April People's Movement into the government. The Interim Constitution is required in order to achieve this inclusion, but the recently submitted draft Interim Constitution is incomplete because the parliamentary parties and the CPN (Maoist) were not able to agree on the key issues. Since it has already been agreed that the Constitution for a new Nepal will be created through the Constituent Assembly, an interim constitution should be made through general consensus and in a manner that it does not contradict the proclamations of Parliament.

2. The Interim Parliamentary Order


Since it is the reinstated Parliament that has been able to guarantee the gains of the People's Movement through its national legitimacy and international acceptability, for now one does not see an alternative to this institution. At the same time, as a group without representation in Parliament, it is not possible for the CPN (Maoist) to be accountable to the House when it is in government. To get around this problem in a practical manner, we suggest that a People's Consultative Committee be established by agreement between the eight parties. All political decisions would be taken by the Committee, which would be given the stamp of approval by the government and Parliament. The committee must function under the directives of the leaders of all eight parties.

3. Management of Arms


In our understand, the 'management of arms' involves, on the one hand, the bringing of the Nepal Army under full control of the government and Parliament and to make it committed to the democratic and pluralistic system of government. On the other hand, 'management of arms' refers to, from start to finish, the process of Maoists setting down their arms. It is important to make the officers of the Nepal Army who are implicated in atrocities during the conflict and who were part of the royal takeover to be held accountable for their actions. Meanwhile, at a time when the police and army are confined to their posts and barracks, it is a fact that the people at large in the villages and districts are having to live under the threat of armed Maoist groups, in an environment of fear. Even though guns are not being fired under the ceasefire, the citizens are yet to be freed from the fear of weapons. It is our conviction that the Maoists cannot backtrack from their commitment to management of arms, under the letter and spirit of the 12-point agreement and the 5-point letter to the United Nations. Therefore, in order to afford the people psychological relief, it is necessary that the CPN (Maoist) place all of its armed personnel in specified camps under the supervision of the United Nations. Meanwhile, nationally and internationally, we will have to guard against the possibility of atrocities against Maoist supporters who have been separated from their arms. In our view, it will be timely to implement the suggestion contained in the 5-point letter, to put all armed personnel in cantonments, while putting aside for the time being the question of when the full disarmament of the Maoist fighters and militia is to take place.

4. Ceasefire Agreement


Even though the Maoist's ceasefire declaration is of the phased kind, it has brought relief to the people. The roadmap to permanent peace, however, requires the Government of Nepal and the CPN (Maoist) to sign a bilateral ceasefire agreement. Such an agreement must contain adequate mechanisms for supervision and mutual communication.

5. Agreement on Human Rights


Given that disregard for human rights lies at the root of the violence and bloodshed that the Nepali people have suffered, it is important that the government and the CPN (Maoist) show commitment to respect the basic principles of human rights and humanitarian law, to sign an agreement on human rights and humanitarian law, and ensure its implementation and enforcement.

6. Public Security


The Nepali people are experiencing insecurity and lack of peace, and the absence of government throughout the country is a matter of utmost concern. The Government of Nepal has failed in its responsibility of delivering human security, and this can be considered disrespect of the mandate of the People's Movement of 2006. In this context, it is important for the government and the CPN (Maoist) to cooperate in giving the citizens a sense of law and order. Logistical support to the Nepal Police should be enhanced immediately, and there should be a move towards re-establishing police posts all over the country. This is important in providing a sense of rule of law nationwide. Simultaneously, in order to provide a sense of security in the interim period, the government has to proceed with providing the basic elements of human security through the provision of public health, education, essential items, and so on. Both the government and the CPN (Maoist) have to agree that in order to provide security to the people, the police force, administration and the court system have to be activated and made visible throughout the country.

In conclusion,


The Nepali people are today involved in making space so that a group that has been engaged in revolt for more than a decade is able to enter open competitive politics with respect and self-esteem intact. We believe that the character of Nepali society as well as the goodwill and understanding between the CPN (Maoist) and the government provide ample reason for this campaign to succeed. The successful implemenation of the peace roadmap following extensive homework between the parties, we believe, can make Nepal a 'model country' in front of the world community. Further, the process that begun with the People's Movement of 2006 to promote pluralism, democracy and lasting peace will ultimately lead the country at long last towards progress. Through the Constitution that will be drafted by the Constituent Assembly, a people that has been cheated throughout history will at last enjoy respect and prosperity within an inclusive structure of governance. Under this process, the CPN (Maoist) too will convert from a 'rebel group' to a responsible national party, gaining the opportunity to serve the people and be part of the exercise to create a New Nepal.

If lasting peace were to be achieved through the points made in this appeal, we believe that Nepal is capable of moving ahead with the constituent assembly process. In doing so, through reasoned discussion, the citizenry will successfully address the many sensitive pending issues in order to introduce a new state structure befitting our soil. We ask the eight parties that have been working together from the 12-point agreement to the 5-point agreement not to underestimate the people's good sense, and to sign a Understanding for Peace and Democracy, before the upcoming Dasain season. As you thus draft the roadmap that will take us to the Constituent Assembly, we also request you to please keep the interests of the people in the villages and districts foremost in your thoughts.

Signatories to the Appeal:


1. Amrit Gurung

2. Bhimarjun Acharya

3. Binaya Kasaju

4. Bipana Thapa

5. Bishnu Nisthuri

6. Dhurba Basnet

7. Durga Baral 'Vatsayan'

8. Dr. Gauri Shankar Lal Das

9. Dr. Gopal Krishna Shiwakoti

10. Hari Bangsha Acharya

11. Kanak Mani Dixit

12. Kapil Shrestha

13. Kedar Bhakta Mathema

14. Kedar Sharma

15. Kiran Krishna Shrestha

16. Kundan Aryal

17. Lhakpa Norbu Sherpa

18. Madan Krishna Shrestha

19. Mandira Sharma

20. Manoj Gajurel

21. Nilamber Acharya

22. Nisha Sharma

23. Prateek Pradhan

24. Rajesh KC

25. Renu Rajbhandary

26. Sapana Pradhan Malla

27. Dr. Saroj Dhital

28. Shambhu Lama

29. Shanta Basnet Dixit

30. Shanta Lal Mulmi

31. Shobhakar Budhathoki

32. Subodh Pyakurel
33. Sulochana Manandher

34. Sunil Pokhrel

35. Sushil Pyakurel

36. Tashi Zangbu Sherpa

37. Tika Ram Bhattarai

38. Dr. Tirtha Bahadur Shrestha

39. Yubaraj Ghimire

40. Somnath Ghimire


In The News

सर्वोच्चद्वारा प्रतिनिधिसभा घोषणामा प्रश्न Kantipur Publications
तेल घाटाप्रति राजनीतिक उदासीनता
अमेरिकी विश्वविद्यालयमा नेपाली विद्यार्थीको समिति
एकताका नाममा धम्की ः देउवा कांग्रेस -प्रजातान्त्रिक) का सभापति शेरबहादुर देउवाले पार्टी एकीकरण गर्ने नाममा संस्थापन पक्षले आफूलाई दबाब र धम्की दिन थालेको आरोप लगाएका छन् । ...... दबाब र धम्कीले पार्टी एकता टाढिएको उल्लेख गर्दै कार्यकर्तालाई पार्टी संगठन विस्तारमा निर्धक्क भएर लाग्न आह्वानसमेत गरेका छन् । .... 'गिरिजाबाबु -कांग्रेस सभापति गिरिजाप्रसाद कोइराला) र किसुनजी -संस्थापक नेता कृष्णप्रसाद भट्टराई) सित एकताका बारेमा राम्रै कुरा भएको थियो तर बीचमा अर्को कांग्रेसले अनेक कुरा गर्ने, दबाब र धम्की दिन थाल्यो । शेरबहादुर दबाब र धम्कीसित डराउने मान्छे होइन'
ँराजतन्त्रबारे सहमति नजिक’ माओवादी नेता डा. बाबुराम भट्टराईले राजतन्त्रलाई संविधानसभा निर्वाचन सम्म निलम्बनमा राख्ने सरकारसँग सहमति बनेको बताएका छन् । .... भट्टराईले राजतन्त्र र अन्तरिम संसद्लगायत नौबुँदामा छलफल भइरहेको ..... संविधानसभा अघि राजतन्त्रबारे जनमत संग्रह गर्न ..... 'हाम्रो माग अहिले गणतन्त्र घोषणा गरेर जाऔं भन्ने हो, अरू पक्षको अन्तरिम संविधानमा राजतन्त्रलाई निलम्बन गरांै भन्ने प्रस्ताव भएकाले संविधानसभाको निर्वाचनका बेला जनमत संग्रहमार्फत राजतन्त्रको फैसला गरौं भन्ने छ,' उनले भने- 'त्यो कुरामा करिब- करिब सहमति भएको छ, निष्कर्षमा पुग्न बाँकी छ ।' ..... उनले हतियार र सेना व्यवस्थापनको कुरा राजनीतिक प्याकेजको सहमति पछि गर्ने दलका नेताहरूको भनाइ सकारात्मक भएको बताए ।
१ सय ७४ को स्थिति सार्वजनिक
'जनसेना पाल्न सरकार तयार'
राजाविरुद्ध निवेदन दर्ता माग
'आन्दोलनको दोषी सुरक्षा निकाय'
लाखौं घूस दिन आउँछन्’
अपि्रल आन्दोलनको दमन
चाभेजले बिकाए चोम्स्कीलाई
प्रचण्ड, देउवा र जोरायले चामल
‘Govt-Maoists homing in on agreement’
House passes Military Bill
UML cadre shot at
Rebels ‘tax’ collection drive continues
‘Govt ready to bear Maoist militia’s expenses’
SC show cause notice on House proclamation
Deuba receives threat to unify
Gaire ANNFSU prez, Jhakri VP
Extortion to end once PLA in cantonment: PM
IMF/WB vocabulary
PM to look into FNCCI's demands
Civil-military relations in democracy
Discrimination: Until when?

Unidentified gunmen shoot dead MP Shrestha; parties condemn murder NepalNews
UML, NC (D) and Maoists discuss peace process Maoist chairman Prachanda, UML general secretary Nepal and NC (D) president Sher Bahadur Deuba, Maoist leader Dr Baburam Bhattarai, UML leaders Jhalanath Khanal, Amrit Kumar Bohora, Ishor Pokharel and Bharat Mohan Adhikari, NC (D) leaders Prakash Man Singh, Bimalendra Nidhi and Dr Prakash Sharan Mahat
Arms management by October: Minister Gyawali
Constitution Making Process - Some Basic Requirements
SAG double-gold medallist Bhandari fails doping test
Parliament endorses amended Army Act
SC issues show cause notice on HoR proclamation; okays reinstatement of parliament
Govt publicises status of 174 disappeared people out of 776 reported cases of involuntary disappearance, the government was able to confirm the status of only 174 citizens..... Out of 174 disappeared persons, 52 were killed, one has been absconding, one still remains in jail while rest the have already been released
Govt. hands over Kangchenjunga Conservation Area to community
Govt. to form taskforce to resolve problems of industrial sector


Nepal politician assassinated ABC Online, Australia
Nepal Parliament passes law to strip king's post as SC Islamic Republic News Agency, Iran
Army law blow for Nepal king Gulf Daily News
Prachanda Meets Deuba, Nepal; Discusses Summit Talks Agenda Himalayan Times, Nepal
SPA, Maoists, discuss key issues Hindu
UML, NC (D) and Maoists discuss peace process Nepalnews.com
Peace Roadmap For Nepal: An Appeal To The Leadership Of The Eight ... United We Blog, Nepal

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Friday, September 22, 2006

CSC: Arms Management: A Part Of Politics



Say Peace First
CS Center
Conflict Study Center
PO Box 11374, Share Market Complex, Putalisadak, Kathmandu, Nepal Tel: +977-1-6218777 Email: cscenter.nepal@gmail.com

Situation Update IX
Arms Management: A Part of Politics
September 21, 2006

Political Threats

The SPA/government and CPN (Maoist) have their own understandings, viewpoints and stances on peace and political threats.

Threats to SPA and/or government
  1. If the Maoists go for CA elections with arms, they would be wiped out in the elections. For this very reason, they fear of letting Maoists participate with arms and clamor for arms management prior to CA elections for free and fair elections.
  2. If the Maoists gain majority in the elections and take over state power, what would be the fate and role of their self and their parties. What the history has shown that they become fish out of water when they were ousted from power.
  3. On the one hand, they dissociated from the common people due to their centralized power-passion and on the other, they were afraid to go to the rural areas because of escalating conflict. These factors destructed their basic organizational structures beyond Kathmandu, the Capital, and other cities. They apprehend threat to run for elections because they have no strong bases in the vast rural areas. Therefore, they have the veiled schema to prolong the incumbent House and the government. Why the peace talks is not proceeding smoothly ahead? What are the stumbling blocks? The crux of the issue lies in the fact that many of them would not be enjoying the money and muscle privileges of Parliamentarians or Ministers or Commissioners, etc. if peace process materialized earlier as per the interest and desire of the people and the mandate of the Popular Movement II.
  4. The SPA and/or government senior rank leaders are afraid that they would be standing in the witness-box if peace is eventually materialized, which would open the issues of human right violations and abuses in the past and would sooner or later lead towards accession to and ratification of ICC and the Rome Statute.
  5. The Maoists themselves have not developed trust amongst the SPA and/or government that their arms are not directed towards them or Loktantra (democracy). The CPN (Maoist) has not gained trust with SPA that they would not create obstacles to Loktantrik Ganatantra (democratic republic).
Threats to Peace and Public Security
  1. The incumbent government appointed, promoted and transferred to better places the Senior Officers of Army including many others, who were within the scope of investigation of High Level Investigation Commission headed by Krishna Jung Rayamajhi. The Commission, formed to investigate atrocities during popular movement II, expressed strong objections to the actions. What are the reasons for such acts of the government? Is it afraid of the Maoists secret agenda or thesis that it would initiate rebellion within the ranks and file of the government Security Forces? Anyhow, the government is drawn into the swamp of culture of impunity, which is not new to Nepal.
  2. The avowal of the Maoists to prepare the ground for Kathmandu-centered revolution, which is also called “October Revolution”, tunes with simultaneous convergence of Maoist leaders, cadres and conduction of activities of its sister-organizations in Kathmandu.
  3. In September 12 to 15, 2006, the US Ambassador Moriarty visited Army installations and organized discussions with SPA in district headquarters in mid-and-far western Nepal. He stated that there is no hope for SPA and Maoist agreement and further said that the peace process is their tactics to usurp state power, which would lead to civil war (Samaya: September 17, 2006). He added, “the Maoists are still intimidating people with their weapons.” He urged all to go against such Maoists activities. His visit and statements created huge public debate and discussions from street to parliament, SPA, etc. Political Scientist Professor Dr. Lokraj Baral, an Ex-ambassador to India, said that the Ambassador Moriarty violated Diplomatic Ethics and Principles (FM, HBC 94.1: Sept 19, 2006). Sudhir Sharma, a local journalist, writes, “He is more active than SPA leaders and ministers to move around the country. There is no Defense Minister now, but he is visiting sensitive army barracks and talking to field commands as if he is the Defense Minister. Not only him a special envoy from Washington is also busy traveling within Nepal” (Kantipur: Sept. 15, 2006). National Monitoring Committee on Code of Conduct for Ceasefire (NMCCCC) urged the government to stop the public statements from the US Ambassador Moriarty that would block the peace process. Protesting against the interference in Nepal’s security (army barracks) by Moriarty, Member of Parliament (MP) Lila Mani Pokhrel in the House said, “It is undiplomatic acts and remarks.” He further stated, “Either the government should order Moriarty to leave the country or he should abide by diplomatic norms. Can our ambassador to the US visit American Army barracks and report it to the government here” (Kathmandu Post: September 18, 2006).
  4. The SPA, government and parliament have been breaching the Code of Conduct (CoC) by issuing provocative statements, mobilizing police force against peaceful demonstrations, violations of clauses of Understanding/Agreement reached between both the sides.
  5. Whereas, the later also allege that the former is continuing extortions, tax and donations, and abductions, along with creating hurdles in rehabilitation of the displaced, functioning of kangaroo courts and armed demonstrations.
  6. MP Chitra Bahadur KC said, “One the one hand, the Maoists demand Rs. 1.2 million from the entrepreneurs and on the other hand, the police demand Rs. 50,000 from them” (Kathmandu Post: September 18, 2006).
  7. The CPN (Maoist) is breaching the CoC through provocating public statements, recruitment and training in PLA, intimidation with arms, extortions, abductions, killings, etc.
  8. The government has failed to maintain law and order in the country. On September 18, the Member of Parliament Chitra Bahadur K.C warned the government that people would compel to support the regressive forces and conformists if government could not ensure security. Everyone particularly children feel insecure even inside Kathmandu, the capital of Nepal, as several news of children disappearance by abductees are reporting each day. The increasing trends of abductions, looting, rubbery, etc. seem that there is no government in Nepal. Such leaning is especially intensifying after the Maoists laid down their weapons.
Threats to Maoists
  1. CPN (Maoist) supremo Prachanda claimed that the US government is behind to prolong the peace process.
  2. CPN (Maoist) spokesperson and Talks Team Coordinator Krishna Bahadur Mahara said, “When arms of PLA are locked up that of the Nepali Army should also be done the same. What would happen if Nepal Army attacks us? If we believe on monitoring of the Nepal Army by UN, then they should also believe on us monitored by UN. If they fear us escape monitoring, then why should not we fear them escaping?” (Himal: September 17, 2006). The Maoists believe that republic Nepal could not be set up if arms would be separated from them. The Maoists fear that if they are separated from their arms, the SPA in coalition with USA might wipe them out.
  3. The Maoists fear what would happen to them and their party when they are separated with their arms of retaliation from the leaders and activists leaving or ousted from CPN (Maoist) because of various reasons and the families of peoples victimized by their forces during the decade long conflict.
  4. They are not confident that the SPA/government would provide security to them upon separation from their arms.
  5. The CPN (Maoist) grew as a major force within a short span, which is unprecedented in human history. Weapon is a critical factor, which prompted their development through the strategy “Political power grows out of the barrel of a gun”. Their diversion to “Political power grows out of the ballot” is a significant paradigm shift.
Threats to Monarchy and the Conformist Forces
  1. The regressive and conformist forces widely known as Bhoomigat Giroha (Underground Elements) had been at the pinnacle of power, purse and prestige (3Ps) not only during the Panchyat Regime (Absolute Monarchy), but also during the Multi-Party System with Constitutional Monarchy. These elements were the foundations on which the Monarchy as a system was operating. The Monarchy is at the critical juncture if peace process materializes and the republican forces hold sway. The regressive and conformist forces want to protect and promote the Monarchy in Nepal forever.
  2. The regressive and conformist forces have been hammering wedges in the peace talks because they do not wish to include the Maoists in the interim government and weaken them by isolating them from their weapons. They are alarmed by the turn of events if the peace talks continue successfully so that the Maoists would be everywhere – government, streets and villages and Nepal may turn into a republican state with communists at the helm.
  3. The High Level Investigation Commission announced to interview the then Chairman of the Council of Ministers Gyanendra for atrocities during Popular Movement II. The findings might lead to his indictment.
  4. The Monarchy that was pauper up to the reign of Tribhuvan (1950s), has amassed mammoth property both in land and abroad so that it is now a rich ruler of the poors. It fears of consequences even if “Ceremonial Monarchy” is maintained.
Mistakes of and Lessons from the Past
  1. The Interim parliament and government failed to include CPN (Maoist), an ally of Popular Movement II. However, the SPA, except Majdoor Kishan Party, ascended the government whereas Maoists were left out as an opposition. The distance between SPA/government and Maoists widened in the process to genuinely compliance the 12-pt understanding and 8-pt agreement.
  2. The 12-point Understanding recognized CPN (Maoist) as a political force while the 8-point Agreement documented the existence of the People’s Government at the local levels and PLA. The 5-point UN Assistance Agreement placed both the Armies – Nepal Army and the PLA at the same footing, but genuine compliance was lacking from both the sides. Although Talks Teams from both sides held negotiations, issues pertaining to Arms Management and Politics led to ineffective results.
  3. This was a ripe moment for the regressive and conformist forces to fish in troubled waters, which not only influenced the Agreements and Understandings, but also to SPA. The Maoists also retaliated in breaching them.
  4. If CPN (Maoist) had been included in the Interim Parliament and Interim Government, the political agendas and weapons issues could have been addressed positively and Nepal would have been heading towards the CA elections nowadays.
Crisis Way Out
  1. Confidence building measures: Recognizing non-violence and coexistence, and minimizing self-interest both the parties should increase formal and informal talks, meetings, dialogue and interactions. Important stakeholders SPA, Maoists, Civil Society and others, and International Communities should play their roles to networking, lobbying, facilitating, mediation and witness focusing on the people and peace.
  2. Compliance to Understandings and Agreements: Pressure to all the stakeholders should be generated from the grass roots through different layers/tiers (central, region, district and village Peace and Reconciliation Committees) to genuine compliance to 12-point, 8-point and 5-point Understanding and Agreements and 25-pt Code of Conduct.
  3. Extensive Peace Talks Committee at political levels: The government and Maoists have formed Peace Talks Teams. Along with this, the Maoists have formed a High Level Peace Committee led by Prachanda, but neither the SPA nor the government have done so, which serves as a critical mechanism for building sustainable peace. This team should not exclude the civil society, which would ultimately turn the time-bound ceasefire into permanent agreement.
  4. Signature to Human Rights Accord: The Human Rights Accord put forward by the National Human Rights Commission should be signed by both the SPA/government and Maoists to protect, promote and ensure rights to life, liberty, security and dignity to each individual citizens.
  5. Breaking the Silence between Armed Forces: The Nepali Army and the PLA see each other as enemies and communication between them is deadlocked. An agenda needs to be developed at the political level so as to break the ice (silence), which would open the doors to integration of both the armies into a National Army.
  6. Referendum to Status of Monarchy: Different versions relating to Status of Monarchy exist between different political forces, which have led the peace process to stagnancy. Efforts to consensus on referendum deciding the fate of Monarchy in Nepal would be the best option acceptable to all.
  7. Financial Support to PLA: If international communities want to see free of extorting (money) Nepali society, they should manage the food and clothes of Maoists armies. They have already stated that they need 600 million Nepali Currency to support their 30,000 PLA each year.
Conclusions

Political issues pertaining to conflict transformation and peace in Nepal is related to Arms Management, and a point worth mentioning here is that Arms Management is an integral part of Politics. The confrontation subsides as the political issues and agendas are addressed appropriately and politically. The government focuses on first discussing arms management before major political consensus reach between them, whereas Maoists prefer political decisions prior to arms management. Our perception is meting out of both political issues/agendas (for instance, Interim Constitution, Status of Monarchy, Structure of Interim Parliament, Interim Parliamentarians, Interim Government, Interim Judiciary, Interim Security, CA Elections, Constitution-making Process, Certification and Approval) and Arms Management parallel simultaneously. Professor Dr. Baechler Gunther, Special Advisor for Peace Building in Nepal, Switzerland said, “Politics and arms management could not be separated. Arms would automatically be managed if both the parties (SPA and Maoists) agree on non-violence” (Nepal: September 17, 2006). Ian Martin, UN Secretary-General’s Personal Representative to weapon management said, “The whole agenda needs to be discussed together, whatever sequencing there is. I can only get into discussions on modalities for arms management when the two parties are negotiating themselves (Kathmandu Post: September 19, 2006)

The very day peace will prevail in Nepal, the day the national and international forces stall supply of arms and ammunitions, and internalize the zeal and zest, interest and wishes of Nepali people for peace. The countries producing and trading armaments should put aside their interest and prefer peace for the sake of Nepal. The decrease in self-interest of the conformist and regressive and international forces would lead to increased alertness, activeness and sensitivity of the SPA towards peace and prosperity. Then only people would receive justice and genuine compliance to human rights, people would get rid of politics of threat and fear, “violence culture” would turn into “peace culture”­ – this is the swapna, dharma, karma ra tapasya (dream, religion, duty and devotion) of each and every Nepali.

Contributed by
Dr. Bishnu Pathak
and
Mr. Chitra Niraula


CS Center, established recently in 2006, is an academic, policy oriented and research based non-government, non-partisan and non-profit making autonomous institution registered with the Government of Nepal. Its purpose is to promote peace, respect human rights, enhance democratic process, and protect the poor, marginalized, disadvantaged and vulnerable (PMDV) people and endorse social justice and dignity through education, training, action research, action advocacy, capacity building and networking as a Think Tank, Center for Excellence (Archive: http://demrepubnepal.blogspot.com/2006/09/conflict-study-center.html).

In The News

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Parliamentarians demand resolution condemning Thai Coup
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Civil Society leaders present 'roadmap' for successful peace talks six-point "roadmap" ..... peace could not be restored in the country without incorporating Maoists into the interim government, the appeal asks the ruling seven party alliance and the Maoists to find consensus in all outstanding issues and adopt the interim constitution soon. ....... form a political advisory council as a common mechanism of seven party alliance and the Maoists ...... making members of security forces involved in excesses during the pro-democracy movement accountable. ..... agreement to keep the armed forces of the government inside barracks and the combatants of Maoists inside fixed cantonments is the best option for the arms management. ....... sign comprehensive peace accord and develop mechanism for regular contact between the government and the Maoist side. ...... increase resources for the Nepal Police and to reinstall police posts displaced during the conflict to spread the sense of security. .....
Nepal urges Indonesia to support its UNSC bid
US offers Rs 1.1 billion for Nepal's peace process
Take action against suppressors of April movement: OHCHR members of the security forces found to be responsible for using or ordering excessive force during the April movement of the country be held accountable for their actions. ..... all three branches of the security forces, Nepal Police, Armed Police Force and Nepal Army (then known as Royal Nepalese Army) were responsible for the deaths and serious injury of demonstrators and other civilians through the excessive use of force during the April movement ........ “Internal sanctions and criminal prosecutions particularly in case of killings and serious injury ....... raised its concerns with the Maoist leadership regarding the transporting of children in rallies and demonstrations, often without consent of their guardians. ...... “Respect for the rights to freedom of expression, of association and assembly must be a key aspect of the peace process.” ...... “During the April protests, OHCHR-Nepal staffs themselves witnessed police using lathi (long baton) charges into crowds, including peaceful assemblies, often aimed at the head causing serious injury. They also witnessed police fire teargas directly at crowds and the negligent use of rubber bullets, and documented the inappropriate use of live ammunition, all constituted improper and excessive use of force,” adding, “Children and young people, as well as medical workers trying to treat the injured were among those targeted.” ...... review of Public Security Act, strengthening the Nepal Police, addressing the chain of command issues, accountability, compensation and redress, strict control over live ammunitions, access for medical services during demonstrations, training for security forces in policing during public demonstrations and protection of children.
US envoy meets PM Koirala
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नागरिकता ऐनअघि अन्तरिम संविधान माग
शान्तिमा प्रतिबद्ध छौं ः महरा
अनेरास्ववियु १८ औं राष्ट्रिय सम्मेलन
कानुन व्यवसायीले झाको इजलास बहिष्कार गर्ने
ँदल छुट्टए लोकतन्त्र समाप्त’
'संघात्मक होइन स्थानीय निकायलाई स्वायत्तता दिनुपर्छ'
दलितमाथि कुटपिटविरुद्ध प्रदर्शन
संशोधनको प्रस्ताव
पीपलबोट डट कम
राज्य सञ्चालनमा महिला सहभागिता

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Nepal Citizenship Act 2006 approved in Nepali parliament People's Daily Online
Nepali citizenship for all eligible before Constituent Assembly ... People's Daily Online
Citizenship for all eligible citizens before CA polls: Home ... Nepalnews.com
Nepal agrees to foot Maoist guerrillas upkeep
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Maoists urged to settle arms issue, EU supports peace efforts Zee News
Annan's PR in Nepal Urges Parties to Resolve Political Problems ...
Nepal human Rights News, Nepal
Decommissioning Dilemma of the Maoist in Nepal
American Chronicle, CA
Maoist child exploitation claim BBC News
UN raises concerns about Nepalese children at communist rebel ... International Herald Tribune
Communist rebels using children in rallies Ireland Online
UN Urges Nepal to Hold Those Responsible for Protest Deaths ... Voice of America
April movement suppressers must be held accountable: OHCHR-Nepal Kantipur Online
UN raps Nepal troops over anti-king crackdown Washington Post



Sushil Koirala 2
Sushil Koirala
Sushil Koirala In Jackson Heights
Sushil Koirala, September 9