Sincerest thanks go to Representative Jim Walsh for introducing House Resolution 1051 on December 06, 2006. This resolution expresses support from the US House of Representatives for the creation of a participatory democratic framework in Nepal, through the promulgation of a new constitution via constituent assembly elections. The address delivered by Congressman Walsh explicitly asked “the Communist Party of Nepal-Maoist to adhere to commitments it has made and respect human rights.”
(The full text of Rep. Walsh’s statement is located at the following URL: WALSH STATEMENT)
(The full text of Resolution 1051 is located at the following URL: USHOR RES1051)
Equal thanks go to Nepali-Americans based in the American North East, who have opted to maintain sustained pressure on all parties to Nepal’s conflict (especially the Maoists), to ensure that the dreams and aspirations (of sustained peace and prosperity), of a collective Nepali diaspora, may be brought to fruition.
It is encouraging for Nepalis that their “American” compatriots understand that sustained peace and democratic discourse in Nepal cannot be engendered solely by subduing the doomed-to-fail ambitions of an arrogant Monarch; the equally power-hungry and hubristic attitude demonstrated by the opposite extreme (Nepal’s Maoists) must also be publicly acknowledged, openly debated, moderated and countered by all peace-loving and democratically inclined individuals, globally.
Congressman Walsh’s statement provides a firm foundation upon which logical opposition to Maoist aggression can be staged. The balanced yet pointed verbiage incorporated in the text of Resolution 1051 provides a sigh of relief for every Nepali whose desire for sustained peace, the right to universal suffrage (in an environment without fear) and the realization of a political framework (that is devoid of various agendas of blackmail), may be possible.
Below are key excerpts from Congressman Walsh’s statement. Also included are comments based on public knowledge gathered from various media sites that have published information that runs contrary to the spirit of Resolution 1051 and Nepal’s Comprehensive Peace Agreement, in general.
“The agreement states that “After the Nepali Army is confined to barracks and the Maoist combatants to cantonments, possession and exhibition of arms, intimidation, and use of violence and weapons in any form shall be punishable by law.''”
The Nepalese military has remained confined to its barracks since the April movement. Maoist combatants have begun congregating in various designated cantonment sites. The total number of Maoist fighters that have accumulated-to-date, do not even come close to the 36,000 combatants, publicly declared by the Maoist leadership. Similarly, the publicly declared count of 10,000 weapons is a far cry from being accounted for.
To date, no legislation has been formulated that provides the necessary enforcement mechanisms to punish potential violators of the stipulation outlined above. Maoist-affiliated student and trade unions continue to threaten and intimidate various non-Maoist entities. Nepali media is ripe with examples of Maoists holding civilians against their will and of Maoist people’s courts persisting (despite the Comprehensive Peace Agreement).
Two blatant violations of the Comprehensive Peace Agreement include the Maoist-affiliated Student Union engaging the Nepali Congress Student Union (and wounding a total of 40 students in the process) and the same Maoist-affiliated Student Union forcefully shutting down a regional political event being conducted by a political party that currently holds seats in the resurrected Nepalese Parliament (the “Rastriya Prajatantra Party-Nepal”).
The agreement bars the government and the Maoists from recruiting soldiers, smuggling or transporting weapons and explosives, carrying out violent activities against each other, intimidating any person and destroying private property or public property. The agreement states no one is allowed to move about or participate in mass meetings and rallies with any type of arms.
Despite the agreement being signed by both the government and the Maoists, the Maoist recruitment drive continues with relentless effort. Again, Nepali and international media outlets are full of reports that cite specific examples of Maoists recruiting combatants all over Nepal. Often, the recruits are under the legal age of 18 and the act of recruitment (per the provision outlined above), should not be proceeding at all.
"I again call upon the Maoists and their Chairman Prachanda to permanently end violence, to submit to the rule of law and to compete on an even playing field with Nepal's political parties for a contest of ideas to seek the votes of the Nepalese people in free and fair elections."
Free and fair elections” is truly a catch-22 phrase. Given the current political climate that prevails in Nepal, elections are certainly possible; whether these elections will be “free” or “fair” are matters of heated contention.
The underlying rationale behind such debates pertain to two primary sources – the exclusion of any mention of the Maoist militia in the Peace Accords and the failure of the Peace Accords to empower the United Nations to not only observe, but truly enforce the Peace Accords in letter and spirit.
The Maoists continue to exhibit anything but compliance with multiple provisions outlined in the recently signed agreement. Without legal recourse or the means with which to enforce such provisions, the probability of the UN transforming into a lame duck observer is magnified, exponentially.
Public Maoist rhetoric continues to contrast sharply with official Maoist statements. Because of this divergence, doubts have emerged over whether the peace process is aimed at mainstreaming the entire Maoist outfit or whether it will yield a situation whereby the Maoist leadership cruises into power while large sections of the Maoist-support base return to war.
The Maoist leadership continues to leverage fears based on this outcome to bulldoze their agendas. Meanwhile, the Nepali government appears largely helpless and beholden to what many term, the “Maoist agenda of peace” – basically, the provision of peace exclusively on Maoist terms and conditions.
There is no place in a democracy for private armies. The parties of Nepal have requested U.N. assistance in monitoring adherence to the peace agreements, particularly the restriction of arms and armies. I welcome that request and the U.N.'s involvement, and I strongly support a robust U.N. monitoring mission in Nepal for the upcoming elections.
For the past 11 years, it is the Maoist militia that enforced the Maoist writ while their fighters engaged the state’s security forces. It is unfathomable that elections can be carried out free of fear, with the Maoist militia unaddressed in the Comprehensive Peace Agreement.
It is completely irrational and counter-intuitive to envision an “even playing filed” when enforcers of the “Maoist will” continue to roam about the countryside, unchecked and ungoverned by any hint of legal standards in sight. It is just as inconceivable that “free and fair” elections can be held as long as the threat of Maoist force persists through the presence of Maoist militia, all over Nepal.
The UN team that intends to ultimately monitor elections in a country of close to 26 million citizens, currently stands at 30. With elections scheduled for June of 2007, an urgent ramp-up in independent and impartial UN personnel is required for the elections to occur at all. Furthermore, the current mandate that has been bestowed upon the UN mission in Nepal needs immediate revision to provide for enforcement mechanisms and legal recourse should UN observers find either government or Maoist forces in material breech of the provisions outlined in the Comprehensive Peace Agreement.
Currently, the situation in Nepal (owing largely to continued Maoist aggression), is either in violation of (or alarmingly close to not being able to carry out) the following provisions of USHOR, Resolution 1051:
Article-2-(A)-ii: (That the Government of Nepal should) hold free and fair elections for a constituent assembly;
Article-2-(A)-iii: (That the Government of Nepal should) immediately take steps to restore law and order and government presence and service delivery throughout the country;
Article-2-(A)-iii: (That the Government of Nepal should) implement the will of the people of Nepal;
Article-2-(B)-i: (That the Maoists must) lay down their weapons and permanently and publicly give up violence and intimidation for political ends, both in word and deed;
Article-2-(B)-ii: (That the Maoists must) strictly honor and implement their commitments to the Government and people of Nepal, including to:
(I) respect human rights;
(II) uphold civil liberties, including freedom of speech, association, and the press;
(III) submit to the rule of law; and
(IV) dismantle parallel governance structures that emerged during the conflict.
In addition to a hearty “thank you” to Congressman Walsh (and 40 of his colleagues who co-signed Resolution 1051), this message is also a request to Representative Walsh and the American HOR, to continue to closely monitor and employ its due diligence on Nepal’s still fragile, peace process.
This request pertains specifically to the continued provision of material and non-material resources required by Nepal’s democratic forces, to ensure that elections are held in an environment that is truly “fair and free,” and without intimidation.
The continued and systematic violation of agreed-upon articles (in Nepal’s Comprehensive Peace Agreement) by the Maoists deserves close scrutiny and vigilant monitoring. It is a moral imperative for every individual that believes in peaceful, democratic discourse to ensure that the Maoist leadership is held accountable for their cadres’ actions (just as constituents of Nepal’s government must be held accountable for the actions of their party-base and the state’s forces).
A system of checks, balances and a framework that identifies both objectives and repercussions for non-compliance, are urgently needed to sustain Nepal’s peace process. Although “with the best of intentions,” the UN’s slow progress on the ground in Nepal cannot be permitted to serve as an excuse for the possible derailment of Nepal’s peace process.
To avoid such an outcome, we humbly request that the US, in its capacity as a P-5 member, continue to support the expedited provision of any and all resources (and mandates) that are requested of the SC.
Lastly, the potent message carried by the following quote from Senator Walsh deserves much introspection. It is with this quote in mind that the success of Nepal’s peace process (and the achievement of her peoples’ will) should be measured.
“The progress to date is commendable and there is cause for optimism, but there is much work to be done. Agreements are worth little if they go unimplemented, and the Maoists in particular continue to engage in behavior that calls into question their commitment to non-violence and multiparty democracy.”
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