(Courtesy: Sano Baje)
When “Bahunists and Bahunism: A Mini Dissertation on the Keepers of Nepal’s Feudal Tradition” first appeared, reader reactions were overwhelmingly positive. There were a few who coughed up the courage to be offended by the truth (mostly, a handful of practicing Bahunists). But overall, the strong endorsement the original text was sufficient cause for a series of writings to follow. The piece below is one of several expositions to come.
Secularism - A strategic makeover of the Bahunist image
The declaration of Nepal as a secular state is an excellent example of Bahunism in action. For those who are unaware of the entrenched culture of Nepali Bahunism, secularization signals a move toward religious freedom. But for those who understand Nepal’s most feudal tradition, secularization also symbolizes a pre-meditated drive at cleansing the Bahunists’ of their feudal, past.
The idea of a secular state was sold to the Nepali people as part of a bid to undermine King Gyanendra’s influence. The act itself however, also functioned as part of a campaign to blur the image of practicing Bahunists (as descendents of “pundits” and royal “purohits”), into the more "respectable" status of politicians and civil society leaders.
As long as Nepal remained a Hindu nation, the conflicting image of Bahunists as ultra-democrats on the one hand, and religious zealots on the other, was sure to persist. This was bad for business and even worse for politics. So for disgruntled Bahunists, the only permanent way out, was secularization.
In a Nepali state minus its "Hindu" tag line, anything became possible; even the overnight makeover of feudal Bahunists (whose ancestors actively enforced the Hindu caste system), into protectors of Nepal's "loktantrik" experiment (where religious oppressors are magically transformed into social liberators).
In one sweeping motion, ultra-Bahunists self-acquitted themselves of their hereditary past of caste-based, religious discrimination. In the same motion, Bahunists also floated the idea of feudalism and monarchism as two sides of the same coin. Somewhere in this perverted translation, there was a hidden attempt at sweeping Bahunism under the rug of "regressive topics"; ideas that supposedly do not belong in a "loktantrik", "new Nepal."
Fortunately, while secularization may have been a Bahunist instigated transformation, Bahunist monopoly does not extend to the vision of a "new Nepal". In this "new Nepal", people of the liberated classes are free to objectively pick and choose their oppressors. Such freedoms are bound to establish clear linkages between grievances and oppressors (at various levels of society). The "gold medal" in the category of ethnic exclusion and oppression is sure to go to Bahunist land owners, village priests, VDC administrators, and others who excelled based on nepotism, not merit.
While the Bahunist hope is that the Royalists take the blame for everything that was rotten with the "old Nepal," this hope is dimming with every passing day. Even Gyanendra is an insufficient distraction when it comes to shielding Bahunists against ill will that has accumulated over several centuries. It is only a matter of time before the house of cards will fall in the following sequence: First the Royalists, then the Maoists, and close behind them, the Bahunists.
The only threat to the Bahunist-Maoist nexus – the Madhesis
When it comes to dirty politics, everyone has a lesson to learn from the Bahunists. When it comes to teaching the Bahunists (and the Maoists) a lesson they will never forget, everyone has debt of gratitude to pay the Madhesis. The non-violent and 100% legitimate Madhesi movement has burst the Bahunist and Maoist bubbles in a such a way that neither group will ever be able to challenge the Madhesis again. A much needed political balance, has finally been struck.
To their credit, the Maoists are the only political players in Nepal who consciously dissociate themselves from feudal Bahunist traditions. Pushpa Kamal Dahal, Baburam Bhattaria, Chandra Prakash Gajurel, Mohan Baidya, Janardhan Sharma, Dina Nath Sharma, etc., all understood that guilt by association (to their Bahunist brethren) posed the greatest threat to the Maoist revolution. Till this day, Maoist Chairman Dahal insists on being called by his nom de guerre, “Prachanda.”
Unfortunately for the Maoists, Bahunist ties proved too much of a lure to not leverage for political gain. Pushpa Kamal Dahal’s Bahunist ties to Home Minister Krishna Prasad Sitaula are well known. This tie, through three “sisters”, extends also to another nefarious Bahunist, Sitaram Yechuri. Similarly, the leader of the Chure Bhawar movement is a blood brother of the present Home Secretary; a man who reports directly to the Home Minister Sitaula.
Such linkages (although unreported by the media, or by civil society groups), were not lost upon a particular group in Nepal’s ethnic melting pot – the Madhesi community. Having been discriminated against and continually exploited by the ruling elite in Kathmandu (especially in the post 1990 era), the Madhesis’ view of Jana Aandola-II varied significantly from the Bahunist interpretation. For the Bahunists, the uprising was where the end of the line; for the Madhesis, the uprising was only a phase in a long process that would result in a departure from Royalism and Bahunism, and a RADICAL departure from Maoism.
When indications of Royalism being replaced by Bahunism emerged, the Madhesis decided they’d had enough. Compounded by two incidents – one, the murder of a Mahesi People’s Rights Forum member by a Maoist in Lahan (the Maoist was part of a security detail that Krishna Prasad Sitaula had discharged) and two, the Bahunist-led distortions of the events that resulted in the Gaur massacre – the Madhesis decided to act.
The rage with which the Madhesi movement was waged, was a wake up call to the Bahunists and the Maoists, on a scale neither group had imagined possible. The emergence of the MPRF as a legitimate, democratic entity has distorted the once comfortable political positions enjoyed by all of Nepal’s mainstream parties. The rush to constituent assembly elections in part, is guided by a sense of urgency felt by the Eight Party Alliance (EPA) to consolidate its electorate immedately (or rather, to salvage what it has left).
The fateful characterization of the Madhesi peoples' uprising as first a Royalist instigated problem and then a security problem and then a slew of other problems (all except a political problem which is what the Madhesi uprising has always been), fueled the Madhesi uprising even more. As costly as it has been in human life and tragedy, the Madhesi revolt has done wonders in exposing the Bahunist-Maoist complex that permeates throughout Nepali civil society, throughout Nepal's human rights organizations and throughout the Nepali media. All these societal elements that were united on the basis of peaceful and democratic principles demonstrated neither a tendency for non-violent conflict resolution, nor any hint of impartial, democratic deliverance when dealing with the Madhesis.
The good news is that the ugly head of Bahunist extremism showed itself in the "new Nepal," but was quickly exposed. Thanks to Nepal's Madhesi people, Bahunists, Bahunism, Maoists and Maoism are all in check. The Madhesi people have provided Nepal a legitimate alternative to what was traditionally showcased as the role of the Nepal's Royal institution - a balancing mechanism against Maoist aggression.
Bahunist drama and kangaroo courts
Some of the most totalitarian advances in Nepal’s modern history have transpired (over the past year) under a Bahun dominated, nepotistic, Illiberal Bahunist Democracy (IBD). For example, at the same time the kangaroo commissioners from the King’s rule (RCCC Commissioners) are being tried by one set of “special” (kangaroo) courts, another set of “special” (kangaroo) courts is busy pardoning political icons, infamous for their rampant corruption.
Former ministers Jaya Prakash Gupta and Chiranjibi Wagle, both of whom (not surprisingly), are former Nepali Congress MPs, were pardoned while the public's attention was distracted by clashes in the Madhes, and well-timed populist rhetoric against the King. The timing of Jaya Prakash Gupta’s pardon was particularly interesting – he was pardoned citing a lack of legal provisions upon which to prosecute his case, a week after he abandoned the Madhesi Peoples’ Rights Forum (MPRF).
Also not surprising is that neither the avowedly incorruptible Maoist leadership nor their handymen the YCL, have uttered as much as a word on these highly irregular pardons. So much for the YCL’s anti-corruption drive, especially now that even Sitaram Prasai is back in the comfort of his own home. (For the sake of the little legitimacy the Maoists still have, it is highly recommended that the YCL stick to the one thing it has proven itself capable of doing - picking up garbage from the streets of Kathmandu).
Unreported by the mainstream Nepali media, the YCL, under the watchful Bahunist eyes of Krishna Prasad Sitaula has kidnapped siblings of NC MPs opposed to the Sitaula-Shekhar-Maoist alliance; the YCL and youths from several other political parties have physically assaulted RPP members for their political beliefs; and they have assaulted NSU and ANNISU students in various educational settings across the country. A popular NC-D (Deuba faction) activist was kidnapped and subsequently murdered by the Maoists. A CDO was physically assaulted, his office ransacked by the YCL (less than a hour outside of the capital).
Out of all these incidents, when does the Bahunist Supremacist Krishna Sitaula's Ministry strongly criticize the Maoists? When Baburam Bhattarai publicly threatens physical action against NC leaders Khum Bahadur Khadka and Govinda Raj Joshi. For the record, these two are known NC strongmen and were the founders of operations Romeo and Sierra-II-Kilo, infamous paramilitary operations launched under the watchful eye of former IGP of the Nepal Police, Achyut Krishna Kharel.
Conclusion:
The immediate post-April 2006 period has witnessed Bahunism at its "best". Bahunist arrogance, self-righteousness and a false claim to all that is democratic has reached its peak - now there is no way left but down. A pronounced sense of Bahunist common cause, collaboration, and cunning has been on display across party lines, across international borders and openly amongst Nepal’s ruling elite. But to think that the Nepali people are incapable of making logical connections between the Bahunist elite and their not-so-clever antics, is naive.
Constituent assembly elections are expected to seal the fate of not just the Maoists, but also the Bahunists. This group's disproportionate domination of all forms of political life and civil service is soon to end. CA elections will spark this debate, subsequent parliamentary elections will seal the Bahunists' fate.
Traditionally, it was the Bahunists who functioned as the well-oiled machinery that kept the Royalists in business. Tension between these two conventional allies gave birth to the Maoists. Friction between the Bahunists and the Maoists led to a 12 year civil war (the political victims of this "fight" are soon to be the Royalists). With the Royalists out of the picture, the entire rationale for the Maoists to exist, is also over.
In theory, with the Royalists and the Maoists relegated to obscurity, the Bahunists should have two reasons to rejoice. In practice, with the Royalists and the Maoists off of Nepal's political stage, the Nepali people do not have to rely on the Bahunists to keep the other two extremes at bay.
Better the Maoists than the Royalists and perhaps the choice is Bahunists over Maoists. But truly, the best of all worlds is when nepotism, extremism, favoritism, manipulation, and disproportionate representation all come to an abrupt end. And by definition, this implies the end of the culture of Bahunism in Nepal. Only then will the birth of a "new Nepal," truly begin.
As the saying goes: "One man's terrorist is another man's revolutionary". Similarly, as offensive and politically incorrect as this writing may appear to some, to others, the arguments presented herein are immensely powerful, liberating and necessary. Truth, reconciliation and the healing of an entire nation is no small task. It all starts somewhere and for many, this open discussion of Bahunists and Bahunism, is where the process of closure begins.
The idea of Bahunism is so integrated, so interwoven, so misunderstood and so feared that hardly anyone dares to speak of its relevance in restructuring Nepal. And yet, unless the socio-political ills that accompany Bahunism are addressed (and erased), a free and fair, merit-based society will never develop in Nepal.
Democracy as an excuse to prolong Bahunist domination in Nepal, is no longer alright. Lip-service alone on peace and democratization to create an illiberal political structure is no longer ok. The Nepali people in totality (especially the emerging generation of leaders) are far ahead of the existing political class. The Royalists are sidelined, the Maoists are on the wane, it's now time for the Bahunists to also move out of the way or risk being forcefully removed.
Related Posts:
Nepali Politics: Brahmin and Chhetri Everywhere
http://nepaliperspectives.blogspot.com/2007/07/nepali-politics-brahmin-and-chhetri.html
Bahunists and Bahunism - A mini-Dissertation on the Caretakers of Nepal's Feudal Tradition
http://nepaliperspectives.blogspot.com/2007/03/bahunists-and-bahunism-mini.html
Bahunism Extended to Other Cultures and People - Analysis of Character and Physical Features as Templates
http://nepaliperspectives.blogspot.com/2007/03/bahunism-extended-to-other-cultures-and.html
A Gurkha's Perspective on Bahunism
http://nepaliperspectives.blogspot.com/2007/06/courtesy-anonymous-gurkha-listen-nepali.html
Ethnic Assertion, Constituent Assembly Elections and Maoists on the Defensive
http://nepaliperspectives.blogspot.com/2007/02/ethnic-assertion-constituent-assembly.html
Nepal: Can We Ever Reconcile Our Relative Truths?
http://nepaliperspectives.blogspot.com/2006/11/nepal-can-we-ever-reconcile-our.html
Nepal's Constituent Assembly Elections - It's not Just a Matter of Security
http://nepaliperspectives.blogspot.com/2007/08/nepals-constituent-assembly-elections.html
Revisiting Recent Nepali History - A brief Collection of "Inconvenient Truths"
http://nepaliperspectives.blogspot.com/2007/07/revisiting-recent-nepali-history-brief.html
Wednesday, August 29, 2007
Wednesday, August 22, 2007
Nepali Maoists Prepare for their Final Assault
(Courtesy: Comrade Libre)
Since the day their Indian handlers forced the peace process upon them, Nepal's Maoists have been on a roller coaster ride. From the pinnacle of their popularity in the mid-nineties, the Maoists have plummeted to an all time low. This rock bottom status had the Maoist leadership worried, their fighting cadre demoralized and their detractors in high spirits. All this changed on August 20, 2007 with the unilateral Maoist imposition of 22 pre-conditions on Nepal's constituent assembly elections.
It is apparent that a looming electoral humiliation has forced the Maoist leadership back to the basics - "revolution." Nepal's "rebels with a losing cause" are poised to try and compensate for their inability to deliver by re-focusing their cadres' attention on what they do best - threaten, intimidate, coerce, terrorize and forward political goals through violent, undemocratic and uncivilized means.
Now that the Maoists have changed their colors once more, documenting the justifications that emanate from their hardest of hard core supporters in Nepal's civil society, sections of the media and human rights organizations, becomes extremely important. It also becomes necessary to closely monitor reactions from the plethora of electoral advisors, the United Nations Mission in Nepal (UNMIN) and related parties whose mandate it is to execute on the Nepali peoples’ will – sustained peace and democracy – the starting point for which is free and fair elections. Will these forces attempt to moderate the Maoist threat or will they continue their tradition of hypocrisy?
As for the non-Maoist members of the eight party alliance (EPA), murmurs of discontent have already arisen from within their ranks. The focus of disillusionment with the Maoists’ 22 pre-conditions is primarily along two broad categories. First, there’s a stark contradiction between stated Maoist policy and Maoist intent (a long held tradition of double standards that find their origins in Maoist doctrine). And second, there’s an alarmed focus on the usage of the following phrase: “peoples’ action.” As if mention of this phrase wasn’t enough, the YCL’s front man, Ganesh Pun’s assertion (that “peoples’ action” could also imply physical action) has put everyone from student leaders to MPs on high alert.
Based on historical events, the mention of “peoples’ action” evokes a laundry list of unpleasant memories – none of which bode well for the on-going peace process or the planned November 22 polls. For example, the Maoist assassinations of former Chief of the Armed Police Force (IGP Mohan Krishna Shrestha and Mrs. Shrestha), the assassination of Brigadier General Kiran Basnyat, the kidnapping (and subsequent extortion attempt) of Mr. Sitaram Prasai, the murder of the former President and Vice President of the Maoist Victims’ organization, the assassinations of numerous electoral candidates during the King’s takeover, the gruesome murder of journalist Dekendra Thapa (and the list goes on and on), are a few atrocities that fall under the Maoist definition of “peoples’ action.”
If the allusion to “peoples’ action” (backed by an unequivocal confirmation of physical violence) does not elicit widespread condemnation from the remainder of the ruling coalition, the Nepali media, civil society, the human rights community or the “army” of individuals whose subsistence is currently derived from Nepal’s unfortunate circumstances, such activists may as well pack their bags, go home and forever keep their peace.
The Nepali people have stood by and watched the sham of a process that UNMIN’s arms verification has been; the Nepali people have continued to tolerate Maoist excesses in the form of extortion, kidnappings and physical violence; the Nepali people have remained patient despite the Maoist affiliated violence that has cost children their right to education, adults their right to earn a living and has cost Nepal over 13,000 lives.
The Nepali people have demonstrated extraordinary resilience in spite of provocation from various extremes, of failed governance, of broken promises and a state of general lawlessness. And the reason Nepalis have remained tolerant is because they see hope for a lasting peace and the prospect of a democratic way of life. But with less than three months to go to precedent-setting elections (and with the Nepali people’s aspirations for lasting peace and democracy under duress), the Maoist shenanigans of August 20 may cease to fall under the realm of what the Nepali people are prepared to tolerate.
At this juncture, the Maoists have two options: Either they play by the rules and go for elections or they don’t and they head back to the jungle. A possible third option would be an engineered vertical split but in this event, all Maoists (especially the leadership) are better off following their armed faction back into the jungles. Nepal’s peace process has no use for leaders who cannot lead.
Speaking of leadership, another brand of leaders (Nepal’s political pundits) legitimized the 12 Point Agreement in the following terms: A means to salvation for a terrorist organization, desperately trying to reform itself and wholeheartedly prepared to embrace the democratic mainstream. Such pundits claimed an alliance between Nepal’s legitimate political parties (imperfect as they still are) and the Maoists was necessary to overthrow an ambitious king and to mainstream the violent Maoists. Where are these pundits today and why do they shy away from criticizing the Maoists where criticism is long overdue? Is it these pundits' opinion that the Maoists are democratized?
The problem is that Nepal’s political pundits have a vested bias. They are on record for making claims that will never materialize and instead of modifying their visions to match ground realities, they continue to wish their way into irrelevance.
For example, such pundits are completely incapable of envisioning a return to war. However, an objective view of the current circumstances (for the Maoists) includes the following: The Maoist leadership has been living in opulence for over a year while their fighting core haven’t received funds disbursed by the Nepali government (to Krishna Bahadur Mahara). The Nepali Government in turn, has seen no receipts to account for these disbursed funds. Cantoned Maoist combatants still live in make-shift huts although the funds to build infrastructure have already been disbursed to Hisila Yami. Once again, there is no paper trail on where Nepali tax payers' monies have have been put to use.
Further, the Maoists thought they could continue their campaign of intimidation in the Terai (after joining the peace process) but faced a rude awakening in Gaur. Truth be told, the Maoists' fought a war for 10 long years and have nothing to show for it – even if Nepal was declared a republic tomorrow, the Maoists would still take a serious "beating" at the polls. So why would the Maoists opt for elections over continuing the status quo interim government and why should the prospects of war seem unapplealing for a Maoist cadre-base that has thrived on anarchy for as far back as their memory serves them?
Political observers are miscalculating the Maoist mood by interacting exclusively at Pushpa Dahal, Krishna Mahara and Baburam Bhattarai's level. People need to wake up to the reality that rebellion, revolution and revolt (not peace, compromise and settlement) are the predominant values ingrained in Maoist DNA. These values are the antitheses of democratic principles like rule of law, justice, peaceful protest and the right to private property. These two sets of values are irreconcilable and in the face of adversity, become even more accentuated.
The Maoists have begun their final assault on the Nepali state. Every one of their 22 preconditions is a direct challenge to Nepal’s peace process. Their veiled public threats combined with UNMIN’s ineffective arms monitoring, represents a tangible risk. The fact that the Maoists’ hold the keys to their own armories (and have continued to train and recruit new combatants while slipping seasoned combatants into urban centers), represents another real risk. Add to this the fact that the Nepalese Army’s state of operational readiness is zilch and one may conclude that Nepal’s situation spells “clear and present danger.”
The question is, what are Nepal’s political pundits going to do to meet the Maoist challenge?
Related Posts:
The Idiot’s Guide to the Maoist Playbook
http://nepaliperspectives.blogspot.com/2007/01/idiots-guide-to-maoist-playbook.html
Nepal Government "Pays" Maoists for Peace
http://nepaliperspectives.blogspot.com/2007/06/nepal-government-pays-maoists-for-peace.html
The Mysterious "Environment" and the Bogey of Elections
http://nepaliperspectives.blogspot.com/2007/06/mysterious-environment-and-bogey-of.html
Lack of Law & Order in Nepal, Primarily a Maoist-Originated Problem
http://nepaliperspectives.blogspot.com/2007/07/lack-of-law-order-in-nepal-primarily.html
The Utility of a Professional Nepalese Army
http://nepaliperspectives.blogspot.com/2007/07/utility-of-professional-nepalese-army.html
Since the day their Indian handlers forced the peace process upon them, Nepal's Maoists have been on a roller coaster ride. From the pinnacle of their popularity in the mid-nineties, the Maoists have plummeted to an all time low. This rock bottom status had the Maoist leadership worried, their fighting cadre demoralized and their detractors in high spirits. All this changed on August 20, 2007 with the unilateral Maoist imposition of 22 pre-conditions on Nepal's constituent assembly elections.
It is apparent that a looming electoral humiliation has forced the Maoist leadership back to the basics - "revolution." Nepal's "rebels with a losing cause" are poised to try and compensate for their inability to deliver by re-focusing their cadres' attention on what they do best - threaten, intimidate, coerce, terrorize and forward political goals through violent, undemocratic and uncivilized means.
Now that the Maoists have changed their colors once more, documenting the justifications that emanate from their hardest of hard core supporters in Nepal's civil society, sections of the media and human rights organizations, becomes extremely important. It also becomes necessary to closely monitor reactions from the plethora of electoral advisors, the United Nations Mission in Nepal (UNMIN) and related parties whose mandate it is to execute on the Nepali peoples’ will – sustained peace and democracy – the starting point for which is free and fair elections. Will these forces attempt to moderate the Maoist threat or will they continue their tradition of hypocrisy?
As for the non-Maoist members of the eight party alliance (EPA), murmurs of discontent have already arisen from within their ranks. The focus of disillusionment with the Maoists’ 22 pre-conditions is primarily along two broad categories. First, there’s a stark contradiction between stated Maoist policy and Maoist intent (a long held tradition of double standards that find their origins in Maoist doctrine). And second, there’s an alarmed focus on the usage of the following phrase: “peoples’ action.” As if mention of this phrase wasn’t enough, the YCL’s front man, Ganesh Pun’s assertion (that “peoples’ action” could also imply physical action) has put everyone from student leaders to MPs on high alert.
Based on historical events, the mention of “peoples’ action” evokes a laundry list of unpleasant memories – none of which bode well for the on-going peace process or the planned November 22 polls. For example, the Maoist assassinations of former Chief of the Armed Police Force (IGP Mohan Krishna Shrestha and Mrs. Shrestha), the assassination of Brigadier General Kiran Basnyat, the kidnapping (and subsequent extortion attempt) of Mr. Sitaram Prasai, the murder of the former President and Vice President of the Maoist Victims’ organization, the assassinations of numerous electoral candidates during the King’s takeover, the gruesome murder of journalist Dekendra Thapa (and the list goes on and on), are a few atrocities that fall under the Maoist definition of “peoples’ action.”
If the allusion to “peoples’ action” (backed by an unequivocal confirmation of physical violence) does not elicit widespread condemnation from the remainder of the ruling coalition, the Nepali media, civil society, the human rights community or the “army” of individuals whose subsistence is currently derived from Nepal’s unfortunate circumstances, such activists may as well pack their bags, go home and forever keep their peace.
The Nepali people have stood by and watched the sham of a process that UNMIN’s arms verification has been; the Nepali people have continued to tolerate Maoist excesses in the form of extortion, kidnappings and physical violence; the Nepali people have remained patient despite the Maoist affiliated violence that has cost children their right to education, adults their right to earn a living and has cost Nepal over 13,000 lives.
The Nepali people have demonstrated extraordinary resilience in spite of provocation from various extremes, of failed governance, of broken promises and a state of general lawlessness. And the reason Nepalis have remained tolerant is because they see hope for a lasting peace and the prospect of a democratic way of life. But with less than three months to go to precedent-setting elections (and with the Nepali people’s aspirations for lasting peace and democracy under duress), the Maoist shenanigans of August 20 may cease to fall under the realm of what the Nepali people are prepared to tolerate.
At this juncture, the Maoists have two options: Either they play by the rules and go for elections or they don’t and they head back to the jungle. A possible third option would be an engineered vertical split but in this event, all Maoists (especially the leadership) are better off following their armed faction back into the jungles. Nepal’s peace process has no use for leaders who cannot lead.
Speaking of leadership, another brand of leaders (Nepal’s political pundits) legitimized the 12 Point Agreement in the following terms: A means to salvation for a terrorist organization, desperately trying to reform itself and wholeheartedly prepared to embrace the democratic mainstream. Such pundits claimed an alliance between Nepal’s legitimate political parties (imperfect as they still are) and the Maoists was necessary to overthrow an ambitious king and to mainstream the violent Maoists. Where are these pundits today and why do they shy away from criticizing the Maoists where criticism is long overdue? Is it these pundits' opinion that the Maoists are democratized?
The problem is that Nepal’s political pundits have a vested bias. They are on record for making claims that will never materialize and instead of modifying their visions to match ground realities, they continue to wish their way into irrelevance.
For example, such pundits are completely incapable of envisioning a return to war. However, an objective view of the current circumstances (for the Maoists) includes the following: The Maoist leadership has been living in opulence for over a year while their fighting core haven’t received funds disbursed by the Nepali government (to Krishna Bahadur Mahara). The Nepali Government in turn, has seen no receipts to account for these disbursed funds. Cantoned Maoist combatants still live in make-shift huts although the funds to build infrastructure have already been disbursed to Hisila Yami. Once again, there is no paper trail on where Nepali tax payers' monies have have been put to use.
Further, the Maoists thought they could continue their campaign of intimidation in the Terai (after joining the peace process) but faced a rude awakening in Gaur. Truth be told, the Maoists' fought a war for 10 long years and have nothing to show for it – even if Nepal was declared a republic tomorrow, the Maoists would still take a serious "beating" at the polls. So why would the Maoists opt for elections over continuing the status quo interim government and why should the prospects of war seem unapplealing for a Maoist cadre-base that has thrived on anarchy for as far back as their memory serves them?
Political observers are miscalculating the Maoist mood by interacting exclusively at Pushpa Dahal, Krishna Mahara and Baburam Bhattarai's level. People need to wake up to the reality that rebellion, revolution and revolt (not peace, compromise and settlement) are the predominant values ingrained in Maoist DNA. These values are the antitheses of democratic principles like rule of law, justice, peaceful protest and the right to private property. These two sets of values are irreconcilable and in the face of adversity, become even more accentuated.
The Maoists have begun their final assault on the Nepali state. Every one of their 22 preconditions is a direct challenge to Nepal’s peace process. Their veiled public threats combined with UNMIN’s ineffective arms monitoring, represents a tangible risk. The fact that the Maoists’ hold the keys to their own armories (and have continued to train and recruit new combatants while slipping seasoned combatants into urban centers), represents another real risk. Add to this the fact that the Nepalese Army’s state of operational readiness is zilch and one may conclude that Nepal’s situation spells “clear and present danger.”
The question is, what are Nepal’s political pundits going to do to meet the Maoist challenge?
Related Posts:
The Idiot’s Guide to the Maoist Playbook
http://nepaliperspectives.blogspot.com/2007/01/idiots-guide-to-maoist-playbook.html
Nepal Government "Pays" Maoists for Peace
http://nepaliperspectives.blogspot.com/2007/06/nepal-government-pays-maoists-for-peace.html
The Mysterious "Environment" and the Bogey of Elections
http://nepaliperspectives.blogspot.com/2007/06/mysterious-environment-and-bogey-of.html
Lack of Law & Order in Nepal, Primarily a Maoist-Originated Problem
http://nepaliperspectives.blogspot.com/2007/07/lack-of-law-order-in-nepal-primarily.html
The Utility of a Professional Nepalese Army
http://nepaliperspectives.blogspot.com/2007/07/utility-of-professional-nepalese-army.html
Monday, August 20, 2007
Girija's Grand Design
(Courtesy: Siddhartha Thapa)
After the successful culmination of Jana-Andolan II, Nepal has transcended from one authoritarian regime to another. Although the Jana-Andolan has brought about a positive political change, our leaders have failed to adhere to the values of a 'New Nepal'. At this point in time, the predicament surrounding the possibility of elections in November has triggered wide-spread debate. However, given the prevailing state of lawlessness in the country, elections are impossible. But that does not give any space for the EPA leadership to convene the present parliament into a Constituent Assembly.
While the international community and the general populace have been assured that the elections will be held this November, Machiavellian political pundits in Baluwatar are busy chalking alternatives to the polls. Out of the many designs in the grand scheme being planned, the first is to convene the present parliament into a Constituent Assembly. Except for the UML, two of the other major players, Girija and Prachanda have reached a conclusion to translate the present parliament into Constituent Assembly.
Second, the Prime Minister is all set to become the first President of Nepal, a la Nelson Mandela. The Maoists have convinced Koirala to make history by taking the top job of Presidency as soon as possible. Therefore, the latest move by Koirala to prompt "The Baby King Theory" is because the Koiralas in Baluwatar and the Maoists speculate that the King might not abdicate in favor of Prince Hridendra because the government will not be in a position to guarantee the Baby Prince's succession to the throne. Gyanendra's insecurities will be capitalized upon by these forces as 'non-cooperation' and will serve to pave the way for an immediate declaration of a Republic.
Shekar, the Prime Minister's nephew is being perceived as the heir apparent to the Koirala family. Sujata has been sidelined, while Shashank has remained aloof from politics. Taking advantage of the feud within the Koirala family, the Maoists have quite cleverly given the illusion to Shekar that the Koirala family is very much a dynastic component of the institution of democracy in Nepal. And as a consequence, after Girija Babu, the Maoists will wholeheartedly support Shekar for this top post. Perhaps this is why Shekar has been backing the Maoists in an effort to consolidate his place as the future politico of the Koirala family.
Last but not the least, the Home Minister's role remains controversial. It has come to notice that the Home Minister has forcibly manipulated reports prepared by the Home Ministry and the Intelligence Department to falsely charge perceived political opponents. KP Sitaula remains busy pocketing hefty commissions. What is alarming is the fact that when the Maoists captured former PM SB Thapa's land in Dhankuta, it was Sitaula who urged the Maoist on in a bid to demoralize Thapa.
Similarly, the bashing of UML cadres in Jhapa, Sitaula's constituency, by YCL cadres in the past clearly suggests that the Home Minister is working in tandem with the Maoists and vice-versa. If not, why didn't the State take action against YCL? Repeated bashing of UML, NC, NC-D,RJP and RPP cadres by the YCL raises questions as to why only those individuals who failed to toe both Sitaula's and the Maoists' line of thought, have received physical and mental assaults.
In yet another shocking revelation, increasing Maoist atrocities were in fact planned to derail the elections in November, so as to convene the parliament into a Constituent Assembly. The master planners remain Sitaula and Shekar - the Prime Minister is well in tune with their game plan. So, is this Girija's grand design?
If the politicians in Baluwatar are planning to convene the present parliament into a Constituent Assembly, ironically the same people are still adamant about holding polls this November. However, it now becomes essential to ask what might have prompted Koirala to explore the possibilities of translating the present parliament into a Constituent Assembly.
Initially after assuming the responsibility of a Prime Minister, Koirala had genuinely believed that it was possible to solve all issues through the peace process and conduct elections that would provide a lasting solution to Nepal's problems. Unfortunately, Koirala's policy to appease the Maoists and to humiliate UML and NC-D has backfired. Today, the Maoist operate as an "extra-constitutional force" and the government still has not been able to generate adequate political will to contain the Maoists within the realm of the constitution. Therefore, the greatest obstacles to the elections in November are the Maoists who have consistently breached the Comprehensive Peace Agreement.
Nonetheless, the most important facet that can help describe Koirala's intention to convene the present parliament into a Constituent Assembly is purely for his political security. Today, almost over a year after the reinstatement of a multi-party government, the Koirala government's survival is being questioned from all quarters including his EPA allies. Perhaps Koirala had genuinely believed in the Baby King theory and perhaps he actually thought elections could be held. However, the law and order situation has taken a nosedive and the environment is anti-current for elections as long as the Prime Minister fails to generate political will. Therefore, as a consequence Koirala might have been made to believe that in order to secure his political survival - Koirala has to reconcile with the idea of convening the present parliament into Constituent Assembly if conducting elections in November is a distant reality.
Related Posts:
Second Amendment to Nepal's Interim Constitution - No Cause for Maoist Joy
http://nepaliperspectives.blogspot.com/2007/06/second-amendment-to-nepals-interim.html
Nepal Government "Pays" Maoists for Peace
http://nepaliperspectives.blogspot.com/2007/06/nepal-government-pays-maoists-for-peace.html
The Koiralas’ Crown Compulsions
http://nepaliperspectives.blogspot.com/2007/05/nepal-koiralas-crown-compulsions.html
Nepal's Struggle with Feudalism and Fatalism - Moriarty, Martin and Manmohan as "Gods"
http://nepaliperspectives.blogspot.com/2007/05/nepals-struggle-with-feudalism-and.html
Bahunists and Bahunism - A mini-Dissertation on the Caretakers of Nepal's Feudal Tradition
http://nepaliperspectives.blogspot.com/2007/03/bahunists-and-bahunism-mini.html
After the successful culmination of Jana-Andolan II, Nepal has transcended from one authoritarian regime to another. Although the Jana-Andolan has brought about a positive political change, our leaders have failed to adhere to the values of a 'New Nepal'. At this point in time, the predicament surrounding the possibility of elections in November has triggered wide-spread debate. However, given the prevailing state of lawlessness in the country, elections are impossible. But that does not give any space for the EPA leadership to convene the present parliament into a Constituent Assembly.
While the international community and the general populace have been assured that the elections will be held this November, Machiavellian political pundits in Baluwatar are busy chalking alternatives to the polls. Out of the many designs in the grand scheme being planned, the first is to convene the present parliament into a Constituent Assembly. Except for the UML, two of the other major players, Girija and Prachanda have reached a conclusion to translate the present parliament into Constituent Assembly.
Second, the Prime Minister is all set to become the first President of Nepal, a la Nelson Mandela. The Maoists have convinced Koirala to make history by taking the top job of Presidency as soon as possible. Therefore, the latest move by Koirala to prompt "The Baby King Theory" is because the Koiralas in Baluwatar and the Maoists speculate that the King might not abdicate in favor of Prince Hridendra because the government will not be in a position to guarantee the Baby Prince's succession to the throne. Gyanendra's insecurities will be capitalized upon by these forces as 'non-cooperation' and will serve to pave the way for an immediate declaration of a Republic.
Shekar, the Prime Minister's nephew is being perceived as the heir apparent to the Koirala family. Sujata has been sidelined, while Shashank has remained aloof from politics. Taking advantage of the feud within the Koirala family, the Maoists have quite cleverly given the illusion to Shekar that the Koirala family is very much a dynastic component of the institution of democracy in Nepal. And as a consequence, after Girija Babu, the Maoists will wholeheartedly support Shekar for this top post. Perhaps this is why Shekar has been backing the Maoists in an effort to consolidate his place as the future politico of the Koirala family.
Last but not the least, the Home Minister's role remains controversial. It has come to notice that the Home Minister has forcibly manipulated reports prepared by the Home Ministry and the Intelligence Department to falsely charge perceived political opponents. KP Sitaula remains busy pocketing hefty commissions. What is alarming is the fact that when the Maoists captured former PM SB Thapa's land in Dhankuta, it was Sitaula who urged the Maoist on in a bid to demoralize Thapa.
Similarly, the bashing of UML cadres in Jhapa, Sitaula's constituency, by YCL cadres in the past clearly suggests that the Home Minister is working in tandem with the Maoists and vice-versa. If not, why didn't the State take action against YCL? Repeated bashing of UML, NC, NC-D,RJP and RPP cadres by the YCL raises questions as to why only those individuals who failed to toe both Sitaula's and the Maoists' line of thought, have received physical and mental assaults.
In yet another shocking revelation, increasing Maoist atrocities were in fact planned to derail the elections in November, so as to convene the parliament into a Constituent Assembly. The master planners remain Sitaula and Shekar - the Prime Minister is well in tune with their game plan. So, is this Girija's grand design?
If the politicians in Baluwatar are planning to convene the present parliament into a Constituent Assembly, ironically the same people are still adamant about holding polls this November. However, it now becomes essential to ask what might have prompted Koirala to explore the possibilities of translating the present parliament into a Constituent Assembly.
Initially after assuming the responsibility of a Prime Minister, Koirala had genuinely believed that it was possible to solve all issues through the peace process and conduct elections that would provide a lasting solution to Nepal's problems. Unfortunately, Koirala's policy to appease the Maoists and to humiliate UML and NC-D has backfired. Today, the Maoist operate as an "extra-constitutional force" and the government still has not been able to generate adequate political will to contain the Maoists within the realm of the constitution. Therefore, the greatest obstacles to the elections in November are the Maoists who have consistently breached the Comprehensive Peace Agreement.
Nonetheless, the most important facet that can help describe Koirala's intention to convene the present parliament into a Constituent Assembly is purely for his political security. Today, almost over a year after the reinstatement of a multi-party government, the Koirala government's survival is being questioned from all quarters including his EPA allies. Perhaps Koirala had genuinely believed in the Baby King theory and perhaps he actually thought elections could be held. However, the law and order situation has taken a nosedive and the environment is anti-current for elections as long as the Prime Minister fails to generate political will. Therefore, as a consequence Koirala might have been made to believe that in order to secure his political survival - Koirala has to reconcile with the idea of convening the present parliament into Constituent Assembly if conducting elections in November is a distant reality.
Related Posts:
Second Amendment to Nepal's Interim Constitution - No Cause for Maoist Joy
http://nepaliperspectives.blogspot.com/2007/06/second-amendment-to-nepals-interim.html
Nepal Government "Pays" Maoists for Peace
http://nepaliperspectives.blogspot.com/2007/06/nepal-government-pays-maoists-for-peace.html
The Koiralas’ Crown Compulsions
http://nepaliperspectives.blogspot.com/2007/05/nepal-koiralas-crown-compulsions.html
Nepal's Struggle with Feudalism and Fatalism - Moriarty, Martin and Manmohan as "Gods"
http://nepaliperspectives.blogspot.com/2007/05/nepals-struggle-with-feudalism-and.html
Bahunists and Bahunism - A mini-Dissertation on the Caretakers of Nepal's Feudal Tradition
http://nepaliperspectives.blogspot.com/2007/03/bahunists-and-bahunism-mini.html
Denial of Justice
(Courtesy: Prakash Gnyawali and Dipendra Jha)
Justice evokes powerful images of setting things right, creating equal opportunities, rectifying the wrongs and restitution. Without justice, wounds from past conflict cannot be healed and they continue to fester. It also represents the search for individual and group rights for social restructuring and restitution which is inter-linked with peace at large.
Justice encourages applying the principles of prosecution. Crime deserves punishment whatever the nature of offence may be. But the government authorities have been denying receiving complaints from victim's families in various districts. One of the examples can be taken from Kavre district. A month back, the District Police Office (DPO) of Kavre refused to file a complaint against Maoists who allegedly killed 48-year-old Arjun Lama of Chhatrebanjh VDC-5. He was killed after abduction on 29 April 2005 . An urgent appeal issued by the Asian Human Rights Commission (AHRC) on 13 July 2007 states that his wife Purnamaya had tried to register a First Information Report (FIR) at the DPO on 28 June and again on 5 July, but the DPO refused to register them. Then on 8 July, the District Administration Office (DAO) endorsed the FIR but handed over a letter to Purnamaya stating that the was no proof on details of the incident and such case can be investigated under the Article 33 of the Interim Constitution, 2007 that provisions for an establishment of Truth and Reconciliation Commission (TRC).
This incident has signified a total absence of justice mechanism in the country, which is undergoing transition to "democratic governance and peace". In this context, justice has been missed from each and every angle of the process. How the government authorities have given up their obligations, instead of ensuring justice to the victims, is a matter of serious concern at this stage. The above case has clearly given a message that the state authorities are unwilling to fulfil their obligations under the internationally recognized principles of human rights and the rule of law. Justice has been largely denied to the victims of past human rights abuses, which may lead to a situation where those groups eventually become more frustrated and develop hatred towards the state mechanisms.
The most serious aspect of the above case is that the DAO clearly instructed the police authorities not to accept the case providing a logic that the Interim Constitution, 2007 has a provision of constituting a high-level TRC to investigate the facts regarding grave violation of human rights and crimes against humanity committed during the course of conflict and create an atmosphere of reconciliation in the society. What is the relation between the TRC, which is yet to be set up, and registration of the complaint against a case of grave human rights violation that constitutes an abduction and later murder? Why did the DAO sideline the FIR by referring the constitutional provision of establishing a TRC and diminished the possibility of having the case endorsed for police investigation process towards seeking truth and justice? Does the reference of a future TRC really matter to the victims who have been seeking justice for years? It has already been two years that the family of Purnamaya has been languishing for a proper investigation of the killing of their dearest.
Justice requires due process of law to bring the worst offenders to justice, which guarantees the non-repetition of such crimes. Concerning the case of Kavre , the AHRC's urgent appeal has stated that the case is not the first incident where the Nepalese Police have been reluctant to file an FIR and thereby obstruct proper investigation into a case. The relevant police officials have violated their duty to be responsible for cases presented to them and carry out immediate, effective and impartial investigations. Although the decision to form TRC is a step in the right direction, it is yet to be formed and it cannot be used as a loophole and an excuse for unresponsive police officials who refuse to investigate certain cases. Recent draft bill on TRC has further jeopardised the issue of ensuring justice in Nepal in the days to come. The TRC seems, as proposed in the bill, to be a commission for providing amnesty to perpetrators which would certainly ignore victims' rights.
The rejection to file the case was because the allegations were made against Maoist central member Agni Sapkota, the then district secretary Suryaman Dong, among others, claiming that they were involved in the killing of Lama. The kin of Lama have claimed that he was killed after three months of his abduction and buried in the field of a local peasant. Rejection of registering the complaint by the DAO has significantly reflected the political dimension of the transition in Nepal , which has been largely ignoring the issues of justice. The above case exposes the general intention of Nepal 's political parties, the Maoists and complete lose of confidence among the authorities. High level of fear from Maoists and largely ignored voices of the victims of human rights abuses are the basic characteristics of the present rule, which needs a drastic reform to ensure that the cases are dealt with due process of law allowing the victims their basic rights to have access to justice. Creating a sense of confidence among security agencies and judicial as well as quasi-judicial bodies of the state is another aspect that needs to be addressed at the soonest.
There is no attempt to integrate justice mechanisms into the political agenda of the peace process in Nepal . Since the perpetrators have been rewarded and are still holding public offices, the peace process and justice efforts have proceeded largely on separate tracks despite vigorous efforts by civil society to bring them together. This raises issues related to the credibility of both the political leadership and their commitment to ensure justice and end impunity.
In a situation where all the political parties and other stakeholders have been reiterating their commitment to "New Nepal", the serious concerns of victims of human rights abuses and their initiatives to seek justice have to be duly respected at all levels. Otherwise, it will trigger long-term problem.
Why the DAO, in the particular case, referred to proposed TRC to side-step the victims' concern is another issue that needs to be studied. It shows that the government authorities are trained under a concept that the establishment of TRC is not to allow people and in particular the victims to have access to justice. Is it the intention? Is there a political motive behind establishing the TRC in Nepal ? How come the DAO, as a local administrative body, interpret the mandate of a mechanism which is yet to be established, and does not entertain the complaints from the victims?
It is noteworthy that the Maoists are now part of the state and the state has primary responsibility of ensuring peace, security and justice to its citizens. Establishment of these three pillars of democracy is difficult if the state fails to take actions against the wrongs of the past, including the brutal killings of the people during the armed conflict. It is also equally important to fulfil the primary obligation of the state, specifically by the government and its line agencies, to investigate those cases of human rights abuses and bring the perpetrators to justice; and provide victims with proper reparations and the perpetrators with no excuse unless the victims are agreed upon. International human rights instruments have provisions that justice should not be ignored by any state party. Being a party to a number of international instruments, the Government of Nepal must be convinced of those obligations and act upon accordingly. The practice, however, explicitly exemplifies that the government has been intentionally causing a failure of state mechanisms in providing justice to its citizens.
One of the morally binding principles set by the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by the UN General Assembly resolution 40/34 of 20 November 1985 states that the victims are entitled to access to the mechanisms of justice and to prompt redress. Judicial and administrative mechanisms should be established and strengthened where necessary to enable victims to obtain redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible. Victims should be informed of their rights in seeking redress through such mechanisms. It is sad to note that the authorities in Nepal have largely ignored these principles and values while dealing with the victims and their families.
The authorities, if they respect the rights and dignity of victims, should provide proper assistance to victims throughout the legal process and avoid unnecessary delay in the disposition of cases and the execution of orders or decrees granting awards to victims as stipulated in the Declaration of 1985. But, the reality in our context is characterized by a reversal of these standards. How we head towards a state of justice largely depends upon the level of transformation in the practice of state institutions in dealing with such cases.
Related Posts:
Youth Violence in Post-conflict Scenario
http://nepaliperspectives.blogspot.com/2007/07/courtesy-suvechha-adhikari-dipendra.html
April's Sizzle and February's Chill in Kathmandu
http://nepaliperspectives.blogspot.com/2007/06/aprils-sizzle-and-februarys-chill-in.html
The Forces that Undermine Law & Order in Nepal (and Suggestions on how to Minimize them)
http://nepaliperspectives.blogspot.com/2007/06/forces-that-undermine-law-order-in.html
Young, Confused and Lost (YCL) – The Hammer of the Maoist “Party” of Nepal
http://nepaliperspectives.blogspot.com/2007/05/young-confused-and-lost-ycl-hammer-of.html
Justice evokes powerful images of setting things right, creating equal opportunities, rectifying the wrongs and restitution. Without justice, wounds from past conflict cannot be healed and they continue to fester. It also represents the search for individual and group rights for social restructuring and restitution which is inter-linked with peace at large.
Justice encourages applying the principles of prosecution. Crime deserves punishment whatever the nature of offence may be. But the government authorities have been denying receiving complaints from victim's families in various districts. One of the examples can be taken from Kavre district. A month back, the District Police Office (DPO) of Kavre refused to file a complaint against Maoists who allegedly killed 48-year-old Arjun Lama of Chhatrebanjh VDC-5. He was killed after abduction on 29 April 2005 . An urgent appeal issued by the Asian Human Rights Commission (AHRC) on 13 July 2007 states that his wife Purnamaya had tried to register a First Information Report (FIR) at the DPO on 28 June and again on 5 July, but the DPO refused to register them. Then on 8 July, the District Administration Office (DAO) endorsed the FIR but handed over a letter to Purnamaya stating that the was no proof on details of the incident and such case can be investigated under the Article 33 of the Interim Constitution, 2007 that provisions for an establishment of Truth and Reconciliation Commission (TRC).
This incident has signified a total absence of justice mechanism in the country, which is undergoing transition to "democratic governance and peace". In this context, justice has been missed from each and every angle of the process. How the government authorities have given up their obligations, instead of ensuring justice to the victims, is a matter of serious concern at this stage. The above case has clearly given a message that the state authorities are unwilling to fulfil their obligations under the internationally recognized principles of human rights and the rule of law. Justice has been largely denied to the victims of past human rights abuses, which may lead to a situation where those groups eventually become more frustrated and develop hatred towards the state mechanisms.
The most serious aspect of the above case is that the DAO clearly instructed the police authorities not to accept the case providing a logic that the Interim Constitution, 2007 has a provision of constituting a high-level TRC to investigate the facts regarding grave violation of human rights and crimes against humanity committed during the course of conflict and create an atmosphere of reconciliation in the society. What is the relation between the TRC, which is yet to be set up, and registration of the complaint against a case of grave human rights violation that constitutes an abduction and later murder? Why did the DAO sideline the FIR by referring the constitutional provision of establishing a TRC and diminished the possibility of having the case endorsed for police investigation process towards seeking truth and justice? Does the reference of a future TRC really matter to the victims who have been seeking justice for years? It has already been two years that the family of Purnamaya has been languishing for a proper investigation of the killing of their dearest.
Justice requires due process of law to bring the worst offenders to justice, which guarantees the non-repetition of such crimes. Concerning the case of Kavre , the AHRC's urgent appeal has stated that the case is not the first incident where the Nepalese Police have been reluctant to file an FIR and thereby obstruct proper investigation into a case. The relevant police officials have violated their duty to be responsible for cases presented to them and carry out immediate, effective and impartial investigations. Although the decision to form TRC is a step in the right direction, it is yet to be formed and it cannot be used as a loophole and an excuse for unresponsive police officials who refuse to investigate certain cases. Recent draft bill on TRC has further jeopardised the issue of ensuring justice in Nepal in the days to come. The TRC seems, as proposed in the bill, to be a commission for providing amnesty to perpetrators which would certainly ignore victims' rights.
The rejection to file the case was because the allegations were made against Maoist central member Agni Sapkota, the then district secretary Suryaman Dong, among others, claiming that they were involved in the killing of Lama. The kin of Lama have claimed that he was killed after three months of his abduction and buried in the field of a local peasant. Rejection of registering the complaint by the DAO has significantly reflected the political dimension of the transition in Nepal , which has been largely ignoring the issues of justice. The above case exposes the general intention of Nepal 's political parties, the Maoists and complete lose of confidence among the authorities. High level of fear from Maoists and largely ignored voices of the victims of human rights abuses are the basic characteristics of the present rule, which needs a drastic reform to ensure that the cases are dealt with due process of law allowing the victims their basic rights to have access to justice. Creating a sense of confidence among security agencies and judicial as well as quasi-judicial bodies of the state is another aspect that needs to be addressed at the soonest.
There is no attempt to integrate justice mechanisms into the political agenda of the peace process in Nepal . Since the perpetrators have been rewarded and are still holding public offices, the peace process and justice efforts have proceeded largely on separate tracks despite vigorous efforts by civil society to bring them together. This raises issues related to the credibility of both the political leadership and their commitment to ensure justice and end impunity.
In a situation where all the political parties and other stakeholders have been reiterating their commitment to "New Nepal", the serious concerns of victims of human rights abuses and their initiatives to seek justice have to be duly respected at all levels. Otherwise, it will trigger long-term problem.
Why the DAO, in the particular case, referred to proposed TRC to side-step the victims' concern is another issue that needs to be studied. It shows that the government authorities are trained under a concept that the establishment of TRC is not to allow people and in particular the victims to have access to justice. Is it the intention? Is there a political motive behind establishing the TRC in Nepal ? How come the DAO, as a local administrative body, interpret the mandate of a mechanism which is yet to be established, and does not entertain the complaints from the victims?
It is noteworthy that the Maoists are now part of the state and the state has primary responsibility of ensuring peace, security and justice to its citizens. Establishment of these three pillars of democracy is difficult if the state fails to take actions against the wrongs of the past, including the brutal killings of the people during the armed conflict. It is also equally important to fulfil the primary obligation of the state, specifically by the government and its line agencies, to investigate those cases of human rights abuses and bring the perpetrators to justice; and provide victims with proper reparations and the perpetrators with no excuse unless the victims are agreed upon. International human rights instruments have provisions that justice should not be ignored by any state party. Being a party to a number of international instruments, the Government of Nepal must be convinced of those obligations and act upon accordingly. The practice, however, explicitly exemplifies that the government has been intentionally causing a failure of state mechanisms in providing justice to its citizens.
One of the morally binding principles set by the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by the UN General Assembly resolution 40/34 of 20 November 1985 states that the victims are entitled to access to the mechanisms of justice and to prompt redress. Judicial and administrative mechanisms should be established and strengthened where necessary to enable victims to obtain redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible. Victims should be informed of their rights in seeking redress through such mechanisms. It is sad to note that the authorities in Nepal have largely ignored these principles and values while dealing with the victims and their families.
The authorities, if they respect the rights and dignity of victims, should provide proper assistance to victims throughout the legal process and avoid unnecessary delay in the disposition of cases and the execution of orders or decrees granting awards to victims as stipulated in the Declaration of 1985. But, the reality in our context is characterized by a reversal of these standards. How we head towards a state of justice largely depends upon the level of transformation in the practice of state institutions in dealing with such cases.
Related Posts:
Youth Violence in Post-conflict Scenario
http://nepaliperspectives.blogspot.com/2007/07/courtesy-suvechha-adhikari-dipendra.html
April's Sizzle and February's Chill in Kathmandu
http://nepaliperspectives.blogspot.com/2007/06/aprils-sizzle-and-februarys-chill-in.html
The Forces that Undermine Law & Order in Nepal (and Suggestions on how to Minimize them)
http://nepaliperspectives.blogspot.com/2007/06/forces-that-undermine-law-order-in.html
Young, Confused and Lost (YCL) – The Hammer of the Maoist “Party” of Nepal
http://nepaliperspectives.blogspot.com/2007/05/young-confused-and-lost-ycl-hammer-of.html
Friday, August 17, 2007
Ordinary Nepali Realities vs. Extraordinary Nepali Dreams
(Courtesy: el Mariachi)
If it's one characteristic that distinguishes Nepal's intellectual elite, it's their unlimited capacity to back-slap, laud and congratulate each other at every possible opportunity. Such appetite for collective aggrandisement, glorification and haughtiness is matched only by this group's inability to self-reflect, revise and adapt its grandiose claims in favour of reality. A result of this narcissistic trend is a gaping chasm between the distorted, elitist perception of a "new Nepal" and the harsh reality that ordinary Nepalis confront every day.
When approached, the usual suspects invariably default to their mundane responses: "Democracy is a process" or "Nepal is in a transition period." The self-righteous certitude with which such justifications are banally regurgitated is nauseating. The idea of fellow countrymen transformed into experimental guinea pigs for political scientists and international "experts", is revolting.
Further, as broad a stroke as these clichéd responses paint, they still fall short of addressing more pertinent questions like "what is it about Nepali society that transforms ordinary citizens into money-mongering politicians?" or "why do Nepali elites shy away from discussing the obvious dominance of a certain caste group within the halls of state power?"
The point being made here is that it is not the certainty of democracy as a process or of Nepal passing through a transitory period that should be challenged. Rather, it is the collective decision-making capacity of Nepal's elite minority that is due for a microscopic examination. In other words, it is the continued tyranny of this elite minority over the rule of Nepal's majority that calls into question both the progression of Nepal's democracy and the characteristics that govern Nepal's so-called transition.
The truth is, Nepal has transformed into the ultimate experimental playground for academics and an unlimited source of income for employees of large, international non-governmental organizations. Today, Nepal is a state on the verge of self-propelled implosion - a country with a sufficiently weakened state structure, malleable to the whims and fancies of any interest group (internal or external or “exported”), that hints at even negligible power.
For example, Nepal is a country where former US President Jimmy Carter is bestowed celebrity status while those inside Carter's own circle, distance themselves from this former American President. Has any Nepali journalist followed up with the Carter Centre to inquire if Carter’s report to the White House (urging the US government to remove the terrorist tag on the Nepali Maoists) ever reached its destination?
How radically changed is the Young Communist League's (YCL) behaviour after Carter's measured criticisms? The only American dignitary (almost) to shake hands with Nepal’s Maoists is a man whose presidential tenure is most closely associated with the disastrous Iranian hostage crisis. Coincidentally, Jimmy Carter shook hands with Nepal’s Maoist leaders who according to the accounts of many members of the interim parliament, continue to hold the Nepali state hostage (to the on-going peace process).
Nepal’s elite may like to paint a different portrait, but the reality is that shaking hands with Jimmy Carter has not made our Maoists one bit more democratic.
Consider another elite intellectual fantasy – that Girija Prasad Koirala is the answer to Nepal’s version of caste-based Apartheid. Given Koirala’s highly controversial politics, how many Nepalis hold the current Prime Minister on the same pedestal that Jimmy Carter fabricated? It has to be difficult for ordinary, non-"intellectual," non-elite Nepalis to reconcile Carter’s view of Girija as a “hero” with the number of special court rulings that continue to exonerate notoriously corrupt figures like Jaya Prakash Gupta, Chirabjibi Wagle and a handful of Sujata Koirala's business affiliates.
These "special" courts (appointed under the interim government) have definitely passed "special" verdicts under meticulously timed "special" circumstances. And yet, neither Nepal's elite Civil Society, nor its elite media, questions the authenticity or motivations underlying special court verdicts. It is indeed challenging, to view Nepal’s self-proclaimed protectors of human rights and civil liberties with any measure of genuine conviction when their affinities and partial views are so apparent.
Old habits die hard so the saying goes and where the nexus between Nepal's political elite and their helmsmen (the civil society and media elite) is concerned, it’s business as usual.
Now consider the famously touted US HOR, Resolution 1051. Is the mere fact that Congressman James Walsh sponsored this resolution a sufficient condition to aid Nepal's transition? Every single article in Resolution 1051 has been violated by either the Maoists or the State and yet, no sign of a follow-on resolution condemning such violations is in the works. Whoever aided in getting Resolution 1051 sponsored (and passed) is likely still bathing in the glory of his/her/their "accomplishment" while those who read and spat on the resolution are still committing acts that contravene the Comprehensive Peace Agreement.
Nor is any word forthcoming these days from the office of Senator Patrick Leahy or his trusty Aide. The only thing related to Human Rights that has been dissipated are dogmatic speeches from Senator Leahy’s office while regrettably, rights violations in Nepal(by any measure), continue unchallenged. Criticisms and expressions of “concern” from international actors have always fallen (and will likely continue to fall) on the deaf ears of the Maoist rank and file.
Teenage political gangs rampage on the streets of Kathmandu attacking and counter-attacking each other; media houses are threatened daily while a Maoist presides over the Information Ministry; the YCL wreaks havoc on the streets of every major town and village in Nepal; innumerable lives have been lost due to flooding caused by barrages erected on Indian land; and Nepal’s intellectual elite are nowhere to be heard. Even Mr. Krishna Pahadi with his trademark fluorescent (look at me!) costume, hasn’t made the headlines in months!
The reality of the “new Nepal” is that it is still very much like the old Nepal. It is business as usual for Nepal’s self-proclaimed elite, especially now that their agents of corruption are free once more. Were it not for the Indian hand having been exposed and dragged into Nepal’s Maoist mess, nothing short of a flawless election would have sufficed. But now, with even the head of the UN mission taking direct orders from New Delhi, the Nepali elites’ focus is on holding elections no matter the cost or the odds of Nepal’s electoral process being either free or fair.
Truth be told, elections in November 2007 will be a replica of attempted elections under the King’s regime – everyone has learned how to get what they want from the shining example our Maoists have set. Ordinary Nepalis know where their country is headed; it’s only the extraordinary Nepalis who remain wed to their illusory charade of unbounded optimism. And without a doubt, it is be this very group of self-proclaimed elites who will take it upon themselves to criticize this writing and by doing so, will demonstrate their narcissism all over again!
Related Posts:
US House of Representatives, Resolution 1051 – In Support of Peace and Democracy in Nepal
http://nepaliperspectives.blogspot.com/2006/12/us-house-of-representatives-resolution.html
Thank You Daniela - But Nepal is Already on "Plan B" http://nepaliperspectives.blogspot.com/2007/05/thank-you-daniela-but-nepal-is-already.html
History, Farce, and Tragedy in Nepal http://nepaliperspectives.blogspot.com/2007/02/history-farce-and-tragedy-in-nepal.html
Surreal Politics - How Nepal’s Intellectual / Political Class, Continue to Look the Other Way…
http://nepaliperspectives.blogspot.com/2007/01/surreal-politics-how-nepals.html
Perpetual Denial – The State of Nepal’s Intellectual Class
http://nepaliperspectives.blogspot.com/2006/11/perpetual-denial-state-of-nepals.html
Life is Good When You Are a Nepali Intellectual Elite
http://nepaliperspectives.blogspot.com/2007/06/life-is-good-when-you-are-nepali.html
If it's one characteristic that distinguishes Nepal's intellectual elite, it's their unlimited capacity to back-slap, laud and congratulate each other at every possible opportunity. Such appetite for collective aggrandisement, glorification and haughtiness is matched only by this group's inability to self-reflect, revise and adapt its grandiose claims in favour of reality. A result of this narcissistic trend is a gaping chasm between the distorted, elitist perception of a "new Nepal" and the harsh reality that ordinary Nepalis confront every day.
When approached, the usual suspects invariably default to their mundane responses: "Democracy is a process" or "Nepal is in a transition period." The self-righteous certitude with which such justifications are banally regurgitated is nauseating. The idea of fellow countrymen transformed into experimental guinea pigs for political scientists and international "experts", is revolting.
Further, as broad a stroke as these clichéd responses paint, they still fall short of addressing more pertinent questions like "what is it about Nepali society that transforms ordinary citizens into money-mongering politicians?" or "why do Nepali elites shy away from discussing the obvious dominance of a certain caste group within the halls of state power?"
The point being made here is that it is not the certainty of democracy as a process or of Nepal passing through a transitory period that should be challenged. Rather, it is the collective decision-making capacity of Nepal's elite minority that is due for a microscopic examination. In other words, it is the continued tyranny of this elite minority over the rule of Nepal's majority that calls into question both the progression of Nepal's democracy and the characteristics that govern Nepal's so-called transition.
The truth is, Nepal has transformed into the ultimate experimental playground for academics and an unlimited source of income for employees of large, international non-governmental organizations. Today, Nepal is a state on the verge of self-propelled implosion - a country with a sufficiently weakened state structure, malleable to the whims and fancies of any interest group (internal or external or “exported”), that hints at even negligible power.
For example, Nepal is a country where former US President Jimmy Carter is bestowed celebrity status while those inside Carter's own circle, distance themselves from this former American President. Has any Nepali journalist followed up with the Carter Centre to inquire if Carter’s report to the White House (urging the US government to remove the terrorist tag on the Nepali Maoists) ever reached its destination?
How radically changed is the Young Communist League's (YCL) behaviour after Carter's measured criticisms? The only American dignitary (almost) to shake hands with Nepal’s Maoists is a man whose presidential tenure is most closely associated with the disastrous Iranian hostage crisis. Coincidentally, Jimmy Carter shook hands with Nepal’s Maoist leaders who according to the accounts of many members of the interim parliament, continue to hold the Nepali state hostage (to the on-going peace process).
Nepal’s elite may like to paint a different portrait, but the reality is that shaking hands with Jimmy Carter has not made our Maoists one bit more democratic.
Consider another elite intellectual fantasy – that Girija Prasad Koirala is the answer to Nepal’s version of caste-based Apartheid. Given Koirala’s highly controversial politics, how many Nepalis hold the current Prime Minister on the same pedestal that Jimmy Carter fabricated? It has to be difficult for ordinary, non-"intellectual," non-elite Nepalis to reconcile Carter’s view of Girija as a “hero” with the number of special court rulings that continue to exonerate notoriously corrupt figures like Jaya Prakash Gupta, Chirabjibi Wagle and a handful of Sujata Koirala's business affiliates.
These "special" courts (appointed under the interim government) have definitely passed "special" verdicts under meticulously timed "special" circumstances. And yet, neither Nepal's elite Civil Society, nor its elite media, questions the authenticity or motivations underlying special court verdicts. It is indeed challenging, to view Nepal’s self-proclaimed protectors of human rights and civil liberties with any measure of genuine conviction when their affinities and partial views are so apparent.
Old habits die hard so the saying goes and where the nexus between Nepal's political elite and their helmsmen (the civil society and media elite) is concerned, it’s business as usual.
Now consider the famously touted US HOR, Resolution 1051. Is the mere fact that Congressman James Walsh sponsored this resolution a sufficient condition to aid Nepal's transition? Every single article in Resolution 1051 has been violated by either the Maoists or the State and yet, no sign of a follow-on resolution condemning such violations is in the works. Whoever aided in getting Resolution 1051 sponsored (and passed) is likely still bathing in the glory of his/her/their "accomplishment" while those who read and spat on the resolution are still committing acts that contravene the Comprehensive Peace Agreement.
Nor is any word forthcoming these days from the office of Senator Patrick Leahy or his trusty Aide. The only thing related to Human Rights that has been dissipated are dogmatic speeches from Senator Leahy’s office while regrettably, rights violations in Nepal(by any measure), continue unchallenged. Criticisms and expressions of “concern” from international actors have always fallen (and will likely continue to fall) on the deaf ears of the Maoist rank and file.
Teenage political gangs rampage on the streets of Kathmandu attacking and counter-attacking each other; media houses are threatened daily while a Maoist presides over the Information Ministry; the YCL wreaks havoc on the streets of every major town and village in Nepal; innumerable lives have been lost due to flooding caused by barrages erected on Indian land; and Nepal’s intellectual elite are nowhere to be heard. Even Mr. Krishna Pahadi with his trademark fluorescent (look at me!) costume, hasn’t made the headlines in months!
The reality of the “new Nepal” is that it is still very much like the old Nepal. It is business as usual for Nepal’s self-proclaimed elite, especially now that their agents of corruption are free once more. Were it not for the Indian hand having been exposed and dragged into Nepal’s Maoist mess, nothing short of a flawless election would have sufficed. But now, with even the head of the UN mission taking direct orders from New Delhi, the Nepali elites’ focus is on holding elections no matter the cost or the odds of Nepal’s electoral process being either free or fair.
Truth be told, elections in November 2007 will be a replica of attempted elections under the King’s regime – everyone has learned how to get what they want from the shining example our Maoists have set. Ordinary Nepalis know where their country is headed; it’s only the extraordinary Nepalis who remain wed to their illusory charade of unbounded optimism. And without a doubt, it is be this very group of self-proclaimed elites who will take it upon themselves to criticize this writing and by doing so, will demonstrate their narcissism all over again!
Related Posts:
US House of Representatives, Resolution 1051 – In Support of Peace and Democracy in Nepal
http://nepaliperspectives.blogspot.com/2006/12/us-house-of-representatives-resolution.html
Thank You Daniela - But Nepal is Already on "Plan B" http://nepaliperspectives.blogspot.com/2007/05/thank-you-daniela-but-nepal-is-already.html
History, Farce, and Tragedy in Nepal http://nepaliperspectives.blogspot.com/2007/02/history-farce-and-tragedy-in-nepal.html
Surreal Politics - How Nepal’s Intellectual / Political Class, Continue to Look the Other Way…
http://nepaliperspectives.blogspot.com/2007/01/surreal-politics-how-nepals.html
Perpetual Denial – The State of Nepal’s Intellectual Class
http://nepaliperspectives.blogspot.com/2006/11/perpetual-denial-state-of-nepals.html
Life is Good When You Are a Nepali Intellectual Elite
http://nepaliperspectives.blogspot.com/2007/06/life-is-good-when-you-are-nepali.html
What is to be Done?
(Courtesy: Roop Joshi)
In the current almost inscrutable maze of Nepali politics it seems opportune to ask “what is to be done?” to ensure democracy in Nepal. (Apologies to Nikolai Chernyshevski who wrote a novel with this title circa 1887 and also to Vladimir Lenin who borrowed this title, circa 1915, for his own treatise on the Bolshevik cause.) This is a question that plays, or should play, in the minds of every Nepali who is bemused, appalled and downright frightened by where the country is currently headed.
There is no “New Nepal” yet. April 2006 was not a “political watershed” as termed by many. It was merely a consequence of the unholy alliance between the seven political parties and the Maoists, endorsed by a gullible international community and forced by the high-handed approach of the Government then. There still exist triangular, though uneven, centers of political leverage in Nepali politics: the Seven Party Alliance (SPA), the Maoists and the currently side-lined king. The SPA is bungling along with no leadership or direction. The Maoists are playing a waiting game to seize the first opportunity to come to power (not necessarily by democratic means). The king, stripped of his powers, remains still a distant focal point for a substantial number of those who still believe that the monarchy is useful for the New Nepal. Given recent developments, the Madhesis (MJF, JTMM, etc.) may be considered a fourth player in this macabre political dance.
The timeline has been set: elections for the Constituent Assembly on 22 November 2007, just over three months away. The Chief Elections Commissioner has yet to confirm that the law and order situation is expected to be conducive to elections by the planned date. Eastern Terai is afire with the marauding Madhesi extremists. Breakaway Maoist factions are attacking security forces. The YCL behaves like a security force in itself. The verification process in the Maoist cantonments has been stalled without rhyme or reason. Kidnappings and extortions occur daily and silently, since the victims are cowered into silence. Is it realistic to expect politicians to campaign and voters to vote in this scenario? Needless to mention, the indefinite postponement of the elections only prolongs the tenure of this un-elected Government.
Hence, first and foremost, Law and Order must be established across the country, not only in Kathmandu valley. The Home Ministry must deal with this paramount issue realistically, instead of, for example, setting naïve deadlines when political dialogue is needed. The Defense Ministry must implement an urgent plan to utilize all its resources (i.e. including the Nepal Army) in the cause of law and order. So Minister Sitaula and the Prime Minister really do need to burn the midnight oil.
Once law and order has been established and the security situation allows candidates to campaign without fear and, subsequently, allows every voter to vote in a completely secure environment, the CA elections can be held. Further, if election campaigns and awareness creation is left exclusively up to the much talked about “eight-party mechanism”, it would be folly. The SPA and Maoists do not have exclusive rights on Nepali democracy. After all, 62 parties have registered for the elections. Every party must be included in the “mechanism” leading up to the elections.
It is advisable to hold the elections under the auspices of the United Nations, which has a far better record in conducting elections than in peace-keeping, for example the post-Khmer Rouge elections in Cambodia conducted by the UN. In addition, every polling booth needs an independent international monitor, for example Mr. Jimmy Carter’s organization and others. Mr. Carter would be of far greater use in this exercise than the performance he put on during his last visit to Nepal.
Once fair and transparent CA elections are held, the CA sets out to prepare the new Constitution. Concurrently, a national referendum needs to be held on the question of monarchy versus republic. This issue is far too important to leave to the CA alone. The recent “constitutional amendment” allowing the current Interim Government to abolish the monarchy with a two-thirds majority in parliament is a politically naïve gesture, even presuming that an un-elected Interim Government has this authority which it does not. If political parties of every hue and colour - even those who have reached the national stage merely by the power of their guns - can have a say in this vital issue concerning national sovereignty and unity, certainly every Nepali must have the opportunity to speak up too. Let the cards fall where they may, but there must be a national referendum on this issue. The infrastructure already established for the CA elections can also be used for the referendum. The referendum is on the institution of monarchy. Issues such as possible abdication to younger generations can be dealt with post-referendum.
So the above, in almost an outline format, is what is to be done in the short-run. The complacency that we Nepalis are so famous for must give way to activism. We must be more demanding of our political leaders. If democracy is to be the birth right of every Nepali, it is the duty of every political leader or would-be-leader to make it clear to us what his or her political agenda is. We must stop voting for individuals, but rather for policies and programmes. Delays, hesitation and politics as usual will only shatter the dream of a “New Nepal”.
Related Posts:
Peace or Appease Process?
http://nepaliperspectives.blogspot.com/2007/07/peace-or-appease-process.html
April's Sizzle and February's Chill in Kathmandu
http://nepaliperspectives.blogspot.com/2007/06/aprils-sizzle-and-februarys-chill-in.html
Second Amendment to Nepal's Interim Constitution - No Cause for Maoist Joy
http://nepaliperspectives.blogspot.com/2007/06/second-amendment-to-nepals-interim.html
Reality Check for Nepal - Part-II
http://nepaliperspectives.blogspot.com/2007/05/reality-check-for-nepal-part-ii.html
Reality Check for Nepal - Part-I
http://nepaliperspectives.blogspot.com/2007/05/reality-check-for-nepal-part-i.html
In the current almost inscrutable maze of Nepali politics it seems opportune to ask “what is to be done?” to ensure democracy in Nepal. (Apologies to Nikolai Chernyshevski who wrote a novel with this title circa 1887 and also to Vladimir Lenin who borrowed this title, circa 1915, for his own treatise on the Bolshevik cause.) This is a question that plays, or should play, in the minds of every Nepali who is bemused, appalled and downright frightened by where the country is currently headed.
There is no “New Nepal” yet. April 2006 was not a “political watershed” as termed by many. It was merely a consequence of the unholy alliance between the seven political parties and the Maoists, endorsed by a gullible international community and forced by the high-handed approach of the Government then. There still exist triangular, though uneven, centers of political leverage in Nepali politics: the Seven Party Alliance (SPA), the Maoists and the currently side-lined king. The SPA is bungling along with no leadership or direction. The Maoists are playing a waiting game to seize the first opportunity to come to power (not necessarily by democratic means). The king, stripped of his powers, remains still a distant focal point for a substantial number of those who still believe that the monarchy is useful for the New Nepal. Given recent developments, the Madhesis (MJF, JTMM, etc.) may be considered a fourth player in this macabre political dance.
The timeline has been set: elections for the Constituent Assembly on 22 November 2007, just over three months away. The Chief Elections Commissioner has yet to confirm that the law and order situation is expected to be conducive to elections by the planned date. Eastern Terai is afire with the marauding Madhesi extremists. Breakaway Maoist factions are attacking security forces. The YCL behaves like a security force in itself. The verification process in the Maoist cantonments has been stalled without rhyme or reason. Kidnappings and extortions occur daily and silently, since the victims are cowered into silence. Is it realistic to expect politicians to campaign and voters to vote in this scenario? Needless to mention, the indefinite postponement of the elections only prolongs the tenure of this un-elected Government.
Hence, first and foremost, Law and Order must be established across the country, not only in Kathmandu valley. The Home Ministry must deal with this paramount issue realistically, instead of, for example, setting naïve deadlines when political dialogue is needed. The Defense Ministry must implement an urgent plan to utilize all its resources (i.e. including the Nepal Army) in the cause of law and order. So Minister Sitaula and the Prime Minister really do need to burn the midnight oil.
Once law and order has been established and the security situation allows candidates to campaign without fear and, subsequently, allows every voter to vote in a completely secure environment, the CA elections can be held. Further, if election campaigns and awareness creation is left exclusively up to the much talked about “eight-party mechanism”, it would be folly. The SPA and Maoists do not have exclusive rights on Nepali democracy. After all, 62 parties have registered for the elections. Every party must be included in the “mechanism” leading up to the elections.
It is advisable to hold the elections under the auspices of the United Nations, which has a far better record in conducting elections than in peace-keeping, for example the post-Khmer Rouge elections in Cambodia conducted by the UN. In addition, every polling booth needs an independent international monitor, for example Mr. Jimmy Carter’s organization and others. Mr. Carter would be of far greater use in this exercise than the performance he put on during his last visit to Nepal.
Once fair and transparent CA elections are held, the CA sets out to prepare the new Constitution. Concurrently, a national referendum needs to be held on the question of monarchy versus republic. This issue is far too important to leave to the CA alone. The recent “constitutional amendment” allowing the current Interim Government to abolish the monarchy with a two-thirds majority in parliament is a politically naïve gesture, even presuming that an un-elected Interim Government has this authority which it does not. If political parties of every hue and colour - even those who have reached the national stage merely by the power of their guns - can have a say in this vital issue concerning national sovereignty and unity, certainly every Nepali must have the opportunity to speak up too. Let the cards fall where they may, but there must be a national referendum on this issue. The infrastructure already established for the CA elections can also be used for the referendum. The referendum is on the institution of monarchy. Issues such as possible abdication to younger generations can be dealt with post-referendum.
So the above, in almost an outline format, is what is to be done in the short-run. The complacency that we Nepalis are so famous for must give way to activism. We must be more demanding of our political leaders. If democracy is to be the birth right of every Nepali, it is the duty of every political leader or would-be-leader to make it clear to us what his or her political agenda is. We must stop voting for individuals, but rather for policies and programmes. Delays, hesitation and politics as usual will only shatter the dream of a “New Nepal”.
Related Posts:
Peace or Appease Process?
http://nepaliperspectives.blogspot.com/2007/07/peace-or-appease-process.html
April's Sizzle and February's Chill in Kathmandu
http://nepaliperspectives.blogspot.com/2007/06/aprils-sizzle-and-februarys-chill-in.html
Second Amendment to Nepal's Interim Constitution - No Cause for Maoist Joy
http://nepaliperspectives.blogspot.com/2007/06/second-amendment-to-nepals-interim.html
Reality Check for Nepal - Part-II
http://nepaliperspectives.blogspot.com/2007/05/reality-check-for-nepal-part-ii.html
Reality Check for Nepal - Part-I
http://nepaliperspectives.blogspot.com/2007/05/reality-check-for-nepal-part-i.html
State Sovereignty at Stake
(Courtesy: Chiran Jung Thapa)
Preservation of state sovereignty against globalization and other encroaching paradigms have been at the heart of the contemporary debate in international affairs. But in Nepal, while some national leaders remain unfazed, most are incognizant of such debates. Hitherto, the spotlight in Kathmandu has been grabbed by the demands of proliferating agitating groups and the parlous peace process. But in the meantime, issues concerning national sovereignty have taken backseat and its erosion seems blithely ignored.
Both internal factors and external interference are increasingly eroding Nepal's sovereignty. Since the formation of the transitional governing authority in last April, the number of seditious groups across the country has soared, and contempt towards authority is widely prevalent. On the other hand, hordes of national leaders have taken the southern (Indian) sojourn more frequently for obvious reasons. And the growing significance and clout of foreign emissaries is widely reflected by the coverage received in the national media. Besides that, the United Nations mission (UNMIN) bestowed with a mandate to assist the Nepali peace process has been a welcome intervention.
Sovereignty is the most fundamental criteria for statehood. It is a broad notion reflecting different dimensions. In conventional terms, it is the possession of unilateral decision-making authority in determining one’s policies without interference. Further, it is the right to exercise such supreme political authority over a given geographical area. The holder of sovereignty derives this authority from some acknowledged source of legitimacy. And this legitimacy could be the constitution, international law, natural law, divine mandate, or hereditary law.
The concept of sovereignty can also be further divided into three distinct categories: (a) internal domestic sovereignty, (b) international legal sovereignty, and (c) Westphalian sovereignty. Internal domestic sovereignty refers to the existence of a single, stable and supreme political state authority, unchallenged by other actors within a given territory. International legal sovereignty refers to the mutual recognition of states (here a state is recognized as an independent political entity in the international political system which does not answer to any foreign power). As for the Westphalian sovereignty, its central premise rests on the notion of non-intervention in the internal affairs of other states.
Since the beginning of modern history, the Monarchs from the Shah dynasty had been regarded as the sovereign authority of Nepal until the 2006 uprising. Until 1990, the Monarch was the supreme ruler of the land. No other authority superseded the Monarch's authority, and only the Monarch held the right to exercise sovereign powers over Nepali territory. Although the brief stint of a multiparty government system in the late fifties and the Panchyat system that was later introduced in 1962 ushered in elected representatives, the core authority still remained with the Monarch.
After the promulgation of the 1990 constitution, however, the Monarch's supreme authority was diluted but not completely removed. Although the constitution clearly stated that the sovereignty was vested and inherent in the people, the Monarch still retained crucial prerogatives regarding sovereignty.
By and large, the subtleties in the 1990 constitution still acknowledged the Monarch as the sovereign authority. He had carte blanche and could veto any decision made by an elected authority. For instance, any enactment of law required the Royal seal of approval. The article 115 of the constitution conferred unilateral emergency powers to the Monarch in case a grave crisis regarding the sovereignty or integrity of the nation arose. Article 31 granted the Monarch with an absolute legal immunity. The Monarch also held special prerogatives such as the power to grant pardons to any sentence passed by any court or administrative body. The Monarch was also the supreme commander of the Army and had the power to decide on executive and judiciary appointments. Furthermore, he was considered the symbol of national unity, and was conferred the duty of preserving and protecting the constitution
Things changed, however, after the April uprising. The new transitional constitution drafted by the victors of the April uprising jettisoned all the royal prerogatives. Similar to the previous constitution, the first line in the preamble of the constitution valiantly declared sovereignty to be vested in the Nepali people. The new transitional constitution expunged everything regarding the Monarchy that was previously engraved in the 1990 constitution.
With the removal of Monarch's previous prerogatives, and the enshrinement of popular sovereignty in the constitution, it would theoretically signify the heralding of popular sovereignty. But in reality, popular sovereignty is yet to be legitimized.
The primary issue that negates the notion of popular sovereignty is the legitimacy of the governing authority that promulgated the constitution. The central tenet of popular sovereignty is based on the consent of the governed. The current governing authority derives its authority from the April uprising. While the April uprising deserves some credit, it cannot be translated into inviolable legitimacy. If uprisings were the universally accepted norm to institute a governing authority, then elections would be obsolete. The only credited mechanism to garner such inviolable and legitimate consent is through free and fair election, and Nepal has not held elections for the House of Representatives since1999.
Essentially, it is not just the obscure notion of popular sovereignty, but what is more important is the innumerable other transgressions that are eroding Nepal's sovereignty. As a matter of fact, all three categories of sovereignty are being eroded.
What is critically eroding the domestic-internal sovereignty is the rise in the number of seditious groups across the country and the governing authority's inability to assert control. It would not be far-fetched to state that there has been a complete break down in the enforcement of law and order. In the last thirteen months, there have been more groups clamouring the governing authority with demands than Nepal has experienced ever before in its history. Every conceivable congregation ranging from professional groups to criminal gangs have managed to defy state’s authority with their ever increasing demands. The beleaguered governing authority in the meantime has caved in to those demands without any regard to rationality or legality, and seems to be quickly loosing its grip.
All the governing authority seems capable of is enacting new laws, but sans capability to enforce them. As the law enforcement agencies are emasculated and demoralized, contempt towards authority is on the rise.
Lawlessness in the Terai region adequately drives this point home. The Terai region has been ungovernable for months now. Numerous groups are openly challenging the authority of the state and carrying out activities that corrode the state's sovereign authority. And the state has displayed no assertive response to check such activities.
It is not just in the Terai region, however, but all across the country transgressions against the legal system have proliferated. Whether it is groups enforcing chakka jams (halting traffic) and Nepal Bandhs (complete shutdowns) or those imposing blockades of the highways, such actions challenge the authority of the state. And when such challenge is unmet with befitting law enforcement, it precipitates the erosion of domestic sovereignty.
When it comes to the international legal sovereignty, it is the supine conduct of the Nepali leaders and the domineering character of the southern neighbour and other foreign entities that are eroding Nepal's sovereignty. Of course, the political landscape of impoverished nations is prone to external interference. However, the current series of events clearly expose the towering leverage the foreign elements have in Nepal's internal affairs.
The central premise of International legal sovereignty is founded on the notion of mutual recognition of a state as an independent political entity. What this essentially means is that any independent state has unilateral decision making authority when it comes to the internal matters of the state. Also, the state is not answerable to any foreign entity when it comes to internal matters.
Nepal's current status quo however, clearly contradicts the notion of International legal sovereignty. Historically and more so in the current context, Nepal's southern neighbour has wielded enormous influence in Nepal. It is quite clear that the victors of the April uprising owe their successful putsch to the southern neighbour. They certainly feel indebted for the neighbour's assistance. And perhaps to express their gratitude for assisting them, almost every major decision regarding Nepal has been allowed to cruise through the corridors of the south block for acquiescence.
Also, the celebrity status enjoyed by certain foreign emissaries in Nepal alarmingly exhibits the growing influence of foreigners in internal affairs of the state. Some emissaries have received such wide coverage in the media that it seems as if they were running the show. Clearly, certain emissaries hold more clout and significance in Nepal than most national leaders. Regardless of the preciseness of theirs statements, only in Nepal can one hear such frequent remarks by foreign emissaries on internal matters of the state. Additionally, the ease and frequency with which the emissaries have managed to meet the head of state demonstrate the magnitude of leverage wielded by external forces.
Such proceedings, of allowing foreign entities to make decisions regarding the internal matters of Nepal critically violate the notion of international legal sovereignty.
Besides the international legal sovereignty, Westphalian sovereignty has been critically eroded as well. The entry of UNMIN and India's role in brokering the peace process are both interventions but with different twists.
Primarily, it was the southern neighbour that intervened in the Nepal's internal affairs by bringing together two of the “protagonists” of the Nepali conflict. The peace process was brokered under the behest of the southern neighbour. Had the neighbour not strong-armed the rebels and the leaders of the seven-party-alliance (SPA), the political landscape would have been much different. The southern neighbour also played a cardinal role in enabling the coronation of the SPAM alliance. And following their ascendancy to power, SPA leaders of all creeds have flocked in hordes for a southern sojourn in hopes of receiving blessing for their political ventures.
On the other hand, the UN waltzed in because it was invited by both the SPA and the Maoists. Although the UN assistance was requested by the “protagonists” to assist in the peace process, its involvement is clearly an intervention by a foreign entity. The “protagonists” are Nepali, the conflict occurred in Nepal, so the peace process is clearly Nepal's internal affair. Regardless of Nepal's willingness or unwillingness, any involvement of a foreign entity in Nepal's peace process is an intervention in the internal affairs of the State. And any intervention by a foreign entity violates the notion of non-intervention - which in turn corrodes the concept of Westphalian sovereignty.
Indubitably, erosion of national sovereignty demands highest priority and it necessitates exploration of mitigating mechanisms. The first mitigating measure is free and fair elections. Until and unless a free and fair election is conducted to institute the representatives people choose, there is a lingering issue of illegitimacy tagged to any presiding authority. Only when people are able to institute representatives through free and fair elections, can an inviolable legitimacy be established.
Once the representatives acquire the consent of the governed, the issue that demands exigent attention would be law enforcement. Current delinquency of seditious groups has been eroding the idea of legitimacy and any notion of law and order. The erosion of domestic sovereignty directly stems from the inability of the authorities to enforce the existing law. When the sovereign authority simply has the capacity to enact laws but lacks enforcement capabilities, it critically undermines its own power. This in turn translates into erosion of sovereignty. Hence, in order to curb such insubordination, the sovereign authority has to enforce the laws where it is being criminally flouted.
Another critical measure to secure national sovereignty would be to pay less heed to foreign powers. Certainly Nepal's precarious geo-strategic location of being landlocked between two giant neighbours makes the conduct of international affairs arduous. And certainly the impoverished status necessitates reliance on foreign benevolence. However, it does not imply that the state has to completely submit to the diktats of foreign entities.
If attainable, wielding influence on other states to promote national interests is an intrinsic nature of all nation-states. Given the aspiring nature of two rising superpowers that Nepal borders, it would be naive to discard a coercive demeanour in interstate relations. However, it would be puerile to simply accuse external factors for the internal deficiencies. It is the lack of internal cohesiveness that invites external interference. And in Nepal’s context, the political leaders are clearly allowing foreign elements to meddle in Nepal's internal affairs.
There must be a national objective to reduce external interference. And it is not impossible to attain that state of being. As long as the leaders stand as an embodiment of the popular will, there is no reason to exhibit pliancy. If there is a unanimous consensus amongst the leaders to maintain a strong determination to be indomitable, foreign interference can be minimized. Then only can Nepalis have more say in their own affairs and be able to safeguard the country’s sovereignty.
In highlighting the imperatives for safeguarding state sovereignty, what can be stated with certainty, is that probably no state in the current international system enjoys absolute sovereignty. However, a sovereign authority within a state must be able to at least effectively exercise unilateral control on its territory. Simply scribbling sovereignty in the constitution and trumpeting an obscure accomplishment is not a substitute for strategy. Given the current chasm between proclamation and implementation, a more effective strategy for safeguarding state sovereignty is both needed and available.
Related Posts:
Nepal: Decaying nationalism?
http://nepaliperspectives.blogspot.com/2007/06/nepal-decaying-nationalism.html
Revisiting Recent Nepali History - A brief Collection of "Inconvenient Truths"
http://nepaliperspectives.blogspot.com/2007/07/revisiting-recent-nepali-history-brief.html
Indian Foreign Policy and the Dynamics of Regional Politics
http://nepaliperspectives.blogspot.com/2007/04/indian-foreign-policy-and-dynamics-of.html
Thank You Daniela - But Nepal is Already on "Plan B" http://nepaliperspectives.blogspot.com/2007/05/thank-you-daniela-but-nepal-is-already.html
Saturday, August 04, 2007
New Nepal - A country out of whack?
(Courtesy: Sangram Singh Basnyat)
The secularization of Nepal has made the ambiance quite treacherous for the holy cows of Nepal . But the predicament of the Nepali populace is even worse. With no water trickling from the spigots, irregular supply of electricity, scarcity of fuel, worsening food security, rising ethnic tensions, unabated criminalities, and nonchalant law enforcement, Nepal 's plight is easily discernible. Also, no cover is adequate for security. While insecurity and inadequacies plague Nepal , the vaunted rhetoric of "New Nepal" is unfolding into a bitter irony.
The annual failed states index published by the Foreign Policy magazine had placed Nepal in the 21st seat. In the list of failed states, only 20 states were ranked worse than Nepal . In 2006, Nepal was ranked 20. When the indicators assessed a slight improvement in the overall conditions of the country, it nudged Nepal from the Red (1-20) to Orange (21- 40) category. It is to be noted however, that the 2007 rankings were the result of the data collected in 2006.
But today, if those same indicators were re-employed to calibrate Nepal 's situation, it would certainly bump up Nepal 's ranking. Given the insecurity and inadequacies, it would easily position Nepal in the "Red" (Top 20) category. In just a matter of a year, Nepal 's security situation has acutely deteriorated. Even at the crest of the Maoist instigated violence, the overall security situation was not as bad as it is today. Today the entire country is gripped with fear and uncertainty.
From the King to the common man, no one feels secure. While the truculent government and parliament set on clipping all his royal prerogatives, the King feels the heat of abolition and even incarceration. And recently, for the first time in history, the King has officially requested for extra security backup during his birthday bash. The King's request for security says it all.
It is not just the King however, but even the seemingly omnipotent Prachanda who feels threatened. Fearing an assassination attempt, he has demanded extra security. Currently there is fifty man contingent (a mix of Maoists and armed police) to provide security for the Maoist supremo (no other leader in Nepal has this elaborate security arrangement).
Other Maoist ministers seem quite threatened too. Very recently, their paranoia of insecurity was exposed when there was a change in their personal army guards. Crying foul play, they claimed that the new Army guards were sent from the Bhairavnath battalion and Ranger battalion.
Not just the Maoists, but the insecurity contagion has infected other top leaders and government officials as well. Surya Bahadur Thapa and Sher Bahadur Deuba recently demanded the government provide them with extra security. Civil servants have recently halted work demanding extra security measures too. Even the VDC secretaries are staging protests demanding a secure work environment. Both the civil servant unions and union of VDC secretaries are currently launching a nationwide agitation demanding security.
Ironically, even the security forces have contracted the insecurity contagion. With the ongoing talks of integration of the Maoists into the Army, the Army is jittery. Even during their clandestine stage, the Maoists had threatened families of security forces. Now that the Maoists are in the ruling coalition, many in the security forces fear reprisal for their involvement in counter-insurgency.
The Police force is the perhaps the most vulnerable security wing and is equally insecure. There are innumerable cases where the police force has shown absolutely no commitment in enforcing the law due to their personal insecurities. Rather, they continue to remain insouciant.
If the security forces and the other big power players feel insecure, one can easily deduce the plight of the general populace. With no robust law enforcement against rising criminalities and ethnic tensions, the population feels defenseless. As the authorities and security forces lie emasculated and insouciant, a buffer between threats and society has collapsed leaving the people critically vulnerable.
On top of insecurity there are other matters of dire concern. The scarcity of water across the country is alarming. Despite being a hydro opulent nation, the taps across the nation have barely trickled a drop of drinking water. Certain places in Katmandu have not had water for weeks now. To top that off, the Melamchi water-project is uncertain.
Electricity too has become a rare commodity. While half of the population still lives without electricity, the other half is getting used to the frequent darkness. As vast swathes of land lie inundated due to the monsoon rains, the Nepal Electricity Authority (NEA) still claims that there is inadequate supply of water for electricity generation. So with hours of load-shedding, electricity is intermittent and utterly unreliable.
Another inadequacy is fuel shortage. Acute fuel shortages have also been a common phenomenon. Queues for fuel have been a frequent sight around Kathmandu . Laden with an unbearable debt, the Mecca of corruption and mismanagement - the Nepal Oil Corporation (NOC), is coming to a grinding halt. With losses of over 180 million dollars over the past five years and 250 million dollars of debt to Indian Oil Corporation (IOC) and other financial institutions, IOC may cut off supply if NOC doesn't cough up money soon. Given the heavily indebted status of NOC, the future of fuel supply looks inexorably bleak.
The economy is looking grim too. GDP growth rate is estimated to be between 2.7 to 3.2 % - which is below the regional and global average (global average hovers around 4%). Inflation rate is close to 8%. Nepal Chamber of Commerce (NCC) has recently said that the government's goal of the capping inflation at 5.5% is unattainable and unrealistic. It is further said that due to the dwindling exports, trade deficit is widening and the balance of payment surplus of 8 billion rupees is something difficult to achieve. It has further warned of dire consequences if the economy became solely reliant on remittances alone.
Another blow to the economy came recently when the World Bank (WB) threatened to suspend all assistance related to the financial sector reform project, as well as the proposed budgetary support. The Scottish consulting firm, ICCMT - that had been handling the management of troubled Nepal Bank Limited (NBL) for the last five years unilaterally terminated the management contract on July 22, citing inadequate cooperation from the central bank. The WB has demanded an immediately reinstatement of the ICCMT team.
If the WB were to suspend the assistance, it will immediately affect US$ 100 million reform projects at NBL, Rastriya Banijya Bank (RBB) and reengineering at NRB. In addition, proposed grant assistance worth US$ 30 million aimed at enhancing access to finance will be an immediate victim. Likewise, the much-needed budget support for the current fiscal year will also become uncertain. The budget for the current fiscal year has anticipated receiving up to Rs 100 million.
Investment is intangible and taking a nose dive as well. Insecurity and instability have throttled foreign investment. Much to the consternation of the national industrialists and investors, Maoists have aggressively formed labour unions left and right and are making preposterous demands. Even worrisome is the unabated extortion and the abduction of the individuals involved in the business enterprise. Criminal groups have gone on a rampage abducting Marwari businessmen and their family members for ransom. Such activities are fomenting capital flight and slump in investment. Due to the volatility, a large number of businessmen have already transferred most of their capital to overseas bank accounts.
Even food supply is in a precarious condition. Last week, the United Nations World Food Programme (WFP) and the UN Food and Agriculture Organisation (FAO) issued a joint statement raising alarm over the situation of food insecurity. Due to natural disasters and the conflict, food production has declined. Also, the frequent closure of national transportation arteries by random groups has severely hampered food supply. The most critical factor however, is the political unrest and violence in the Terai region. Considering the significance of Terai as the rice basket of Nepal , and the connecting conduit between the main supplier - India and the rest of the country, the turmoil is causing a huge distress to food production and supply.
The Terai conflict is evoking an even more hair-raising fright. Numerous violent madheshi groups have mushroomed in the past year with an array of demands. Although the demands of the different Madeshi groups are diverse, there is one unifying factor - they are all claiming to be the representatives of the Madhesi people. By identifying themselves as Madeshi people, they have distinctly separated themselves as different from the Pahades (hill-people).
Given the years of discrimination and marginalization, Madhesi demands for fair representation and opportunities are rational. But the violent tactics of targeting Pahades by radical groups like the JTTM Goit and Singh factions are fuelling ethnic hatreds on both sides. Till date, the ethnic melee has already cost some lives and appears to be heading towards larger hostilities.
During the April uprising, people rallied behind the SPAM coalition in hopes of a better future and more freedom. However, a year of SPAM reign has proved to be a damp squib. Ironically, Nepalis have lost even more freedom in the hopes of attaining more. Primarily, the basic amenities for survival like water, food and security is not only incommensurate but in dwindling sharply. Hence, without much doubt it can be stated that the two main categories of freedom - freedom from fear and freedom from want are quickly vanishing. Furthermore, the banning of a song that mentions the name of the founder (Late King Prithvi Narayan Shah) of the nation accurately reflects the trend in freedom of speech.
However in contrast, other remarkable acquisitions have been made during the last fourteen months. Now Nepalis have the freedom to take ministerial oaths in denim jeans. There is freedom to amass wealth through corruption without the fear of penalties; there is freedom to carry weapons into the parliament if you are a Member of Parliament. There is freedom to calls strikes, shut highways and roads in a whimsical manner. There is freedom to open steak houses and enjoy beef delicatessens. There is freedom to be called democratic without a democratic mandate. Practically, there is so much freedom that anyone is free to do whatever one’s heart desires. After all, the April uprising has supposedly unfettered Nepal from the manacles of feudalism and tyranny. So welcome to New Nepal - a country out of whack.
Related Posts:
Nepali Political Sorcery: Secularism's Ritual Kingship and Communism's Bourgeois Democracy
http://nepaliperspectives.blogspot.com/2007/07/nepali-political-sorcery-secularisms.html
Reality Check for Nepal - Part-II
http://nepaliperspectives.blogspot.com/2007/05/reality-check-for-nepal-part-ii.html
Reality Check for Nepal - Part-I
http://nepaliperspectives.blogspot.com/2007/05/reality-check-for-nepal-part-i.html
The secularization of Nepal has made the ambiance quite treacherous for the holy cows of Nepal . But the predicament of the Nepali populace is even worse. With no water trickling from the spigots, irregular supply of electricity, scarcity of fuel, worsening food security, rising ethnic tensions, unabated criminalities, and nonchalant law enforcement, Nepal 's plight is easily discernible. Also, no cover is adequate for security. While insecurity and inadequacies plague Nepal , the vaunted rhetoric of "New Nepal" is unfolding into a bitter irony.
The annual failed states index published by the Foreign Policy magazine had placed Nepal in the 21st seat. In the list of failed states, only 20 states were ranked worse than Nepal . In 2006, Nepal was ranked 20. When the indicators assessed a slight improvement in the overall conditions of the country, it nudged Nepal from the Red (1-20) to Orange (21- 40) category. It is to be noted however, that the 2007 rankings were the result of the data collected in 2006.
But today, if those same indicators were re-employed to calibrate Nepal 's situation, it would certainly bump up Nepal 's ranking. Given the insecurity and inadequacies, it would easily position Nepal in the "Red" (Top 20) category. In just a matter of a year, Nepal 's security situation has acutely deteriorated. Even at the crest of the Maoist instigated violence, the overall security situation was not as bad as it is today. Today the entire country is gripped with fear and uncertainty.
From the King to the common man, no one feels secure. While the truculent government and parliament set on clipping all his royal prerogatives, the King feels the heat of abolition and even incarceration. And recently, for the first time in history, the King has officially requested for extra security backup during his birthday bash. The King's request for security says it all.
It is not just the King however, but even the seemingly omnipotent Prachanda who feels threatened. Fearing an assassination attempt, he has demanded extra security. Currently there is fifty man contingent (a mix of Maoists and armed police) to provide security for the Maoist supremo (no other leader in Nepal has this elaborate security arrangement).
Other Maoist ministers seem quite threatened too. Very recently, their paranoia of insecurity was exposed when there was a change in their personal army guards. Crying foul play, they claimed that the new Army guards were sent from the Bhairavnath battalion and Ranger battalion.
Not just the Maoists, but the insecurity contagion has infected other top leaders and government officials as well. Surya Bahadur Thapa and Sher Bahadur Deuba recently demanded the government provide them with extra security. Civil servants have recently halted work demanding extra security measures too. Even the VDC secretaries are staging protests demanding a secure work environment. Both the civil servant unions and union of VDC secretaries are currently launching a nationwide agitation demanding security.
Ironically, even the security forces have contracted the insecurity contagion. With the ongoing talks of integration of the Maoists into the Army, the Army is jittery. Even during their clandestine stage, the Maoists had threatened families of security forces. Now that the Maoists are in the ruling coalition, many in the security forces fear reprisal for their involvement in counter-insurgency.
The Police force is the perhaps the most vulnerable security wing and is equally insecure. There are innumerable cases where the police force has shown absolutely no commitment in enforcing the law due to their personal insecurities. Rather, they continue to remain insouciant.
If the security forces and the other big power players feel insecure, one can easily deduce the plight of the general populace. With no robust law enforcement against rising criminalities and ethnic tensions, the population feels defenseless. As the authorities and security forces lie emasculated and insouciant, a buffer between threats and society has collapsed leaving the people critically vulnerable.
On top of insecurity there are other matters of dire concern. The scarcity of water across the country is alarming. Despite being a hydro opulent nation, the taps across the nation have barely trickled a drop of drinking water. Certain places in Katmandu have not had water for weeks now. To top that off, the Melamchi water-project is uncertain.
Electricity too has become a rare commodity. While half of the population still lives without electricity, the other half is getting used to the frequent darkness. As vast swathes of land lie inundated due to the monsoon rains, the Nepal Electricity Authority (NEA) still claims that there is inadequate supply of water for electricity generation. So with hours of load-shedding, electricity is intermittent and utterly unreliable.
Another inadequacy is fuel shortage. Acute fuel shortages have also been a common phenomenon. Queues for fuel have been a frequent sight around Kathmandu . Laden with an unbearable debt, the Mecca of corruption and mismanagement - the Nepal Oil Corporation (NOC), is coming to a grinding halt. With losses of over 180 million dollars over the past five years and 250 million dollars of debt to Indian Oil Corporation (IOC) and other financial institutions, IOC may cut off supply if NOC doesn't cough up money soon. Given the heavily indebted status of NOC, the future of fuel supply looks inexorably bleak.
The economy is looking grim too. GDP growth rate is estimated to be between 2.7 to 3.2 % - which is below the regional and global average (global average hovers around 4%). Inflation rate is close to 8%. Nepal Chamber of Commerce (NCC) has recently said that the government's goal of the capping inflation at 5.5% is unattainable and unrealistic. It is further said that due to the dwindling exports, trade deficit is widening and the balance of payment surplus of 8 billion rupees is something difficult to achieve. It has further warned of dire consequences if the economy became solely reliant on remittances alone.
Another blow to the economy came recently when the World Bank (WB) threatened to suspend all assistance related to the financial sector reform project, as well as the proposed budgetary support. The Scottish consulting firm, ICCMT - that had been handling the management of troubled Nepal Bank Limited (NBL) for the last five years unilaterally terminated the management contract on July 22, citing inadequate cooperation from the central bank. The WB has demanded an immediately reinstatement of the ICCMT team.
If the WB were to suspend the assistance, it will immediately affect US$ 100 million reform projects at NBL, Rastriya Banijya Bank (RBB) and reengineering at NRB. In addition, proposed grant assistance worth US$ 30 million aimed at enhancing access to finance will be an immediate victim. Likewise, the much-needed budget support for the current fiscal year will also become uncertain. The budget for the current fiscal year has anticipated receiving up to Rs 100 million.
Investment is intangible and taking a nose dive as well. Insecurity and instability have throttled foreign investment. Much to the consternation of the national industrialists and investors, Maoists have aggressively formed labour unions left and right and are making preposterous demands. Even worrisome is the unabated extortion and the abduction of the individuals involved in the business enterprise. Criminal groups have gone on a rampage abducting Marwari businessmen and their family members for ransom. Such activities are fomenting capital flight and slump in investment. Due to the volatility, a large number of businessmen have already transferred most of their capital to overseas bank accounts.
Even food supply is in a precarious condition. Last week, the United Nations World Food Programme (WFP) and the UN Food and Agriculture Organisation (FAO) issued a joint statement raising alarm over the situation of food insecurity. Due to natural disasters and the conflict, food production has declined. Also, the frequent closure of national transportation arteries by random groups has severely hampered food supply. The most critical factor however, is the political unrest and violence in the Terai region. Considering the significance of Terai as the rice basket of Nepal , and the connecting conduit between the main supplier - India and the rest of the country, the turmoil is causing a huge distress to food production and supply.
The Terai conflict is evoking an even more hair-raising fright. Numerous violent madheshi groups have mushroomed in the past year with an array of demands. Although the demands of the different Madeshi groups are diverse, there is one unifying factor - they are all claiming to be the representatives of the Madhesi people. By identifying themselves as Madeshi people, they have distinctly separated themselves as different from the Pahades (hill-people).
Given the years of discrimination and marginalization, Madhesi demands for fair representation and opportunities are rational. But the violent tactics of targeting Pahades by radical groups like the JTTM Goit and Singh factions are fuelling ethnic hatreds on both sides. Till date, the ethnic melee has already cost some lives and appears to be heading towards larger hostilities.
During the April uprising, people rallied behind the SPAM coalition in hopes of a better future and more freedom. However, a year of SPAM reign has proved to be a damp squib. Ironically, Nepalis have lost even more freedom in the hopes of attaining more. Primarily, the basic amenities for survival like water, food and security is not only incommensurate but in dwindling sharply. Hence, without much doubt it can be stated that the two main categories of freedom - freedom from fear and freedom from want are quickly vanishing. Furthermore, the banning of a song that mentions the name of the founder (Late King Prithvi Narayan Shah) of the nation accurately reflects the trend in freedom of speech.
However in contrast, other remarkable acquisitions have been made during the last fourteen months. Now Nepalis have the freedom to take ministerial oaths in denim jeans. There is freedom to amass wealth through corruption without the fear of penalties; there is freedom to carry weapons into the parliament if you are a Member of Parliament. There is freedom to calls strikes, shut highways and roads in a whimsical manner. There is freedom to open steak houses and enjoy beef delicatessens. There is freedom to be called democratic without a democratic mandate. Practically, there is so much freedom that anyone is free to do whatever one’s heart desires. After all, the April uprising has supposedly unfettered Nepal from the manacles of feudalism and tyranny. So welcome to New Nepal - a country out of whack.
Related Posts:
Nepali Political Sorcery: Secularism's Ritual Kingship and Communism's Bourgeois Democracy
http://nepaliperspectives.blogspot.com/2007/07/nepali-political-sorcery-secularisms.html
Reality Check for Nepal - Part-II
http://nepaliperspectives.blogspot.com/2007/05/reality-check-for-nepal-part-ii.html
Reality Check for Nepal - Part-I
http://nepaliperspectives.blogspot.com/2007/05/reality-check-for-nepal-part-i.html
Friday, August 03, 2007
Social Capital, Law and Democracy
(Courtesy: Dr. Hari Bansha Dulal & Stefano Foa)
Violence breeds violence. In Nepal, the seeds of violence were sown in February 1996 when CPN (Maoist) carried out simultaneous raids on government offices, police posts, and private businesses. Since then, such violent behavior has become ingrained in the Nepali society. What was started by the Maoist insurgents has now sprouted across several groups, some with separatist agendas, and others simply taking advantage of the breakdown in the rule of law to make a fast buck.
Like leaders in many developing countries, the Nepali political elite has spent this time selling dreams of imminent prosperity to a largely illiterate Nepali populace, while ignoring the mounting security dilemma.
While lawlessness continues, politicians talk as if a peaceful democratic transition can be taken for granted. But it cannot. The fact is that most countries fail during their first attempt to establish democracy. This is just as true in Europe - where fledgling democracies collapsed in France, Italy, Germany and Spain - as it has been, since the 1950s, in wave after wave of decolonized nations in Africa and the Middle East. The few developing nations, such as India or Botswana, that have maintained some degree of democratic continuity from the start, are the exceptions and not the rule.
Why do some regimes undergo successful transition, while others collapse into anarchy and despotism - and what lessons can this yield for Nepal?
During periods of democratic transition, politicians tend to overstate their positive impact in the short-term, while underestimating or ignoring the longer-term negative consequences that their actions - or inactions - can have.
First among these is the effect that the failure to combat lawlessness and instability has in undermining a country's stock of 'social' capital - that is, the relations of inter-group solidarity and cohesion which allow negotiation, compromise, and agreement between opposing factions.
In Nepal, the consequence of the failure to stem the vortex of violence and lawlessness is that the country is fragmenting into an archipelago of competing power factions, and unless these centrifugal forces are contained, the country will drift further and further from a social compact.
Second, violence and insecurity also erode other forms of social capital which are essential for making democracy work. Chief among these is the maintenance of a healthy civil society, in the form of the newspapers, professional associations, women's groups, and community forums. Such associations are essential in enabling citizens are able to formulate their interests, debate policy, and place pressure on local representatives to deliver better services and more accountable governance.
Robert Putnam's classic 1993 study on civic involvement in Italy showed that such networks are critical in ensuring effective local governance and economic development, and more recently, further studies by Ronald Inglehart and Christian Welzel have confirmed this view. Across the world, they find that countries which in the early 1990s began their democratization process with a civic culture of independence and citizen activism have had a greater success in maintaining effective and accountable institutions.
On the other hand, where civil society has been passive or cowed, the potential for regression toward despotic and unaccountable rule is strong. In Nepal, widespread violence and intimidation are producing exactly this result, as citizens retreat behind closed doors and the possibility of a public space is being eroded.
Unfortunately, the Maoists do not want a healthy civil society, as they know that independent groups based upon horizontal association would be a threat to the kind of authoritarian regime they envisage. Were farmers, minorities, tradesmen, and professionals able independently to articulate their interests and engage through the democratic process, the chances of garnering support for a universal proletarian state would become slim.
Yet, the longer the lawlessness persists, the more difficult will it become to restore a culture of fairness and respect for the law. Not long ago, Nepal was known as a peaceful land, widely touted as Switzerland of Asia. Today, this no longer rings true. According to data from the World Health Organization, by 2002 the homicide rate in Nepal had already reached 15 per 100,000 - twice the rate in Bangladesh, three times the rate in India, and five times that of China. If deaths from conflict were also included, the figure would rise to almost 20 per 100,000. This not only makes Nepal among the most violent societies in Asia, but among the most dangerous in the entire world.
Were order restored now, the country could return somewhat to the safety and security of bygone years, but the longer the anarchy continues, the more difficult will such a recovery become. An alarming precedent in this regard has already been set by Cambodia, a country whose social fabric has since the 1970s been torn asunder by insurgency and political stagnation. Their conflict has left families estranged, villages uprooted, and orphans on the streets. In Cambodia today, the Maoists may be gone and a veneer of political stability may have been restored. Yet violence and criminality have become engrained within the culture. Weapons and explosives are widely available, and at 17 per 100,000 this once peaceful land has among the highest homicide rates in Asia.
Nepal is a country once rich in bonds of trust, solidarity, and mutual support. These are now being eroded. If the land is to achieve both development and democracy, it cannot wait for solutions to arrive. Just like economic capital, 'social capital' is a resource that takes centuries to accumulate, but only a decade to destroy. The loss can be stopped now, but critical toward doing so is the restoration of the rule of law. Once protection is provided to all groups in society, demands for separatism will wane. Once violations of life and liberty are reprimanded, the culture of impunity will disappear. Once citizens are able to associate freely and without fear of intimidation, the prospect of a healthy civic life will be restored. But action must be taken now. The longer the social fabric is worn away, the more difficult will it be to sew together again.
Related Posts:
Peace or Appease Process?
http://nepaliperspectives.blogspot.com/2007/07/peace-or-appease-process.html
Revisiting Recent Nepali History - A brief Collection of "Inconvenient Truths"
http://nepaliperspectives.blogspot.com/2007/07/revisiting-recent-nepali-history-brief.html
April's Sizzle and February's Chill in Kathmandu
http://nepaliperspectives.blogspot.com/2007/06/aprils-sizzle-and-februarys-chill-in.html
Violence breeds violence. In Nepal, the seeds of violence were sown in February 1996 when CPN (Maoist) carried out simultaneous raids on government offices, police posts, and private businesses. Since then, such violent behavior has become ingrained in the Nepali society. What was started by the Maoist insurgents has now sprouted across several groups, some with separatist agendas, and others simply taking advantage of the breakdown in the rule of law to make a fast buck.
Like leaders in many developing countries, the Nepali political elite has spent this time selling dreams of imminent prosperity to a largely illiterate Nepali populace, while ignoring the mounting security dilemma.
While lawlessness continues, politicians talk as if a peaceful democratic transition can be taken for granted. But it cannot. The fact is that most countries fail during their first attempt to establish democracy. This is just as true in Europe - where fledgling democracies collapsed in France, Italy, Germany and Spain - as it has been, since the 1950s, in wave after wave of decolonized nations in Africa and the Middle East. The few developing nations, such as India or Botswana, that have maintained some degree of democratic continuity from the start, are the exceptions and not the rule.
Why do some regimes undergo successful transition, while others collapse into anarchy and despotism - and what lessons can this yield for Nepal?
During periods of democratic transition, politicians tend to overstate their positive impact in the short-term, while underestimating or ignoring the longer-term negative consequences that their actions - or inactions - can have.
First among these is the effect that the failure to combat lawlessness and instability has in undermining a country's stock of 'social' capital - that is, the relations of inter-group solidarity and cohesion which allow negotiation, compromise, and agreement between opposing factions.
In Nepal, the consequence of the failure to stem the vortex of violence and lawlessness is that the country is fragmenting into an archipelago of competing power factions, and unless these centrifugal forces are contained, the country will drift further and further from a social compact.
Second, violence and insecurity also erode other forms of social capital which are essential for making democracy work. Chief among these is the maintenance of a healthy civil society, in the form of the newspapers, professional associations, women's groups, and community forums. Such associations are essential in enabling citizens are able to formulate their interests, debate policy, and place pressure on local representatives to deliver better services and more accountable governance.
Robert Putnam's classic 1993 study on civic involvement in Italy showed that such networks are critical in ensuring effective local governance and economic development, and more recently, further studies by Ronald Inglehart and Christian Welzel have confirmed this view. Across the world, they find that countries which in the early 1990s began their democratization process with a civic culture of independence and citizen activism have had a greater success in maintaining effective and accountable institutions.
On the other hand, where civil society has been passive or cowed, the potential for regression toward despotic and unaccountable rule is strong. In Nepal, widespread violence and intimidation are producing exactly this result, as citizens retreat behind closed doors and the possibility of a public space is being eroded.
Unfortunately, the Maoists do not want a healthy civil society, as they know that independent groups based upon horizontal association would be a threat to the kind of authoritarian regime they envisage. Were farmers, minorities, tradesmen, and professionals able independently to articulate their interests and engage through the democratic process, the chances of garnering support for a universal proletarian state would become slim.
Yet, the longer the lawlessness persists, the more difficult will it become to restore a culture of fairness and respect for the law. Not long ago, Nepal was known as a peaceful land, widely touted as Switzerland of Asia. Today, this no longer rings true. According to data from the World Health Organization, by 2002 the homicide rate in Nepal had already reached 15 per 100,000 - twice the rate in Bangladesh, three times the rate in India, and five times that of China. If deaths from conflict were also included, the figure would rise to almost 20 per 100,000. This not only makes Nepal among the most violent societies in Asia, but among the most dangerous in the entire world.
Were order restored now, the country could return somewhat to the safety and security of bygone years, but the longer the anarchy continues, the more difficult will such a recovery become. An alarming precedent in this regard has already been set by Cambodia, a country whose social fabric has since the 1970s been torn asunder by insurgency and political stagnation. Their conflict has left families estranged, villages uprooted, and orphans on the streets. In Cambodia today, the Maoists may be gone and a veneer of political stability may have been restored. Yet violence and criminality have become engrained within the culture. Weapons and explosives are widely available, and at 17 per 100,000 this once peaceful land has among the highest homicide rates in Asia.
Nepal is a country once rich in bonds of trust, solidarity, and mutual support. These are now being eroded. If the land is to achieve both development and democracy, it cannot wait for solutions to arrive. Just like economic capital, 'social capital' is a resource that takes centuries to accumulate, but only a decade to destroy. The loss can be stopped now, but critical toward doing so is the restoration of the rule of law. Once protection is provided to all groups in society, demands for separatism will wane. Once violations of life and liberty are reprimanded, the culture of impunity will disappear. Once citizens are able to associate freely and without fear of intimidation, the prospect of a healthy civic life will be restored. But action must be taken now. The longer the social fabric is worn away, the more difficult will it be to sew together again.
Related Posts:
Peace or Appease Process?
http://nepaliperspectives.blogspot.com/2007/07/peace-or-appease-process.html
Revisiting Recent Nepali History - A brief Collection of "Inconvenient Truths"
http://nepaliperspectives.blogspot.com/2007/07/revisiting-recent-nepali-history-brief.html
April's Sizzle and February's Chill in Kathmandu
http://nepaliperspectives.blogspot.com/2007/06/aprils-sizzle-and-februarys-chill-in.html
Wednesday, August 01, 2007
Nirmal’s Hubris - (Nirmal Shah a.k.a King Gyanendra)
(Courtesy: Kabi Raj Panday)
Nirmal’s hubris is a powerful cocktail of three distinctive traits: unparalleled arrogance in thinking that he alone knows best; utter inability to listen to a different point of view; & supremely misplaced self-belief in one’s ability to fool all of the people all of the time. True that these traits are linked and may manifest themselves in any combination in any number of people that we know, but when they happen to wholly consume a ruthless opportunist & adventurer whose misguided ambition to control the destiny of 27 million or so souls has spectacularly misfired in the face of vehement domestic and international opposition, the consequences for the institution that he heads would appear nothing short of disastrous.
Sure people make mistakes and they are often forgiven than not. But when someone like King Gyanendra makes mistakes as often as he is warned and then goes onto show incredible consistency in only repeating such mistakes, he deserves nothing but contempt. It is in this light that we must see King Gyanendra today– to put in another way, there is little doubt that he is well beyond the point of recall on account of his hubris, but can we really be satisfied that there is no alternative other than for the monarchy to share in his nemesis?
The efficacy of having a monarchy can probably be debated ad nauseam. We are just as likely, however, to sooner agree that the optimum way to safeguard the continuation of the monarchy in the present circumstances is to order the succession in such as way as to have in place a firm foundation for a peoples’ monarchy. To this end, the late Princess Shruti’s eldest daughter, Girvani, should be immediately recognized as having a better claim to the throne than either the incumbent or his despised progeny – both of whom had something of the night about them well before they were catapulted to become King and Crown Prince, respectively. Those who still have reservations about her surname can perhaps be offered as example what the British royal family went through in reinventing their identity as Windsors – this way Girvani would become Girvani of the House of Gorkha. The desire to see this change in the succession is not just a fad at placating the feminists amongst us – it is a genuine desire to see the succession continued, if it is going to be continued at all, through a direct descendant of a much loved and respected Citizen King, Birendra, – the way it should have been and could still be.
It goes without saying that the change in the succession alone will not guarantee the survival of the monarchy, but it is a necessary starting point. It will be equally important thereafter for the functions of the monarchy to be clearly articulated, explained and understood, to ensure that the reigning monarch is always imbued with the highest sense of duty and service in conducting herself or himself as a privileged and true servant of the people. Much work needs to be done in this area and quickly, especially, in the period leading up to the constituent assembly elections (although a healthy dose of skepticism in these polls taking place in the foreseeable future is warranted). The important thing now is to have the basic elements agreed and in place – at the very least, Girvani’s ascension to the throne, will be a powerful remedy to stave off a communist republic.
We do ourselves no favours by underestimating the potential for the monarchy’s survival even if at present we have as its chief adversary the head of that very institution. Whilst by his acts and omissions King Gyanendra is that much closer to going back to being Citizen Nirmal (this will be yet another record for him), and, at the same time, he has altogether forfeited any authority to interpret the monarchy’s course and deserves even less to be a consideration in charting its future, it is certainly not too late for the institution of monarchy in Nepal, especially, when given genuine breathing space from the malign & destructive influences of the current monarch and his ilk.
(Mr. Kabi Raj Panday can be reached at the following e-mail address: kabirajpanday@yahoo.co.uk)
Nirmal’s hubris is a powerful cocktail of three distinctive traits: unparalleled arrogance in thinking that he alone knows best; utter inability to listen to a different point of view; & supremely misplaced self-belief in one’s ability to fool all of the people all of the time. True that these traits are linked and may manifest themselves in any combination in any number of people that we know, but when they happen to wholly consume a ruthless opportunist & adventurer whose misguided ambition to control the destiny of 27 million or so souls has spectacularly misfired in the face of vehement domestic and international opposition, the consequences for the institution that he heads would appear nothing short of disastrous.
Sure people make mistakes and they are often forgiven than not. But when someone like King Gyanendra makes mistakes as often as he is warned and then goes onto show incredible consistency in only repeating such mistakes, he deserves nothing but contempt. It is in this light that we must see King Gyanendra today– to put in another way, there is little doubt that he is well beyond the point of recall on account of his hubris, but can we really be satisfied that there is no alternative other than for the monarchy to share in his nemesis?
The efficacy of having a monarchy can probably be debated ad nauseam. We are just as likely, however, to sooner agree that the optimum way to safeguard the continuation of the monarchy in the present circumstances is to order the succession in such as way as to have in place a firm foundation for a peoples’ monarchy. To this end, the late Princess Shruti’s eldest daughter, Girvani, should be immediately recognized as having a better claim to the throne than either the incumbent or his despised progeny – both of whom had something of the night about them well before they were catapulted to become King and Crown Prince, respectively. Those who still have reservations about her surname can perhaps be offered as example what the British royal family went through in reinventing their identity as Windsors – this way Girvani would become Girvani of the House of Gorkha. The desire to see this change in the succession is not just a fad at placating the feminists amongst us – it is a genuine desire to see the succession continued, if it is going to be continued at all, through a direct descendant of a much loved and respected Citizen King, Birendra, – the way it should have been and could still be.
It goes without saying that the change in the succession alone will not guarantee the survival of the monarchy, but it is a necessary starting point. It will be equally important thereafter for the functions of the monarchy to be clearly articulated, explained and understood, to ensure that the reigning monarch is always imbued with the highest sense of duty and service in conducting herself or himself as a privileged and true servant of the people. Much work needs to be done in this area and quickly, especially, in the period leading up to the constituent assembly elections (although a healthy dose of skepticism in these polls taking place in the foreseeable future is warranted). The important thing now is to have the basic elements agreed and in place – at the very least, Girvani’s ascension to the throne, will be a powerful remedy to stave off a communist republic.
We do ourselves no favours by underestimating the potential for the monarchy’s survival even if at present we have as its chief adversary the head of that very institution. Whilst by his acts and omissions King Gyanendra is that much closer to going back to being Citizen Nirmal (this will be yet another record for him), and, at the same time, he has altogether forfeited any authority to interpret the monarchy’s course and deserves even less to be a consideration in charting its future, it is certainly not too late for the institution of monarchy in Nepal, especially, when given genuine breathing space from the malign & destructive influences of the current monarch and his ilk.
(Mr. Kabi Raj Panday can be reached at the following e-mail address: kabirajpanday@yahoo.co.uk)
Subscribe to:
Posts (Atom)