India should control suspected supporters of groups fomenting unrest in Nepal’s Terai region that lies on one of the main trade routes between the neighbors, a United Nations envoy said.
“Some of these groups that are making life difficult in Terai may have some kind of links in north India,” Matthew Kahane, the UN resident representative and humanitarian coordinator, said yesterday, according to India’s state-run broadcaster Doordarshan. “It would be enormously helpful if Indian authorities are able to keep these people under control.”
At least 25 people were killed in violence in the Terai region in clashes last year as groups staging protests and strikes to demand greater political rights forced borders posts with India to close and blocked transport routes.
The UN last week called on Nepal’s government to hold “urgent” talks with ethnic organizations to ensure their participation in general elections scheduled for April, the first national ballot since a peace accord in November 2006 ended a 10-year civil war. More than 40 ethnic groups are represented in Nepal’s population of 27 million people.
India’s assistance to Nepal’s Terai region over the past seven years has improved education and health, Doordarshan cited Kahane as telling Indian media. Nepal sends almost 68 percent of its exports to India and India is responsible for about 62 percent of imports, according to U.S. government data for 2006.
Food Shortages
Political unrest will harm UN efforts to combat shortages of food in a country where 40 of Nepal’s 70 districts are “chronically food insecure,” Kahane said.
India’s priority for Nepal should be to ensure a regular supply of food and other essential goods, he added.
“A significant section” of the Madhesi, Janajati and Dalit communities consider they were left out of last month’s accord between the seven parties in the coalition government to hold the elections, UN envoy Ian Martin said last week.
The April 10 vote shouldn’t be held unless the grievances of the Madhesi and other people in the Terai region are addressed, Upendra Yadav, head of the Madhesi Janadhikar Forum, said last week, Nepalnews.com reported at the time. Any attempt to impose the ballot using the army and police may start a civil war, he said.
The Madhesi say they are discriminated against by Nepalis from the hills and underrepresented in government and state institutions.
Nepal will hold elections for a National Assembly under the peace accord reached with the rebel Communist Party of Nepal (Maoist). The government has pledged that a new constitution to be drawn up after the ballot will give greater rights for ethnic minority groups in Nepal.
The inclusion of “traditionally marginalized” groups in the electoral process is essential to ensuring the vote is a success, Martin said.
In a landmark verdict, Nepal’s Supreme Court (SC) on Sunday convicted 17 people on contempt of court charge and slapped three months of imprisonment and Rs 1,000 in fine against them.
The convicts were arrested from the Supreme Court premises on January 17 after they chanted slogans against judges inside the court chamber where a hearing on the case relating to Chamati Land Project was on progress.
“The act of the accused did contempt not only to this bench but also to the independent judiciary of Nepal,” Justices Bal Ram KC and Tap Bahadur Magar said while announcing the punishment.
The Justices ruled that though the jail term for the convicts is three months, two months of the term has been suspended, and won’t be enforced if the convicts show good behavior. The judges said that they would have to serve the term in two installments.
“They be released after 15 days since their arrest. They be then summoned to be present before the court on the 75th day since their arrest. Then they will again be sent to the jail to serve the remaining 15 days of imprisonment. They be sent to the jail for three months if they do not present themselves before the court [on the 75th day],” the judges ordered.
The order means that the convicts will be released after four days (Thursday) since they have already served 11 days in detention.
The court took such a step against the people though they pleaded innocence before the court. The court, however, refuted their plea.
While handing down the verdict, the court also said that no one has the leverage of doing contempt to the judiciary either by writing, speaking or by any means.
“Any act that spreads falsehood against this court is considered criminal contempt,” the bench ruled.
Legal experts said this is the first time the court has found such a large number of people guilty of contempt of court at one time.
Act before it is too late
By GHANASHYAM OJHA
Joseph Nye, a Harvard professor of international relations and one of the eminent liberal thinkers, wrote in 1995, “Security is like oxygen — you tend not to notice it until you begin to lose it, but once that occurs, there is nothing else that you will think about.”
Regrettably, Nepal has begun losing such oxygen. The government has either failed to notice it or its short supply has incapacitated the country.
Security is a state in which every individual should freely enjoy their individuality and property without an iota of fear. But in Nepal, security has become nonexistent as the country has been inexorably plunged into lawlessness and anarchy. The situation has badly dented the confidence of not only the general public but also the state. The government’s hurried decision to hike petro-prices and then rolling them back after less than 48 hours following sudden and violent protests shows how weak the state is in analysing the situation and maintaining law and order.
While people haven’t yet been able to overcome the deeply entrenched fear psychosis created by the Maoists, the upsurge in violence, especially in the tarai, has badly paralysed their confidence. The security personnel deployed there have been simply reluctant to act. Police inaction was instrumental in the loss of lives and infrastructure in the past. The Office of the High Commissioner for Human Rights in Nepal — in its reports on the Gaur carnage and Kapilvastu mayhem — have pointed to the lack of police action for causing such horrendous deaths. The erosion of public confidence in the security forces portends grave challenges ahead. The presence of police personnel doesn’t ensure security for people in this country. Rather, the people’s unwillingness to cooperate with the political transformation — notwithstanding the security guarantee provided by police personnel during bandhs — is increasing because of the vanishing public trust in law enforcing agencies.
The deteriorating security situation is intertwined with the increasing incidences of criminal activities. People are like living in a state of general lawlessness in which criminals and gangs have taken the law into their own hands. The growing culture of impunity has largely contributed to the rise of crime and unaccountability. The violation of established law and order is making a mockery of the country’s security apparatus. A taxi driver speeding off even when a traffic policeman blows his whistle to tell him to stop at a red light is a common example of how accountability has degenerated into impunity.
The capital city is alarmingly turning into a hub of criminal activities. When people are being robbed, abducted and killed in broad daylight in the Kathmandu Valley, you can imagine the situation in other parts of the country. The tarai is evolving as the next Rolpa. Abduction, extortion, intimidation and killing are being carried out systematically in the tarai, which shares an 1800-kilometer-long open border with India. Criminals easily shuttle between the two countries through the unregulated frontier and commit offences with abandon.
At least one person is being killed in the tarai everyday. The armed groups scream for autonomy, but they are driven less by political motives than criminal intent. Sadly, the so-called unarmed “political” forces are condoning the violence being perpetrated by these gun-wielding outlaws. They have reason to stay mute. The theory that the violence will cripple the government and benefit the unarmed political forces will, in fact, ultimately reduce the entire tarai into a state of despair. The Maoists are now paying the price for harboring such ideas, and the Tarai-Madhes Democratic Party and the Madhesi People’s Rights Forum will do so later, if the bloodshed is not checked now. Violence, no matter how political it may look, begets violence and undermines ideology.
The political parties in the tarai must, without delay, condemn the violence being unleashed by the armed bands. They must simultaneously respond to the government’s call for a peaceful dialogue. Ultimately, they can obtain more space through their representation in Parliament than through agitation and violence. The CA poll is the only legitimate body to take them to Parliament.
Following the government’s announcement of the CA poll scheduled for April 10, security has become the paramount concern of every individual. Election, in a democracy, is participation. Better security means greater participation. The sense of the CA election should spread as a national euphoria. Every individual should display daring confidence in the election. Such confidence comes from a strong sense of security.
The CA poll is a must, but various elements pose a threat to it. The parties must prepare a calculated strategy to complete such a challenge-ridden task. Systematic rejuvenation of morale in the police force is the first task of such a strategy. The government must encourage police officers to take action against anyone found breaking the law. However, policemen are complaining that the government has been dissuading them from arresting Maoists on criminal charges. A senior police official told me during a meeting some two weeks ago that the police were compelled to let the Young Communist League (YCL), a youth wing of the Maoists, continue its parallel administration. He said that Home Minister Krishna Prasad Sitaula had warned him that such actions might obstruct the peace process.
The government also should not delay in distinguishing between political and non-political forces in the tarai. Sincere negotiations must be initiated with the political forces and strong action should be taken against the non-political outfits.
The recent news of serial attacks against police posts in Khotang, a hilly district in the east, should be taken with much caution. It indicates the resumption of a bloody war in yet another form. It may be noted that in 1996 when the Maoists had warned that they would launch an armed struggle if their 40-point demand was not fulfilled, Kathmandu had dismissed their threat with a shrug. Had Kathmandu made the right assessment and taken appropriate action in time, we would not have suffered the enormous human and economic losses that we did. A Madhesi-Pahadi conflict may break out in a situation of inadequate security, and every individual should take the absence of security seriously before it is too late.
He said democracy has different definitions for poor and rich people. “Since we fight for the poor people, the wealthy people feel their democratic rights are seized while poor are enjoying their rights,” he said. He also claimed poor and rich can’t entertain the fruits of democracy at a time. “Our democracy is for poor and the rich must compromise with many of their rights,” he said. He claimed that the Maoist party has already decided to establish a communist republic. “Our ultimate goal is a communist republic and we are trying to see if it is possible to establish through election. If we can’t establish through election, we will capture the state power,” he said.
It’s strange to hear from a responsible Maoist leader while the Maoist party has decided to go to CA poll with full force. The leader says nobody should have any confusion that the Maoists will establish a communist republic at any cost.
It may be remembered that Maoist second-in-command leader Dr Baburam Bhattarai had some few weeks ago said the Maoists wouldn’t accept defeat in the CA poll. He had warned that the Maoists can never lose in the CA poll. “If we lose in the CA poll, it’s not the poll,” he had said. It underscores the Maoists’ intention to use the election as yet another strategy to bolster their strength. Dr Bhattarai had said that it’s a conspiracy if the Maoists lose in the poll.
Everybody should seriously take note of these developments before the CA poll takes place.
Speaking at the meeting of Constituent Assembly Management and Monitoring Special Committee of the interim legislature parliament to about the preparations being made for the elections, Home Minister Krishna Prasad Sitaula said that the first phase of the security plan would be implemented from January 29 to February 19, just ahead of the last date for registration of candidature while the second phase would be implemented from February 20 to April 10, the date set for CA.
Similarly, the third phase of the security mechanism would be implemented from the date CA election is held till the “victory rally” organised by the parties who emerge victorious in the polls, he said.
Sitaula also informed that in order to make necessary security arrangements for the upcoming elections 40,000 policemen, 22,000 armed police personnel and 69,700 temporary police personnel (to be conscripted on contract basis) would also be mobilised across the country.
Speaking at the same meeting, Minister for Peace and Reconstruction Ram Chandra Poudel said that the government is committed towards implementing the agreements it signed with indigenous ethnic groups including Madhesis in the past, adding that efforts are on to bring the agitating Terai groups to the negotiating table.
Earlier, the security committee of the Home Ministry had held discussions with heads of all security agencies and approved the security mechanism.
Peace and Reconstruction minister Poudel, who is also the senior-most minister in the Koirala-led cabinet, and Minister of General Administration Ram Chandra Yadav, among others, were also present in the meeting chaired by Speaker Subas Chandra Nemwang.
The committee had also held discussion with Election Commission officials on matters related to the upcoming election.
Chief of UN Mission in Nepal (UNMIN) Ian Martin said the security situation in central and eastern districts of Nepal is not conducive to elections.
Briefing the press at UN headquarters in New York on Wednesday, after the Security Council extended the mandate of the UNMIN for next six months, Secretary General’s Special Representative to Nepal Martin said, “The security situation in districts of central and eastern Terai is not conducive to elections, as armed groups had carried out killings and abductions.”
He further said, “While the government had responded with security measures, it was not just a matter of policing, but also of establishing a political context in which the great majority of marginalized groups would want to participate in the elections.”
He said the government reached an earlier agreement in the Tarai region, but it had not been accepted fully, and a fresh dialogue is now sought. While stating that the 23-point agreement, recently signed between the government and the Maoists, didn’t satisfy the Madhesis, Janajatis, Dalits and other marginalized groups, he said, “The central challenge until the April elections is to address the concerns of marginalized groups through dialogue in order to reach agreement on participation in the Constituent Assembly and to address the security situation in Central and Eastern tarai.”
The UN Security Council (UNSC) is set to pass the proposal, presented by UN Secretary General Ban Ki-moon to extend the mandate of the UN Mission in Nepal (UNMIN) for next six months.
Madhuraman Acharya, Nepal’s Permanent Resident to UN, said, “The member states have principally agreed on the draft proposal, prepared by the United Kingdom, and the Security Council will pass it today.”
In a telephonic conversation, Acharya said the draft has encouraged the political parties in Nepal to take full benefit from the UNMIN within its mandate.
“The draft has also urged Nepal’s political parties to work together in mutual confidence towards holding the Constituent Assembly election in a peaceful manner,” Acharya said.
The draft has expressed commitment to cooperate in Nepal’s peace process.
The mandate of the UNMIN, which was established on 23 January 2007 to monitor the ceasefire and assist in the Constituent Assembly elections, is due to be over by today.
In the first-ever joint meeting for election campaign, leaders of seven ruling political parties on Monday jointly vowed to hold the Constituent Assembly (CA) poll on April 10.
Addressing the joint assembly, coordinated by Nepali Congress (NC) at the Open-air-theatre at Ratnapark, top leaders of Seven Party Alliance (SPA) urged the people not to doubt their commitment.
Sher Bahadur Deuba, senior leader of NC, speaking on behalf of party president and Prime Minister Girija Prasad Koirala, said, “Prime Minister is committed to hold the elections on April 10 at any cost.”
He said there should not be any doubt on holding the poll as scheduled. “Since seven political parties have expressed unity in holding the Constituent Assembly poll on April 10, it will be held at any cost,” he said.
Reiterating commitment to federal democratic republic, Deuba said “We have already bid farewell to monarchy as the latter denied accepting democratic value.”
He said the government has already addressed most of the issues of Madhesi people. “Now they must participate in the election to ensure their right,” he said.
UML General Secretary Madhav Kumar Nepal said the joint assembly is an expression of the parties’ commitment to holding the CA poll on time.
While stating that the parties must admit their mistakes in failing to hold the polls in the past, he said, “If anybody tries to undermine the Constituent Assembly election, they must be exposed to the public.”
He said the parties have expressed strong unity to hold poll as scheduled.
Not naming the Maoists, he said all political parties must abide by the rule of law and honor all the past agreements.
“Similar rallies and meetings will be held across the country to tell the people in and out of the country that seven political parties are honest in holding the poll,” he said.
He also urged the government to immediately initiate a dialogue with agitating groups and parties in Tarai. “Democratic nationalist force should be brought to political mainstream and the disintegrating and regressive elements must be isolated in Tarai,” he said.
Maoist Chairman Prachanda challenged that no any national and international regressive elements can disrupt the CA poll.
Not naming India and America, he said, “The country which has encroached our land and the imperialist force don’t want Constituent Assembly in Nepal.”
Prachanda came heavily against Chief of Army Staff Rookmangud Katawal and said, “Who is Katawal to speak on integration?”
He said the integration of Maoist combatants and the Nepal Army is a political issue and will gradually be settled after the CA poll. “Since we haven’t raised the issue of integration, who raised this issue?, he said, adding, “Since the issue was raised at a time when we were holding our Central Committee meeting, the force wanted us to go back to jungle.”
He claimed that his party will never backtrack from peace process.
While arguing that Maoist armies are for the people, he said, “How on earth, the Nepal Army who served the autocratic monarchy for years can be national army and our armies who shed blood for the people are not the one.”
He said he held separate meetings with army general in the past. “I met with army general in Ambassador and Summit hotels in the past. Why can’t I meet with army general? Are 95,000 armies Katawal’s private property?, he fumed.
Amik Sherchan of People’s Front Nepal, CP Mainali of United Left Front, Prem Suwal of Nepal Workers and Peasants Party and Shyam Sundar Gupta of Nepal Sadbhavana Party (Anandidevi) also expressed their commitment for timely poll.
BY GHANASHYAM OJHA
KATHMANDU, JAN 14
While NC leader Prakashman Singh, on the stage was saying that the seven political parties are committed to holding the Constituent Assembly (CA) poll on April 10, most of the participants, this scribe approached, were dismissing his remarks as trying to fool the people.
Bina Pokharel, 34, of Kharpa VDC-4 in Khotang district, said, “Pahile pani manch bata ta chunab hunchha bhanthe ni (Earlier also they used to say from the stage that the election will be conducted)”.
She said the leaders are good at delivering speech only. “But they never materialize their speech,” she said.
The recently deteriorating security situation across the country and lack of honesty among political leaders have broken Pokharel’s belief on the political parties.
“How can I trust these leaders, who have postponed the elections for two times,” she said, adding, “And they are accusing one another of deferring the polls.”
Pokharel was among dozens of other participants, this scribe approached during the first-ever mass meeting, organized jointly by seven political parties to launch election campaign at Open-air theatre in Kathmandu on Monday.
Upon asking why then she attended the meeting, she said, “I came here to once again observe their commitment. After all, we have no alternative to trusting them.”
She quickly added, “Herau yespali chahi k garchan ki! (Let’s see they may do something this time!)”
Netrabahadur Bhattarai, 31 of Itahara in Morang, seconds Pokharel’s frustrations among political parties.
“I am sure the Constituent Assembly poll won’t be conducted this time again,” Bhattarai, a cadre of Nepali Congress, who was taking rest after chanting slogans for the CA poll, said.
He said he attended the meeting just to listen to the leaders.
Bhattarai accused the political parties of failing to maintain their commitment. “These leaders never do what they say. You can see law and order situation has deteriorated and they haven’t also implemented agreements made with various groups in the past,” Bhattarai said.
Despite his frustration, like Pokharel, Bhattarai said the CA poll must be conducted on April 10. “And nobody but these parties must hold the poll as scheduled,” he said.
While Maoist Chairman Prachanda on the stage was claiming that his party will never backtrack from its commitment to participate in the CA poll, Khim Prasad Pokharel, 35 of Arghakhanchi, said, “There is little hope that the parties will conduct the Constituent Assembly poll this time.”
Peeling oranges in wintry sun, he said, “The Constituent Assembly poll must be held this time. But my trust on these leaders is petering out.”
