[1] This Paper ‘ Restructuring Post conflict In Nepal’ is presented at the conference on March ---
[3] International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), and Convention on the Rights of the Child (CRC) are the core conventions ratified by Nepal.
Subodh Raj Pyakurel
Chairperson
Informal Sector Service Centre (INSEC),
Asian Forum for Human Rights and Development FORUM ASIA Bangkok
Context
There have been regime changes in Nepal on several occasions through uprisings and organized popular movements. The power shifts from the Rana oligarchy to the king and the political parties especially the liberal Nepali Congress in 1951; the defeat of the party-less Panchayat regime introduced by King Mahendra and its replacement by parties in 1990; and the extirpation of the authoritarian king Gyanendra in 2006 were experienced in the country while being propped up by the people. Following the formal end of a decade long armed insurgency waged by the Maoists against the state on 22 November 2006, Nepal has been undergoing a transition from the authoritarian past to democracy.
The transition to democracy is full of problems and complexities involving various factors and actors. Nepal’s present transition to democracy has also been equally complex; primarily because of the multiplicity of discourses that has surrounded it. The chasm between the political parties has widened. The myopic and shortsighted political society has hyped the change as an end in itself. Neither of the big parties is without internal tensions and contradictions. The Janus-faced Maoists, since their entry into the peaceful democratic mainstream have adopted a deceitful policy by portraying one set of feelings and acting under the influence of an ulterior another. Furthermore, political stalemate in the country has been protracted unnecessarily and undesirably increasing the chances that such stalemate will ultimately polarize the parties as the groups that subvert or co-opt the transition[2]
In this context, this write-up discusses the present transition and restructuring post conflict in Nepal taking multiple aspects into consideration.
Supremacy
All democracies claim that people are supreme. Constitutional provisions, laws and Declarations always put beautiful words on this. Civil and Political Rights Convention has been formulated to make people aware and capable to Realize, Claim, Fulfill and Monitor their Economic, Social and Cultural Rights, envisioned by separate conventions. States incorporate Economic and Social Rights in their Guiding Principles but deprive to give it the status of Fundamental Rights.
Implementation of people’s sovereign rights is the duty of the state; having monopoly over the power and arms to execute and maintain law and order. Law and order are formulated to protect the people by serving their wants. Government defines this duty as Security.
Security
For the people, development is a social paradigm which gives equal and broader opportunities to all. They love and respect their social life and livelihood, their culture and heritage.
For the state, development is first and foremost, a revenue generating business that serves to interlink the demography with economic development. Opposition to any interference is crushed with force. We have seen that courts define the ownership of Land to the aborigines but minerals to the Government. With the power to dig, the state digs into mines and claims valuable resources; ignoring the ownership of the farmer.
Value of life
State has its security organs; the Police, Military and related institutions to implement its monopoly over the power. To avoid any challenge they intermingle the opposition to any policy with a threat to security. Defining the severity of the situation and necessity of the deployment of forces is the sole authority of the states. There is no concrete and wholesome legislation to guide and monitor state rule on the basis of Human Security. Life, Liberty and Dignity are the core values of Human being, a qualitative Citizenry. Human Civilization has been struggling to establish the value of life, a qualitative citizenry which respects and protects the wholesome character of life and livelihood of the people.
Such state authority gives rise to the challenge to establish Accountability from peoples’ perspective. Nation builds the state but the state grabs the nationalities.
Politics of today
Hatred, Division, Mistrust and marginalization has become the easiest tool to fool the people. Maintaining the status quo is much easier than changing the society and social relationships for the making of equity based society. This is a Political luxury, which allows the state to not confront new ideas; instead the rulers seem to prefer to take a backseat and let things remain as they are. .
Inevitable outcome/Lesson to be learnt from Nepal
After 40 years of the King’s direct rule under the Party less Panchayat System, in which the King was above the constitution, and fundamental rights of Organization, belief and expression were controlled; Nepal achieved a Multi-Party Democracy in 1991. This was the direct outcome of the peoples’ movement. A new constitution was promulgated guaranteeing all fundamental rights to the people and making the country compatible on account of a modern democratic state. Nepal ratified important UN Conventions; ICCPR, ESCR, CEDAW, ICERD, CRC, CAT etc.[3]
Economic rights were incorporated in the Guiding Principles of the state. A new era and wave of awareness, assertiveness and a demanding generation started to emerge. The new democratic state focused on Human and Capital infrastructure. Education, Health, Drinking water, Roads became the priority of national politics. Media freedom and expansion covered every nook and corner of the society, from remote to urban settlements. People organized behind political parties. Long time paralyzed state structure, weak rule of law, persistent culture of discrimination and feudal values were still dominant in the society and quite often represented within the political structure and leadership. Quest for equity and greed for power clashed within and outside state and party structures. For the leaders, power was dominant whereas for the people, Justice and Service were important. Monarchy was made constitutional but commanded respect and influence over the structure; namely the Army and the Bureaucracy.
The first general election held in 1991 under first-past the post (FPP) system constituted a parliament consisting of NC (Nepali Congress) moderate democrats, UML (Unified Marxist Leninist) Marxist party believing in non-violent means of social reform, UPF (United people’s Front) Radical communists, RPP (National Democratic Party) believers in active guidance of Monarchy and several other groups representing Regional interests e.g. NSP (Nepal Sadbhavana Party) representing the Terai Region of Southern plains and close to the Indian establishment. Nepal had already adopted a restructuring policy of the World Bank and the Asian Development Bank from the year 1985 onwards. After 1991, adoption of free market policy and abolishment of the license regime, were incorporated at a faster pace. Subsidies were taken back. It was an era of radical privatization. Government corporations were privatized. Private schools and hospitals were encouraged. State was shrinking from the daily life of the people leaving them helpless at the mercy of the market. Sources of awareness; Education, Media and Transport were spreading but basic services which were needed and felt more by general public were shrinking. It brought the contradiction to its height in this period.
In the year 1996, the radicals formed (CPNM) Communist Party of Nepal Maoist, currently Unified Communist party of Nepal Maoist (UCPN) and launched an armed struggle against the state maintaining the theory that the parliament System is designed to outcast the poor and protect all forms of feudal and imperialist exploitation. They put all forms of discrimination into the basket of the political system. There was no mentioning of the role of social reform movements and/or the implementation of the rule of law in letter and spirit. The sole aim was to capture the state and run a single party proletariat dictatorship in the tune of Peru’s Signing Path and/or China or Soviet revolution. More than 13 thousand people were killed, Land and houses of thousands were captured by the Maoists, thousands were displaced and so were also the numbers of the disappeared and the wounded. Local and national infrastructures were demolished. Democracy had to suffer a big setback as elections could not be conducted on time. To crush the insurgency, the Army was on the move. The expired parliament was crippling. Local leaders had to leave the place. And in this vacuum, the King took over the regime in the year 2005.
After the 2005 episode, all mainstream parties and underground Maoists realized the importance of their unity against abolishment of the Monarchy for once and for all; the monarchy which had forcefully captured the first elected government in the year 1961 and imposed a Party less Panchayat System till the 1990 movement established a multi-party democracy. That was a father’s crime and the current one was the Son’s action. Realizing the need to abolish Monarchy, as a representative of Feudalism and the main barrier to progressive changes, they unified to struggle jointly through a peaceful movement. In the year 2006, the new movement succeeded with wider participation of society, media and international support. The dissolved parliament was reinstated and election was conducted to form a constituent assembly (CA). The CA election result gave the highest number to UCPN (Maoist) UCPN. Second largest was NC and third position to UML. Monarchy was abolished and a process of drafting the Federal Democratic constitution is in process and progress.
Methodological context
CA was entrusted to promulgate a new constitution by 2009 but in spite of extending the tenure by two years, it still seems very difficult to complete the task within the extended deadline of 2012 June. There are several reasons for contentions. In principle, a formal agreement has been made in the interim constitution to reform Nepal as a Federal and secular Country. There is a wider agreement on seeking progressive changes in the field of Economic and Cultural developments. There is no dispute on formulating affirmative policies for equitable development.
Development for the people from human rights activist’s perspective
· Enjoyment of freedom.
· Sense of security.
· Equality in opportunity.
· Access to capacity development.
· Meaningful participation.
While practicing Human Rights for Development of people I realize FIVE aspirations and a strong commitment of the people to fight for:-
i. Progressive Change for better future.
ii. Protection of Freedom for dignity and choice.
iii. Inclusive Politics for recognition and respect.
iv. Good practices for development of culture of equality and equity.
v. Human Rights, a fundamental principle to guide the nation in all situations.
The reality
The fighting partners; state and the Maoist are a hostage of their past. The rulers of past, till 2005, remember their blunders. Maoists realize their atrocities against people and destruction of infrastructure. Their cadres want to see a golden change in their life with the authority. Both have to rule the nation with a rule of law, fulfillment of international commitments and a diplomatic balance. In the past, all strategies of war were deemed valid under the political cover. Currently every step needs a logical and legal infrastructure. People are unable to believe their leaders. Adivasi, Dalit, Women and segments of backward section want to see immediate and practical transfer of political power. Ethnicity has become a major challenge. We cannot avoid our history of discrimination but we cannot also avoid the fact that Nepal is a country of mixed population where any single group does not command absolute majority in any district. Currently three major issues of contention have become prime hurdles: State Restructuring, Governance System and Army Reintegration.
Conclusion
Nepali experience of the democratic movement has marked indispensability and inter-relatedness of democracy, human rights and peace, and established that they serve as three pillars of an inclusive democratic system. Enjoyment of democracy remains merely an aspiration of the people without democratic governance. Similarly, without peace, meaning of democracy is just limited to 'paper' and that again cannot uphold the aspiration of the people. Peace, as an inherent part of social life, should always reflect justice and sustainability. Relative phenomenon of peace, however, does not merely signify absence of conflict rather embarks an environment where the space for enjoying democracy and taking part in democratic process are valued.
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Bibliography
Human Security Initiative (HSI), http://www.humansecurityinitiative.com
United Nations Office on Drugs and Crime (UNODC), http://www.unodc.org/unodc/index.html?ref=menutop
UN ACTION TO COUNTER TERRORISM, http://www.un.org/terrorism/instruments.shtm
Mr. Subodh Raj Pyakurel
· Chairperson of Informal Sector Service Centre (INSEC), Nepal, Asian Forum for Human Rights and Development (FORUM-ASIA), Thailand and Human Rights Home (HRH), Nepal.
· Executive Member of South Asia Forum for Human Rights (SAFHR)
· Convener of NEMA (National Election Monitoring Alliance) and NCICC (National Coalition for ICC), Nepal.
Contact: +977 98510 26841 (Mobile), +977 1 4278770 Ext:-109 (Telephone) and insec@insec.org.np or subodh.freenep@gmail.com. Skype: Subodh.freenep.
Paper for:
International Seminar on Human Security in Northeast (India),
Indira Gandhi National Tribal University,
Regional Campus, Manipur.
March 2-3, 2012.
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