Wednesday, May 31, 2006

40 Seats For Maoists, 25 For Others


It might not be a bad idea to expand the size of the House: 40 seats for the Maoists, and 25 for others, like members of the civil society, the DaMaJaMa leaders, youth leaders like Gagan Thapa. The total size would be 270.

Constituent Assembly: 300 Seats Of Roughly Equal Population

That could also be the size of the constituent assembly. One seat for every 100,000 Nepali.

The Maoists want the House dissolved. The seven party alliance is against the idea. The UML wants the local bodies revived. The Maoists are opposed to that idea. So we have to get creative and seek some middle ground.

And we have to remember, this is a short term thing. The real issue is not the interim government. The real issue is the constituent assembly. Let the eight parties prove themselves to the people, not to each other.

Right now the Maoists are missing at the center and the seven parties are missing at the local levels. All eight parties should be present at both the center and at the local levels. The concept of eight party government has to be applied also at the village, town and district levels for the interim period.

But the real challenge is to (1) fast forward the peace talks, (2) hold elections to a constituent assembly, (3) draw up a new constitution, (4) submit it to a referendum, (5) hold parliamentary elections, (6) hold local elections.

Because the all party governments at the local levels will last longer than the one at the center, it actually is more important that the Maoists do their part for the formation of all party governments at the local levels.





After April 1
After April 2
After April 3

International Crisis Group

Nepal: From People Power to Peace?, Asia Report N°115, 10 May 2006
Nepal’s Crisis: Mobilising International Influence, Asia Briefing N°49, 19 April 2006
Nepal: Electing Chaos, Asia Report N°111, 31 January 2006
Nepal’s New Alliance: The Mainstream Parties and the Maoists, Asia Report N°106, 28 November 2005
Nepal's Maoists: Their Aims, Structure and Strategy, Asia Report N°104, 27 October 2005
Nepal: Beyond Royal Rule, Asia Briefing N°41, 15 September 2005
Towards a Lasting Peace in Nepal: The Constitutional Issues, Asia Report N°99, 15 June 2005
Nepal: Dealing with a Human Rights Crisis, Asia Report N°94, 24 March 2005
Nepal: Responding to the Royal Coup, Asia Briefing N°36, 24 February 2005
Nepal's Royal Coup: Making a Bad Situation Worse, Asia Report N°91, 9 February 2005
Nepal: Dangerous Plans for Village Militias, Asia Briefing N°30, 17 February 2004
Nepal: Back to the Gun, Asia Briefing N°28, 22 October 2003
Nepal: Obstacles to Peace, Asia Report N° 57, 17 June 2003
Nepal Backgrounder: Ceasefire – Soft Landing or Strategic Pause?, Asia Report N°50, 10 April 2003

In The News

Prachanda seeks release of Maoist leaders before talks with PM Outlook (subscription), India
EXCLUSIVE-Joy for father as he meets Nepal's rebel chief Reuters AlertNet, UK an emotional reunion when the guerrilla leader made a rare public appearance ..... "My heart was filled with suffocation due to happiness when I saw him," Dahal, a peasant, told Reuters by phone ..... "I was crying with joy inside my heart but I kept smiling outside," he said....... "First, he greeted me and inquired about my condition," Dahal said. "Then he asked about the family. So it went." ..... Prachanda, 52, is the eldest. The rebel chief is married and has three daughters and a son..... Dahal briefly met Prachanda seven years ago..... Maoists have been organizing public rallies across the country ....... On Monday, Dahal sat on a straw mat with Prachanda and had lentils, boiled rice and goat meat for the dinner and spent the night with him........ "There were many guerrillas carrying arms guarding the site during the rally and through the night. ....... "I was with my son. So why should I be scared," he said, when asked if he was afraid of the rebels.
Prachanda says talks will succeed, demands release of leaders Outlook (subscription), India
Maoists set agenda for 2nd round Daily News & Analysis, India “At the next round of talks, we will discuss the formation of a broad democratic assembly that will replace parliament,” Maoist spokesman Krishna Bahadur Mahara said..... While hailing the code, lawmakers say the rebels are continuing extortion, attacks and recruitment in violation of the agreement.
Nepal army, rebels trade blame over peace violations Daily Times, Pakistan “The Maoists are ignoring the code of conduct and continue kidnapping civilians, (indulge in) forcible collection of funds and recruitment,” the army said in a statement........ Krishna Bahadur Mahara denied the guerrillas were forcing people to pay and said army patrols and searches continued despite the code. “The government is seriously violating the code,” Mahara said.
Nepal mulls UN peace process role BBC News, UK
Abide by Code of Conduct, Nepal Home Minister tells Maoists Hindu, India
Nepal Maoists get fresh lease of life CNN-IBN, India
Nepal lawmakers welcome truce code of conduct Daily Times, Pakistan
Nepal, Maoists fix code of conduct CNN-IBN, India
Nepal govt, rebels consider UN-monitored ceasefire Daily Times, Pakistan
Nepal govt, rebels may ask UN to monitor truce Mumbai Mirror, India
Nepal's rebel leader makes first public appearance in decade Zee News, India Prachanda told the crowd that 'we will leave no stone unturned to make the current peace talks a success ..... On Friday the rebels plan to hold a mass public meeting in the capital, but Prachanda is not expected to make an appearance ... as many as 200,000 have been displaced inside the impoverished Himalayan nation.
Nepal Maoists announce agenda for next talks round India eNews.com, India
Nepal Maoists announce agenda for next talks round NewKerala.com, India
India neither endorses nor opposes UN role in Nepal Islamic Republic News Agency, Iran
Rebel extortions breach Code of Conduct: MPs Kantipur Online, Nepal
Nepali, Indian Maoists to create mayhem in Bihar Islamic Republic News Agency, Iran At a recently held meeting in Rajgir, a district in the Indian state of Bihar, Nepali and Indian Maoists sat together and chalked out a blueprint to decrease mayhem in the state. After their success in dethroning the Nepalese king, the Maoists have now shifted their focus to Bihar. Elusive Nepali leader Prachanda himself attended the massive rally of ultra Left outfits from Bihar and Nepal to lay down the roadmap for violent action, including attacks on the state's political leadership and government establishments, a leading Indian English daily, the Pioneer, reported here today. They have also threatened to blow up the state's parliament buildings, the secretariat as well as the official residence of the chief minister and 15 out of 30 targeted police stations within a span of two months, beginning May 29. .... The release quoted Prachanda as criticizing Chief Minister Nitish Kumar and his policies. He has also appealed for an end to the present Bihar regime patterned after the ouster of the royal Nepali rule....... Inspector General of Police Anil Kumar Sinha expressed his ignorance about any such letter or release received by the police from the Maoists. Sinha also declared that the state government had made fool-proof security arrangements in the state.
Joy for father as he meets Nepal’s rebel chief Khaleej Times, United Arab Emirates
Prachanda’s father urges for peace
Nepalnews.com, Nepal
Prachanda in Makawanpur Kantipur Online
Prachanda Appears To Address Public NewsLine Nepal
Prachanda seeks release of Maoist leaders before talks with PM Outlook (subscription)
Prachanda says talks will succeed, demands release of leaderOutlook (subscription)
We are not claiming leading role in interim government: Prachanda
Nepalnews.com, Nepal - May 21, 2006
Prachanda welcomes proclamation
Kantipur Online, Nepal - May 18, 2006
Prachanda asks jailed Maoists to end strike Gulf Times, Qatar - May 18, 2006
King Gyanendra should be ousted: Prachanda NewKerala.com, India - May 20, 2006
Koirala asks Prachanda to allow industries to run smoothly
NewKerala.com, India -May 21, 2006

PM Koirala quits smoking Kantipur Publications The premier's personal doctor Dr. Madhu Ghimire
HoR proclamation on secularism incomplete: Nemwang
Police foil bank robbery in capital; 3 killed in shootout
Trade grows by 24 percent
Prachanda in Makawanpur
Koirala to go to Bangkok for check-up

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Right To Property, Right To Free Speech


Nepal King’s Kin Feel The Backlash The Peninsula At least five people related to the king by marriage have had their land in eastern Nepal captured by irate local people who began distributing it among shanty dwellers ....locals in Khanal and Itahari towns in Sunsari district in eastern Nepal began forcing their way into the property of the king’s two brothers-in-law and three more relatives, asking landless shanty dwellers to come and build their homes on over 100 bighas of land....Suraj Shumsher Jung Bahadur Rana and Uday Shumsher had their land occupied by the landless people who promptly began building on the encroached plot. Three other royal relatives, Padma Shah, Ravi Vikram Shah and Krishna Vikram Shah faced the same fate. A resort in Itahari belonging to the queen’s family — the Royal Resort — has also been forcibly occupied by locals ....The aunt, Princess Helen Shah, her daughter Ketaki Chester and grandson Kapil Rana left Nepal last week, reportedly for Europe.
This is a little alarming. I am not for or against confiscating land for redistribution. But if that is to be done, it has to be done through rule of law. This revolutionary parliament could pass laws to take such actions. But I'd rather wait until the country has a new constitution and a new parliament under that new constitution. Land reform has to be saved for later. To get into that now could easily mess up the rest of our agenda. Things could go seriously wrong.

This particular move though does not seem to have been engineered by the Maoists as a matter of party policy. It seems to be spontaneous action, small scale, and without violence. I am just trying to stay positive here. But we do have to watch for the trickle before it becomes a flood.

If the Maoists were to engage in acts like this one now, that could scuttle the peace process. We could be looking at civil war. And that will mean no land reform, just more bloodshed. We don't want that. I am all for land reform. I just want it done right. We don't want to do it like in Zimbabwe. We have to do it in a way that the economy does not get hurt. We have to do it in a way that the agricultural productivity goes up.

I am for a republic. And I think the king should be able to keep the property he owned before he became king. Let that be a test for our commitment to right to property, which is as fundamental a human right as the right to free speech.

A lot of people do not compare right to property to right to free speech. Especially after the morale boosting April Revolution, there might be a temptation among some to push the envelope. But we can not go against what we fought for. We fought for human rights.

Free speech is not okay only as long as someone only says things you like. Free speech is also okay when someone makes you feel uncomfortable. By extension, the right to property applies to the poor, but it also applies to the rich.

But then I am all for massive investments in education, in health, in micro credit. I am all for land reform. I am so eager, I can't wait. That is why I want us to breeze through peace talks, and the constituent assembly, and a new constitution and a new parliament fast. So we can get down to meaningful stuff like land reform.

Land Reform, Truth And Reconciliation

All Party Government Also At The Local Levels

We should end up with an eight party government at the center, and eight party governments at the local levels as well. More than anything else, it will be a great contribution to the peace process. I see this as a trust building measure second to none.

If the Maoists are to be watched - I don't think they need to be - but if there is a need to keep an eye on them, what better way than to join them to govern?
Who will prevail?: Fight over local bodies NepalNews CPN (UML)—one of the constituents of the Seven Party Alliance—has locked horns with the CPN (Maoist) over the issue of reinstatement of the local bodies that were elected nine years ago ...... the Maoists .... their parallel "people's governments" constituted by them at the local level ...... such bodies could be dissolved after the success of the peace talks between the government and the Maoists...... "Rather than reviving local bodies we can go ahead by forming political units, comprising representation of all political parties," said Sharma. “We have People’s army, People’s Government and Autonomous regions, we are ready to resolve such issues through the process of negotiations” ....... The UML—that had won elections in nearly 60 percent of the seats in the local bodies during the last elections—has also been demanding that popularly elected representatives to local bodies be reinstated through political decision. .......Shanker Pokhrel, a CPN UML lawmaker ..... Pokhrel further added that the issue of reinstatement of local bodies could be discussed during the negotiation table and provision should be made to incorporate the Maoists at the local level as well when they participate in the interim government...... differences like reinstatement of the local bodies should not be blown out of proportions...... 'unseen struggle' between the CPN (Maoist) and the CPN (UML) over the issue of strengthening their organizational bases at the local level. Thousands of local cadres of the UML defected the party after its vertical split in 1998 and joined the CPN (Maoist).
I am not too worried about this political tussle between the two left parties. There is some bargaining going on. There is some posturing involved. That is but normal. I am sure they will hash out the details during the peace talks.

Prachanda Out In The Open
Prachanda in Makawanpur Kantipur Publications Maoist party chairman Prachanda, in his first public appearance since the success of the people's movement, said his party was committed to making the current peace talks a success. The party's second-in-command, Dr Baburam Bhattarai, also appeared in public for the first time since the movement...... Addressing a mass meeting at Chakari of Handikhola VDC-1 in Makawanpur district Monday evening, the two top Maoist leaders warned of a "violent storm" of protests in case the talks fail. ...... although not scheduled, the Maoist leaders addressed the gathering in response to locals' request..... The locals said that the two Maoist leaders have been residing in the area for the last couple of days.
I am glad they are out and about. Prachanda needs to be seriously demystified. I hope he addresses many mass meetings, and gives many media interviews.

As for some of the hot talk, I think they are decompressing after having lived underground for so long. So we should take it with a grain of salt.

Prachanda wants Birendra's property nationalized. I came out saying the same before he did. So I am not alarmed. That also shows his pragmatism. He is not saying confiscate all of the king's property.

I just wish upon both Prachanda and Baburam plentiful media exposure at this point in time.

We are more eager than them to make sure the peace talks don't fail. And it won't fail.

In The News

‘National advisory body should be formed to supervise govt until CA polls’ NepalNews
HoR endorses ‘historic’ proposal on women rights
Koirala to visit Bangkok for health check-up
UN ready to extend help in Nepal peace process: Gautam
Three ex-ministers’ case presented before full court, hearing deferred

India making up its mind on U.N. role in Nepal Kantipur Publications
House approves proposal allowing citizenship under mother's name
Govt has not mobilized army: Home Minister
Defending Secularism in Nepal
Parliamentary committee to monitor truce, code of conduct
SC fails to hear case on three ex-ministers of royal cabinet
Govt to send letter inviting UN
Denmark to provide Rs 2b additional aid
धर्मनिरपेक्षको विरोधमा 'राजावादी'
अस्थिरता ल्याउन आपराधिक गतिविधि तीव्र’
प्रचण्ड र बाबुराम मकवानपुरमा
आन्दोलन दबाउन पाँच सय भिजिलान्ते नियुक्त’
निःशुल्क शिक्षा माग
मुलुक गणराज्य भइसक्यो ः पौडेल पोखरा, जेठ १६ - कांग्रेस महामन्त्री रामचन्द्र पौडेल .... पौडेलले जेठ ४ गतेको संसद्को घोषणाले मुुलक अब नेपाल अधिराज्यबाट गणराज्य घोषणा भइसकेको बताउँदै राजतन्त्र र गणतन्त्रको भ्रममा अब कोही पनि पर्न नहुुने उल्लेख गरे । 'राजा किनारा लागिसकेका छन, कति योग्यताको कति अयोग्यताको प्रदर्शन गर्नसक्छौं त्यो अब हाम्रै हातमा छ,' पौडेलले भनेे- 'कांग्रेस अब प्रतिरक्षात्मक अवस्थामा बस्नुु पर्दैन, अग्रगामी भएर जानेछ ।' माओवादीभन्दा कुुनै पनि कुुरामा कांग्रेस पछि नपर्ने दृढता व्यक्त गर्दै पौडेलले भने- 'पुुरातनपन्थी, सामन्तवादको अवशेषको चिन्ता र ठेक्का कांग्रेसले लिने होइन ।' २००७ सालमा कांग्रेसले गरेको क्रान्ति राणा शासनलाई फालेर शाह शासनलाई जन्माउन नभएको बताउँदै पौडेलले अब मुुलुुक गणराज्यमा परिणत भइसकेको दाबी गरे ।
संसद् विघटन खतरा ः मन्त्री पाण्डे
प्रतिगमनकारीसँग सचेत रहन आग्रह
महतो संसदीय दलका नेता राजविराज, जेठ १६ - सद्भावना -आनन्दीदेवी) को मंगलबार यहाँ सम्पन्न केन्द्रीय कमिटी बैठकले राजेन्द्र महतोलाई संसदीय दलका नेतामा सर्वसम्मत चयन गरेको छ । बैठकले हृदयेश त्रिपाठीलाई मन्त्रिपरिषद्मा प्रतिनिधित्व गराउने निर्णय पनि गरेको छ ।
आचारसंहिताको उल्लंघन
वार्ताका व्यवधान
बहुजातीय लोकतान्त्रिक गणतन्त्र

Tuesday, May 30, 2006

Nepal Janajati Statement From NYC





For Immediate Release: Restructuring the State and Nepal’s Indigenous People

At the eve of annual United Nations Permanent Forum on Indigenous Issues in New York City, a group of prominent adibasi janajati (indigenous nationalities) leaders from Nepal, scholars, professionals, students, human rights activists, and representatives of several adibasi janajati organizations in the US gathered for a day long deliberations at The New School University on May 20, 2006. Thirty participants focused on important contributions that adibasi janajatis have made to the process of democratization since 1990 and especially during the jana-andolan II of April 2006. The group also discussed crucial challenges and opportunities facing adibasi janajati and other marginalized groups such as dalits, madhesis, and women at this crucial juncture. The reinstatement of parliament and subsequent decisions to severely curtail the role of monarchy, declare Nepal a secular state and the promise to hold elections for a Constituent Assembly are welcome developments. However, the group calls for the following measures to ensure creation of a new Nepali state that is truly inclusive, just, and democratic, especially for the adibasi janajatis and other marginalized groups:

  • Promise for Constituent Assembly must be honored with a guarantee for proportional representation of adibasi janajati and other marginalized groups and a concrete time line.
  • Strongly support call for international mediation, preferably by a body like the UN or a credible third party to ensure a peaceful resolution of armed conflict and transparent process of holding Constituent Assembly.
  • An open and inclusive process for the Constituent Assembly must be established. Allow ample time for all sections of society, especially adibasi janajati and other marginalized groups to understand and provide input in shaping the new constitution. The government and international community should mobilize necessary resources to support this critical awareness raising process and ensure maximum participation by Nepali people.
  • The interim government that is responsible for the Constituent Assembly elections must include representatives of the adibasi janajati and other marginalized groups outside the seven party alliances.
  • Nepali citizens living outside of Nepal should be allowed to vote in the Constituent Assembly and national elections.
  • Restructuring of the state must prioritize the interests of adibasi janajati and marginalized groups in Nepal. Various models such as administrative federalism, and ethnic autonomous regions should be carefully explored to redress historical inequities and injustices.
  • Adibasi janajatis must forge alliances with other marginalized groups based on common agendas and work towards sustained political transformation.
  • Last but not least, all groups should acknowledge inter and intra groups inequality and discrimination and work to end it.

For further information contact: Ashok Gurung (gurunga@newschool.edu) and/or Susan Hangen (shangen@ramapo.edu).


Participants:

  • Dr. Susan Hangen, Assistant Professor, Anthropology, Ramapo College
  • Parmendra Bhagat, President, Hamro Nepal
  • Dr. Mahendra Lawoti, Assistant Professor, Political Science, Western Michigan University
  • Manaslu Gurung
  • Arjun Gurung, Vice President, Information Technology, Goldman Sachs and Secretary, The Gurung (Tamu) Society Inc., USA
  • Indra Raj Ghale
  • Dr. Sukh Gurung, Engineer, Schoor Depalma and Advisor, The Gurung (Tamu) Society Inc., USA
  • Mukta S. Tamang, Ph.D. Candidate, Anthropology, Cornell University
  • Janak Rai, graduate student, Anthropology, University of Michigan
  • Basanta Ranjitkar, Activist and participant, Martin Chautari
  • Ashmina Ranjit, MFA, Columbia University
  • Shiva Kumar Rai, Ph.D. Candidate, University of New Hampshire
  • B.K. Rana, Faculty, Harvard University and Nepal-US Indigenous Peoples forum Inc.
  • Bijay Rai
  • Narayan Gurung, President, The Gurung (Tamu) Society Inc., USA
  • Tika Gurung, Vice President, The Gurung (Tamu) Society Inc., USA and City Planner, City of New York
  • Ashok Gurung, Director, India China Institute, and Faculty, New School University
  • Pashupati Chaudhary, Ph.D. candidate, Environmental Sciences/Biology, University of Massachusetts, Boston
  • Moti P. Thapa, Secretary, Langhali Association, USA
  • Shambhu Rai
  • Om Gurung, General Secretary, Nepal Federation of Indigenous Nationalities
  • Giri Gurung, Student
  • Pasang Dorchi Sherpa, President, Himalayan Health and Education Society
  • Ngawang Sonam Sherpa, Executive chairperson, Nepal Indigenous Nationalities Preservation Association
  • Parsuram Tamang, Member, United Nations Permanent Forum on Indigenous Issues
  • Sirjana Subba
  • Makar B. Rai
  • Keshab Ram Rai, Member, The Global Federation of Indigenous People of Nepal, New York
  • Karma G. Sherpa, President, The Global Federation of Indigenous People of Nepal, New York
  • Nagendra Rana, Treasurer, The Global Federation of Indigenous People of Nepal, New York
Adivasi Janajati Talk At Harvard: Photos
Hindus, Chill
What's Wrong With The ANA Convention
Democracy Diwali At The Nepali Mandir
Janajati Sammelan At The New School
Dixit, Lawoti, Tamrat At Asia Society

Democracy Diwali 10 (Audio)

बहुजातीय लोकतान्त्रिक गणतन्त्र

जितेन्द्र देव

देश अब संविधानसभा निर्वाचनको चरणमा प्रवेश गरिसकेको छ । अब यो निर्वाचनलाई कुनै पनि शक्तिले रोक्न सक्दैन । संविधानसभामार्फत लोकतान्त्रिक गणतन्त्र स्थापना गर्ने छलफल जारी रहेको सन्दर्भमा मधेसी, जनजाति र दलित कोणबाट यसबारे बहस चल्नु समिचीन छ ।

संविधानसभा निर्वाचनको बहस दुई पहलुमा चलाउनु उचित देखिन्छ । पहिलो संविधानसभा निर्वाचनको प्रक्रिया र पद्धति । दोस्रो नयाँ संविधानको संभावित रूपरेखा । यस विषयमा बहस सुरु गर्दा अन्तर्राष्ट्रिय अनुभव र उदाहरणहरूसमेत प्रस्तुत गर्न सकिन्छ । तर नेपाली परिवेशमा के राम्रो र के नराम्रो के आवश्यक र के अनावश्यक छ त्यतातिर ध्यान केन्दि्रत हुनुपर्छ ।

संविधानसभा निर्वाचन प्रक्रिया र पद्धतितिर जाँदा यसमा पाँच कुरा महत्त्वपूर्ण देखिन्छन् । पहिलो निर्वाचन क्षेत्र निर्धारण, दोस्रो कुल सिट संख्या निर्धारण, तेस्रो प्रतिनिधित्व सिद्धान्त, चौथो, व्यापक सहभागिता र पाँचौ उम्मेदवारको न्यूनतम योग्यताको प्रश्न । यी प्रश्नहरूलाई सम्बोधन गर्दा अन्तर्राष्ट्रिय लोकतान्त्रिक मापदण्ड र स्थापित सर्वमान्य मूल्य र मान्यतालाई अनुशरण गर्नुपर्ने हुन्छ । यी कुरा विचार गर्दा ठोस नेपाली परिवेश र यथार्थमा उपरोक्त प्रश्नहरूलाई सम्बोधन गर्नु लोकतान्त्रिक हुनेछ । पहिलो निर्वाचन क्षेत्रको निर्धारण भौगोलिक, भाषिक र सांस्कृतिक एकरूपताको आधारमा गर्ने दोस्रो सिट संख्याको निर्धारण जनसंख्याको आधारमा गर्ने तेस्रो प्रतिनिधित्वको सिद्धान्तको हकमा सामुदायिक समानुपातिक सिद्धान्तलाई ग्रहण गर्ने चौथो व्यापक सहभागिताको सिद्धान्तलाई कार्यान्वयन गर्न नागरिकताको प्रमाणपत्र नपाएका नेपालीको लागि वर्तमान प्रतिनिधिसभाद्वारा ०३६ सालको जनमत संग्रहको नामावलीलाई आधार वर्ष निर्धारण गरी ती सबैलाई नागरिकता उपलब्ध गराई यस ऐतिहासिक र युगान्तकारी निर्वाचनमा सहभागी गराउने र पाँचौं उम्मेदवारहरूका लागि निश्चित न्यूनतम योग्यता र अनुभव तथा दखलको मापदण्ड निर्धारण गर्ने ।

संविधानसभा निर्वाचनपछिको चरणमा नयाँ संविधानको खाका के हुने त्यसबारे केही मात्रै भए पनि पूर्वछलफल आवश्यक छ । भावी संविधानको साइनो र सम्बन्ध नेपाली मौलिकता र यथार्थसँग गाँसिएको हुनैपर्छ र महान् आन्दोलनकारी जनताको चाहना, ऐतिहासिक जनआन्दोलनको निर्देशनलाई पालन गरेकै हुनुपर्छ । ती सबै कुरा विचार गर्दा संविधान निर्माता सभासद्हरूले नेपालको भौगोलिक, भाषिक र सांस्कृतिक यथार्थ मनन तथा ग्रहण गर्नु र त्यसलाई संविधानको धारा-उपधाराहरूमा लिपिबद्ध गर्नु उचित हुनेछ । त्यसका लागि केही अवधारणा यसप्रकार छन्-

एक संविधानको प्रस्तावनाको प्रस्थान बिन्दु यसरी सुरु गर्ने— नेपाल भनेको मधेसी र पहाडी गरी दुई समुदायका मानिस सदीऔंदेखि आपसी भाइचारा र पे्रममा बस्दै गरेको साझा फूलबारी हो । दुई व्यवस्थापिका, कार्यपालिका र न्यायपालिका -राज्य) मा सामुदायिक समानुपातिक प्रतिनिधित्वको सिद्धान्तलाई स्थापित गर्ने ।

तेस्रो अलोकतान्त्रिक र जनविरोधी एकात्मक शासन प्रणालीलाई अन्त गरी प्रान्तीय स्वायत्तताको आधारमा पूर्ण संघीय शासन प्रणाली -रक्षा, परराष्ट्र, अर्थबाहेक) स्थापित गरी राज्यलाई समावेशी बनाई पुनर्संरचना गर्ने ।

चौथो वर्तमान एक भाषा प्रभुत्वलाई समाप्त गरी नेपालमा राष्ट्र भाषाको हकमा 'बहुभाषा सूत्र' सुरु गर्ने ।

पाँचौं पोसाक कुनै पनि देशको संस्कृति र जलवायुको प्रतिबिम्ब भएकाले नेपाली मौलिकताअनुसार देशलाई धर्मजस्तै 'पोसाक निरपेक्ष' घोषणा गर्ने ।

छैठौं मुलुककोे जनसंख्यालाई क्षेत्रीय सन्तुलनमा कायम राख्न निर्देशक सिद्धान्तका रूपमा एउटा ठोस राष्ट्रिय जनसंख्या नीति निरुपण गर्ने आदि ।

संविधानसभा निर्वाचनको सन्दर्भमा उपरोक्त छलफल गरिसकेपछि बहुजातीय तोकतान्त्रिक गणतन्त्र बारे पनि केही छलफल गर्नु वाञ्छनीय देखिन्छ । लोकतान्त्रिक गणतन्त्रमा दुई शब्द छन्— लोकतन्त्र र गणतन्त्र । यसको अंग्रेजी अनुवाद हुन्छ— डेमोक्रेसी र रिपब्लिक । यी दुई राजनीतिक शब्दावलीले यर्थाथमा राजनीतिक स्वरूप र संरचनालाई मात्रै बुझाउँछ । अन्तर्राष्ट्रिय समुदायले पनि यसरी नै बुझ्ने गर्दछ । तर नेपाली जनआन्दोलनले नेपाली डेमोक्रेस्ाीलाई मुलुकको राष्ट्रिय स्वरूपअनुसार समावेशी बनाउन र राज्य तथा शासन प्रणालीको पुनर्संरचना गर्न निर्देशन गरेको छ । यस्तो स्थितिमा समावेश कसलाई गर्ने र ती कस्ता खालका समुदाय हुन् । त्यसको प्रतिबिम्ब हुनु जरुरी हुन्छ । नेपाल बहुजातीय र बहुसांस्कृतिक चरित्रको देश हो । यस्तो स्थितिमा वर्तमान डेमोक्रेसीलाई समावेशी बनाउने हो भने यसमा बहुजातीय र बहुसांस्कृतिक स्वरूप प्रदान गर्नुपर्ने हुन्छ । समावेशी अवधारणाको अक्षर र भावना पनि यही हो । यस्तो स्थितिमा लोकतान्त्रिक गणतन्त्रलाई डेमोक्रेटिक, रिपब्लिक मात्रै भन्नु अपूर्ण र आंशिक हुनेछ । यसलाई पूर्णता र सत्यतामा राख्दा यो 'बहुजातीय लोकतान्त्रिक गणतन्त्र' हुन आउँछ । यति भन्नेबितिक्कै त्यसको सार र रूपमा एकरूपता आउँछ र यो राष्ट्रिय-अन्तर्राष्ट्रिय रूपमा सहज ग्रहणीय र बोधगम्य हुन्छ । किनकि यो आफैंमा एउटा राजनीतिक शब्दावली हुन्छ, जसले नेपाली मौलिकतालाई झल्काउँछ । तसर्थ हामीले लोकतान्त्रिक गणतन्त्रमा समावेशी चरित्र थप्नेबितिकै यसको सार बहुजातीय हुनपुग्छ र यसले सबैको समान रूपमा प्रतिनिधित्व खोज्छ । एमाले नेता मदन भण्डारीले 'नयाँ जनवाद' मा बहुदलीयता थप्नेबितिक्कै रूपमा कार्यक्रमको नाम बहुदलीय जनवाद अर्थात् जनताको बहुदलीय जनवाद राख्ो । यस पछाडिको दर्शन, सिद्धान्त र राजनीतिको नेपाली राजनीतिमा व्यापक र गहन बहस भइसकेको छ । तसर्थ वर्तमान सन्दर्भमा पनि यो कुरा अति उचित र सान्दर्भिक छ । त्यसैले अब 'लोकतात्रिक गणतन्त्र' मात्र नभनी यसलाई 'बहुजातीय लोकतान्त्रिक गणतन्त्र' भन्नुपर्छ । अनि मात्र यसले समावेशी अवधारणा, देशको बहुजातीयता र बहुसांस्कृतिकतालाई प्रतिविम्बित गर्नेछ ।

-देव मधेसी राष्ट्रिय मञ्चका कावा अध्यक्ष हुन्)

Nepal As A Cutting Edge Democracy


Nepal As A Cutting Edge Democracy

(sent to NepalNews.com Guest Column section)

The April Revolution was one for world history. During an online chat with Madhav Nepal recently I said as much: Everest, Buddha, April Revolution. It was all over the news on TV and in the print media here in New York City. When I got to meet Governor Howard Dean recently who chairs the Democratic Party I said, "Governor, Iraq has 27 million people, and Nepal has 27 million people. We have to spread democracy like in Nepal, not like in Iraq." He gave an agreeing, beaming smile. Senator Patrick Leahy and Governor Howard Dean are both from Vermont.

Something magical happened in Nepal in April. I can't remember the last time something similar happened in any country. Not in my memory it hasn't. The entire country was completely shut down for 19 days. That is no small feat.

And the revived House has continued with that revolutionary spirit. The House proclamation that curbed the king's power and brought the army under the parliament, the bill by Bidya Bhandari that has empowered the women: these are all great signs of things to come.

The republic question, and the federalism question will also have to be dealt with, if not now then during the run up to the constituent assembly elections. And then is the broad social justice issue as pertaining to the four DaMaJaMa groups, the Dalit, Madhesi, Janajati, women.

A few days back I came out saying all the five million Dalits in Nepal should convert to Buddhism en masse. And why not.

But if I could just put one provision into Nepal's constitution, it would be to disallow political parties from raising private funds. Instead they would get state funds in direct proportion to the number of votes they might earn in a national parliamentary election. They would have to keep all book keeping online.

If we could add this provision, that would turn Nepal into the number one democracy on the planet, more cutting edge than America and India and the rest of them. The provision would move Nepal to the ideal of one person, one vote like no other country so far has attempted.

That democratic architecture will make the political system more responsive to the people and the term human capital would take a whole new meaning. Massive investments in education, health and micro credit would follow. Double digit economic growth might become possible.

The provision will also coopt the Maoist theme of classlessness, and India will come under tremendous pressure to emulate. And once it does, the violent Maoists in India will lose steam, or join the mainstream.

Going by the economic theme, my proposal for federalism sees Nepal having three states of roughly equal population, going by the three river basins, and named after them, Kosi, Gandaki, Karnali, the Governor directly elected by the people.

Federalism will also mean the federal government can finally have a foreign policy of a global reach. Exporting the April Revolution might become a major Nepali foreign policy item.

Direct elections for president with a round two for the top two candidates if no one candidate might get more than 50% of the votes would also turn the Nepali democracy one better than the American democracy. Direct elections for president is a progressive ideal in America nowhere in sight to being achieved.

I think we owe to the April Revolution to design a cutting edge democracy for the 21st century, one that can be exported, emulated by others, one that is the newest incarnation of what a democracy should be.

(Paramendra Bhagat blogs at http://demrepubnepal.blogspot.com)




On The Web

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Bidya Bhandari: Power Woman




HoR endorses ‘historic’ proposal on women rights

The House of Representatives (HoR) has unanimously endorsed a landmark proposal on women rights that allows acquisition of citizenships by the name of mothers and 33 percent reservation to women in all state mechanisms, among others.

A sitting of the HoR on Tuesday endorsed the ‘motion of public importance’ presented by CPN (UML) MP Bidhya Devi Bhandari on Monday. The proposal seeks to end to all forms of discrimination against the women.

Now, with the ratification of the proposal, citizenship certificates can be issued by the name of mothers and women will have 1/3rd share at all levels of the state mechanism. As per existing provisions, citizenships are issued only by the name of father for which identification of the father is mandatory. This had been depriving the children of single mothers from citizenships.

The proposal has also opened the doors for annulment of all discriminatory laws in terms of gender. Women rights groups have been pointing out that at least 139 laws are discriminatory to women.

Talking to state-owned Radio Nepal, Minister for Women, Children and Social Welfare, Urmila Aryal, termed the parliament’s decision as being historic in liberating the women from manifold discriminations.

Minister Aryal further said the government would now have to gear up for adoption of laws on the basis of the proposal endorsed by the House. “After the endorsement of the proposal by the parliament, the government now has the duty to adopt laws to guarantee at least 33 percent women participation in state mechanisms, distribution citizenships by the name of mothers and curb domestic violence.” nepalnews.com mk May 30 06

Power Woman Protest

This is just amazing. This looks really good on the revived House. This looks great on the UML. And this looks great on Bidya Bhandari. It took a woman to take the lead. That same principle also applies to the other marginalized groups, the Dalit, the Madhesi, the Janajati. Dalits more than most have been marginalized.

HoR endorses ‘historic’ proposal on women rights Nepalnews.com, Nepal
Lawmakers discuss proposal for citizenship Gorkhapatra, Nepal

The citizenship issue is also huge for the Madhesi community.

Bidya Bhandari just gave a good reason as to why this revived House should not be dissolved too soon. This is important work.
The revolutionary spirit is very much alive. This shows.

I really dig the 33 percent reservation for women at all levels of government. This turns Nepal into a more cutting edge democracy than even America. In America they really struggle with the idea of Hillary.

Reservations have to be sought also for the other marginalized gropus, the Dalit, the Madhesi, the Janajati.

Personally I am really pushing for the provision whereby parties do not get to raise private funds, instead they get state funds in direct proportion to the number of votes they earn in a nationally held election. And they have to keep all their book keeping online. This is a must for the poor among the electorate. This will really put Nepal on the cutting edge.

Somnath Ghimire 4 (00:41:29)

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Monday, May 29, 2006

Who Will Hold The Constituent Assembly Elections


The question is not if an interim government is to be formed, but when. It is that interim government that will hold elections to a constituent assembly. And the idea of an interim constitution is not that bad either. The country will have an interim constitution while the constituent assembly might work on the next constitution.

Maoists reiterate demand for interim govt, dissolution of parliament NepalNews

But just like the Maoists will not part with their soldiers, the seven parties will not part with their parliament. The seven party alliance needs the safety of the House. What that means is trust building measures have to taken.

One is for the parliament to firmly command the army. The proclamation that was passed to the effect has now to be implemented. The parliament should be able to declare war on the Maoists if need be using the renamed Nepal Army. On the other hand, the parliament should be able to punish any acts of disobeyance of the ceasefire, if there might be any down the line. The parliament should also be able to fire a few generals. And there is no way Katwal should be allowed to succeed Pyar Jung. That just is not happening.

I guess there still is this fear that the Maoists might try to pull a stunt. I don't subscribe to it myself, but I do sense the fear among the democrats.

Audio: Prachanda

Prachanda has said his party's stride towards socialism will still continue, but it will not be through arms. In the 21st century, power flows through the ballot box. So Prachanda's talk of a "transitional republic" is not as alarming as it sounds.

Prachanda's Transitional Republic

I think we should introduce a one person, one vote democracy, the first of its kind, and if Prachanda can then win elections and come up with great health, education, micro credit, and poverty alleviation programs, then all the glory to him.

But we also have to understand, the Maoist leaders continue to face physical threats. That is one big reason why they can not disarm. I am for providing the top Maoist leaders with bodyguards for a few years even after the two armies have been integrated. (Dismantle The Two Armies)

Local Maoist leader killed in Bardiya NepalNews

And the big reason the Maoists want an interim government is because they rightly think they should be sharing power right now. They have been one of the eight parties responsible for the success of the April Revolution. I do give them credit.

I guess Girija has offered to bring in the Maoists into the current government. That is not such a bad plan. As in, the Maoists keep their army, the seven parties keep their parliament, and together they form a government. I don't know what shape the interim government will take, but it is important for both sides to get into each other's shoes, to try and see each other's compulsions, and to not let a few untoward incidents get in the way of the ceasefire. Look at the big picture. The constituent assembly is that big picture.

Members of dissolved Raj Parishad to move SC NepalNews

And if this might gain any momentum, we might as well slap the royalists with an interim constitution right away. And that interim constitution might as well be a republican constitution. It is still possible that the country might end up a republic before it goes for the constituent assembly elections.

Prachanda, Just Another Pahadi

Audio: Prachanda

Prachanda talks about the Dalit, the Janajati, the women and the poor. But I don't think I have ever heard him utter the word Madhesi. I guess the guy is just another Pahadi Bahun. I do think poverty is the primary political issue, but the Madhesi issue is also acute. It is the number one social issue in Nepal because even the Pahadi Dalits are prejudiced against the Madhesi Dalits, Pahadi women against Madhesi women.

Maoism as a political ideology is too focused on class issues to be able to grasp the Madhesi issue. The Madhesi issue is a rather curious thing. You have half the country, 70% of the wealth, and only 5% of the political power. I think this goes on to show if you viciously attack the collective identity of a group, its members end up fundamentally handicapped. They put up with collective stuff that they would not if they came in the form of individual attacks.

मधेशीसँग संख्या छ, शिक्त छैन

In The News

Nepal faces Hindu backlash over declaration as secular state Christian Science Monitor, MA
NEPAL: Grassroots justice makes a difference Reuters AlertNet, UK
Nepal's success mantra: India's goodwill Expressindia.com, India
Top Indian official in Nepal NewKerala.com
US, India of same mind on Nepal: State Dept Hindustan Times
Nepal army pledges to obey new govt CNN-IBN, India Nepal Army Chief, General Pyar Jung Thapa has said that the military would accept the orders of the new government. At his first public appearance since the Nepalese Parliament curbed King Gyanendra's powers including his control over the armed forces, General Thapa said that Nepalese troops were committed to democracy ...... General Thapa further said the 90,000-strong Nepalese Army, considered traditionally loyal to the King, was engaged in "consolidating multi-party democracy and promoting national prosperity by maintaining peace"......
Of the people, by the people Tehelka (subscription)
4 soldiers killed in explosion in eastern Nepal Xinhua, China
Nepal Army committed to obey orders of the govt: chief Hindu, India
Nepal and The Army Deal NewsBlaze
‘Army committed to Nepal government’ Kantipur Online
Nepal Army ready to follow directives of Nepal Government: CoAS ... Nepalnews.com
Nepal's Army Accepts New Government New York Times, United States Gen. Pyar Jung Thapa, said troops were committed to democracy in Nepal. ..... "The Nepalese Army is committed to follow the directives of the government," an army statement quoted General Thapa as saying in an address to trainees at the army's Command and Staff College. ...... On Friday, the government and rebels held their first meeting since 2003, agreeing to a 25-point code of conduct, including a commitment to end provocations and stop using arms to intimidate people.
Nepal govt, rebels consider UN-monitored ceasefire Daily Times
Nepal govt, rebels may ask UN to monitor truce Mumbai Mirror
Rights Activists Urge Nepal Maoists to Abide by Code Nepal human Rights News
Defending Secularism in Nepal Kantipur Online, Nepal

Congo militia kill 1 Nepali peacekeeper, hold 7 Kantipur Publications
Maoists doing homework to make talks succeed
Rebel extortions breach Code of Conduct: MPs
TU Vice Chancellor Sharma resigns
Cross-border criminals on the prowl
SPA fails to finalize HoR Regulations
Control small arms: AI to Govt
Stored toxic waste affects school kids
School kids express Janaandolan-2 through art
SC declines to release ex-ministers of royal govt
ँपरिवर्तनपछि कानुनी जटिलता’
एफएम नवीकरण शुल्क मिनाहा हुने
राजधानीमा दिउँसै बैंक लुट
राजपरिषद्का सामान बुझाउन निर्देशन
खारेजीलगत्तै नियुक्ति
सरकारको निर्देशन पालना गर्छौं ः सेना
कांग्रेस गाउँ जाने
गाउँहरूमा गणतान्त्रिक अभियान
कर्मचारीलाई गाउँ जान माओवादी अनुमति अनिवार्य
दमनकारीको नाम कालोसूचीमा
ँभ्रष्टाचार छानबिन हुन्छ’
तीन दलद्वारा उपप्रधानमन्त्री माग
ँजनसेना सरकारले पाल्छ’
बृहत् राजनीतिक सम्मेलन टाठाबाठाको जमघट'
नक्कली माओवादी पक्राउ
रजिष्ट्रारद्वारा विवरण माग
नागरिकता माग
जयनेपाल र लालसलाम !
प्यारजंगहरूको नयाँ संस्करण
सैनिक नेतृत्वको व्यवहार
ठूला दलहरूको अभिलाषा

Full text of the Ceasefire Code of Conduct agreed between the govt. of Nepal and CPN (Maoist) on May 25, 2006

Preamble:

Respecting the popular mandate expressed through the historic people’s movement for total democracy, progress and peace;

Remaining committed towards the Universal Declaration of Human Rights -1948, and fundamental principles and values of international humanitarian law and human rights;

Remaining committed to fulfil the 12-point agreement between the seven political parties and the Maoists;

Remaining committed towards democratic values including the concept of competitive multiparty democracy, civic liberties, fundamental rights, human rights, press freedom and rule of law;

Guaranteeing the fundamental rights of the Nepali people to participate in the process of constitution making through elections to the Constituent Assembly without any fear, threat and violence;

Placing democracy, peace, prosperity, forward-looking social transformation and freedom, sovereignty and dignity of the nation in the center; and

In order to transform the ceasefire between the Government of Nepal and the CPN (Maoist) into permanent peace and resolve the problems through negotiations, a code of conduct has been issued as follows as per the wishes of the Nepali people:

Guaranteeing fearless civilian life

1. Not to issue any statement or engage in any activities which could provoke each other.

2. Both the parties shall not mobilise, display or use their armed forces in a manner that could spread fear and terror amongst the people.

3. Not to attack or destroy each other’s military or security installations, not to lay down mines or ambushes, not to recruit new people in one’s military and not to spy against each other.

4. Both sides will extend mutual cooperation in order to maintain peace and security.

5. Discussion and understanding will be made as per need regarding the issue of management of arms and armed personnel.

Creating an environment of trust among the people

6. Both the parties will not participate in public meetings, conference or any other political activities in combat dresses or along with arms.

7. No hindrance will be made from either side for political activists and members of social organisations to move around the country and express their views, organise meetings or engage in their organisational works. They will not be subject to any mental or physical pressure.

On basic services to the people and development activities

8. During the period of ceasefire, activities like `bandh’ (general strike) and `chakka jam’ (transport strike) will not be organised, but peaceful demonstrations may be organised.

9. Essential services and facilities to the people will be allowed to operate without any disruption.

10. Not to create hurdles in undertaking regular development works peacefully and other works aimed at people’s benefit.

11. Transportation of items like food, medicines, materials used in development woks and daily utility items will not be obstructed or banned.

12. Both the parties will create an environment for the smooth functioning of schools, colleges and universities, hospitals, health centres and industrial institutions.

Cooperation from media for peace talks

13. Use civilised and dignified language while disseminating information about ceasefire, code of conduct and the peace process and other political activities.

14. Nobody should issue statements through media in a manner, which could hamper the talks and peace process.

Not to collect donation and other financial assistance forcefully

15. Donation or financial assistance in cash, kind or in the form of services will not be collected or mobilised against one’s will.

Release and rehabilitation

16. Accusation, claims or cases filed by both the parties against various individuals will be withdrawn and the detainees will be released gradually.

17. Whereabouts of the people who have been disappeared will be publicised immediately.

18. To help in the rehabilitation of and extend cooperation to displaced people to return to their respective houses in a peaceful, comfortable and respectable manner .

19. Return the properties of the leaders of political parties, activists and civilians, which were seized, locked up or prohibited from being used during the period of the conflict, to concerned persons or their families. Problems arising while returning the properties will be resolved through mutual agreement.

Facilitating the talks

20. No hurdles will be created in the movement and activities of individuals involved in negotiations from both the parties.

Monitoring

21. On the basis of mutual agreement between the two parties, national and international monitoring teams will be asked to monitor the ceasefire.

Miscellaneous

22. Dispute, if any, in terms of interpretation of this code of conduct, will be resolved on the basis of agreement between the parties.

23. In accordance with the spirit of the preamble of this code, amendments could be made in the code of conduct through mutual agreement.

24. To enforce this code of conduct immediately after it is signed.

25. To make the code of conduct public immediately after it is signed.

Signed by:
Krishna Bahadur Mahara
On behalf of the CPN (Maoist)

Signed by:
Krishna Prasad Sitaula
On behalf of the govt. of Nepal