Monday, May 29, 2006

Somnath Ghimire: Why Republic


Our demand: Republic of Nepal, Why?
By: Somnath Ghimire

We are searching for that Nepal, once used to be the only peaceful country in the world that is still hopeful, active, committed to a better world, and involved more in the needs of the world community. We want to see greater pride and respect for our nation, as a result of seeing greater use of other institutions to help achieve a greater standard of living and freedom.

Now the time has come to consider for a non violence revolution to make Nepal, a republic state. We're ready--and yearning as a country--for republican democracy that promotes civic responsibility, community-based solutions, public-private partnerships, socially responsible businesses, a more sustainable environment, and a greater reliance on rule of law and human understanding to improve our lives and the lives of those who we share the world with. Not a party of special interests, but a party of all interests. There's an old saying that, "insanity is repeating the same process over and over and expecting a different result." We have a choice about whether we're going to suffer the same problems and concerns every decade by relying on the same Monarchy System. We don't have to. It's time to organize a national poll for the Constituent Assembly in Nepal on the national ballot.

Political parties and the electoral horse races scarcely matter. They are simply the illusion of democracy, a circus for the masses. Superficial reform and eternal tinkering will never fix the problem. The problem is not who populates our government. The problem lies in its design, its structure, and the distribution of its powers and the power hungry leaders. The solution, the only possible solution, to our many problems is to redesign the system of government with republican set up. "Republican Democracy" offers a true democratic process called consensus democracy and other alterations to our government and society designed to move us beyond our current plutocracy, creating a more perfect union possessing greater justice, freedom and happiness for every citizens of Nepal.

One of the most basic Democratic Principles is that Each and Every person is of equal value. A Social System can not guarantee “Individual Freedom” unless it can guarantee Individual Equality which prohibits individuals being sacrificed for the group. When each and every person is of equal value then Persons become the ultimate value and human rights take precedence over property rights or any other consideration.

In a republican democracy, it guarantees individual rights through the process of social contract. We affirm our own and guarantee the same to other members of the group. Effective political empowerment, participation, and responsibility are utterly lacking in the current system of governance. Late Ganesh Man Singh, our supreme leader had said, "the end result is a general public best described as clueless, powerless sheep easily manipulated, managed, and shorn of their wool". But now we are in the 21st century and we know what we want for the betterment of future nepali generation. We don’t want to be fooled anymore. William Penn said, "Let the people think they govern and they will be governed," but just other way around in Nepal, "Let the people think they have democracy and they will never seek it." Most people today have little or no understanding that Nepal and all of the other so-called democracies in the world today are not truly democracies but plutocracies.

Voting and elections in and of themselves do not constitute Democracy. Democracy is and can only be widely distributed real power within the hands of the entire public. Voting for people you hope will later represent you is not real power. Real power is and can only be one's taking direct action upon something or action resulting from one's directly voting upon society's most fundamental issues.

Having only experienced the meaningless, powerless 'elections' of today and never having participated in a true republican democracy, even of a limited sort, Nepalis have no idea that they are not participating in a true democracy or what even constitutes one. We will have to learn democracy from the ground up. Democracy and politics should be taught both in their highest ideal and in their lowest, foulest practices. Nepalis people have been deliberately excluded from sharing power in the Nepalis political process and have been allowed and even encouraged to sink into a state of ignorance and apathy. According to Paul Valerie, "Politics is the art of preventing people from taking part in affairs which properly concern them." That they may begin to participate in the affairs which properly concern them, the Nepalis people would have to learn what a true democratic process is and how to participate in it.

We can rule out violent, bloody revolution. It only brings new tyrants, new plutocrats. We can also safely rule out change from above. The privileged elite who originally created and who today still populate our government have had more than 45 years to introduce at least some measure of true democracy into our society and have not done so. The change must come from the people at-large, from "we the people."

The people's race is already caught up within a great April revolution; the republican revolution. Nepal is not a true democracy. It possesses merely the illusion of democracy, a little game to hide from the people their true circumstance, their powerlessness and enslavement. The Nepali people have never participated in a true democratic process in which they held real power. The voting and elections that take place in Nepal are meaningless exercises in futility. It does not matter which wealthy or wealth-serving people are carefully selected and groomed by the powerful few and presented to the people for election to office. The current power structure and political-economic order, the current system-governance by opportunists-always remains in place. In their believing what we have today to be democracy, the Nepali people show that they do not understand what democracy really is, unless the current government announces a date for Constituent Assembly immediately. We say sooner the better.


Somnath Ghimire, Family, Friends
Somnath Ghimire: Open Letter To Deuba
Somnath Ghimire: King G Is Pinochet
Somnath Ghimire On Leadership Crisis In Nepali Congress


DHANGADHI, Nepal - Sharad Singh-Bhandari says his younger brother was teaching at a boarding school in western Nepal in 2001 when a squad of Royal Nepalese Army soldiers came to the school and asked for him.When Singh-Bhandari's brother appeared, they tied one end of a rope around his hands and the other to the back of their truck. After dragging him for a distance, they stopped, untied him and shot him dead in front of the crowd that had gathered. Then they simply drove away.Someone, says Singh-Bhandari, had told the soldiers that his brother was a communist."I've had many brothers killed by the army," says Singh-Bhandari. "But this was the only one connected by blood."Sharad Singh-Bhandari on the Communist Party of Nepal's philosophy

Singh-Bhandari looks crisp and fresh despite the wilting heat of the western plains. He wears a signature white shirt and square frameless glasses that look more Munich-hip than rural Nepal. Though born in western Nepal, he studied commerce at a university in Katmandu.He has been a member of the Communist Party of Nepal (Maoist) since he was 15 years old. Now, at the age of 30, he is one of ten top regional leaders in the country as the Secretary of the Seti Manhakali Bureau, in far west Nepal, near the border with India.

He says all of his time is spent working for the party, especially now that the Maoists have formed an alliance with seven other political parties, in the aftermath of mass nationwide protests that forced the autocratic king of Nepal to cede power back to a parliament he dissolved in 2002.

The Maoists have put forth a 12-point "Roadmap for Peace" for Nepal and are pushing for the election of a new constituent assembly. They're also calling for their full political integration into a new government and for the military integration of their estimated 20,000-strong People's Liberation Army into a new Nepalese national army.

I sat down to talk with Singh-Bhandari in the courtyard of the Biyad Hotel in the small western Nepalese town of Dhangaghi. We discussed the recent Peoples' Movement, the Maoists' role in a future government, and their adherence to a Maoist communist philosophy in the 21st Century. The following is a partial transcript of the interview.

KEVIN SITES: What role did the Maoists play in the Peoples' Movement, in which Nepalese citizens took to the streets to demand democracy, with the result of nearly two dozen being killed and hundreds wounded, but also the king ceding power back to the parliament he had formerly dissolved?
SHARAD SINGH-BHANDARI: It might seem that the king's been pushed back a few steps, but the realities are actually much different. Many of his concessions are a direct result of the ten-year-old peoples' war we've waged. The Peoples' Movement, the historical 19-day struggle in Nepal, did play a key role, however, in forcing the king to realize he can't hold power anymore. Our role was very strong during that struggle and if we weren't present, the king would not have taken the steps he did.Our 12-point "Road Map for Peace" is an example of this. We've made our voices heard. Had we not reached agreement with the other political parties we would not have seen these kind of changes in the country we see today.

SITES: Beyond bringing back parliament, what do you want to see happen?
SINGH-BHANDARI: We are saying that democratic republicanism is necessary to bring back peace in Nepal. But the seven-party alliance seems they are satisfied with just bringing back parliament.We (the Maoists) believe we should move forward with the election of a constituent assembly after the formation of an interim government.

SITES: Would the Maoists be satisfied with just being part of that elected assembly or would you, as some fear, want to establish a single-party system?
SINGH-BHANDARI: We want a democracy. No imperialistic powers should be under the illusion that Maoists want a one-party dictatorship.What we are trying to give Nepal is a new concept in that context, especially in the face of the overwhelming influence of imperialism in the world.

SITES: What new concept?"We are trying to bring a new system that will bring security for all."
SINGH-BHANDARI: First, no people around the world should feel the international pressures from imperialist powers.Second, we want to present another economic solution to the new market orientation which has created problems for people, such as the International Monetary Fund and the World Bank, which is just collecting money centrally and making poor people even poorer.The final point, and most importantly, we want to implement Marxism, Leninism and Maoism so we can have real social justice in Nepal.

SITES: How will that bring about social justice?
SINGH-BHANDARI: Marxism, Leninism and Maoism give people a different solution after domination by a market-oriented society.

SITES: But the 20th Century is filled with failed communist states. And in this century, North Korea's people are starving and China has fully embraced capitalism in all but name.
SINGH-BHANDARI: There's an illusion that there's a communist system in North Korea, China and Cambodia. There's no communism in these countries though the world thinks so. But the base of the development of Russia was established under Lenin and Stalin.And Mao provided the real basis for the development of China, with his polices before 1976.The current reformists that are revising China's policies are a deviation from the real communism. We have learned from that and have to implement the original Marxism in a new way.That is why our ten-year's people war has been successful.

SITES: But why model yourself after movements in which millions were killed, both under Stalin and Mao's Cultural Revolution?
SINGH-BHANDARI: That's a fraud. That's a kind of defaming of communism — the massacres of Tiananmen Square were done in the name of communism but it was not communism. As far as the Cultural Revolution, it was good since it was only the rich that were dealt with.

SITES: People were killed for completely negligible reasons.
SINGH-BHANDARI: No, people weren't killed during the Cultural Revolution, but yes, during Tiananmen.

SITES: People were killed during Mao's Cultural Revolution. A member of my staff's own father was killed as a result of the Cultural Revolution. But I think the point here is, once in power, will you use violence to achieve your social goals and economic goals?A brigade of Maoist rebels in western Nepal
SINGH-BHANDARI: There were limitations during those times (Stalin) and you can't find examples of so many people being killed during Mao. But after Mao there were leaders and rulers that carried out those actions. And [during the] time of Stalin more people were killed because of the Second World War.But our party in Nepal is moving ahead, reforming and learning lessons from those past limitations.

SITES: So you're saying that the middle class, the educated and businesspeople don't have anything to fear from your potential participation in a new government?
SINGH-BHANDARI: No one should fear — not the middle class, not the higher class, not even capitalists — just the feudals. What we are trying to bring is the new system that will bring security for all, even the middle class and capitalists. Security for everyone.

SITES: By feudals, who are you referring to?
SINGH-BHANDARI: In context to Nepal, this deals with the monarchy and powers associated with that.

SITES: How will you deal with the monarchists in the advent of real democracy in Nepal?
SINGH-BHANDARI: We will do what the Nepalese people demand and what our party requires, although that hasn't been determined yet.

SITES: In this ten-year civil war, international monitors say there have been numerous human rights abuses, both by the Royal Nepalese Army and by the Maoists.Do you agree with this assessment and do you think there should be a truth commission like the one set up in South Africa, post apartheid, to investigate these cases?
SINGH-BHANDARI: Absolutely. We believe the abuses that have occurred on our side were not a matter of policy but have been done by individuals acting independently. However, we think all the allegations of human rights abuses, including those by the feudal forces (Royal Nepalese Army) should be investigated.

SITES: What about the land that the Maoists have seized from individuals in the course of your rebellion?
SINGH-BHANDARI: All the land that has been seized will be returned, with the exception of feudalists, and those owning more than 100 acres. We will return them all.

SITES: What about the so-called "donations" the Maoists have extracted from the population — what others call extortion — to support your cause?
SINGH-BHANDARI: We have formed a separate government and a separate army. People will be influenced by the policies of that government which requires funding.We don't have a policy of terrorizing people by extorting money from them forcefully. But we do have sister organizations that collect from people willing to support us. For example we recently raised money for those injured in the Peoples' Movement.

SITES: How optimistic are you that the democracy movement will take root and that there will be peace in Nepal?
SINGH-BHANDARI: We are very hopeful that the seven-party alliance, along with Maoists, will move ahead successfully, but only if there is no interference from foreign powers and the palace (the king). We will be able to establish a democratic republic in Nepal.But if there is interference in the form of a coup, the first step will be to take to the streets again in peaceful protests like we did during the Peoples' Movement. After that we have to see what happens.

SITES: When you say "interference from foreign powers," the Maoists usually seem to be referring to the United States. What's your concern there?
SINGH-BHANDARI: America has been supplying the feudal forces (Royal Nepalese Army) with arms, training, vehicles, petrol, for years. Without that, our forces would've defeated them years ago. The American people and foreign people should understand, Nepal wants peace and the army doesn't need more arms.

Somnath Ghimire, Family, Friends










Audio

Somnath Ghimire 1 (00:19:13)
Somnath Ghimire 2 (01:01:03)
Somnath Ghimire 3 (00:07:41)
Somnath Ghimire 4 (00:41:29)
Somnath Ghimire 5 (00:02:30)

Somnath Ghimire 6 (00:00:30)
Somnath Ghimire 7 (00:33:38)
Somnath Ghimire 8 (00:01:50)
Somnath Ghimire 9 (00:08:25)
Somnath Ghimire 10 (00:09:59)

Saturday, May 27, 2006

Hamro Nepal Has Three Goals


(1) Democratic Republic in Nepal.

We can do that as a pressure group, but if we have to we should be willing to launch a political party. For the short term, we should work to expand our membership.

The April Revolution Asks For A New Political Party

(2) Double digit economic growth in Nepal.

I think it is very possible. If democracy is superior to the other ideologies, Nepal should be able to grow faster than China. And I think it can. Two things to offer:

Proposed Republican Constitution 2006
Think Tank

(3) Political Empowerment of the Nepali diaspora.

Democracy Diwali 10

I mean voting rights for the 100,000 Nepalis in America. And I mean in America. The blacks earned it half a century ago. The whole thing has to be a package deal. There is this guest worker program being talked about, the idea of earned citizenship for the 11 million "illegal" immigrants. But I get the impression the white males on the Hill are not being creative enough. They are not getting globalization, they are not getting the 21st century. They are not doing their economic analysis.

Immigrant Power

No taxation without representation. If you pay taxes, you should be able to vote. That has to be the bottomline. And the Nepalis are small in number. But we can hope to lead if we can turn Hamro Nepal into the glow it deserves to be. We can infect the immigrant community with our digital democracy concept to truly empower them during the struggle itself.

For the short term the idea is to get a resolution passed at the ANA Convention in July. But I am worried there has not been enough open discussion on the topic. There is not one mass based Nepali organization in America. Not one. Show me an organization that has 5,000 members all of whom directly elect the organization's president. It simply does not exist. That is a gaping hole.

For now let's work on the wording of the resolution.

Hamro Nepal Will Not Be Registered
Hamro Nepal: Free Membership
Hamro Nepal: Membership Drive
Hamro Nepal, Latest
Hamro Nepal: Draft Constitution
Organization: Hamro Nepal
Your Many Identities


All Dalits Should Convert To Buddhism En Masse

Give up on Hinduism. The Hindus are not about to change. The caste system will stick around. Turn Hinduism into a three caste religion instead of a four caste one. Convert en masse. I recommend Buddhism as a Buddhist myself. Pull the rug from beneath the feet of the Bahuns.

I don't get it, the whole thing about Dalit rights. What is the idea? Is the idea to reform the caste system? You can not reform something that is wrong in its entirety. You can only abolish it, if you can. But if you can't, you either reject it, or put up with it.

Is the idea to appeal to the good side of the high caste folks? They don't have a good side, at least not on the caste issue they don't.

Is the idea to keep the four castes intact, but somehow achieve equality among them? That is highly imaginary. That is not going to happen. The caste system is by definition a hiearrchy. Water is wet. How do you work and turn it dry? If you want to get dry, get out of the water.

I think all Dalits should get organized into one organization or the other, this or that, and form an umbrella organization of all their organizations, and build a coalition with the Adivasi, Janajati, Madhesi groups. And write to the Dalai Lama or something. We are 20% of the country, about five million people, and we just passed a political resolution that we all would like to convert to Buddhism en masse. Can you please help with the process? Something like that.

I am serious.

You can only reject the caste system. There is nothing else that can be done with it. And if you have to reject a religion in the process, so be it.

Hindus, Chill
What's Wrong With The ANA Convention
Janajati Sammelan At The New School
Dixit, Lawoti, Tamrat At Asia Society

मधेशीसँग संख्या छ, शिक्त छैन
Prakash Bom For Strong Districts
Internalized Racism Among Nepalis In NYC
The April Revolution Asks For A New Political Party
No Short Cuts: Madhesis Will Have To March
Madhesi Rights: Total Equality
ितमीले देखाइ िदयौ
18 Days Of April Revolution: Victory


On The Web

Dalit Freedom Network: ABOLISH CASTE ≡ NOW AND FOREVER
National Campaign on Dalit Human Rights (NCDHR)
Dalit Christians
Dalit (outcaste) - Wikipedia, the free encyclopedia
International Dalit Solidarity Network
Dalit Welfare Organisation (DWO)
RELIGION AND DALIT IDENDITY
A Dalit
DALIT SENA Homepage
Edwon - Home page
DNF
Dalit - Wikipedia, the free encyclopedia
Dr. Babasaheb Ambedkar and His People
Dalit Voice - The Voice of the Persecuted Nationalities Denied ...
A Dalit Bibliography
nepaldalitinfo- nepal dalit information resources
Dalit Rights and Issues Home Page
Dalits - Gospel For Asia
<<>Dalit Issues Home Page>>
World Dalit Conference
Dalit Welfare Organisation (DWO)
Dalit Solidarity
Dalitstan Organisation Homepage
India Caste System Discriminates
DALIT WOMEN: The Triple Oppression of Dalit Women in Nepal
Dalit poems: Presented by dalitindia
Dalit foundation - Accelerating change for equality
Dalit Gurevich
Badges of Color
Home Page
Amazon.com: Dalit: The Black Untouchables of India: Books: VT ...
DSiD - Dalit Solidarität in Deutschland
Christian News, Updated Daily - Christian Today > Christian Dalit ...
Googlism what is dalit
DALIT SOLIDARITY NEWS
Dalit: The Black Untouchables of India
outlookindia.com
Dalit Netwerk Nederland (DNN)
India Dalit Leader’s visit to London cancelled after arrest ...
Social Research: The dalit in India - caste and social class
FEMINIST DALIT ORGANIZATION
Dalit Solidarity Peoples: The Vision
Dalit writing makes its mark | csmonitor.com
BBC NEWS | South Asia | India mourns Dalit ex-president
Category List --- Religion-Online.org
DBLP: Dalit Naor
The Mathematics Genealogy Project - Dalit Baum
Attacks on Dalit Women: A Pattern of Impunity - Broken People ...
Dalit Freedom Network | Stylegala
Dalit Human Rights
[PDF] UN Sub-Commission on the Promotion
Police Arrest Indian Christians Over Dalit Conversion ...
IMC India - WSF Songs of Dalit Resistance Part 2
Terai Dalit Women - Violation of Political Rights
What is the Dalit/OBC voice on quotas? Tell us!
Dalit villagers accuse Forest Department of forcing eviction
www.dalitwarshaw.com *** DALIT WARSHAW'S HOMEPAGE ***

BBC Nepali Audio: कृष्णबहादुर महरासंग-24.05.06
Audio: Prachanda

Adivasi Janajati Talk At Harvard: Photos


















Hindus, Chill
What's Wrong With The ANA Convention
Janajati Sammelan At The New School
Dixit, Lawoti, Tamrat At Asia Society

मधेशीसँग संख्या छ, शिक्त छैन
Prakash Bom For Strong Districts
Internalized Racism Among Nepalis In NYC
The April Revolution Asks For A New Political Party
No Short Cuts: Madhesis Will Have To March
Madhesi Rights: Total Equality
ितमीले देखाइ िदयौ
18 Days Of April Revolution: Victory

Video: Sakewa Celebration

In The News


Janamorcha Nepal splits up NepalNews
Government forms task force to implement Working Journalist Act
Govt., rebels sign 25-point code of conduct; agree to invite int'l team to monitor ceasefire over five-hour-long marathon talks ...... a 25-point code of conduct ...... cease all types of military activities during the period of ceasefire...... agreed not to call 'bandh' or transport strike throughout ceasefire. ....... rallies and meetings could be organized peacefully ...... agreed not to create any obstructions in the movement of medicines, food, construction materials meant for development programmes and goods for daily consumption...... no donations would be collected, whether cash or kind, through coercion....... agreed to make public whereabouts of "disappeared people," help displaced people to return to their villages and release the detainees gradually...... agreed to involve national and international team in the monitoring of ceasefire "on the basis of mutual consensus." ....... doesn't specifically mention whether the international monitor would be the United Nations or any other international agency....... may be amended on the basis of mutual consensus........ peace negotiations would continue and date and venue of second round of talks would be decided through mutual consultation....... at the deluxe Le Meridian hotel cum resort at Gokarna
Revival of local bodies unacceptable: Maoist leaders

Visitors

Page views yesterday335
26 May07:52KympNet, Finland
26 May08:23General Services Adm., United States
26 May08:50Bharti British Telecom Internet Limited, India
26 May09:01Purdue University, West Lafayette, United States
26 May09:22XS4all Internet B.V., Netherlands, The
30.26 May10:34Comcast Communications, Alexandria, United States
31.26 May10:37Nagasaki Cable Media Inc., Japan
32.26 May10:54University of Bergen (UoB), Bergen, Norway
33.26 May10:55Software Technology Park- Bangalore, Bangalore, India
26 May11:01University of Bergen (UoB), Bergen, Norway
41.26 May11:34Wabash College, Crawfordsville, United States
42.26 May11:45SwiftMail Communications Ltd, India
43.26 May12:03Texas Christian University, Fort Worth, United States
44.26 May12:21Illinois Institute of Technology, Chicago, United States
45.26 May12:24Telecom Italia Net, Italy
46.26 May12:30Communications and communicate, Nepal
49.26 May12:39Nepal (wlink.com.np)
50.26 May12:42State Compensation Insurance Fund, San Francisco, United States

Thursday, May 25, 2006

Hindus, Chill


I am a Buddhist, and I have been part of the April Revolution, even though I have been in New York City and not in Nepal. (DPACNY: The Empire Strikes Back) I was born a Hindu, I grew up a Hindu. But I became a Buddhist. I have a stake in the April Revolution.

A country can not call itself a Hindu nation and still claim to be a democracy. The state has to be secular, or it is not democratic. The state may not patronize any one religion, or any religion. But democracies provide more room for religious activities than autocracies. It is called religious freedom, and that is a human right. A Hindu in Nepal can be as Hindu as he wants to be. Nothing stops you. Go worship all day if you want, does not bother me.

But if you can only live in a Nepal that calls itself a Hindu nation, that is not a Hindu, that is a Hindu supremacist. You are saying the only way you can feel Hindu is by feeling the non-Hindus are somehow inferior to you. That is not okay. That is not something to be tolerated.

There can be no room whatsoever in the new Nepal's mainstream for Hindu supremacist thinking. Push them off to the fringes.

To defend the secular state is to defend the April Revolution, and that shall be done.

We also have to watch out for counter-revolution. The defeated royalists might be working in the background. We can not stand by watching.

We might have to organize our own rallies for religious tolerance, and religious equality. All Nepalis are equal regardless of their religious background. The Hindu supremacists are simply going to have to put up with that basic fact.

This can not be taken lightly. This riot has been the first act of counter-revolution. We have to respect the right to peaceful assembly, even that of the Hindu supremacist, but we do have to hit back politically.

We also have to organize some inter-faith dialogue. We should gather the top Hindu religious leaders and organize a conversation where we make the point that now after democracy there actually is more room for Hindus for their religious activities not less.

This riot is something to get alarmed about, but it also can be an opportunity to educate the people. The jump to a secular state has been a big one. And we have to help people adjust to the new reality. We should take that up as a challenge.

Democracy is not a small decision. It is a process. There is a lot of institution building we will have to engage in over years to fully cement the achievements of the April Revolution. We have to be realistic in terms of all the homework we still have to do.

Nepal Hindus in secular protest BBC News, UK
Strike by Hindus shuts down Nepal town San Jose Mercury News
Hindu groups block roads in southern Nepal Zee News
Hindus protest Nepal's secular move United Press International
Major southern Nepalese town paralysed by strike
Monsters and Critics.com, UK
Nepalis protest over secular moves
Reuters AlertNet, UK
Thousands protest against Parliament's move to declare Nepal a ...
OhmyNews International, South Korea
Nepal Should Be a Hindu Nation
OhmyNews International, South Korea
Nepal: Hindus protest
Montreal Gazette (subscription), Canada
Hindu groups block roads in southern Nepal
Zee News, India
Hindus protest Nepal's secular move
United Press International
Thousands of Nepalis protest over secular move
Gulf Times, Qatar
Thousands protest Nepal secular statehood
Brocktown News, USA
Protest against move to declare Nepal a secular state
Zee News, India
Hindu activists close down Birgunj
Nepalnews.com, Nepal
Hindu ultras shut down Nepal's industry hub
NewKerala.com, India
'Secular Nepal' finds itself in the eye of controversy
Nepalnews.com, Nepal
Catholic leaders welcome Nepal as secular state
CathNews, Australia
Strike by Hindus shuts down Nepal town
Boston Globe, United States
Strike by Hindus Shuts Down Nepal Town
Guardian Unlimited, UK
Thousands Protest Nepal Secular Statehood
Washington Post, United States
Thousands protest Nepal secular statehood
Boston Globe, United States
Thousands Protest Nepal Secular Statehood
Salon
Thousands protest Nepal secular statehood
San Jose Mercury News, USA
Thousands Protest Nepal Secular Statehood Houston Chronicle, United States
Nepal Hindus in secular protest
Journal of Turkish Weekly, Turkey
Hindus Protest Nepal's Secular Move
Post Chronicle
Nepal Hindus in secular protest
Samudaya.org, AZ
Hindus protest Nepal's secular move
Washington Times, DC
Strike by Hindus Shuts Down Nepal Town
Wilmington Morning Star, NC
Thousands Protest Nepal Secular Statehood
The Ledger, FL
Thousands protest Nepal secular statehood
News & Observer, NC
Nepalis protest over secular moves
Samudaya.org, AZ
Hindu ultras shut down Nepal's industry hub
Indian Muslims, California
Hindu ultras shut down Nepal’s industry hub
India eNews.com, India
Hindu ultras shut down Nepal's industry hub
DailyIndia.com, NY


In The News

Maoist team holds talks with SPA leaders NepalNews
Govt. will scrap anti-media freedom laws: Minister Badu
`Regressive elements' active to defame democracy: Sitaula
Government to release all political detainees
Birjunj shut down for the second day
'Secular Nepal' finds itself in the eye of controversy
Prime Minister, CoAS discuss security situation

Doctors call for indefinite closure of health services Kantipur Publications
PM holds consultations with Army Chief
Lawmakers demand action against defaulters
Talks team, code of conduct today
MPs critisize govt for flouting Proclamation
NHRC urges govt, Maoist to sign human rights accord
Angry group vandalizes Nursing Home
प्रधानमन्त्रीले घोषणा उल्लंघन गरेकामा आपत्ति
संविधानसभामा अलमल नगर्न सुझाव
वार्ता टोलीको पूर्णता आज
हिन्दु राष्ट्र घोषणा माग गर्दै प्रदर्शन
स्वास्थ्य केन्द्रमा आक्रमण
जनमतको अनादर नहोस्
लोकतन्त्रमा अपांग
शान्तिप्रतिको प्रतिबद्धता र जनयुद्धको अवतरण
प्रतिनिधिसभा घोषणा र राज्यका चुनौती
इमानदारीको पुनःस्थापना
दरबार र सेनाको खर्च घट्नेछ’
श्वेतपत्रप्रति संसद्मा असन्तोष

Nepal to free Maoist prisoners ahead of talks Times of India, India
Nepal seeks talks with Maoists
CNN-IBN, India
Nepal frees 467 Maoists CNN-IBN
Nepal Army: swearing of allegiance
United We Blog, Nepal
India ready to extend financial aid to Nepal
Financial Express, India

Visitors


Page views yesterday216
2.25 May10:15Wellesley College, Wellesley, United States
3.25 May10:23Alliance Broadband Services Pvt. Ltd., India
9.25 May10:51ETC, United Arab Emirates
10.25 May10:51India (satyam.net.in)
13.25 May11:22Villanova University, Villanova, United States
14.25 May11:35Infocom Pvt. Ltd., Nepal
18.25 May11:55Comcast Communications, Alexandria, United States
22.25 May12:04San Bernardino County Superintendant of Schools, San Bernardino, United States
23.25 May12:05State of Connecticut, United States
33.25 May13:23Sri Lanka Telecom, Sri Lanka
39.25 May14:20Reliance Infocom Ltd., India

Wednesday, May 24, 2006

Dinesh Tripathi Appearance in Baltimore


AMNESTY TALK ON NEW CONSTTUTION MAKING PROCESS OF NEPAL

May 24, 2006,

Amnesty International, University of Baltimore, USA Organize talk program on “ Challenges of new Constitution making in Nepal.” Advocate Dinesh Tripathi, Supreme Court Nepal was invited to speak on the occasion. Tripathi Spoke on the occasion-Nepali people has shown enormous courage and bravery. Under the massive pressure of mass movement authoritarian king is forced to step-down. King and his army are responsible for gross violation of human rights and fundamental freedom. King has committed a crime against people and democracy. But now Nepal has entered into new era of democracy building. Parliament has taken a drastic step to curtail the power of king. People are aspiring for republican set up and full and genuine democracy. Now Nepal is in new Constitution making process. Now Constitution is going to make by “We the people.” Nepali people no more want a given Constitution, given by king or somebody else. Nepali people want to be full sovereign and want to exercise full sovereignty. New Constitution is going to ordain and establish by “We the people” of Nepal. People are the source of ultimate power and authority. Constitution is the _expression of sovereign will of the people and people are aspiring to exercise its sovereign will. Nepali people want a total democracy, rule of law and full guarantee of the fundamental rights. New Constitution should be the charter of the full sovereignty of the people. People’s aspiration of the genuine, parcipatory and inclusive democracy must be addressed by the new constitution. “All power to the people” should be the motto of new constitution. It must transform a bureaucratic and police state into fully democratic, responsive and accountable state. Kingship must be totally abolished because it always became the threat for people’s rights and liberty. Now it is proven fact of the Nepali history is that monarchy and democracy cannot go together. We need to build a grassroots democratic structure. Total power to the local body and institution. To address an aspiration of people we need to build a federal structure. Army must be put under the parliamentary control and need to incorporate instition and mechanism to ensure accountability and control the abuse of the power by any state authority and institution.

But complex challenges are ahead to making a new constitution. King is down but not out. No action has been taken against any army personal. Entire democratization process is weak and fragile and it is full of the uncertainty. We have yet to start credible peace process. We have to start the process of transitional justice. Impunity must not allow. All the violator of human rights should bring to justice who committed a crime against people. King should also make liable about his act and he is also need to bring to the justice. No one allow getting immunity and impunity for the crime he is committed. Equality before the law is important aspect of justice. Nepal must immediately ratify the Rome Statute Of International Criminal Court so all the perpetrator can bring to justice and held accountable for their action. Without successful management of the transitional justice it is very difficult to move for full democratization of the polity and the state. There must be free, fair and conducive environment so people can freely vote for constituent l assembly. People must allow to exercising their free will. International community must be a watchful toward peace process and new constitutional making process in Nepal. There is clear need to closely monitor the peace process in Nepal. Credible International organization like UN must come forward to monitor peace process and hold both side accountable. International community must support Nepali people’s aspiration of full democracy without king. Maoist should also accept the democratic aspiration of people. They should behave as a responsible political force and stop abduction and extortion and participate in the new constitution making and democracy building process peacefully. There is no alternative to the democracy and rule of law.

Prof. Dr. Jason Trumpbour introduced the Speaker and also said that- there is exciting development is taking place in the Nepal. People are aspiring for democracy and rule of law. International community must support the democracy building process in Nepal. We should provide our helping hand to Nepali people and must support their endeavor to establishing polity based on the rule of law.

Dinesh Tripathi, Your Worst Nightmare
Dinesh Tripathi Raising Dust
Dinesh Tripathi, "Arthur Kinoy Of Nepal"
Dinesh Tripathi In New York
Dinesh Tripathi: In Person

In The News

Royal Palace expenditure will be slashed: Finance Minister NepalNews
NHRC sends draft ceasefire agreement and human rights accord to the govt. and rebels stresses on withdrawal of all forms of armed activities, purchase of new military equipment, halt military recruitment by both the government and Maoists and remove landmines laid down by both the sides within 60 days....... urged the government to scrap the controversial anti-terrorism law, TADO, within 15 days. Similarly, the Commission has also urged both the government and the Maoists to make public whereabouts of people under their custody within 30 days (of signing of the agreement)....... urged both the parties to respect the right to life, dignity, liberty and security, liberty of movement, right to speech and peaceful assembly and right to work of individual citizen. The Commission has also urged both the parties to guarantee right to food, health, education and right of children and women during the period of ceasefire........ asked both the parties to remain committed for result-oriented talks and work towards permanent restoration of peace in the country.
'Secular Nepal' finds itself in the eye of controversy
Hindu activists close down Birgunj
FNJ calls for immediate govt steps for media independence
SAARC members agree to set up direct air links
Nursing Home accepts mistake; provides Rs. 250,000 compensation to victim's family

Jana-Andolan II and New National Agenda Kantipur Publications
NC to launch political awareness campaign in rural Nepal
Travel restrictions on Dr Giri, others
VDC secys unable to return to villages
Berserk mob vandalizes hospital
Food shortage grips mid-western hills
Security bodies must cope with changes: Home Minister
उत्तेजित समूहद्वारा अस्पताल तोडफोड
शपथबारे सर्वोच्चमा छलफल
अनुसन्धान प्रमुखद्वारा ँगोप्य’ कागजात कब्जा
माओवादी सभा
संविधानसभा हुन नदिन षड्यन्त्र ः ढुंगाना
चन्दा उठाउने सिपाही क्रान्तिकारीको कब्जामा
रक्षामन्त्री नराख्नुको कारण
नौलो संवैधानिक प्रयोग

Thousands protest against Parliament's move to declare Nepal a ... OhmyNews International, South Korea
Nepal Should Be a Hindu Nation OhmyNews International
Nepal: Don't Attack Hindu Religion
Los Angeles Chronicle, USA
Nepal Government forms team for dialogue with Maoists
Nepal human Rights News, Nepal
Govt-Maoists Talks to Start Soon: Home Minister Himalayan Times
Nepal gov''t. forms team to begin negotiations with Maoists
Kuwait News Agency, Kuwait
Nepal govt names two ministers for talks with rebels NewKerala.com
Hindu ultras shut down Nepal's industry hub
NewKerala.com, India

Visitors

Page views yesterday 311
1.24 May09:18DishnetDSL, India
2.24 May09:21ACI sarl, Algeria
3.24 May09:22U.N. Development Programme, Norway
4.24 May09:24U.N. Development Programme, Norway
5.24 May09:25U.N. Development Programme, Norway
6.24 May09:37Easynet Limited, United Kingdom
13.24 May09:53Mercantile Communications Pvt. Ltd., Nepal
14.24 May09:54Easynet Limited, United Kingdom
15.24 May09:58Hathway Cable and Datacom Pvt Ltd, India
16.24 May10:04Smart Telecom Holdings, Ireland
21.24 May10:40Arrakis, Spain
25.24 May10:46Aurorum Science Park, Luleaa, Sweden
27.24 May10:57ITC, Enschede, Netherlands, The
31.24 May11:02PCCW IMS Netvigator, Hong Kong S.A.R.
32.24 May11:09AMD, Austin, United States
37.24 May11:40Macedonian Post & Telecom, Macedonia
40.24 May11:58AMD, Austin, United States
48.24 May12:45Comcast Communications, Alexandria, United States


Prof. Yash Ghai On Constituent Assembly

(emailed by Shobhakar Budhathoki from Kathmandu)
Shobhakar Budhathoki: Transitioning The “Royal” Nepal Army

Notes from the Talk Program on

Constituent Assembly and Transitional Arrangement

Key speaker: Prof. Yash Ghai

OHCHR

16 May 2006

Interim arrangement

  • A focus on ensuring that interim arrangements pave the way to holding constituent assembly elections with meaningful participation during constitution-making process is important.
  • There is a threat that there might be a lack of transparency in a process controlled by political parties.
  • The plan for arms management must be addressed, particularly the issues of timeline, arms ceasefire, etc.
  • Interim arrangements are essential, while the whole process might take a long time. They can be introduced through “revolutionary legality” (as opposed to strict legality) which is a fairly well established doctrine. Alternatively, interim arrangements can be done by continuing the existing system, but the issue of exclusion should be seriously considered.
  • Basic principles of interim arrangements should be figured out, for instance, the state structure could be monolithic or multilingual or multicultural, etc,
  • Binding frameworks should be introduced to make fruitful interim period.

Process of the constituent assembly

  • There is no one best model. Better to focus on identify clear objectives, the model will then have to be designed accordingly.
  • Basic principles of new constitution must be agreed and endorsed by key actors of the country, such as the framework of transition (roadmap, timeline, etc), constitution making process, bill of rights, independent judiciary, etc. The process of constituent assembly should be operated under those guidelines.
  • Inclusiveness and participation of underrepresented communities are basic components of constituent assembly election.
  • Process dominated by political parties have less chances of meaningful participation. The political parties may not be best placed to represent the diversity of constituencies.
  • If the political parties only play an architect role, the composition of constituent assembly becomes urban centers and could be elite’s bargaining tool.
  • Representation of marginalized communities remains important factor in constituent assembly election that helps to kill wounds of past, dissolve the differences and seek truth and justice.
  • Participatory approach introduces the active form of engagement rather than limiting to an observer role during the process; brings wealth of ideas; creates awareness of the issues; and narrates the daily life of ordinary people.
  • Process is itself key element of the constituent assembly election that requires deliberate measures; information dissemination; and initiates the discussion on the issues of devolution, federalism, etc. It is also a source of scrutiny for the key actors and are forms of transparency, accountability and responsiveness.
  • Identifying guidelines to oversee the process of constituent assembly elections remains important element, such as the continuation of restored parliament through amendment, or manage transitional arrangement under 1990 constitution, or continue working through revolutionary legitimacy.

Character of constituent assembly

  • The objectives and proper models/rules of constituent assembly election must be clear. However, there is not a single model or mechanism available regarding the constituent assembly election.
  • The constituent assembly must have complete authority and must accept the principles of democracy, human rights, etc. The division of responsibility is necessary in constituent assembly (will the CA draft a constitution or will it study papers submitted by a separate body formed for drafting the new constitution, which goes around the country and consults widely with people before drafting plus also disseminates the draft to the people for consultation before it goes to the CA).
  • The drafting could be done with the representatives of economists, political scientists, lawyers, etc.
  • Objectivity of constituent assembly and understanding in national perspectives must be clear.
  • A CA can be seen as a “gathering of the nation” which increases ownership of the new constitution.
  • The question of when to have elections need to be addressed. Elections are divisive exercises. They should be timely and cannot be conducted while guns are around.

Examples

  • In South Africa, the pro-apartheid laws and other existing mechanisms were repealed as a part of confidence building between the apartheid regime and the African National Congress during the interim period. Initially, for about two years, the ANC accepted the Constitution and the National Party agreed to check all decisions with the ANC before taking them to cabinet.
  • Then, interim constitution was introduced for two years period with interim authority.
  • Then only South Africa moved to Constituent Assembly.
  • In Kenya, the constituent assembly was composed with the representation of one third parliamentarians, one third of regional representatives and other one third from civil society with special reservation for women and disables.
  • In Kenya, a total of 80 offices were opened throughout the country by a different body set up to go around the country to hold consultation with the people and disseminate the information. Special program were aired from National Television and Radio. Official website was launched and all public inputs were frequently updated.

Research/Education activities

  • Civic education should be organized to discuss on critical issues and figure out the options.
  • Research must be done to analyse the public response after the dissemination of draft copies of new constitution

Conclusions:

  • During the drafting and finalizing of the new constitution, an undemocratic process bring sometimes democratic results. Total transparency and close meetings are equally important to achieve the goal.
  • Recognizing group rights and individual rights always remain very important.
  • In Nepalese context, the timing for constituent assembly election plays important role. The election can be delayed to avoid polarization and driven campaign. The whole process might take minimum of nine months period.
  • Civil society could play important role to carry out unofficial process during the transition such as setting the agenda of constituent assembly and make recommendations for the process and increase the representation. Civil society can also mediate to achieve the goal of the constituent assembly.