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Peace Process in Nepal: Challenges and Opportunities



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-Fatik Bahadur Thapa Magar, former MP, Nepal

Kathmandu, November 16, 2008- The possibility of establishing a Federal Democratic Republic in Nepal could slip away should the existing parties not work in a consensual, collaborative approach. Further, if differences among parties deepen, the entire peace process will derail. If that happens, the spirit of a new, prosperous Nepal will turn into chaos and nightmares for the people of Nepal who have already suffered too long to have to tolerate this catastrophe once again.

Nepal Now

Nepal is a small landlocked country with a total area of 147,181 square kilometers, sandwiched between two Asian giants-China and India. Nepal’s population is 29,519,114 (July 2008 est.). Nepal is one of the least developed countries with an annual per capita income of $300. Most of the population (over 76%) survives through agriculture. There is lack of infrastructure for transportation, communication, and such basic services as health and education. Moreover, its literacy rate is very low at 65%. Nepal was closed to trade and interaction with the outside world until 1951.There is no long-term history of a democratic culture where ordinary citizens participate in decision-making and governance.

A Brief Chronology of Nepal’s Political Past

Until 1768: Nepal comprised of numerous principalities and the feudal landlord system prevailed. Until the ascendance of Prithvi Naryana Shah to the throne of the principality of Gorkha on April 3, 1743, Nepal was a constellation of mini states, scattered mostly in the hills.

1768-1846: The Shah family of Gorkha unified these small independent states into a country and formed the boundaries of modern Nepal.

1846-1950: The Rana rule, which violently overthrew the Shah Rulers in 1846, was autocratic in every respect. Their rule by hereditary prime ministers lasted for 104 years. Following the downfall of the Rana rule, Nepal underwent a period of political uncertainties.

1951-1959: The Shah Kings and political parties experimented with democracy during this time. The elected parliament was dissolved in a coup by the Shah king Mahendra thus interrupting the democratic experiment.

1960-1990: Political parties were banned and a party-less political system (Panchayat System) was introduced.
  Fatik Thapa. Photo courtesy: Janajati.Org

1990-2002: In 1990, a pro-democracy movement forced King Birendra to lift the ban on political parties. In Nov. 1990, he promulgated a new democratic constitution and a multiparty parliamentary democracy was introduced. On June 1, 2001, King Birendra was shot and killed by his son, Crown Prince Dipendra. According to the official report on the royal massacre, he was enraged by his family's disapproval of his choice of a bride. At the same time he also killed his mother and several other members of the royal family before shooting himself. Prince Gyanendra, the younger brother of King Birendra, was then crowned as the king.

2002-2003: The new king, Gyanendra dismissed the elected prime minister Sherbahadur Deuba and his cabinet for "incompetence" after the Deuba Government dissolved the parliament and was subsequently unable to hold elections because of the ongoing Maoist insurgency.

2004-2005: The king reinstated the most recently elected Prime Minister Deuba who formed a four-party coalition government.

2005-2006: Citing dissatisfaction with the government's lack of progress in addressing corruption and the Maoist insurgency, the king dissolved the government, declared a state of emergency, imprisoned party leaders, and assumed absolute power.

2006: After nearly three weeks of mass protests organized by the seven-party opposition and the Maoists, the king allowed parliament to reconvene. Peace accord was made between the government and the Maoists, and an interim constitution was promulgated.

2007: Maoists entered the parliament. The Constituent Assembly election was held in April 2008. At the present time the Maoist president, Pushpa Kamal Dahal, known as Prachanda, has been leading the coalition government of three parties.

The Crisis: Maoist movement

The insurgency (Maoists People’s War) began in April 1996. The movement began non-violently with the objective of righting wrongs of inequality (too much power and money in control of elites). Initially, it enjoyed popular support because of its focus on redistributing wealth, improving access to basic services, breaking down cultural taboos and gender barriers, and increasing general citizens’ participation in decision-making.

As the Maoists gained power, and weapons and support came from sympathetic groups inside and outside Nepal, the movement grew increasingly violent and used coercion to gain people’s support. Maoists attacked and destroyed local governments, basic services, and development infrastructure in order to defeat the existing government.

No solution other than peace

Police and military action was initiated to counter the growing Maoist threat. Violence escalated. Efforts to stop violence resulted in ceasefire, but this was broken by Maoists after they rested and re-armed. Violence erupted in urban areas, and interfered with development, investment, food supplies, and basic services. After long time of political turmoil, peace accord held between the government and the Maoists, and an interim constitution was promulgated. There are 32,250 Maoist cadres registered in 28 cantonments. Of these only 19,692 are eligible to be treated as combatants. The rest continue to be in the camps without any payment being made to them.

In the final analysis, the government will have to take responsibility for these people. Maoists have now joined the parliament and the peace accord calls for the creation of a Constituent Assembly (CA) to draft a new constitution. The CA elections, already twice delayed, were set for April 2008. Finally, the long awaited CA election was held on April 10, 2008.

According to the final results of both electoral systems, i.e. the first- past- the- post and proportional representative system altogether; the Communist Party of Nepal (Maoist) won 220 seats (38%), Nepali Congress got 110 seats(19%), the Communist Party (Unified Marxist-Leninist) obtained 103 seats (18%), Madhes Janaadhikar Forum got 52 seats (9%), Terai Madhes Loktantrik Party received 20 seats (3%), Sadbhavana Party won 9 seats (2%) and others won 61 seats (11%), representing twenty five different political parties altogether in the CA. The CA composition is made up of 150 Madhesis, 50 Dalits, 191 Women, 208 Adibasi Janajati, Muslims and others. The elected CA declared Nepal a Federal Democratic Republic on the 28th May 2008, putting an end to the monarchy and, with it, the 240-year-old Shah dynasty. Abolishment of monarchy, election of CA, recent election of President and Vice-president and appointment of the first new Prime Minister Pushpa kamal Dahal ‘Prachanda’, the supremo of the Maoist party, are notable landmarks in state restructuring and reform process although they are not yet enough.

Uncertainty: Where is Solution?

The country has been craving for peace, security and economic betterment, but the recent bickering of the political parties in running a stable, nationally acceptable form of consensus government, is once again creating confusion and disappointment. The delay in endorsing CA rules of procedures has affected CA and its business.

On the one hand, CA has not yet got its real business, while on the other hand, drafting the new constitution is itself a complicated process which has to be completed within two years (by 27 May 2010). There are many issues to be addressed. The Comprehensive Peace Agreement says, "The interim cabinet shall form a special committee to carry out monitoring, integration and rehabilitation of the Maoist combatants." Similarly, the Article 146, Interim Constitution states," The Council of Ministers shall form a special committee to supervise, integrate and rehabilitate the combatants of the Maoist Army, and the functions, and duties and powers of the committee shall be determined by the Council of Ministers. The government formed the much awaited Peoples Liberation Army (PLA) adjustment advisory panel (special committee) on 28 October, 2008.

However the former Prime Minister and president of the Nepali Congress, Girija Prasad Koirala is not positive towards the government initiative, saying that there is no agreement to be reached as such for integrating the Maoist combatants into the Nepalese Army.

Jhalanath Khanal, General Secretary of the Unified Marxist Leninist Party (UML) has recently said that “Terms of Reference (ToR) of the Special Committee should be prepared as per the spirit of the June 25, 2008 accords." This shows that there are serious differences among the major political parties on the issues relating to PLA adjustment. Similarly, the main political parties have different ideas regarding the issues of federalism, which might be a hurdle before completion of the peace process and making of the new constitution.

CA in the Past

The movement against the Rana Regime succeeded in 1950. Then the issue of Election to CA entered the political arena of Nepal. But there was no consensus among the political parities. The then Nepali Congress split, and there were vast differences between the Nepali Congress and the Communist Party of Nepal. Instead, the Bishwesor Prasad Koirala-led government was constituted and exercised an 18-month parliamentary system of governance, which was consequently replaced by King Mahendra's self-proclaimed constitution because inter-party bickering did not cease. Thus, the CA lost its potency amidst the political upheaval of the time.

CA Now

In the present time too, the possibility of establishing a Federal Democratic Republic could slip away should the existing parties not work in a consensual, collaborative approach. Further, if differences among parties deepen, the entire peace process will derail. If that happens, the spirit of a new, prosperous Nepal will turn into chaos and nightmares for the people of Nepal who have already suffered too long to have to tolerate this catastrophe once again.

Note: Fatik Bahadur Thapa Magar is the former Member of Parliament representing CPN UML.
   
  तपाईंको भनाइ लेखी छाड्‍न र अरुको भनाइ पढ्न यहाँ क्लिक गर्नुहोस्
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