Children for Zones of Peace (CZOP) campaign has urged the government, the Maoists and the Seven-Party Alliance (SPA) to work towards the creation of conducive atmosphere for the children affected by the decade long conflict and help them to reunite with their families as soon as possible.
In a press statement on Thursday, the CZOP appealed the government, the Maoists and the SPA to pay special attention and reflect children issues and their voices during the peace and reconciliation processes.
“CZOP would like to pray for the speedy recovery of all children injured during the people’s movement,” the statement reads. CZOP further appeals all concerned to pitch in for the children’s medical care as well as psychosocial support.
During the decade long armed conflict in the country, about 500 children have lost their lives and an equal number have been seriously injured. They have been used in the war in many different ways and thousands were barred from attending schools in villages when the warring groups made schools as center of their operations.
A day after the government announced a ceasefire, the Maoists have welcomed it and agreed to sit for peace negotiations with the government led by Seven Party Alliance (SPA).
In a statement issued on Thursday, chairman of the CPN (Maoist), Prachanda alias Pushpa Kamal Dahal, said his party is ready to sit for talks with the government as per the 12-point understanding reached with the SPA.
Prachanda further said his party had already handed over a “code of conduct” – to be observed by both the sides—to the government and expressed hope that it would be implemented sincerely.
The Maoist supremo warned that his party’s decision to sit for negotiations should not been seen as ‘war-weariness’ or ‘hurry to join the open politics.’ “We are prepared to fight in any front till the end for the sake of Nepal and the Nepalis,” he said.
In his statement, Prachanda expressed hope that the forthcoming negotiations would not turn into a failure as was the case with the previous two round of negotiations and that interim statute and interim government would be formed by dissolving the reinstated parliament, constitution and the government. Prachanda said the interim government would take the lead of the entire elections process for what he called the ‘unconditional constituent assembly.’ “Ultimately, it is the political consciousness and continued agitation of the great Nepali people in order to ensure safe-landing of this process,” he added.
Prachanda alleged the government of USA of trying to push Nepal towards eternal war and conflict in Nepal—situated between two giants China and India—in order to fulfill its “imperial interests.” He also claimed that the recent visit of US Assistant Secretary for South Asia, Richard Boucher, was directed in that direction.
Describing the present situation in the country as transitional, Prachanda said the country was heading towards a republic.
On Wednesday, the newly formed government led by G P Koirala declared ceasefire and decided to withdraw terrorist tag and ‘Red Corner’ notices against the CPN (Maoist) and its leadership.
The Supreme Court issued a show cause notice to the government on the murder of Umesh Chandra Thapa, a pro-democracy activist, on the day of controversial municipal election held by royal government.
Acting upon a writ petition filed at the Supreme Court, a single bench of Justice Bal Ram KC, issued the order in the name of the government.
Thapa’s son filed a case at the apex court demanding formation of a law against impunity, compensation to the victim’s family and action against the culprit.
Earlier, the Supreme Court administration had rejected to entertain the writ on February 28, but later accepted the writ petition.
Security forces shot dead Thapa, while he was returning home after organizing a demonstration against the controversial municipal poll on mid-western Dang district on February 8.
The international presence should continue through the election of the Constituent Assembly, the adoption of the constitution and the demobilisation of the rebel forces
Author
By Prof. Krishna Khanal
Why Constituent Assembly
The creation of a new constitution through an elected Constituent Assembly (CA) is highly desirable in Nepal for several reasons. First, in order to develop a feeling of ownership of state among the people, we need to make a new constitution with the direct participation of the people. Second, the present Nepali state, including the Westminster model of government, needs a thorough restructuring in terms of recognizing the socio-cultural diversity of the people and for their autonomy, identity and self-government. Third, the monarchy, particularly after the royal massacre of June 2001 in which King Birendra and his family were shot dead, is now in question. Although King Gyanendra had a smooth succession to the throne, both the legitimacy of and respect for the monarchy has eroded significantly. The election of CA, if people want it, may also provide an opportunity for the monarchy to regain its lost image and relevancy. Fourth, various ethnic and cultural groups are now raising voices for their right to self-determination. They consider that the present state is an imposition on them. Since, their demands for self-determination has no separatist or secessionist content, the CA can work as a forum where all the Nepalis can collectively exercise the right to determination in terms of choosing the form of state and the type of government. Lastly, the Maoists have also demanded election for the CA to frame a new constitution. This would be an ideal way to convince them to give up violence and lay down their arms.
Many questions are being raised in different political corners regarding the modus operandi of the constituent assembly in Nepal. The mainstream political parties frequently say that it should be based on the 1990 constitution. The Nepali Congress states that the decision to this effect should be taken by the Parliament and that, for this purpose, the House of Representatives (HOR) should be revived. The ruling parties, including the UML stress that the election of HOR and the Parliament should initiate the new constitution making process. The Maoists want a round table conference of all parties including representation of the King and civil society. However, more than the method we adopt, understanding among the major players is of crucial importance. In the current triangular conflict situation, Nepal needs to take time-framed steps towards resolving the conflict through Constituent Assembly. These steps may be stated as follows:
1. The First step in this regard is to make a joint declaration of principle commitment by all the major players, including the King, for a new constitution to be framed by the CA elected on the basis of adult franchise. This commitment may be first made unilaterally by each of the major players i.e. the king, mainstream political parties and the CPN (Maoists). Such a commitment is unavoidable if Nepal is serious about resolving the current crisis. There could be informal dialogues through intermediaries assuring each other of one’s commitment. Even if the Maoists do not respond favourably at the start, the state should offer its commitment nonetheless.
Since peace talks between the government and the Maoists have failed twice, there is a need to review the structure of dialogue, the government, as a party in dialogue, seemed to have several deficiencies. For one, it could not represent the state as a whole and so convince the rebels of its credibility. Therefore an all-party mechanism, as that of South Africa, may provide a more credible structure for resolution of the protracted Maoist insurgency.
2. Based on such commitments, the next step would be to declare a ceasefire between the state and the rebels.. The state can initiate this unilaterally, thus giving the rebels a chance to reciprocate. If the Maoists fail to reciprocate it, they will be exposed as having no faith in a peaceful resolution of the conflict. In that case, the state would have the higher moral ground and would be able to mobilize internal unity and international support to control the insurgency.
3. Nepal may need the supervision of the United Nations to monitor the ceasefire and keep an eye on the progress. This is necessary because mutual fear exists between different factions, and there is every possibility of breakdown of negotiations. The international supervision should be given a mandate to act decisively if either party violates the understating or the verdict of the people through the election for the CA. The international presence should continue through the election of the CA, the adoption of the constitution and the demobilisation of the rebel forces.
4. Since peace talks between the government and the Maoists have failed twice, there is a need to review the structure of dialogue, the government, as a party in dialogue, seemed to have several deficiencies. For one, it could not represent the state as a whole and so convince the rebels of its credibility. Therefore an all-party mechanism, as that of South Africa, may provide a more credible structure for resolution of the protracted Maoist insurgency.
5. The all-party mechanism may have two layers: a) a relatively large body that forms an informal assembly or a round table conference as the Maoists have suggested; b) a technical committee consisting of authorized party executives and a few experts. This body should be empowered for form an interim government, lay down the basic principles for the ultimate resolution of the conflict and build consensus on the guiding principles of the future constitution.
6. The guiding principles of the future constitution should include such universal principles of democracy as sovereignty of the people; fundamental rights and freedom of the people; periodic elections based on adult franchise; representative government; multi-party competitive politics; independent judiciary, local and regional autonomy; protection of rights, culture, language of ethnic and indigenous groups and people; proportional representation of social and cultural groups at all levels of political structures through political parties; and so on.
7. Consensus should be the basis of decision. In case a general consensus is not arrived at, the near consensus formula may be applied to resolve the deadlock in decision-making.
8. The election of the CA should be based on proportional representation. The electoral system should be devised to guarantee that social plurality i.e. of women, ethnic and indigenous people, Dalits and Madhesis, will be represented in proportion to their population size.
9. The assembly should remain open and accessible to all. It should also devise mechanism and processes allowing all sections of people, including civil society, to represent opinions and interests and participate in the constitution-making process. The drafting committee should take care of this.
(To be contd.)
A political scientist, prof. Khanal was in the forefront of `jana andolan’ 2006 and could be seen leading the peaceful movement at Kirtipur. His book, “Nepal’s discourses on Constituent Assembly,” was published by Friends for Peace, a Kathmandu-based civil society organization last year. The excerpts from the book have been reproduced here with the permission from the publisher. Please send your comments to [email protected] or [email protected]
(Editor’s Note: Nepalis, wherever they live, as well as friends of Nepal around the globe are requested to contribute their views/opinions/recollections etc. on issues concerning present day Nepal to the Guest Column of Nepalnews. Length of the article should not be more than 1,000 words and may be edited for the purpose of clarity and space. Relevant photos as well as photo of the author may also be sent along with the article. Please send your write-ups to [email protected])
The visiting US Assistant Secretary of State for South and Central Asian Affairs, Richard A Boucher, has said his country is looking forward to provide extend political, economic and security assistance to Nepal by consulting the new democratic government led by prime minister GP Koirala.
Addressing a press meet organized in the capital on Wednesday morning at the conclusion of his nearly 20-hour-long visit to Nepal, Mr. Boucher said, Maoists must renounce violence and join the political process for the peace and stability in Nepal, adding, “If they are sincere, they have good opportunity to do so.”
Responding to a query whether the US supports or opposes the (possible) Maoist takeover of Nepal, Mr. Boucher said, “We oppose it because we oppose any kind of takeover of Nepal. Getting the people of Nepal to choose their govt. is what we want”
Anyone who wants to give up violence, lay down their arms and become part of the political process should be able to participate and it is the responsibility of the Nepal government to offer choices to the people of Nepal, Boucher added.
Commenting on the issue of removing Maoists from the terrorist list as the government is initiating peace process with the Maoists, Boucher said, I don’t think we can forget the history of Maoists and the group; what they have done to villages, what they continue to do in the villages even when there was ceasefire in Kathmandu.
“They killed people, they extorted money from people, so, our removing them from any terrorist list is not going to happen until they stop such behaviour. It’s not the question of what they say in the press or what they do temporarily. The only way to be sure of that is (for the Maoists) to lay down their arms, join in the political process and present themselves to the people of Nepal as the other people, other candidates do. It’s really the change of behaviour we are looking for, “ he added.
On the recent political development of the country, Boucher said it is important for the parties to stay unified, for the political leaders to carry out their pledges. “There is a lot of work, a lot of things to do right now. If the parties stay unified and bring the country to that process, then I don’t have much fear what would happen in an election.”
“Through their efforts for democracy, the people of Nepal have won a great victory for themselves and for future generations. Now, it is up to the reinstated parliament, in close contact with the people, to lead the way forward to form an effective, responsive, and lasting democratic government, and to chart a way forward to bring peace to your country,” Boucher said.
On the role of monarchy in the changed political scenario, Boucher said the US saw some virtue in ceremonial monarchy, but many others might not at this point, so the decision is in the hands of people of Nepal and their political leaders, adding, “Rather than people from outside, (it would be good that) decisions are made by the people of Nepal within the country.”
Boucher said that the US is ready to support Nepal in political, economic and security areas and added that each of these things will be led by the political leaders of the government of Nepal.
“We will talk to them how we can support the political process, how we can support the economic needs of Nepal and how we can support the security needs of Nepal including the assistance to the (Royal Nepalese) Army. In all these areas, civilian leadership, the political leadership of Nepal will have to tell us what they need and when they need it,” he added.
He said that the King made a very difficult situation for the people of Nepal and political parties to work together and added, it is ultimately to the people to decide the ceremonial or other role to the monarchy through the election of the constituent assembly.
Commenting on not getting audience of the King, he said he is here to meet the political parties, political leaders and people of Nepal so he engaged his time for these purpose rather than anything else.
“I had a limited time in Nepal. The question before us was how best to spend my time and I wanted to see the political parties, I wanted to see the political leaders, I wanted to see the people in whose hands decisions of the future of this country now rests,” Boucher told journalists at a press conference.
Mr. Boucher further said that during his meeting with senior Nepali officials and political leaders including newly appointed premier GP Koirala, he stressed America’s long-standing friendship with Nepal and its people, and the US interest in doing whatever it could to assist Nepal as she moves forward “into what we all hope will be an era marked by peace and economic development.”
He also congratulated Nepali media for its dedication to media freedom, to informing fellow citizens and to helping build a peaceful, prosperous and democratic Nepal.
He met the newly-appointed prime minister, army chief and political leaders during his 20-hour long stay to Nepal.
On the occasion, matters relating to the contemporary political situation, bilateral interest and mutual concern were discussed.
Leaders of various political parties and representatives of civil society have cautioned the ministers not to transgress the agendas of the seven political parties.
Speaking at a program organised by the central joint struggle committee in the capital on Tuesday, Raghuji Pant of CPN-UML said nobody should oppose the decision to go for constituent assembly election to restore lasting peace in the country.
He further said constituent assembly election was a must to bring Maoists into political mainstream and restore lasting peace in the country.
Mahesh Acharya of Nepali Congress warned that the political parties would face a bleak future if they don’t push the common agendas forward.
General Secretary of CPN-ML CP Mainali said the movement had ensured partial success to the people, and that the government’s duty was now to lead the people to another victory.
He suggested to go for the constituent assembly election by announcing the present constitution as the interim statute.
Former Justice of the Supreme Court, Laxman Aryal, said the failure of the restored parliament to address the people’s aspirations will create deadlock in the country.
Speaking at the same program UML leader Shankar Pokhrel and central committee member of Federation of Nepalese Journalists Surya Thapa also said the people should continue cautioning the government.
Norwegian Minister for International Development Erik Solheim arrived here on Tuesday on a four-day visit to Nepal.
Talking to reporters on arrival at the Tribhuvan International Airport (TIA), Solheim expressed happiness over the latest developments in Nepal and said that Norway would provide all possible support for socio-economic development of Nepal.
Responding to a query, the Norwegian Minister made it clear that Norway would not be playing the role of a mediator for establishment of peace in Nepal, as in Sri Lanka.
Norwegian Ambassador to Nepal Tore Toreng and Foreign Ministry officials received Minister Solheim at the TIA.
Norway is the major donor of Nepal. It stalled assistance to Melamchi Drinking Water Project following the royal takeover of last year.
On the occasion of the World Press Freedom Day on Wednesday, the Nepali media is also hoping for a significant improvement in the situation of press freedom with the changed political scenario in the country.
The Federation of Nepalese Journalists (FNJ), an umbrella organization of Nepali journalists organized various programmes to mark the day terming the last fifteen months in the history of Nepali journalism a ‘black era.’
According to statistics, two journalists were killed, 88 tortured, 11 journalists abducted, 282 attacked and 707 were arrested in the past 15 months. Similarly, 39 journalists were displaced, 250 sacked, and 108 newspapers were forced to halt publication.
The government also blocked at least twenty-five news websites in Nepal, introduced draconian laws to curb Press freedom, arrested and assaulted many journalists specially after the King took power on February 1 last year.
Authorities raided private radio stations and banned broadcasting of news from the stations for a few months until the Supreme Court gave relief to the FM stations by allowing them to air news.
On the other hand, Nepali media persons have been brutally attacked by the Maoist rebels as well. Maoists killed two journalists, assaulted and threatened many others during the period of their decade-long insurgency. Maoists have barred, and are still barring, newsmen from reporting freely from their strongholds even though their leaders have time and again expressed commitment to respect press freedom.
In his message on the occasion of the World Press Freedom Day May 3), Prime Minister Girija Prasad Koirala lauded the role of press during the pro-democracy movement of the country.
He expressed commitment to provide appropriate assistance for the protection of rights of media.
Meanwhile, in his message on the eve of World Press Freedom Day, UN-Secretary General, Kofi Annan, expressed firm support for the universal right to freedom of expression and urged all governments to reaffirm their commitment to the rights to seek, receive and impart information.
Similarly, Reporters Without Borders (RSF) said in its annual report that Nepal alone was responsible for more than half of all cases of censorship worldwide. RSF counted 567 instances, while 145 journalists were physically attacked or harassed, the RSF report said. The report also said that journalists in Nepal are exposed in zones held by Maoists.
Nepali Congress leader Ram Chandra Poudel has expressed concern over the news items carried by some media Tuesday and maintained that they were fabricated and baseless.
He said that the cabinet formation was delayed as the concerned parties could not decide on the names in time. “The rumour that I was the one who caused the delay is baseless. I did not bargain for key portfolios,” he said.
He assured he would execute the tasks assigned by the party and denied that Nepali Congress was into power mongering.
He refused that he advocated for keeping the scepter at the House during the parliamentary session and that he suggested the oath-taking ceremony be held at the palace.
He clarified that he always stood against autocracy and King’s direct rule. He cautioned people against such unfounded reports.
The Nepal Association of Tours and Travel Agents (NATTA) has urged diplomatic missions in Kathmandu to remove their travel advisories asking tourists not to visit Nepal.
In a letter sent to the missions Tuesday, the NATTA has urged to issue new travel advisories as Nepal was now a safe destination.
During the agitation, several diplomatic missions in the capital had issued travel advisories asking their citizens not to visit Nepal.