We have lived two hundred fifty years under the arbitrary rule of law. Now we must stand for our rights to live our civic lives under the rule of law.

By Prakash Bom

The democratic movements of Nepal have a historical significance in the mind of Nepali people regardless of political difference among the political parties. Our uniqueness lies in the unifying forces of the people who protest for a reasonable change against the unruly that does not see what people see.

We may be Maoists, ultra-communists, social democrats, Laissez-faire capitalists or modern capitalists; basically our set of mind is for civil liberty at this point and time.

We have fight this time for the civil liberty and institutionalization of the electoral logistics of democracy to protect the civil liberty of people of Nepal with respect to the Universal Declaration of Human Rights.

Civil liberty implies political liberty that one’s freedom to exercise one’s rights as guaranteed under the laws of the country. Civil liberties include the right to life, freedom from torture, freedom from slavery and forced labor, the right to privacy, the right to a fair trial, freedom of speech and freedom of assembly, and the right to marry and have a family and economic prosperity.

I think unless and until the old regimes’ feudal oligarchic government logistics or practice are not restructured with the complete federal electoral logistics of democracy to manage the government and administer the districts of Nepal, Nepal will not have protections for the civil liberty.

The danger lies in the persistence of feudal oligarchic government logistics in practice in the present political arena. If the political elites who are in the power with the mandate of the people’s movement II do not realize the urgency in restructuring of the state, they will jeopardize future of the people of Nepal.

If we are in agreement to restructure the state then how can we restructure the old regimes’ feudal oligarchic government practice that have strong grip in the mind of elites who at the moment govern the country? I have not seen a political leader who is free of such grip from the seven parties, or the Maoists, or in other parties or among the government secretaries or advisers!

Those who are aware of the drawback of feudal oligarchic government practice will think, speak and act to restructure it. For example, the practice of arbitrary appointments of the Supreme Court judges with utter disregard to the basic Parliamentary hearing and voting procedures.

The basic democratic procedures of the government appointments are first the cabinet nominates the candidates for the Parliamentary hearing and voting to check the background and job skill of the nominees. Then only the qualified nominees are appointed to the post.

The institutionalizations of the electoral logistics of the democracy are based on the basic democratic norms and principles. If we are serious about it we must institutionalize such electoral logistics of democracy according to our political geography of the country as follow:

Upper house members of the Parliament must be elected by the popular votes of people. Candidates contend from the professionals, intellectuals, civil society, human rights activists; one from each district of Nepal (75 members). No more arbitrary nominations and appointments by the king, or political parties. Minimum academic qualification: Bachelor’s degree from accredited institution.

Lower house members must be elected by the popular votes of people. Contenders will be political parties and independents from each district; number of candidates based on the population of each district.

Let us pledge to make this our minimum demand for establishing institutions for basic electoral logistics of democracy that will restructure the state from the grass-root level.

Minimum academic qualification: Bachelor’s degree from accredited institution.District governors or chairs must be elected by the popular votes of people of each district Contenders from the political parties and independent to administer the district. No more arbitrary appointments from government employees as chief district officers.

Minimum academic qualification: Bachelor’s degree from accredited institution.District assembly members are elected by the popular votes of people of each district. Candidates from the political parties and independent to form the district legislative body to regulate district rules and regulations and to form district cabinet to administer the district.

Minimum academic qualification: high school graduation (SLC+2 or 10+2) degree from accredited institution.

Similarly village assembly chair and members, and chair must be elected by the popular votes of people of each village assembly to manage the basic daily necessities such as drinking water supply, garbage disposals, public forests, public parks, roads, places, public schools, local revenue collections and developments.

Minimum academic qualification: SLC from accredited institution.District judges, district attorneys, district police chief or law enforcement officers must be elected by the popular votes of the people of each district of Nepal.

Minimum academic qualification for the judge: BL from accredited institution, experienced with the practice of law at the court and permanent resident of the district.

Minimum academic qualification for the attorney: BL from accredited institution and permanent resident of the district.

Minimum academic qualification for the law enforcement officer (police officer): Bachelor’s degree from accredited institution, police academy training certifications, experienced in law enforcement practice and permanent resident of the district. There should be a National Investigation Agency to trace the nation’s law enforcement credibility and compatibility. But there should no national police headquarters to manage the police force like in the feudal oligarchic regimes and in the totalitarian communist regimes. The police force should be confined to the district level. There should be only district police chief elected by the people of each district of Nepal.

All police officers and personnel must be the permanent resident of the district where they are appointed to a post. The legislature bills must be formed into the law through the Parliamentary hearing and voting, but not by the arbitrary decisions of the government cabinet or powerful political party or an individual like the Prime Minister. Let us pledge to make this our minimum demand for establishing institutions for basic electoral logistics of democracy that will restructure the state from the grass-root level.

Let us put out hearts and minds in this pursuit to lobby civil society members, human rights activists, political parties’ leaders and ruling elites in government.

We have lived two hundred fifty years under the arbitrary rule of law. Now we must stand for our rights to live our civic lives under the rule of law.

Mr. Bom is an IT worker at the Katherine Gibbs Schools of New York and can be reached at [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])