Monday, July 31, 2006

What Is The SPA Report On The Maoists?

In Germany they first came for the Communists,
and I didn't speak up because I wasn't a Communist.

Then they came for the Jews,
and I didn't speak up because I wasn't a Jew.

Then they came for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.

Then they came for the Catholics,
and I didn't speak up because I was a Protestant.

Then they came for me —
and by that time no one was left to speak up.


Maoists are hounding out Indians Times of India, India Death threats, 24-hour deadlines for leaving with bag and baggage have been received by Indian hospitality sector employees and businessmen, creating a sense of deep fear in the community. ..... The frightened community leaders have gone to the Indian embassy in Kathmandu for protection. Although the foreign office here confirmed that chauvinistic Maoists are driving out Indians, it has surprisingly not taken a public position on the issue -- apparently, it will when the threat triggers a deluge. ........ July 26, Maoists forced their way into the Kathmandu home of Rajesh Kataria and Kishore Sagar, employed in one of the numerous casinos in Kathmandu ....... Sagar was out, but Kataria was roundly threatened by his Maoist visitors, who said they belonged to the Maoist All Nepal Hotel and Restaurant Workers Union. He was asked to leave Nepal or he would be physically thrown out within the week. The same message was passed on to Sagar. The union told the casino employees to stop providing them with food and other services at their residence.........
'We were very scared' Times of India, India Rajesh Kataria and Kishore Sagar, employed by Indian businessman and casino owner Rakesh Wadhwa, resigned after being threatened by Maoists. ..... senior employees in other hotels like Everest and Hyatt had also received threats. ...... July 28, Rakesh Wadhwa and his wife Shalini, who run magazines like Boss and Voice of Women, received a set of demands from the Maoist union. The memorandum issued included a clause saying "non-Nepali citizens other than technical ones working in Casino Everest be removed and the seats be replaced by Nepali citizens (sic)". ........ Shalini Wadhwa, who has also received death threats ....... The employees were accompanied by a person who said he was a Maoist. While negotiations were on, he intervened. In a veiled manner he said, 'We (Maoists) have a policy -- we shoot those who don't listen to us'." ........ the brazen campaign over the past few months, particularly after the SPA-Maoist regime took over from the King, to target Indian workers, entrepreneurs in different parts of the country. ........ The basic demand is simple: ask Indians to leave and replace them with Nepalis. ....... Indian ambassador Shiv Shankar Mukherjee is due to visit the home minister on Tuesday to ask for some action. Nobody is particularly hopeful, because, even the political parties.... are scared of the Maoists. ........ not just individual managers and workers who are at the recieving end of a campaign which, stripped of its revolutionary trappings, is little more than plain extortion. ....... In May, Maoists went after Indian industries in Birgunj, with a number of unreasonable demands, including removing Indian workers from the industries there. After protracted negotiations and when it was made clear that the industries couldn't really do without Indian skills, the Maoists backed off.
This is greatly troubling. What is the situation on the ground?

Either the Maoist leaders like Prachanda, Baburam and Mahara condone these acts, or they don't. And they are going to have to say where they stand.

The Hardliner Democrat Approach
The Bombing Of A Bus

There are various possibilities.

(1) Moriarty Is Right

He sees the Maoists for what they really are. These people have not changed at all. They are trying to pull a Lenin. They will use the constituent assembly to impose a totalitarian state.

(2) The Peace Process Has Been Too Slow

Girija Koirala wants the Maoists to disarm and the Nepal Army to remain as it is. That is counter to the 12 point agreement. That can push the Maoists into a corner. Their hardliners gain a upper hand.

(3) Maoist Leadership Is Not In Control

A lot of third rate criminals have infiltrated the Maoist ranks. Joining the party is easy money. Whatever the case, the Maoist leadership has to be confronted.

(4) The SPA Has To Make Its Case

Girija Koirala should be able to address the nation in a televised speech and lay the case. What does he think? Does he fear the worst? The worst case scenario is where you steal the Maoists' political thunder, and go for the military option.


Where Do I Stand

I don't see it in black and white.

The rule of law and multi-party democracy the Maoists have committed themselves to asks that they come into power through the ballot box, and if they can't win a majority they form a coalition, and they pass a law that bars Indian citizens from holding jobs in Nepal. That would be legitimate. This is fascism. This is xenophobia.

India is America. Nepal is Mexico. It is Nepalis that are flooding India. Before the fascist criminals in Nepal do their do, they should check the facts.

This is not an either/or question. The Maoists have to be tackled on many fronts at once.

Arms Management

This has been a stickler. The SPA has to show flexibility in ways that give the ballot box the advantage. I think the Moriarty and Girija model push the country closer to an all out civil war. I think the UN option is much better.

"According to the model proposed by the UN, weapons of scattered barracks of the Nepali Army would be placed in a unified camp with a similar arrangement for the rebels."

Asking the Maoists to disarm now raises their worst fears. They feel cornered. We have to understand that. On the other hand the SPA does have to understand that it is this army that kings have used to rob the country of democracy repeatedly. You can not all of a sudden fall in love with this army, especially with the people in the upper ranks.

Negotiating From A Position Of Strength

Democrats do hold armies. Democrats do fight wars. Liberty does sometimes ask for that ultimate sacrifice. But it is for the political leadership to make the case. And it is for the SPA to bring the army firmly under the parliament.

But for any military action to be successful, the political fight has to be won first. It has to be shown the Maoists were dishonest on the constituent assembly question.

If the SPA were to make the case for a war, there will be a lot of foreign military aid pouring into the country. But war is always a weapon of last resort. And all political options have to be exhausted first.

The SPA is nowhere close to exhausting all the political options.

Girija Koirala has to admit that his stand that the Maoists disarm now is a deviation from the 12 point agreement. So he can go back to the agreement, or he can seek mutually agreed deviation, and what the UN is suggesting is precisely that. That option will also give us an opportunity to reorganize the army, to restructure it to make it look like Nepal.

Check The Facts

Signing agreements is not enough. If you have a ceasefire agreement, there has to be a mechanism in place to make sure both sides are following the letter and spirit of the agreement.

Political Solution

I still think we should focus on the political solution. War has to be avoided. Power flows through the ballot box.

The government's task is not easy at all. There are so many uncertainties. I don't envy them. But we do have to keep our eyes on the ultimate goal: free and fair elections to a constituent assembly.

We are going to have to move beyond our sole stated goal that the Maoists disarm. That stand hurts the peace process.

Sheer Incompetence

The biggest mistake the SPA government has made is to not have set up a Truth And Reconciliation Commission. (Land Reform, Truth And Reconciliation) I can't see how you can move towards a permanent peace without that.

Fire Some Generals
Interim Monarchy, Interim Army, Interim Parliament
Interim Army: You Can Walk And Chew Gum At The Same Time
The Concept Of National Capital And The Maoists
Political Decisions, House Dissolution, Maoist Transformation
Interim Constitution Draft
Two Armies: What To Do
Rubbing The Maoist Nose In The Dust Is Not Smart
International Sanctions On Nepal Army Have To Continue
Bodyguards For Prachanda And Baburam
Abolish The Monarchy, Abolish The Army
Monarchy, Army, Federalism
40 Seats For Maoists, 25 For Others
Nepal As A Cutting Edge Democracy
A New Nepal Has Been Born
Land Reform, Truth And Reconciliation
We Took Care Of The King, Pyar Jung Is Small Fry
Dismantle The Two Armies
Reciprocate The Maoist Ceasefire Immediately
Army Under Parliament, Now
Maoist Reaction To Democratic Victory: Not Right
18 Days Of April Revolution: Victory

In The News

Trouble for Nepalis here? Times of India, India
Maoists threaten Indians working at casinos Hindu, India
Two Indian Nationals ‘Forced’ To Quit Casino Job Himalayan Times, Nepal
Maoists drive away Indians from Nepal casinos DailyIndia.com, NY
Maoists drive away Indians from Nepal casinos India eNews.com, India
Maoists threaten Indian workers in Nepal Chennai Online, India


Transitioning Nepal’s Army

Shobhakar Budhathoki

Nepal’s government faces numerous challenges to restructuring the country’s army that go far beyond the House of Representative’s removal of “royal” from the name, announcing new processes for mobilization and recruitment, and changing the official structure through their political proclamation on May 18, 2006. However, the military has historically played a supportive role in dismantling the democratic system and in the institutionalization of the monarchy’s supremacy, leaving it ingrained with an undemocratic nature. Although the military receives high respect in UN peacekeeping missions, it has maintained an exceedingly distrusted identity domestically due to it’s involvement in suppressing the people’s aspirations for democracy both with its involvement in the 1960 coup and again in 2005, and its systematic abuse of human rights.

During the autocratic panchayat regime (1960- 1990), the military played a primary role to carry out repressive measures against democratic forces. After the restoration of democracy in 1990, the military was, in theory, placed under the National Security Council headed by the Prime Minister. But the King, as the supreme commander of the army, continued to exercise authority over military deployment and the daily business of the army through the military secretariat located inside the palace. The military also directly supported the King’s assumption of all executive powers in October 2002 and the establishment of direct rule in February 2005.

The military has led the ‘unified command,’ which is responsible for numerous brutal acts of suppression that has resulted in the killing of hundreds of innocent civilians in the name of eliminating “terrorists” throughout the country during the King’s 15 months direct rule, and it has systematically committed some of the most egregious human rights abuses. The military came to the streets to suppress the peaceful demonstrations of the April 2006 movement, and indiscriminately fired on crowds in various parts of the country, which killed at least 21 Nepali citizens and injured more than five thousand peaceful agitators, as well as resulted in dozens being permanently disabled. Before the nonviolent demonstrations, and even prior to the 2005 coup, the military was responsible for disappearances, extrajudicial killings, and torture, all on a systematic level, as evident in the recent report of the 49 ‘disappeared’ persons from Bhairabanath military barrack, who had been detained since 2003.

Nepal’s military was not principally created for encounters within the country or for internal affairs. As King Gyanendra took the throne after the still-unexplained royal massacre in June 2001, the military suddenly became enthusiastic to play a proactive role in Nepal’s internal issues and carried out the instructions of the palace, thereby isolating the country’s prime minister. It conducted activities to purposefully spoil the 2001 ceasefire and dialogue period, played a provocative and offensive role aimed at disrupting the peace process in 2003 (Doramba killings), and carried out numerous brutal operations and indiscriminate killings during the 2005/06 Maoist unilateral ceasefire, such as the Nagarkot massacre, and the Palpa and Morang killings.

The structure, system, and methods of the Nepal army are in themselves autocratic and feudal, and have only led to increased distrust from the people because of its authoritarian nature, attitude and actions. The army, in order to serve a democratic nation and terminate the practices that are illegal (torture, disappearances, etc…) must face a transformation and restructuring to transfer loyalty to the people’s institutions such as parliament, and must become an army who respects and abides by the rule of law. Therefore, the government must initiate immediate steps to restructure and democratize the military. Until the process is complete, accountability established, and the recommendations of the recently formed inquiry commission to address the atrocities that occurred during the April 2006 movement are implemented, military aid and recruitment must be suspended. An independent investigation of the army’s systematic human rights abuses, such as rape, torture, disappearances, arbitrary detention in military barracks, and extrajudicial killings, must be undertaken to begin dismantling the previous system of impunity they had while serving the monarchy.

Furthermore, the passports of all military commanders and commanders of other security forces throughout the country who were deployed to suppress the movement or who have committed, ordered, or complied with atrocities carried out during the insurgency should be confiscated until the independent investigation and prosecutions have been completed to prevent them from fleeing. The international community should refuse entry of Nepali human rights abusers, including military officers, and make public the international bank accounts of those perpetrators. The UN Security Council and the Department of Peacekeeping Operations should also set pre-conditions for the resumption of the Nepali army in peacekeeping operations, requiring demonstrated transformation of the army through decreased abuses, carrying out orders from the democratic government, etc.

For transformation of the army, incentives programs must be implemented for the military’s pro-democratic officials, those who have demonstrated honor, and those who actively support the investigation process. Democratizing the military must include establishing an equitable promotion process that provides opportunity to any enlisted soldier despite their family status and connections, ethnicity, gender, etc. Similarly, the government can increase army loyalty by establishing mechanisms for even lower-ranking soldiers to receive incentives such as education, home loans, technical training, and professional opportunities. Of course this will require significant financing, and the process of transferring loyalties will not occur quickly, but this government can begin the process.

Restructuring the military is an essential component to institutionalizing the democratic system and to holding a free and fair constituent assembly election, whereby respecting the people’s aspirations during the movement. By making only legal changes, the genuine conversion of loyalty from the monarchy to the citizens of Nepal will not be achieved, and as long as the army remains under the command of the King, legally or not, democracy and its institutions in Nepal continue to be under threat.

Steering committee member of the Defend Human Rights Movement- Nepal, Budhathoki holds a Masters Degree in Peace and Justice Studies from the University of San Diego, USA.

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2 comments:

Anonymous said...

Paramendra writes:
Girija Koirala has to admit that his stand that the Maoists disarm now is a deviation from the 12 point agreement.


What about the Madhesis demand for citizenship prior to the CA elections (or there be no CA elections at all)? Is that in the 12-point agreement?

11:36 AM
Anonymous said...

The revived House has promised to solve the citizenship papers issue.

12:20 PM

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