Sunday, May 07, 2006

A Sad Article By Laba Karki


Undercurrents Of A Counter-Revolution

This article below by Laba Karki is rather sad. Karki I guess is one of those who spend time in the west only to learn to look down upon the country they came from. They learn to think of their own people as lesser people. White guys in America can handle democracy, Nepalis can't. That is the premise of their supposition.

This article comes not long after a widely circulated petition that argues against a constituent assembly, which reads like the manifesto of some kind of a counter revolution. The question I ask of many Nepalis in America is how can you be in America and so miss the point of democracy!

Democracies have elections, but elections are not democracy, human rights are democracy. The seven party alliance in Nepal understands that. That is whey they boycotted the king's municipal polls. Remember?

Karki seems to think as long as you can drop names like Zakaria and Newsweek and Plato, the gullible Nepalis will just throng behind you. Anything western is cool. Time magazine said it, don't look at me.

I will be one of the first to admit a country like Nepal can learn a lot from a country like America. But democracy is not an American export. Freedom rings in every heart, every soul. It comes from inside. On the other hand there are things Nepal could teach America. On democracy.

I believe the April Revolution has given Nepal an opportunity to shoot for a cutting edge democracy such that the April Revolution can stand in the same league as the October Revolution in Russia, the French Revolution, the American Revolution, and the Indian Struggle For Independence. But whether or not we will qualify will depend on if or not we can give an original twist to the concept of democracy in our next constitution. I think we should shoot for a democracy where parties do not get to raise funds, instead they get state funds in direct proportion to the number of votes they earn, and they keep all their book keeping online.

It has not happened yet, and the seven party alliance might still end up squandering the opportunity, but Nepal might as well end up teaching America democracy.

Laba Karki obviously has not read the 12 point agreement. The eight parties have made a very clear commitment to human rights, rule of law, and all the fundamentals that make a democracy. The constituent assembly might or might not make the country a republic, it might or might not give the country federalism, but there is no doubt human rights and rule of law will be protected.

It is staus quoists who fear the constituent assembly. Dalits might end up in the parliament: that is one scary thought. Some Madhesi might become President. Women might get full fledged property rights. The status quoists fear such possibilities. No amount of education seems to cure them of that fear. Some of those status quoists are Thapas, Ranas, Shahas, Mandales, some are Congressi, some are communist. Many are Pahadi. They fear social justice, they fear true equality. The promise of equality makes them lose their center of gravity. They find themselves gasping for air.

Heck, I have seen that happen in New York. Pahadis who have to deny my political work, and describe me as "a journalist." Pahadis who are dripping with anti-Madhesi prejudice. That is the only thing that binds them together. No wonder they hold on to it so strong, and look so foolish in the American context. Political power is about numbers, and the only way Pahadis are going to earn voting rights in America is by claiming their Desi identity, and when you do that, Pahadis are only mabye one out of 100 people in the room, likely less. On the other hand, some of them seriously might not be understanding how Hamro Nepal is the "world's first digital democracy organization," and I invented it, I am its founding president. Howard Dean organized an entire presidential campaign around a blog. But the Pahadis mean disrespect.

A constituent assembly is the only meeting point. That is the political reality in Nepal. How can you not see it? How can you deny it? What's wrong with you?

There is still the danger that the DaMaJaMa might not wake up in time to make the most of the constituent assembly. But a constituent assembly is the only way to channel the genuine DaMaJaMa grievances in a peaceful manner. Madhesis do not earn their rights at the expense of the Pahadis. DaMaJaMa attaining equality is a way to expand the pie for everybody. Segregation in America was bad for both blacks and whites. It was a social disease that affected all society.

The Pahadis in America are like the Madhesis in Nepal: they face utter powerlessness. You combine that with their strong anti-Madhesi prejudice and they just look so stupid. They need to overcome their anti-Madhesi prejudice or they stay powerless in America. That is what it boils down to.

In Laba Karki's case, what a waste of intellect.

War is not a possibility because the king gave up power. War was happening while he was in power. Where were you? How did you miss the action?

Democracy is not mob rule. A democratic constitution is designed to protect the individual from the state. No super majority could take away your right to free speech, for example. But those who say democracy is mob rule mean to suggest kingship is better because it is not the mob but one special person who is in charge. If we are arguing monarchy versus democracy, I thought we were already past that.

I take personal offense at Karki's disrespectful mention of the Indian democracy. Maybe he is one of those Pahadis for whom disliking India is what defines them as Nepali in their minds. It is called false nationalism. A healthy identity is a positive identity. These Pahadis lack it.

"He argued that “democracy” could not work as a reasonable, just political system, possibly in the context of Nepal where the people are backward and the party leaders ill-educated and corrupt."

Read: the Nepalis are a lesser people. If it were Moriarty and not Karki saying this, I would accuse that white male of racism. But funny I have never heard Moriarty suggest the Nepali people are not good enough for democracy. Maybe Karki knows a thing or two about America Moriarty does not. And what does Moriarty know about Nepal!

Kamal Thapa is nowhere to be seen. But now we have Laba Karki repeat the mantra that it is the Maoists who were behind the April Revolution.

"Reports indicate that the mass was driven not just by the Seven Party Alliance (SPA) but more so by the threats of extremist elements. And, with the Maoists’ call for constituent assembly, and its subsequent ratification by the restored Parliament, we are now faced with the stark prospect of a much more ominous dilemma-will the free elections transform Nepal into a Maoist republic with an illiberal, barbaric, and totalitarian constitution?"

The people came out in the streets because they so feared the Maoists. Wow. I am not even going to respond to that line of thinking. That is oh so Mandale.

"Clearly, the real winners of the SPA movement appear to be the Maoists who are now at the helm of Nepali politics ready to radically alter the constitution of Nepal (1990)."

Karki seems to suffer from the illusion that the idea is to amend the 1990 constitution. That the constituent assembly is not. The idea is to scrap it and begin afresh.

"The textual meaning of the1990 constitution of Nepal incorporates the principles of a “liberal democracy” and it reflects the spirit of our nation, people, and glorious history. And, the articles provide for the separation of powers: the Executive, Legislative and Judicial branch of government with appropriate checks and balances."

This Inadequate, Improper, Insufficient 1990 Constitution (April 4, 2005)

It must be a Bahun thing to like the 1990 constitution, because it so thoroughly marginalizes all the others.

"The Western world should be aware that the King has historically, traditionally and religiously been a symbol of unity and peace for the vast silent majority of various multi-ethnic and multi-lingual groups of people in Nepal."

That is why I have argued we should export the king to India. India is a larger, more diverse country. (King Of India)

".....and the rise of Maoist totalitarianism that may ultimately lead Nepal to becoming a satellite state of our southern neighbour."

There you go. Fear Maoists, fear India. That is oh so Mandale.


The Dilemma of Constituent Assembly:
Rise of Illiberal Democracy and Maoist Socialism

By Laba Karki, Ph. D.

It should be forewarned that the dilemma of free elections for constituent assembly (the process of electing a body for drafting a new constitution) in Nepal is that it will potentially lead to victory by anti-liberal forces, and thereby give rise to “illiberal democracy” and Maoist socialism-that is, a freely elected government, which however fails to safeguard basic liberties and individual freedom of Nepali citizens.

Fareed Zakaria (editor of Newsweek International) cautions that we are witnessing a disturbing phenomenon of so-called democratically elected regimes, even those that have been re-elected or re-affirmed through referendum, especially in the Third World countries from Peru to Philippines. He calls this phenomenon the “rise of illiberal democracies,” states that hold free elections but ignore constitutional limits on their power, deprive their citizens of basic rights, and do not honor the rule of the law.

Zakaria argues that democracy without constitutional liberalism produces centralized regimes with erosion of liberty, ethnic competition, conflict, and war- a looming possibility for Nepal following King Gyanendra’s recent relinquishment of executive power to the ex-parliamentary leaders. “Illiberal democracy” perhaps owes its roots to ancient Greece (where democracy originated). Plato, one of the greatest minds in Western philosophy, in his book “The Republic” warned civilization 2,400 years ago that “democracy” leads inexorably to “mob-rule” or “dictatorship of the proletariat” by stupid (sophists), who while they may have fine rhetorical skills (that can exert some control over the masses) have no true knowledge itself.

Examples of these mob-ruled democracies are rife in our own backyard, India. Plato, therefore, believed in some form of monarchial hierarchy. He argued that “democracy” could not work as a reasonable, just political system, possibly in the context of Nepal where the people are backward and the party leaders ill-educated and corrupt.

In Nepal’s context, the irony of the recent victory for peoples’ movement for democracy is the likelihood of formation of a Maoist republic-a virulent form of “illiberal democracy.” The young Nepali masses chanted slogans demanding “lok-tantra” or “people-power” during past April’s movement calling an end to King Gyanendra’s direct rule.

But, who were the people to whom the power belonged? Was it all the duly qualified citizens? Or, was it only some of the people-the leaders of the 'mob'? Reports indicate that the mass was driven not just by the Seven Party Alliance (SPA) but more so by the threats of extremist elements. And, with the Maoists’ call for constituent assembly, and its subsequent ratification by the restored Parliament, we are now faced with the stark prospect of a much more ominous dilemma-will the free elections transform Nepal into a Maoist republic with an illiberal, barbaric, and totalitarian constitution?

“The Maoists are seeking a secular, socialistic republic with radical land distribution and removal of the monarchy. However, few realize the dire consequences of electing a constituent assembly.”

Clearly, the real winners of the SPA movement appear to be the Maoists who are now at the helm of Nepali politics ready to radically alter the constitution of Nepal (1990). The Maoists are seeking a secular, socialistic republic with radical land distribution and removal of the monarchy. However, few realize the dire consequences of electing a constituent assembly.

Basically, the Maoist-dictated and drafted constitution will trample on individual liberty and freedom, lead to mass migration of Nepalis, extinguish the nationalistic spirit of Nepal, and negatively impact the fledgling capitalistic economy. Hegel (1770-1831)-- one of the greatest “idealist” philosophers-- said, “A constitution is the dwelling spirit of the history of the nation.” Hegel argues that a constitution is neither something manufactured, nor just papers like the many constitutions written and torn up during the French revolution.

A constitution, he says, is a work of centuries that represents the historical development of the spirit of the people. Accordingly, Hegel argues that it is impossible for the cultivation or imposition of a constitution from an external source to succeed at all. Thus, it follows that any attempt to radically impose extremist philosophy into the already living, breathing document of the constitution of Nepal 1990, is doomed to fail because it will be devoid of the spirit of the Nepali people and the nation. The textual meaning of the1990 constitution of Nepal incorporates the principles of a “liberal democracy” and it reflects the spirit of our nation, people, and glorious history. And, the articles provide for the separation of powers: the Executive, Legislative and Judicial branch of government with appropriate checks and balances.

The Nepali constitution 1990 incorporates the “fundamental rights” of citizens just like the American “Bill of Rights”. A bicameral system with His Majesty’s Raj Parishad with emergency powers on the one hand, and the executive branch headed by the parliamentary Prime Minister on the other, functions as twin pillars of democracy with proper checks and balances. Anything less than the bicameral powers in the new constitution would be a denial of the history and spirit of our nation.

The Western world should be aware that the King has historically, traditionally and religiously been a symbol of unity and peace for the vast silent majority of various multi-ethnic and multi-lingual groups of people in Nepal. The constitution is the framework for the law of the land and defines how we as people want ourselves to be and what rights we ascribe to ourselves. The constitution, however, must give adequate powers to the monarch to provide checks and balances on the authority of parliament-the abuse of which was not uncommon in the past. (One should note that the American constitution was adopted in 1787, after more than a decade since Independence in 1776, and there has never been a time when a constituent assembly convened to change it; rather the constitution contains 27 amendments.)

Finally, we should be cautious and informed about the consequences of going for constituent assembly in Nepal. Democracy without constitutional liberalism and constitution without democratic liberalism is dangerous and should be discouraged. Else, we are faced with the reality of a republic without proper checks and balances, without a national identity, without the rule of law, without individual freedom of life, liberty and property--a classic scenario of “illiberal democracy” and the rise of Maoist totalitarianism that may ultimately lead Nepal to becoming a satellite state of our southern neighbour.

Laba Karki, Ph.D., J.D. is a practicing Attorney in Virginia, the USA, and has contributed extensively in the scientific and legal fields. Please send your comments to lkarki@law.gwu.edu



Date: Sun, 7 May 2006 07:16:54 -0700 (PDT)
From: "Prakash Gnyawali" pgnyawali@yahoo.com
Subject: PRESS RELEASE: People's movement for democracy in Nepal and Thailand highlighted
To: "Prakash Gnyawali"

THAI SOLIDARITY GROUP FOR DEMOCRATIC MOVEMENT IN NEPAL

7 May 2006
PRESS RELEASE

People's movement for democracy in Nepal and Thailand highlighted

(Bangkok, 7 May 2006) Political leaders and civil society representatives stressed the regular monitoring of the situation in Nepal and sought strong solidarity for democratic movement in both the countries in Bangkok, Thailand.

Speaking at a brainstorming and seminar on 'Fighting for Democracy: Experiences of People's Movement in Nepal and Thailand', organised by the Thai Solidarity Group for Democratic Movement in Nepal, Sulak Sivarak, senior civil society member and democratic activist in Thailand, highlighted the role of monarchy and democracy in various countries. "Institutions are for the people, but neither for the constitution nor the sake of continuation of royal governance. The future of Nepal has to be determined along with the spirit of the people's movement", he said.

Professor Surat Horachaikul, Director of South Asia Institute, Chulalongkorn University, Bangkok, emphasized people to people contact to make sure that their issues would reflect at the new constitution in Nepal. However, the sustainable democracy cannot be guaranteed merely by the constitution. There are many issues such as civic education and reflection of people's agenda in the state systems to lay people to develop free will, he said.

Professor Jaran Dita-apichai, Member of the National Human Rights Commission (NHRC), Thailand said that the new political scenario in Nepal should reflect people's demands in its reality and the international community have to be constant vigilance. "Thai democracy could be meaningful if we look at the general willingness of the people", he said while illustrating the people's movement for democracy in Thailand.

Speaking at the programme, Surapong Jayanama, Former Ambassador of Thailand, pointed out the geo-political position of Nepal and the importance of international concern in determining the status of democratic system. "People's movement and the international concern have forced the king to give up the power and accept the agenda of the political parties", he added. People's movement in both the country is directed towards democracy, where the people are struggling against the king in Nepal, and against the government of Thaksin Shinawatra in Thailand, Surapong compared the movement in two countries.

Somsak Kosaisuk, Leader of the People's Alliance for Democracy (PAD), Thailand said, "People’s understanding has to be reflected in the process and they should not be left behind. Speaking at the programme, Ekraj Sabur, of Youth Coordination Centre International stressed the importance of continued effective monitoring of the situation for true benefit of the Nepalese people.

Sarba Khadka, Ph D student at the Asian Institute of Technology (AIT), Thailand presented a paper on the political situation and people's movement for democracy in Nepal. Similarly, Somkiat Pongpaiboon, Lecturer, Rajapat Nahorn Ratchasima University, explained about the political situation, and formation and strategies of the People's Alliance for Democracy (PAD) in Thailand.

Other speakers of the programme include Rawai Pu-paka, of the International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM)-Thailand, Somyot Pruksakasemsuk, of the Alliance of Democratic Trade Unions (ADTU), Thailand, Supawadee Petcharat, of 1000 Women for Nobel Peace Prize 2005, and Chalida Tajaroensuk, of Asian Forum for Human Rights and Development (FORUM-ASIA). Nearly one hundred and eighty participants attended at the seminar.

Thai Solidarity Group for Democratic Movement in Nepal is a network of trade unions, human rights organisations and women's labour organisations in Thailand, dedicated to support the democratic movement of Nepalese people.

For further information, please contact:
Parat (APWSL): +66 (0) 951 72087 (Mobile)
Somyot (ADTU): +66 (0) 182 29477 (Mobile)
Altaf or Prakash (FORUM-ASIA): +66 (0)2 391 8801 (Tel.), +66 (0)2 391 8764 (Fax)
Deepa (CAW): +66 (0) 914 26233 (Mobile) 1

Prakash Bom For Strong Districts


An appeal to the People’s Movement II to continue with active campaign of Civil Society, Human Rights Activists, Lawyers, Journalists, Intellectuals, &Youths of Nepal to establish a Decentralized Electoral (Federal) System of Government:

The leaders of political parties of Nepal are prone to get succumb to their parties’ self-interest for power. Once they get into the government their minds get lost even at this critical stage of national crises – “so much for just forming a cabinet to pave the road for Interim Government to perform the election of National Assembly!”

Nepali people have let them do this in the past. But now at this juncture we must be actively vigilant to guard the verdict of the People’s Movement II getting slipped away from the political party leaders’ wicked hands.

Until we successfully accomplish the foundation of the complete democracy through the election of the Constituent Assembly – for Republican or ceremonial monarchical Multiparty Democracy, we must not put an end to the People’s Movement II. We must keep moving on with it until we reach to our destination.

People’s movement II have warned the political leaders of all party that they must not repeat the same mistakes again as they had committed in last fifteen years.

One of the mistakes that leaders kept committing was their inability to find the common denominator to resolved the national crises. Instead they strived for their own self-interest.

To this juncture we ‘Nepali people’ owe our deep respect to the members of civil society, human rights activists, journalists, lawyers and youth organizations who have united us to fight the cause not only in Nepal but global wise.

Now we have found the common denominator “The Election Of The Constituent Assembly”. We must therefore most precisely and vigilantly establish the secular Democratic legislature, executive and judiciary logistics to abolish feudal autocratic and oligarchic governing systems, which are creeping viruses in the government agencies.

In my humble appeal to you all I would like to remind you that the oligarchic administrative logistics are dominant elements of feudal autocratic regime. They are not only corrupt but also parasitical in the government practice.

Therefore, we all members of Civil Society, Human Rights Activists, Lawyers, Journalists, Intellectuals, &Youths of Nepal must campaign to abolish such logistics and bring about changes in the ‘New Constitution of People of Nepal’ that gives fundamental rights and responsibility to the people to be governed by themselves.

I hope you will not hesitate to agree with me to abolish following oligarchic logistics of the autocratic government:

  1. Abolish ‘Chief District Officer’ as central government’s appointee to administer the districts of Nepal. This is an oligarchic logistic began from Rana regime. If in Democracy people are to rule themselves through electoral process from the grassroots of government practice, how can a central government appointee from Bhojpur run the district administration of Doti? Such practice from the government must be fundamentally and radically abolished in our “New Democratic Constitution.”

We must campaign therefore to establish an autonomous district level government in our New Democratic Constitution.

As in most democratic countries’ government practice, the elected (state) district chairman or governor must run the district administration by forming a district cabinet from among the elected district assembly members in majority or collision just as in the federal or central government cabinet.

But any system of government that has central government’s appointee such as CDO that administers the state or district violates the fundamental rights and responsibility of people.

In last twelve years of multiparty system of government CDOS gave no place for the elected members of district assembly and district chair to legislate and administer the district. Instead few members became rebel and most of them remain puppets of CDOS to exploit the development budgets for their self-interest.

Thus CDOS had brought corruptions and injustice in the administration and development of the districts of Nepal.

We must campaign for New Democratic Constitution that can clearly define the off-limits of the Central Government:

The work of federal government is to formulate administrative policies to execute the legislations of the Parliament for the domestic and international relations with the broader national interest.

The New Constitution must secure independence of the local government to form its own cabinet with the district chair or governor.

The constitution must assure the district as autonomous government so it can formulate its own specific district government logistics and policies through the legislature of the local assembly.

For instant, the local government must have policy to collect local tax such as property tax, local wages tax, local sales tax, local income tax etc as its revenue.

In this New Constitution there should be clear distinction between what local revenues and what federal revenues are. Yet federal government must have policies to audit the local revenues to figure it out for the development assistance and natural disaster relief funds.

Similarly the electoral member of municipality and village council must form a cabinet under elected mayor to administer the cities and the villages.

There should be no appointees from the central government to administer the local body of the government.

Rather with the recommendation of the local government the central government will establish its agencies’ services on Education, Population, Agriculture, Industries, Transports etc.

The district Public Commission agency should provide the human resources for the managements of local government as per local government’s recommendation.

The New Constitution must make clear that the electoral members of the district assembly and chairperson, and electoral members of municipality assembly and mayor and members of village assembly and mayor must administer the local bodies of the government.

But it must be unconstitutional for the central government appointees to rule the local bodies of government. If the New Constitution did not abolish such logistics of oligarchic governance then that will be utter violation of fundamental rights of people of Nepal to have right and responsibility to rule themselves.

The electoral members of National Constituent Assembly must define the off-limits of the central government in the New Constitution precisely and thereby let people put their houses together themselves in their own home districts, municipalities and villages.

Party leaders must have observed the significance of the local governance from the successful example of the Community Forest managements that took place in last twelve years’ democracy in Nepal!

Legislators and party leaders must advocate abolishing such an oligarchic central government’s appointment of CDO to administer districts of Nepali.

This will also eliminate the chances for political leaders to manipulate CDOS for their own political self-interest.

In most of democratic countries the law enforcement logistics are established from the local level of government. The ‘county’ village law enforcement officer ‘sheriff’, municipality and district enforcement officers must be the permanent residence (from 6 months to 2 years’ residency) of the (state) district.

In general election they are in the ballot with rest of the candidates. There’s no central government appointee for the law enforcement officer or police.

  1. Abolish therefore ‘DSP, SSP, ISP’ law enforcement officers or police officers as appointees of the central government logistics.

The district, municipality chief law enforcement officer (police officer) and village sheriff (village chief law enforcement officer) must be the permanent resident of the district, municipality and the village and they must be in the ballot of every general election.

There should be police academy in every district from where the police forces are trained and supply to demand of the district, municipality and village. Provided members of police forces are the permanent resident of the district.

The New Constitution must not allow central government to appoint a law enforcement officer from the district of Bhojpur to police the district of Jumla. Otherwise this will be the violation of the fundamental rights of people of Nepal to choose to rule themselves.

Similarly in most of the democratic governments, except for the Supreme Court Justices all other district judges and attorneys are in the ballot of the general election and they must be the resident of the (state) district.

  1. Abolish the appointment of district attorney and district Judge. They too must be permanent resident of the district and must be put in the ballots of every general election.

Local governments resource management:

The New Constitution must define article for local governments resource management for water supply, sanitation, health and education.

For instance, how education system should be managed in grassroots level.

There must be election for members of the council of education in every village school district, and municipality school district. For example, Kathmandu municipality might have at list a hundred school districts.

The elected school district members of council should be responsible for each school district’s education that meets national standard. The members should also be in the ballots in every general election.

Civil Society, Human Rights activists, lawyers, journalists, intellectuals, and youths must stand vigilantly to make sure the New Constitution must abolish the central government’s oligarchic control of the governance of the districts of Nepal.

It must rather assure clearly the establishment provisions for the autonomous local government’s logistics. Thereby the citizens of each district from different walks of life must be given their fundamental rights and responsibility to govern their own district through the process of general election.

We all should look and find the creeping parasites of oligarchic logistics in the domain of government practice that had and will violate the fundamental rights and responsibility of people. Then and there we must campaign against it to abolish from the government practice. This should be our culture of complete Democracy to never back off from standing for our right and responsibility.

Sincerely

Prakash Bom
pbom.usa@gmail.com
May 1, 2006