Tuesday, July 11, 2006

RPP For Federalism Ahead of UML, NC And NC(D)


Interim Constitution Draft
UML Inching Towards Federalism

I think it is really impressive that the RPP has beat the UML, the Congress and the Congress (D) at this game. And they have hinted they might as well adopt the slogan of a democratic republic.

If elections were to be held like in Israel where a party prepares a list of candidates, and gets seats based in direct proportion to the votes earned, the RPP might actually end up doing quite good.

Pashupati Rana might be upto something. He actually was out in the streets during the April Revolution, maybe not in a big way as others, but he sure was in the streets. There is one famous photo that shows him fisting into the air.

If Nepal is to become a federal republic, the parties that jump onto the bandwagon early will benefit the most electorally.
अन्तरिम संविधानलाई राप्रपाको राय
अन्तरिम संविधान निर्माण गरिँदा देहायका बुँदाहरू अनिवार्यरूपमा समावेश गरिनुपर्छ भन्ने राष्ट्रिय प्रजातन्त्र पार्टीको अवधारणा छ ।

-१) जनताको सर्वाेच्चता, सार्वभौमसत्तासम्पन्न नेपाल, मानवअधिकार, बहुदलीय प्रतिस्पर्धात्मक प्रजातन्त्र, कानुनी राज्य, विधिको शासन, मौलिक हक तथा प्रेस स्वतन्त्रताको प्रत्याभूति ।

-२) सर्वाेच्च अदालत, लोकसेवा आयोग, अख्तियार दुरुपयोग निवारण आयोग र महालेखा परीक्षकको प्रभावकारी भूमिका तथा प्रहरी सेवालाई दक्ष्ा र व्यावसायिक बनाउनका निम्ति प्रहरीसेवा आयोग गठन गरिनुपर्छ ।

-३) अन्तरिम शासन कालमा तानाशाही प्रवृत्तिको रोकथामका निमित्त शक्ति पृथकीकरणको सिद्धान्तको सुनिश्चितता । अन्तरिम मन्त्रिपरिषद् गठन भएपछि पनि व्यवस्थापिका वा त्यसको विकल्पमा उपयुक्त निकाय गठन गरी व्यवस्थापिकाको भूमिका प्रभावकारी हुनुपर्छ ।

-४) निर्वाचन प्रणाली- देशको वस्तुगत विशिष्टतालाई दृष्टिगत गरी अब हुने संविधानसभाको निर्वाचन समानुपातिक निर्वाचन प्रणालीका आधारमा गरिएमात्र समावेशी निर्वाचन हुन सक्तछ । समानुपातिक निर्वाचन पद्धति अन्तर्गतको सूचीप्रथा संविधानसभाको निर्वाचनका निमित्त उपयुक्त हुनेछ । तर मिश्रति निर्वाचन पद्धति पनि सहमतिका आधारमा अपनाउन सकिन्छ ।

-५) निर्वाचन क्ष्ाेत्र- संविधानसभाको निर्वाचनको प्रयोजनका लागि सिङ्गो मुलुकलाई एक निर्वाचन क्ष्ाेत्र कायम गर्न वाञ्छनीय देखिन्छ । तर मिश्रति निर्वाचन पद्धति लागू गरिएमा निर्वाचन क्ष्ाेत्रलाई अनिवार्य रूपमा पुनः गठन गर्नैपर्ने हुन्छ ।

-६) नेपाली जनताको चाहनाबमोजिम समावेशी सिद्धान्त अनुरूप अन्तरिम संविधान निर्माण गर्दा लिंग, जाति, जनजाति, मधेसी, दलित, अल्पसंख्यक एवं धर्म, भाषा, संस्कृति र क्ष्ाेत्रीयतालाई स्पष्टरूपमा सम्बोधन गरिनुपर्छ ।

-७) नागरिकता- नेपाली धर्तीमा जन्मिएका धर्तीपुत्रहरू विशेषगरी मधेसी समुदायहरू नागरिकता समस्याबाट पीडित छन् । संविधानसभाको निर्वाचन हुनुभन्दा अगाडि नागरिकता विहीन नेपालीहरूले नागरिकता प्राप्त गर्न सक्ने व्यवस्था अन्तरिम संविधानमै उल्लेख भएको हुनुपर्छ ।

-८) संघात्मक शासन प्रणाली- यथास्थितिमा मुलुक चल्न सक्तैन । आदिवासी जनजाति, मधेसी, लैङ्गकि विभेद, दलित, भाषिक र सांस्कृतिक तथा भौगोलिक रूपमा उपेक्षित क्षेत्रसमेतका समस्याहरू समाधान गरी राष्ट्रिय एकता बलियो बनाउँदै समावेशी प्रजातन्त्रको निमित्त वर्तमान राज्य व्यवस्थामा पुनः संरचना गर्नु जरुरी छ । तसर्थ विद्यमान शासन प्रणालीमा परिवर्तन गरी संघीय शासन व्यवस्था लागू गरिनुपर्छ । संघीय शासन व्यवस्था अन्तर्गत केन्द्रीय सरकारले देशको अर्थनीति, परराष्ट्र नीति, सुरक्षा, सार्वभौम सत्ता, सञ्चार, वैदेशिक वाणिज्य र राष्ट्रिय महत्त्वका विकास योजनाहरूमा रेखदेख सञ्चालन र नियन्त्रण गर्छ । यी मुद्दाहरूबाहेक अन्य विषयहरूमा क्ष्ाेत्रीय सरकारले आफ्नो क्ष्ाेत्रभित्र पूर्णरूपमा अधिकार सम्पन्न भएर कार्य गर्न पाउने वैधानिक व्यवस्था लागू हुनुपर्छ । के कति संख्यामा क्ष्ाेत्रीय सरकार रहने भन्ने विषयमा विशेषज्ञसमेतको सिफारिसका आधारमा राष्ट्रिय सहमति कायम गरी संख्या तोकिनु उपयुक्त हुनेछ । क्ष्ाेत्रीय सरकारको मातहतमा जिल्ला परिषद् रहनेछन् । सम्बन्धित क्ष्ाेत्रीय सरकारको मातहतमा के कति संख्यामा जिल्ला परिषद् रहने भन्ने विषय पनि क्ष्ाेत्रीय सरकारको भौगोलिक सीमा निर्धारणका आधारमा विशेषज्ञहरूको प्रतिवेदनसमेतलाई दृष्टिगत गरेर निर्णय गरिनुपर्छ । जिल्लापरिषद्को मातहतमा नगर र गाउँस्तरका परिषद्हरू रहनेछन् ।

-९) भाषा- नेपाली भाषा नेपाल राज्यभर सरकारी कामकाजको भाषा हुनेछ तर क्ष्ाेत्रीय सरकार मातहतका जिल्ला परिषद्ले आफ्नो क्षेत्रभित्र स्थानीय भाषालाई सरकारी कामकाजको भाषाका रूपमा प्रयोग गर्न पाउने व्यवस्था हुनुपर्छ । जिल्ला परिषद्ले यस सम्बन्धमा गरेको निर्णयलाई क्ष्ाेत्रीय सरकारले अनुमोदन गर्नुपर्छ । विवाद परेमा केन्द्रीय सरकारले निर्णय गर्नुपर्छ ।

-१०) आरक्ष्ाण- यस प्रकारबाट राज्यको पुनःसंरचना गरिएपछि पनि राज्यको नीति निर्माण र कार्यान्वयन तहमा समावेशी हुन नसकेका आदिवासी जनजाति, मधेसी, महिला, दलित र अल्पसंख्यकहरूलाई शिक्ष्ाा, स्वास्थ्य, रोजगारी र प्रशासनिक क्ष्ाेत्रमा निश्चित अवधिका लागि आरक्ष्ाणको प्रत्याभूति गरिनुपर्छ । वैदेशिक छात्रवृत्तिमा पिछडिएका मधेसी समुदायलाई अनिवार्यरूपमा समावेश गरी आदिवासी

जनजाति समुदायभित्र पनि 'फरवार्ड एन्ड ब्याक वार्ड' को बीचमा छुट्टै नीति तय गरेर पछाडि परेका आदिवासी जनजातिले छात्रवृत्ति पाउन सक्ने प्रबन्ध गरिनुपर्छ ।

-११) शिक्ष्ाा, स्वास्थ्य र रोजगारी- देशका नागरिकहरूका निम्ति राज्यले अनिवार्यरूपमा शिक्ष्ाा, स्वास्थ्य र रोजगारीको सुनिश्चिता प्रदान गर्नुपर्छ ।

-राप्रपाले सोमबार अन्तरिम संविधान मस्यौदा समितिसमक्ष प्रस्तुत गरेको अवधारणापत्र)


Recommendations for

Interim Constitution Drafting Committee

Submitted by

Shobhakar Budhathoki

Karon Cochran-Budhathoki

Preamble shall include:

• Sprit of April 2006 movement that means moving towards state restructure and republican country through constituent assembly

• May 2006 House of Representative Proclamation

• Recognition of diversities of country such as culture, tradition, language, ethnicity, etc

• Principles of state mechanisms such as multiparty system, respect of human rights, people's sovereignty, inclusive democracy, secular, etc

• Recognition of martyrs and wounded persons of the movement

  • Recognition of those who sacrificed and took significant risk for the success of the movement
  • Recognition of the 1990 movement and the martyrs and wounded persons

National Language:

• Nepali as connecting language; English as second working language and other local languages as working and official languages in respective areas

National Anthem:

• It must cover the diversities of country and respect the people's dignity, and should be finalized by special panel of experts (historians, political scientists, members of civil society, and musical composers and performers) through competition

Citizenship:

• Born inside the territory of Nepal (Both parents should be eligible to affidavit citizenship to their kids)

• Independently who are born in Nepal

• Provisions for dual citizenship

• Permanent residency for married persons (foreign female with Nepali male and foreign male with Nepali female) and the provisions of dual citizenship must include for these persons. This provision should be also applicable to their children.

  • Honorary citizenship awarded by the state

Fundamental Rights:

Following rights shall include as additional fundamental human rights:

  • Abolishment of capital punishment
  • Right to primary health care
  • Disables rights
  • Land rights (right to tiller)
  • Rights of local people in natural resources
  • Free and compulsory education (school level)
  • Right to employment with social security
  • Complete press freedom with the abolishment of treason
  • Fair wages and labor rights
  • Equal social, economic, and political rights without discrimination (includes non-discrimination based on gender, religion, ethnicity, class, sexual orientation, etc.)

Property Rights or Access to Ownership, and Inheritance

  • Property rights or access to ownership provisions for married persons (foreign female with Nepali male and foreign male with Nepali female). They should be entitled to own, use and purchase/sell/exchange physical or any other forms of properties as Nepali citizens. This provision should be equally applicable to the kids born such marriage.
  • Equal access to inheritance, and the ability to “will” property

Directives Policies and Principles:

  • Must be made binding and obligatory for the state

Representation:

  • Proportional and equal representation of women and underrepresented/disenfranchised groups in branches government, committees/commissions, mechanisms created to address transitional justice, etc.

Monarchy:

  • Monarchy should be kept in ad-hoc status and the clear provision regarding the future of monarchy that will determined through constituent assembly
  • Monarchy should not be allowed to exercise any form of statutory powers enjoyed as Head of State and Supreme Commander of Army, and these authorities/powers should be transferred to the Prime Minister

Legislative:

  • Full legislative powers to the House of Representative (HoR)
  • National Assembly should be eliminated
  • Parliamentary hearing must be made compulsory for all government appointment, promotion, etc.
  • Outlining the alternative mechanism as replacement of the HoR with based on HoR proclamation and SPA and the Maoists understanding

Executive:

  • Prime Minister should be entitled to exercise the powers of Head of Government and Head of State, and Supreme Commander of Army

Judicial:

  • Court hearing process and the appointment in judicial bodies must be made transparent. The contempt of court should be limited to being applied only during in court proceeding (the currernt contempt laws suppress the right to freedom of _expression, freedom of speech, freedom of the press, etc…) and shouldn't be used as it has been in the past, to hide wrongdoings of the court and judicial authorities
  • Judicial council must be strengthened with full monitoring and implementation authority for judicial reform

Constituent Assembly Election Commission (CAEC):

  • Special provision for the formation of the CAEC with the inclusion of political scientists, legal professionals, election experts (including civil society that is experienced in “free and fair elections”), geologists and former bureaucrat by terminating the existing Election Commission
  • The CAEC should be authorized to develop working procedures for constituent assembly election commission and constituent assembly election process
  • The CAEC must have representatives from marginalized/disenfranchised groups such as dalit, janajatis, women, etc…..)

Adoption of international covenants, conventions and treaties:

  • Article 9 (2) of the 1990 Nepal Treaty Act should be included in interim constitution
  • The legislative should adopt such conventions, covenants and treaties after conducting hearing in parliament's human rights committee

Constitutional Council:

  • Speaker and Chief Justice headed by the Prime Minister

Judicial Council:

  • Law minister, senior justice of Supreme Court, senior lawyer and the representative of Nepal Bar Association under the chair of Chief Justice

Security Council:

  • Speaker, Defence minister, President of Parliament's Defence committee and Chief of Army Staff headed by Prime Minister

Nepali Army:

  • Practically kept under the Defence Ministry
  • Accountable to Defence Ministry and Parliament
  • Prime Minister as Supreme Commander of the Army
  • Military mobilization upon the recommendation by the security council and approved by the parliament after the hearing conducted in respective committees
  • Military's criminal activities must be brought to civilian court
  • Court martial and other secret hearing proceedings, must be ended


Annex- Authors Profile

Shobhakar Budhathoki, Human Rights Defender/Conflict Resolution Practitioner

Shobhakar Budhathoki, human rights defender and conflict resolution practitioner holds an MA in Peace and Justice Studies from the University of San Diego, USA, and has been actively involved in the protection and promotion of human rights since 1993. Mr. Budhathoki has worked as one of the coordinators of the Defend Human Rights Movement - Nepal, a coalition of human rights defenders and organizations formed after the King's coup in February 2005 formed to increase national and international support for the establishment of democracy, the protection of human rights, and the end of the autocratic regime. Budhathoki has recently been involved in campaign activities to increase awareness and support for initiatives to ensure justice for victims of the conflict and during the people's movement II (Janoandalan II). He is also engaged in the ongoing dialogue between civil society and parliament on the culture of imputing, security sector reforms, and the peace process. Mr. Budhathoki has worked as District Electoral Officer in the UN Assistance Mission in East Timor (1999) during the referendum period, as International Registration Supervisor in the UN Mission in Kosovo (2000), and as a Human Rights Officer in the UN Mission in Ethiopia and Eritrea (2002- 2003). Mr. Budhathoki has authored numerous articles for international and national publications on issues relevant to peacebuilding, human rights, and the conflict in Nepal.

Karon Cochran - Budhathoki, Human Rights Defender/Conflict Resolution Practitioner

Karon Cochran - Budhathoki is a member of a Kathmandu - based coalition of human rights defenders, Defend Human Rights Movement - Nepal (DHRMN), formed on February 3, 2005 to collectively work with democratic forces in Nepal and the international community and to advocate for the protection of human rights, establishment of democracy, and initiation of a dialogue between the political party alliance and the CPN-Maoists. Until May 2006, she also worked as a human rights monitor/defender during pro-democracy demonstrations (Jana Andolan II). Ms. Budhathoki began her research of the conflict in Nepal in 2000 while working as a Program Officer at the Joan B. Kroc Institute for Peace and Justice (IPJ). While at the IPJ, she was responsible for assessments and/or analyses of the conflicts and peace processes in Nepal, Macedonia, Chechnya, Guatemala, the Democratic Republic of Congo, Sudan, and Uganda. In Nepal, she worked with women and other marginalized groups, political party leaders, and civil society on issues such as coalition-building, political participation, and negotiations. Prior to her work with the IPJ, Ms. Budhathoki was a Research Associate in the Conflict Resolution Program at The Carter Center (TCC). She served as part of the TCC team that worked to restore bilateral relations between Sudan and Uganda and address each country's civil conflicts along their shared border. Ms. Budhathoki holds an MA in Peace & Justice Studies and an undergraduate degree in International Conflict Resolution.

In The News

Nepal Maoists disclose fighter strength: 36,000 Nepali security officials have estimated rebel strength at around 15,000 combatants versus a government army of 100,000 besides thousands of police. .... the Maoists had about 30,000 weapons, mainly seized from the security forces..... Landlocked Nepal has no air force or navy but the army operates several helicopters and small aircraft.
Nepali journalists in US to develop a common forum a new ad-hoc committee headed by Chief Editor of Nepali Post and Chairman of Nepal America Journalist Association, Girish Pokhrel .....
NC-D leaders for NC initiative on party unification "We want due respect and position after the unification," reports quoted Bal Bahadur KC as saying. KC said an ideological base is needed for unification. He stated his party split due to NC leadership running the party on a personal level and claimed it was due to the NC split that the country faced political upheaval. ....... election to the constituent assembly would be impossible before unification...... Dhundiraj Shastri said, "Party unification is desirable but dissolution of NC-D into NC is unacceptable." ...... He called for an alliance of democratic forces hinting on the possible alliance of leftists...... Khadka said, "We want Girija Prasad Koirala to call publicly for party unification." ...... NC-D remains undecided on the issue of ceremonial monarchy during the constituent assembly polls. NC president Koirala has already said NC favours ceremonial monarchy while UML and other leftists have announced their agenda for a democratic republic
Army court to be under SC: Thapa Kantipur Publications "No entity, including the military court, would be above the Supreme Court [once the interim constitution is promulgated]," said Shambhu Thapa, a member of the Interim Constitution Drafting Committee.
South Block "concerned" yet Nepal interlocutors hopeful
Govt programmes, policies against people's aspirations, says Dy PM Sherchan "The policies and programmes should have focussed on the interim constitution, interim government and peace process whereas it has paid least importance to these issues." ....... a day after his party vice-chairman Lila Mani Pokhrel expressed his serious dissatisfaction over the government programmes and policies ......
Don't forget understanding, says Sitaula to NC lawmakers parliament was "completely accountable" to the 12-point deal reached between the seven-party alliance (SPA) government and the Maoists. ..... MP Govindaraj Joshi expressed serious objection over the rebels' buying arms and ammunitions from neighbouring China and running a “temporary camp” at Kamidanda of Kavre district........
Maoists fine house owner Some 3000 Maoist cadres who came in a vehicle picketed Goel's house and chanted slogans against him this morning..... The Maoist trade union cadres later imposed a "fine" of Rs 8,900 and made Goel apologize in public.
Ailing PM Koirala begins moving around Koirala has started moving around slowly. Prachanda stresses tourism promotion
MPs continue discussion on govt programmes, policies
नीति तथा कार्यक्रम बहुमतले पारित
प्रधानमन्त्रीको विकल्प खोज्नु हुँदैन’
भूमिहीन आन्दोलित
प्रतिनिधिसभा कसैले विघटन गर्न सक्दैन ः ओली
 घाइते माओवादी धमाधम अस्पतालमा
पाँच वर्षपछि प्रहरी चौकीमा
सम्पर्क भाषा र राष्ट्रभाषा समावेशी लोकतन्त्र देशको मुख्य नारा बनेको छ । यसको स्थापना गर्ने सशक्त माध्यम भाषा हो । यसबारे भने देशको ध्यान गएको छैन । ...... भारतीय भाषा भन्नाले हिन्दी, आसामी, गुजराती, मराठी, बंगाली, कन्नड, मलयालम आदि समेटिए जस्तै नेपाली भाषा भन्नाले नेवारी, मैथिली भोजपुुरी, थारू, गुरुङ, मगर, राई, लिम्बू, थकाली जो जनगणनाले जीवित भाषा भनी प्रमाणित गरी स्थापित गरेको छ, सबैलाई समेट्नुपर्छ । सबै जनता नेपाल्ाी भएपछि तिनले आफ्नो भूगोलमा बोल्ने भाषा गैरनेपाली हो भन्नु अन्याय हो ।
अन्तरिम संविधानमा अन्तरिम संसद्
Nepal Maoists say they have 36,000 soldiers Times of India, India
Nepal Maoists disclose they have 36,000 soldiers Zee News
Nepal Maoists disclose fighter strength: 36,000 Washington Post
Citizen Journalism Can Succeed in Nepal OhmyNews International, South Korea I am Umesh Shrestha, 29 ..... Since getting my bachelor's degree in journalism from Tribhuwan University in 2000 ..... When I saw my writings published in OMNI on the top page of Google news one day, I was very proud of that. Contrary to my expectations, I received US$200 as payment for my published stories that was transferred into my bank account. ...... Nepalese citizen reporters for OMNI are more numerous than from other countries.....
OhmyNews Changed My Perspective OhmyNews International
Nepal: "light at end of tunnel" —for tribal peoples too? World War 4 Report, NY
Nepal Rebels Reveal Strength for First Time DefenseNews.com (subscription)
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Monday, July 10, 2006

C.K. Lal: NRIs In Nepal


NRIs In Nepal
C.K. Lal

The clamber into the hills from the plains below is as old as history. The Mahabharata mentions the Kirat Kings of the Himalayas, and Emperor Ashoka trekked to the birthplace of the Buddha and erected a pillar on the spot. Adi Shankara is believed to have set the tradition that only Keralites Brahmans of a certain sect could be eligible for priesthood in the holy shrine of Pashupatinath. Raja Harisingh, the Tirhut king of Karnataka origin, fled to Kathmandu valley upon pursuit by the invading Muslim army and founded a culture that continues to give the valley its distinctive identity. But all these visitors didn't come in hordes, and were easily assimilated into the local population. The early 20th century clearing of the Tarai forests by the nobles of Kathmandu valley, and an almost simultaneous famine in the neighboring states of Bengal, Bihar and Awadh, forced many Indians to choose a life of considerable difficulty in the plains of Nepal. Over time, they came to be known as Madhesis - people of the Madhes. Never a term of endearment, Madhesi has degenerated into a label of scorn, and can mean anything from being devious, dirty, cruel, uncouth or - a plain Indian.

Not Man, a Madhesi

Old-timers insist that there is no exaggeration to the following anecdote, and that it is based on real life. In the days when there were no toilets, the ladies of noble families also visited the banks of Bagamati to attend to the calls of nature. Some of them had servants. These servants were instructed to shout 'Man' to save the ladies the embarrassment of exposed derriËres. On one misty winter morning, a servant could not recognize a Madhesi and did the shouting as per the instructions. The lady sat up, threw a glance towards the intruder, and resumed her business nonchalantly. The ignorant servant was duly reprimanded, "Didn't you see? He was a Madhesi, not a man." Ladies go to toilet nowadays, but this attitude has not changed much.

Handy Goblin

In the Hindi blockbuster of all times, Ramesh Sippy's 'Sholay,' a mother would instill the fear of Gabbar in her child if it wept at night. The goblin evoked in the Valley of Gods is handier - mothers here simply have to mention a Madhesi, pronounced Madishe. The symbol so taken is often a poor little Bihari with a jute sack on his shoulders, calling from house to house collecting empty beer bottles and old newspapers. Braving the stray dogs, abusive natives, resentful street children and a less than tolerant police force, these hapless scavengers provide a service without which Kathmandu would become one huge refuse dump. Nobody is grateful. The government has already levied a tax on their cargo, and there is clamor for more levies on them.

Onion, Potato and Tomato

Until Biharis came with their cycles, street vendors were almost unknown in the Valley. These days, one can buy anything from carpets to cosmetics, fruits and vegetables, utensils, toys and tin-food from these very enterprising salesmen from across the border. Their Nepali is a joy to hear and lends itself so well to caricature that Nepal Television cannot produce a single soap without them. They do not take offense if haggled with rudely. Even their merchandise compares well in price and quality with the those in the burgeoning departmental stores in Kathmandu. And what do they get in return? Eight to ten people lodging in dingy basements, abuses from anyone with an urge to vent his or her anger, and a small profit at the end of the day to money-order back home to Laloodom.

Moneyed Marwaris

There was a time when Marwaris were respected as sahujees. No more. These days, they are depicted more as practitioners of unfair trade practices. They are assumed to be harmful for the nation's economy, in spite of being one of the largest private sector employers and the largest tax-paying community. If a local smuggler is caught sneaking in goodies, he is dismissed as a misguided person. To turn him into an object of sympathy, associate his name with any manipulative Marwari - real or fictional. The clamor of blood would be astounding. This, despite the fact that no big-time Marwari runs his show entirely on his own - the norm, rather than the exception, is to have a local noble as a sleeping partner, often with a controlling interest. Many Marwaris insist that people of their community who arrived from Burma in the 1970's cheated the government and gave them a bad name. Be that as it may, the fact is that they have become minor players in foodstuff and textiles, lucrative trades that they had dominated for years.

Competitive Craftsmen

Plumbers from Udisa, electricians from UP, carpenters from Bihar, bricklayers from Bengal - one can't build a house without them these days in Kathmandu. Contractors love them - they work longer hours for lower payment. Owners like them too - they hardly need any holidays. But the traditional craftsmen from Kirtipur and Madhyapur are not happy about these aliens who have undercut them out of the market. Hence a call for their ouster can arouse frenzy. At middle class dinner tables, much concern is shown about Indian domination of the Nepalese labor market, but come daylight, these bleeding hearts go to Kopundole, Baneshwar or Kalimati and hire an Indian hand at nearly half the going rate of a comparable Nepali laborer. Free-market and jingoism survive cheek-by-jowl without any contradiction.

Labor and Religion

Even Nepali employers do not like local laborers. Apart from being too easygoing, they are often considered to be potential troublemakers. They prefer Madhesis instead, whose lower salaries, longer working hours and lack of rights to organize make them attractive. This has resulted in a situation where almost all garment workers are Indian. Indian dyers man the Nepali carpet industry and till yesterday, nearly all machine-men were Bengali. A large number of these immigrants are Muslims who take up the whole thoroughfare in front of the Royal Palace for Jumma Nawaz. It does not help the flow of traffic that Fridays are half working days. The Kashi, Kashmir, Ajab, Nepal attraction for the Indian tourists is gone. Earlier they were amazed to see a more beautiful valley than Kashmir peopled by more devout Hindus than in Benares. These days, Muradabadi Muslims dominate the brass-ware market and Kashmiri Muslims enjoy a near monopoly in high-end handicrafts sales. Once again, a case of Hindu Shangri-la gone sour in the only Hindu Kingdom of the world.

Identity Crisis

Having nothing to differentiate them from their temporary immigrant brothers, Madhesis who have made Nepal their home find themselves at the receiving end of much misplaced scorn. Consider the Nepali proverb that a dead Madhesi more cunning than a living Nepali; picture a Pahariya Bahun with his Yadav compatriot from the plains, and one might have to turn the old adage on its head. Any Madhesi is suspect in the valley. They have to keep proving their allegiance to the country, very much like Hindus in Sri Lanka and Muslims in India. This is ironic in a way, because Madhesis have less dependence on India than many Pahariyas who have, for generations, been saluting the tricolor for their livelihood. Madhesis pretend to support Pakistani players in Indo-Pakistan cricket matches to impress their friends, but go home and weep in silence over India's defeat. This would be hilarious if it weren't so pathetic. If not for themselves, the Indian team should get into the habit of winning every now and then to keep the morale of the Diaspora high.

Nepal has India's largest diplomatic establishment in the world, barring England, with whom they have an altogether different kind of relationship. What this diplomatic corps does to keep employed is a mystery. The Hindi term for a country bumpkin is "Vadheshi." One thing is for sure, these diplomats do not stoop low enough to associate with local Madhesis - no matter whether resident or immigrant.

(CK Lal is a prolific columnist)

http://www.asianstudies.emory.edu/sinhas/kprb0311b.html


Choosing Life: A Challenge
Dr Brian Cobb

A number of right-wing leaders of civil society have recently declared that a large, very expensive military is necessary for Nepal's survival in the 21st century. They believe that some of the costs can be offset by participation in UN peacekeeping operations, but this would be a small part. Some propose a role as a mercenary provider. They argue that having a hundred thousand soldiers hanging around the barracks is far more important than having an equal number of teachers, health care personnel or infrastructure construction workers. Under their plan perhaps the army could make marginal contributions in these areas, but their major role would be military. The nation's number one priority at present, as demonstrated by that most discerning test, the amount it is willing to spend, is its killing machine.

I disagree. Only a fool would believe that any conceivable Nepalese army could repel an unlikely attack by India or China. These critics gloss over the NA's horrific human rights record and the obvious lack of commitment among its top ranks to democracy. They seem to imagine that Nepal is somehow invulnerable to military coup d'etat. The militarists think that a big army is a mark of prestige; I think it is a mark of disgrace.

With people starving to death in the west and horrifying maternal and infant mortality rates, spending so much on a fighting force is cruel, immoral and shameful. Surely the police forces can be cleansed of their numerous thugs, murderers, rapists, robbers and extortionists, better trained and made more accountable to handle domestic security. The remaining military personnel can be disarmed and assigned to healing, teaching and rebuilding the nation. Nepal's leaders would do well to heed the words attributed to God in the Bible, "I have placed before you life and death, blessing and cursing. Therefore choose life, that you and your children might live."

I'd like to pose a challenge to the government. Give me the support I need and depute 100 NA and Maoist cadres I select to attend an 18-month Emergency Medical Technician-Paramedic training program. This training will be new to Nepal and is intensively focused on care of serious or life-threatening injuries, illnesses or other medical events such as childbirth and its complications. As a career emergency medicine specialist and teacher, and given the number of bright, motivated young people in Nepal, we can turn out world-class personnel who can be posted to district hospitals to save lives in emergencies at no additional cost to the nation.

Let me take the challenge one step further. Nepal's high unemployment, high population growth and low economic growth require that young people work abroad. But instead of working as mercenaries, as envisioned by the pro-military factions, or as laborers or prostitutes, why not train nurses, whose skills are in demand worldwide and whose wages are excellent? Can't Nepal export professionals? Wouldn't their much greater remittances contribute to economic growth at home? Give me some bright young soldiers of both genders and some support and we'll train them for 3 years; during their clinical assignments they will augment staffing in the zonal hospital, and after graduation they can serve a 3 year "payback" term after which they are free to go abroad.

These programs should be conducted in the areas of greatest need and with students drawn primarily from disadvantaged castes. If the country is to achieve political stability it has to get beyond the Kathmandu-centric, high-caste dominated model that has prevailed for the past 237 years. Had projects like this been undertaken after the Jana Andolan I, there likely would never have been a Maoist insurgency. People didn't join the Maoists for the snazzy uniforms or the pithy sayings of Mao, but for a better life, and any government which does not make rapid progress toward delivering it is destined to fail.

Forget its powerful rivers, its majestic peaks or its remarkable biodiversity. Nepal's greatest resource is its sincere, intelligent, hard-working and adaptable people. As my hero Dr Martin Luther King, Jr, said, "The hope of a secure and livable world lies with disciplined nonconformists who are dedicated to justice, peace and brotherhood." Give us some support and we'll show you what we can do.

Admittedly this proposal is small in scale, but better to light one small candle than to curse the darkness. It can serve as a prototype for other programs for the vocational retraining, psychological rehabilitation and social reintegration of a generation traumatized by war, desensitized to suffering and denied more constructive careers.

Surely Nepal's youth are better utilized by bringing out the best in their nature—compassion, kindness, scientific knowledge and life-saving skill—than the worst—violence, hatred and lust for blood. And as for courage, who needs more of it, the adrenalin-pumped, psychologically manipulated, armed soldier or the paramedic who braves flames and landslides to save strangers' lives? As Dante Aligheiri taught us, "Think of your breed. For brutish ignorance you were not made; you were made human to follow after excellence and knowledge." 1

In The News

Army running the government: Magar NepalNews
HoR endorses govt’s programmes and policies; PFN decides not to vote
NC meeting postponed till Wednesday; lawmakers express dissatisfaction over 8-point pact Lawmakers have been expressing serious reservation over the provision of dissolving the House of Representatives before Maoists join an interim government after adopting an interim statute and charged that the agreement was done in haste without proper discussion in the party. ...... Lawmakers also expressed serious objection on the report of rebels buying arms and running a temporary camp at Kamidanda of Kavre and demanded the government’s answer in this regard.
Perilous Koirala-Kerensky Parallels - By Sanjay Upadhya Alexander Kerensky, Russia’s short-lived democratic president in 1917...... Kerensky, at 36, was in the prime of his life when he embodied Russia’s democratic quest. His opposition to the absolute rule of the Romanovs blossomed during his university days in St. Petersburg. Kerensky, moreover, was an intellectual interested in all aspects of Russian history, culture and literature in addition to politics. ....... The First World War, in which Russia had been involved in for three years, diverted massive amounts of manpower and caused serious food and fiber shortages. The Czarist regime was exposed to increasingly strident charges of gross mismanagement. Yet the collapse of the monarchy was as unexpected as that of the Soviet Union would be 74 years later....... Kerensky was a moderate socialist whose passionate, lifelong goal was to see a Western-style constitutional democracy in Russia. In his ardor to fight off his adversaries on the right, Kerensky simply refused to believe that the Bolsheviks could represent the greater threat........ Koirala, who started out as an implacable anticommunist .... Dedicated to his country and to democratic principles, Kerensky was a courageous, energetic man with great oratorical skills....... His lack of vision to tackle the root causes of popular discontent came in handy for the Bolsheviks........ Lenin and Trotsky plotted their course in the chaos conceived in Kerensky’s misplaced confidence. The reality that the world’s first experiment with a “worker state” occurred in a country that was 98 percent agrarian ...... Koirala finds himself straddling between those who see the triumph of total democracy in the sidelining – and perhaps an eventual abolition -- of the monarchy and those demanding more radical social and economic restructuring. ........ Prachanda has taken the most insidious page from Lenin’s playbook. Through his fiery and often contradictory rhetoric, buttressed by an almost insatiable appetite for concessions from the state, Prachanda hopes to exert complete authority. By portraying the government’s failure to meet his impossible demands as a sign of utter ineptitude, the Maoist supremo seeks to evade responsibility. Clearly, the Maoists are banking on the same anarchy the Bolsheviks capitalized on....... In exile, Kerensky believed the Bolshevik regime would crumble imminently and contemplated his triumphant return to power.

Three Election Commissioners resign NepalNews
SC seeks power to check the decisions of army court in new constitution bring army officials under civil court trial ..... The 1990 Constitution excludes the army from civil court trials and excludes judicial review even by the apex court on military court verdicts....... SC judges should be appointed from among independent legal experts, law professionals and legal researchers and not from among judicial bureaucrats........ form an independent recommendation committee to appoint judges and check the actions of any judge found involved in corruption or irregularities, saying the Judicial Council currently chaired by the Chief Justice has failed to check irregularities in the judiciary
Army running the government: Yadav the Nepal Army was running the government rather than the government controlling the army........ the government should not be afraid to go ahead as per the sentiments of the people ...... expressed dissatisfaction over the government’s failure to take action against Nepal Army officials........ the Nepal Army acted like the Royal Nepalese Army in the name of marking the king’s birthday..... urged the government not to announce budget for the new fiscal year until formation of an interim government.

INTERVIEW-Nepal rebels say will not surrender arms Reuters AlertNet, UK "Let everybody be clear -- we'll never surrender our arms," Baburam Bhattarai ...... "We want the restructuring of the state and the army. In that restructured army our army will also be integrated." ...... "Basically there seems to be lack of political willpower on the part of some in the government," he said, sitting on the balcony of a Kathmandu building....... the rebels would not return to war...... Bhattarai said the guerrillas had no regrets about the war, which has ravaged infrastructure and displaced more than 200,000 of the country's 26 million population...... "We are proud of it. We have changed the whole scenario -- political, economic, social and cultural scenario in the country" .....
'We should not be a haughty big brother to Nepal' Rediff NCP leader Devi Prasad Tripathi ... At JNU, he had Baburam Bhattarai... as his college mate and friend...... Tripathi, along with Communist Party of India-Marxist MP Sitaram Yechuri, was assigned to Nepal by Prime Minister Manmohan Singh to help negotiate the 12-point agreement between the Nepalese political parties and the Maoists, an agreement that hastened King Gyanendra's downfall..... was once an adviser to then prime minister Rajiv Gandhi ...... I was the first politician from India to meet with Prachanda...... Baburam Bhattarai, was my college mate at JNU, and we were good friends. Even before that, I was attracted by the legendary Nepali leader V P Koirala and had a good relationship with him during my days at Allahabad University. ...... There used to be frequent discussions and classes on various political and international issues on the campus. We used to attend almost all those discussions. Bhattarai was highly studious and politically motivated at the same time...... He used to be actively involved in human rights and civil liberty issues. I can say he was always active on the people front. ..... December 26, 2005 -- it is for the first time that I reveal this date to any media -- at a locality which I would like to keep secret, but in India...... Baburam Bhattarai also was with me and it was a long discussion as we were meeting for the first time..... I was terribly impressed by his personality. It was such an open and warm discussion. His views were quite convincing, his willingness for peace and his initiative towards the democratic process a revelation........ It was the first time that I realised the Maoists were ready for the democratic process to start and willing to put down their arms...... There was no dogmatism in his approach. He appeared quite practical...... further meetings between us in India..... It was during the second meeting in India that Sitaram Yechuri came to meet him for the first time........ This time the meeting was at my house. Besides Sitaram, Bhattarai also was there with him. The discussion, like the previous one, was long and elaborate. Though he had met Bhattarai earlier, Yechuri was meeting Prachanda for the first time....... They genuinely would like to see Nepal as a democratic republic as early as possible...... Nepal is also an India-locked country! ....... the Maoism in Nepal has no direct connection with the Maoism in India. ...... At the same time the new developments will compel the Maoists here to leave their arms as they will be ideologically isolated now..... The Maoists are a substantial force in Nepal. At this stage we can't say who will get the majority. If a fair, democratic election gives the Maoists a mandate and puts them in power, that is it. We have got to respect it.
Nepal Govt asks Maoists to clarify stance on arms issue Zee News The arms management will begin only after formation of an interim government, Maoists' central base area in-charge Biplav said in Pyuthan in West Nepal. The Maoists will raise arms again if they are deceived, he warned, adding "conspiracy is afoot to prevent Maoists from joining the interim government. In such a case we will again take up arms."
Yechury On Nepal’s Journey To Democracy People's Democracy ... the country’s journey towards democracy will be fructified in the coming three-odd months..... all the parties were moving jointly towards a successful resolution of the contentious issues..... He reminded that all the major players are in agreement on the four-point formula he had proposed. Immediate restoration of the dissolved parliament and formation of an interim government have been implemented. The remaining two points are under implementation, i.e. negotiation with the Maoists and formation of a Constituent Assembly....... Various alternatives cropped up on this issue such as .. UN arms management, merging the two armies, bringing two armies under a single command, transformation of the Maoist army into a paramilitary force etc.... Prachanda has conceded the fact that there are some disturbances at local level, and these would be sorted out speedily..... the Maoist participation in the interim government is sure and both the present government and the Maoists are moving in that direction. .......... He also discussed various alternative forms of Constituent Assembly which must be representative of various geographical, social and religious divisions reflecting imbalances in the society, thereby giving a chance to the respective forces to have their say in deciding their future.
Fresh controversy over Nepal king, army links Hindustan Times, India Though the government had instructed its embassies and high commissions abroad as well as officials in Nepal that there should be no official celebration of the King's 60th birthday on Friday, the army stoked fresh controversy when chief Gen Pyar Jung Thapa went to the palace to offer greetings and 21 cannons were fired to mark the occasion. ..... none of the ministers or chiefs of the other security wings went to the palace on Friday. Gen Thapa, who went to the palace in full army uniform, was the lone exception....... Thapa should make a public apology for flouting the government directive...... "It proves the army has still not changed." ....... Girija Prasad Koirala has come under volleys of criticism for not suspending the army chief...... The deployment of nearly 3,000 army personnel in the palace, who take orders from the royal military secretariat, has also not been scrapped despite parliament ordering so in May.....
Woman gangraped, paraded naked in Nepal Hindustan Times, India
Nepal woman paraded naked, gang raped for son's romance DailyIndia.com

 Govt to bring Rs 144b budget Wednesday Kantipur Publications
Dozen still in Maoist captivity
Prachanda stresses tourism promotion "The country has immense tourism potential. It could be a pertinent tool to uplift the living standard of Nepalis" ..... Hotel Associations of Nepal (HAN), the top Maoist leader was speaking at an interaction with the representatives of HAN. ..... Dr Baburam Bhattarai, a politburo member of CPN (Maoist) said they would give a high priority to tourism industry in order to accelerate the pace of economic growth. Underscoring the importance of private sector in tourism industry, he said the Maoist would not nationalize private industry. 'We never targeted tourists even during strikes and war. Now also, we are equally committed to protecting the industry," he said.
PM Koirala's health condition satisfactory
Doctors, staff shut down Patan Hospital
Army chief should apologize: Gautam suggested the government to reform the NA and immediately bid farewell to those NA officers who represent the elite class and the king's sycophants. ...... Gautam said that neither the parliament nor any other body could challenge the 8-point pact reached between the Seven-Party Alliance and Maoists....... "If the parliament tries to challenge the pact, which is a road map for a new Nepal, there will be no existence of the parliament," he said.
एक पद छाड्न सिटौलामाथि दबाब
हतियार व्यवस्थापनपछि विघटन'
संविधानसभामा समान सहभागिता माग
राप्रपाद्वारा अन्तरिम संविधान मस्यौदा
क्याम्पमा माओवादी सेना
सर्वसाधारण माओवादी कब्जामा
विश्व एक
ट्रुथ आयोग र दिगो शान्ति पहिलो शिखर वार्तापछिको पत्रकार सम्मेलनमा माओवादी अध्यक्ष प्रचण्डले शान्तिका अग्रदूत गौतम बुद्धको नाम लिँदै शान्ति कायम गर्न आफ्ना तर्फबाट जुनसुकै प्रयास बाँकी नराख्ने प्रतिबद्धता व्यक्त गरेका छन् । ........ बदलाको भावनाले भोलि अर्काे द्वन्द्व हुन सक्ने सम्भावना नर्कान सकिँदैन । जसबाट दिगो शान्तिमा बाधा खडा हुनेछ । त्यसकारण विगतका ज्यादती जनसमक्ष ल्याउने र पश्चाताप गरी अब कहिल्यै त्यस्तो नगर्ने सुनिश्चित गर्न ट्रुथ आयोग आवश्यक छ । वाचा तथा प्रतिबद्धतासाथ आम माफी राज्यद्वारा नदिए समाजमा बदलाको भावना सधैं रहिरहनेछ ।....... अर्जेन्टिना, चिली, र दक्षिण अपि|mकामा ट्रुथ कमिसनले सबै अपराधीलाई आम माफी दिई न्यायपूर्ण समाज पुनःस्थापना गर्‍यो । ........ सन् १९९७ मा ग्वान्टामालानमा तीन जनाको ऐतिहासिक यथार्थ विवरण आयोग संयुक्त राष्ट्र सघंको सहयोगमा गठन भएको थियो । आयोगले नौवटा भोलुममा रिर्पोट दियो । त्यसमा ३७ वर्षको गृहयुद्धमा करिब २ लाख मानिसको हत्या र बेपत्ता तत्कालीन सैनिकले गरेको विवरण थियो । आफ्नो रिर्पोटमा ७ सय २७ आमहत्या सैनिकले गरेको र ३२ विपक्षीले गरेको उल्लेख छ । आयोगले सूक्ष्म अध्ययन गरी आमहत्या प्रमाणित गरे पनि सबैलाई आम माफी दियो र कसैलाई पनि मुद्दा नचलाउने निर्णय गर्‍यो ।......... नेल्सन मन्डेला राष्ट्रपति भइसकेपछि सन् १९९५ मा आयोग गठन भयो जसको काम रङ्गभेद शासन कालमा भएको काला अपराधका तथ्य पत्ता लगाउने र त्यसको रिर्पोट दक्षिण अपि|mकी जनता र विश्वलाई दिने, अपराधीहरूलाई पश्चाताप गर्न लगाई आवश्यकता अनुसार माफी दिने थियो । यसले रिर्पोट सन् १९९८ मा पेस गरेको थियो । ........ युगान्डा, बोलिभिया, अर्जेन्टिना जिम्बाबे, उरुग्वे, फिलिपिन्स, चिली ....... भनिन्छ दक्षिण अपि|mकाको शन्तिपूर्ण संक्रमण तथा सीमित न्याय प्राप्ति अपराधीहरूलाई आम माफीबाट भएको हो । ....... अहिले माओवादीसँग हतियार छ त्यसैले जनता बोल्न सकेका छैनन् । भोलि हतियारविहीन माओवादी हुँदा बदलाको भावना आउनसक्छ । त्यस अवस्थामा अर्को द्वन्द्व तथा गृहयुद्ध हुन सक्छ । ...... अपवादका रूपमा उद्योग वाणिज्य तथा आपूर्ति मन्त्री हृदयेश त्रिपाठीले केही दिनअघि संविधानसभा चुनावअघि पुनः जनगणनाको विषय उठाएका छन् । ........ माओवादीमात्र होइन, समानुपातिक प्रतिनिधित्वको माग गर्ने, जनजाति महासंघ र दलितका संघ-संस्थाले पनि पुनः जनगणना गरेर वास्तविक तथ्यांक संकलन माग गर्नुको सट्टा आधारहीन तरिकाले आ-आफ्नै तथ्यांक प्रस्तुत गरेर जनसंख्याको सामाजिक, धार्मिक र भाषिक बनावटमाथि धावा बोलिरहेका छन् । ....... त्यतिबेला संकलन गरिएको धार्मिक सूचनामा जसरी पनि हिन्दु संख्या अत्यधिक देखाउने नियत राज्यको थियो । त्यसैगरी मातृभाषिक सूचना लुकाएर नेपालीभाषीको संख्या उच्च देखाउने परम्परालाई निरन्तरता दिनु राज्यको अघोषित नीतिजस्तै थियो । ......... अधिराज्यको संरचनामा धक्का लाग्ला भनेर सरकारले तथ्यांक विभागलाई हिन्दु र नेपालीभाषी बाहेकका तथ्यांक प्रकाशमा ल्याउन सधैं रोक्यो । ....... २०४८ .. त्यतिबेला ५९ जनजातिले आफ्नो उपस्थिति देखाए । १० वर्षपछि २०५८ मा गरिएको जनगणनामा ४१ वटा जनजाति थपिएर १ सय पुगे ।... पछिल्लो जनगणनामा सबैभन्दा बढी ९२ भाषिका सूचना संकलन गरिएको छ । ...... जनजाति समूहमा चेतना विकास र प्रश्नावली वैज्ञानिक बनाउँदै लगेपछि मातृभाषी बढिरहेका छन् भने नेपालीभाषी घटिरहेको तथ्यांक छ ।..... अघिल्लो जनगणनामा हिन्दु लेखाएका पूर्वका राई लिम्बूले २०४८ को जनगणनामा आफूलाई किराँतधर्मी भनेर लेखाए ।...... २०४८ मा कुल जनसंख्याको ८६ दशमलव पाँच प्रतिशतले हिन्दु धर्म मान्छौं भनेका थिए तर एकदशकपछि ०५८ मा अघिल्लो जनगणनामा करिब सात प्रतिशत घटी हिन्दु ८० दशमलव छ प्रतिशतमा झरे ।....
संविधानसभाअघि जनगणना
अन्तरिम संविधानलाई राप्रपाको राय

Parliamentary committee finally gets copy of govt’s letter to UN NepalNews
NC lawmakers criticise party leadership; demand resignation of Home Minister
SWC standoff continues; Employees demand cabinet decision be revoked The strike has affected the work of the 150 international non-governmental organizations and over 20,000 non-governmental organizations that injects over 10 billion rupees for the development of the country.
Nepali women, supporters draft plan for inclusion in peace process drafting of the interim constitution has begun without women’s participation, and none of the newly established committees include women ...... in the areas of process of constitutional and legal reform, transitional justice and reconciliation, post-conflict reconstruction and rehabilitation, gender-based violence, and monitoring and documentation.
Leadership in transition The topic of 'death' is a taboo in Nepali culture ..... the notorious sniff-dogs of the apparently deceased regime are more active in their nocturnal rounds than ever before......... a permanent dismantling of the reactionary set ups and annihilation of all viable routes of their return to the active political arena. ...... Mr. Koirala is in his mid-eighties. He has proven himself by acting with the grain of popular movements ...... It is time that Nepalis people think of a leap forward from the narrow party-politics and consider someone who has a clear vision of future Nepal and has a proven ability to leadership and thorough knowledge of the intricate procedures in forging partnership with sometime irreconcilable forces....... The matter here is of a leader's retiring from active politics. Let's see what figures we have among us with an equal or even better promises for us and our Nepal.
Thapa ready to take moral responsibility of deaths of pro-democracy activists Thapa however defended the actions saying that such incidents took place in the course of maintaining peace and security in the country........ “Though I did not personally order anyone to kill protesters and suppress the movement ....... he had given directives to police officers to use minimal force and to uphold human rights. ...... Rana accepted that he had distributed tax payers’ money to the journalists and media.......
New constitution will be inclusive: Speaker Nemwang Gurung said that the HoR should be dissolved at the earliest and replaced with a new government that includes representatives of all political parties as well as the Maoists and civil society.

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