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Contemporary conflict dynamics in Nepal
Dhruba H. Adhikary
"Eight independent experts of the
United Nations Commission on Human Rights reiterate today their
serious concern regarding the extremely grave human rights situation
in Nepal." This statement, issued on 14 July 2004, reflects
Nepal's contemporary status from human rights standpoint. Conditions
have worsened in the month since the statement was made. Media
reports on deaths, agonies and destruction continue to pour into
the capital from across the country.
Over three thousand deaths have been reported
after the breakdown of peace talks between Maoists and the government
on 27 August 2003, pushing up the total casualty figures beyond
ten thousand lives since the insurgency started in early 1996.
Unarmed civilians are often fatally trapped between government
troops and Maoist guerrillas. Number of orphaned children, disabled
adults and widows run into tens of thousands. Cases of sexual
assaults on women by both rebels and members of the security
forces are being reported with horrifying details. Young men
and women in most of the mountain districts are leaving their
villages in large numbers, looking for jobs in the farmlands
in neighboring states of India or in the unskilled labor markets
in the Gulf region. Parents and housewives left behind in villages
are compelled to lead a life of insecurity, both physically
and economically. Social costs are equally high because of situation
where husbands and wives cannot live together for years. Children
have to grow up in a one-parent family.
Who are the actors and what are the main factors
responsible for the present state of affairs? "There are
three actors in every Third World conflict," Britain's
The Independent newspaper wrote on 17 June. The reference was
to the soldier, the politician and the civilian. The soldier
has the gun, the politician who stands behind him has a voice
but who endures the brunt of misery, illness and death has only
a pair of legs. They are only good for running. In most cases
they are no fast enough. The newspaper article then goes ahead
with a list of countries which deserve priority attention. Sudan,
Afghanistan and Nepal are among them. UN Secretary General Kofi
Annan's report to the Security Council a week earlier had also
placed Nepal together with Sudan, Iraq and the Ivory Coast which
provided "some of the worst examples of where civilians
have been suffering." The Independent said some five million
people of Nepal are at risk; and it held a critical view of
a reported proposition to create rural volunteer security groups.
This method, in that newspaper's view, can only escalate the
level of conflict.
Ironically, it is the unarmed civilians who
do not specifically figure in the strategies and roadmaps the
Nepali authorities and political leaders publicly churn out
from time to time. They usually talk only about the king, political
parties and the Maoists. Public discussions and discourses are
occasionally allowed to extend to include the army, Western
donors, UN and Nepal's immediate neighbors. But mention of civil
society and its important component like educationists, planners,
bureaucrats, academics, lawyers, business community and journalists
is rare and casual. The tendency is to ignore these segments
of country's 24.8 million-strong population emanates from a
perception that the civil society is palpably fragmented and
thereby weak. In fact, it should have been the opposite in view
of the fact that the country is currently without a parliament
and also without an elected government. To what extent, external
and extraneous factors are at work to create this untenable
scenario is a relevant point of intensive discussion.
MONARCHY
The institution of monarchy in general and
King Gyanendra in particular are at the center stage of the
existing political spectrum. The main source of his strength
is 78,000-strong Royal Nepali Army (RNA). By placing other wings
of state security, namely Nepal Police (50,000) and Armed Police
Force (15,000) and the country's main intelligence agency under
a ' unified command ' the monarch has visibly enhanced his military
might. Constitutionally, his position has already become stronger
as there are no parliament and elected government to offer any
credible resistance against the steps the King takes in an emergency-like
condition under Article 127 of the 1990 constitution. Article
27 makes him the custodian of the country's main statute. If
the political parties with pledges to abide by the constitution
decline to cooperate him, the King can afford to ignore them.
And he can authorize use of RNA-led force to contain the Maoists.
But only for the time being, as he has to address popular demand
for democracy and also the Maoist's agenda for an economic reform
and social justice. It is a stark reality that almost of Nepal's
population lives under the poverty line (earning less than a
dollar per day).Prospects of prolonging the palace-dominated
rule such as the one under Panchayat (1960 - 90) are not bright.
Traditional Western donors, such as the US, UK, India, Japan
and Germany, are unlikely to run the risk being seen as supporters
of an undemocratic regime.
THE ARMY
Nepal's international reputation as the homeland of the Gurkhas
has not been much of a help when it comes to work within the
country. Internally, it continues to appear as the king's private
army which lives on the salary drawn from the state exchequer.
Most of the army's barracks are located in places which are
miles away from the borders they are expected to safeguard.
Cases of encroachment of Nepal's territory along the porous
border with India are increasing, but the army has done precious
little to stop this dangerous trend. Incidents relating to unauthorized
entry of armed Indian groups into Nepal through the country's
main highways go unchallenged. In other words, transformation
of a ceremonial army, traditionally loyal to the king, to a
national army capable of taking on the intruders remains a formidable
challenge. (It is another matter that the loyalty issue came
to the fore in June 2001 when the RNA unit posted at the palace
failed to prevent the carnage which took the lives of the then
king, queen and crown prince. RNA chief at that time declined
to take responsibility regarding the personal security of the
king.) The constitution has put the RNA under National Defense
Council headed by an elected prime minister, but it has not
always abided by this requirement.
Necessity to be mobilized in Maoist-affected
districts gave RNA a chance to modernize its weaponry and increase
its numerical strength. Government allocations have increased
markedly, and so have moral as well as material support mainly
from India, US and UK. RNA leadership has to convince the public
through concrete deeds that the newly-acquired equipment and
skills would not be indiscriminately used against unarmed civilians.
Human rights bodies, both within and outside Nepal, have already
expressed concerns about the happenings of the past three years
of RNA's active role in containing Maoist insurgency.
POLITICAL PARTIES
The Election Commission has registered more
than one hundred political parties, but only about a dozen have
some public support and following. And, as recognized by the
constitution, these are the foundation of multiparty democracy
to which both the king and Nepali people are committed to. The
parties indeed became active, and played a positive role since
the ban on them was lifted in the aftermath of pro-democracy
movement of 1990. These remained potent platforms for organized
politics, based on progressive some ideologies with democratic
values, till the parliament was dissolved in May 2002, and elected
government was dismissed on 4 October 2002. They are considerably
losing public support since that time, and it is not just because
of the king's actions and inactions.
Lack of inner-party democracy, leaders' lust
for power, corruption internal rivalries, fragile ideological
bases, excessive external influence, and irregularities in elections,
frequent fissures and splits are some of the issues negatively
affecting the relevance of political parties. Unwillingness
on the part of prominent leaders to apologize for wrongdoing
during their stay in power alienated the people. Unhealthy trends
in the party politics was bound to make people indifferent to
the parties. Dwindling public support at the time of anti-king
demonstrations earlier this year in Kathmandu sent a strong
message to the leaders of agitating parties. Lately, some of
the parties in opposition including centrist Nepali Congress,
have changed their position on the monarchy, deciding to campaign
for making Nepal a republic. By doing this, Congress-led front
of four left-leaning parties have brought themselves a little
closer to the agenda pursued by Maoists.
MAOISTS
Leaders of the Communist Party of Nepal (Maoist),
who is outlawed and are considered terrorists by the state,
argue that since their ultimate goal is to transform the country
into a republic they are prepared to forge an alliance with
any party that has similar objective. As a political party,
Maosts say that all progressive and democratic forces should
form a common platform from where a decisive struggle against
the conservative elements led by feudal institution of monarchy.
Maoist leaders say they are prepared to settle for a constituent
assembly, a body to be elected to write a new constitution replacing
the present one. They appear to think that this method would
eventually lead to the abolition of monarchy. Once there is
an agreement on this issue, Maoists say they would not mind
handing over their guns to a neutral group authorized by the
UN up until the time the whole issue of insurgency is resolved.
Meanwhile, Maoists have intensified their
attacks on government and civilian targets. Abduction of school
children in their hundreds for expanding their militia, killing
of journalists for not giving them favorable coverage, death
sentence to those who do not give them donations, corporal punishment
to those who oppose their violent methods and ideology, shutting
down industrial units are some of the activities they are involved
in. These methods are obviously unlikely to garner support for
the Maoist movement. This is sure to make them unacceptable
as a civilized political force in Nepal's political landscape.
Maoists need to immediately stop violence, particularly against
unarmed civilians. Or can poverty be reduced by killing all
the poor people living inside Nepal?
UNITED NATIONS
Secretary General Kofi Annan's special envoy has been visiting
Nepal frequently in the past year. Kul Chandra Gautam, a Nepali
national, is another ranking UN official who has taken initiatives
to provide Nepal with the world body's assistance for ending
the current state of belligerency. "The UN is at the service
of the member states," Matthew Kahane, the UN representative
in Kathmandu, told a newspaper on June 30. However, Nepal's
official response to these offers has not been enthusiastic.
The royal government headed by Sher Bahadur Deuba seems unwilling
to change the positions taken by his predecessors. In other
words, he too is not in favour of the idea of bringing in UN
in the picture. Human rights activist Padma Ratna Tuladhar,
who worked as a facilitator in past negotiation efforts, suspects
that the hesitation at the official level is due to pressures
from India and the United States. (Raajdhaani daily, 31 March).
The familiar argument, however, has been that Nepal is capable
of sorting things the problem on its own. (But nobody is saying
how long would it take to do that and how many thousand people
needed to be sacrificed before such an objective can be fulfilled!)
British ambassador Keith Bloomfield, however, told an audience
on June 24 that it would not be prudent to involve both India
and China in government-Maoist talks. There have been suggestions
that Nepal should think of accepting the offer of assistance
from one of the neutral European countries such as Switzerland.
Sri Lanka's case is often cited as a country which has been
helped by Norway. Usually, the UN secretary general does not
take any step on his own, except in case of natural disasters.
But, as has been seen in the case of Sudan, he can persuade
the Security Council to give him necessary mandate to take appropriate
action. Article 41 of the UN Charter does have a provision for
"interruption", amounting to sanctions. Secretary
General Kofi Annan, who faced severe criticism for his inaction
in Rwanda a decade ago, seems careful to avoid repetition of
the past mistakes. There is no harm, some analyst's say, in
getting the UN involved as a guarantor for Government-Maoist
talks. If Nepal does not have faith in the UN, the contention
goes, its government should renounce Nepal's membership in that
world organization and end all of its commitments, including
the peacekeeping assignments.
NEIGHBOURS
Nepal's two immediate neighbors, India and China, are watching
events carefully and with an amount of concerns. China's concern
is limited and is focused on Tibetan exiles in Nepal who might
try to create problems through "Free Tibet" slogans
and some activities associated with that agenda. India has more
concerns. An increase in strength and activities of Maoists
could be a threat to the security of states bordering Nepal.
There are also apprehensions that Maoists could harm India's
growing business and industrial interests in Nepal. New Delhi
is also jittery about the extended presence of Western powers,
like the US and UN, in what Indians consider their backyard
in South Asia. India's interest in playing the role of a mediator
is flawed, because cross-border activities of Maoists have made
India a litigant in the dispute. How can a litigant be entrusted
with the responsibility of a judge as well?
DONORS/ FRIENDS
All are interested to see a stable Nepal with
democratic system of governance. Most of them are likely to
stop economic assistance if the democratic process disturbed.
The European segment of donors' community is appearing more
concerned than others on matters relating to violation of human
rights by both insurgents and security. Their position, as enumerated
by the Kathmandu-based diplomats representing European Union
through statements they issue from time to time. Countries like
Norway, Switzerland and Finland have made offers to be facilitators
for peace talks between the two warring factions. Britain, which
considers itself as a traditional ally, is keen to help Nepal
whatever way possible. The US, often seen as a country sharing
Indian perception on Maoist insurgency, is not keen in engaging
the UN at a political level. It is not, however, opposed to
Nepal receiving UN support in the form of logistics.
CIVIL SOCIETY
Nepal's regional and ethnic diversities together with economic
disparity are making it difficult to create a vibrant civil
society which could effectively stop domestic bids to scuttle
the democratic process, and at the same time prevent external
interference that can complicate the insurgency. Excessive external
interests in Nepal's affairs (in the forms of NGOs and other
class interest groups) have tended to create more divisions
within the society on the basis religion and divergent social
values. The social harmony is being disturbed. And what used
to be Nepal's strength in the past is becoming its greatest
weakness. The educated section of the society is gradually recognizing
the fault lines. This is an encouraging trend. As a saying goes,
while weak people wait for opportunities the strong people create
such opportunities.
(Wednesday 18 August 2004)
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