Tuesday, January 8, 2008

Alien forces drafted Nepal’s interim constitution?

http://www.telegraphnepal.com/news_det.php?news_id=2662

Layers after layers are being uncovered as to which factors were instrumental in allowing the then agitating seven parties to bag success during the April uprising of 2006.

The internal play and ploy of some forces here and there are being brought to the fore by none less than those who himself had been instrumental in supporting the then agitating seven parties against King Gyanendra’s autocratic regime.
The beauty of democracy is that nothing remains a secret time permitting. The press in a democratic system becomes the best tool to uncover the real happenings that catapult the entire politics of a particular country at a particular interval of history.

Thanks the democratic system that we the people have come to know of so many things that remained under play by certain alien forces which forced the King to kneel down and hand over the regime to the people’s representatives. We salute the press men who have dared to bring out the secret things to the open for the public consumption and by extension to the entire international community.

Question thus arises as to whether in reality politics is a dirty game? Is it in effect dirty or have we the people made it dirty? The answer to this question we leave to the august readers to mull over and switch onto the main topic of today’s write up.

Two things have come to the open in the recent days.
The first being a frightening one that related to an India based foreign intelligence agency supporting the then seven parties with colossal amount of money to increase the tempo of the then waning agitation being carried out by the tired seven against King Gyanendra.

The amount that the Nepali media estimates is in itself a staggering figure which could for some time paralyse the brain of a simple and ordinary “we the people”.
Question is not that which agency poured in money and through whom, question is indeed related as to why this or that intelligence agency supported the agitating seven with such astronomical amount and for what purpose? Question thus also become pertinent as to secure what political benefits later that particular intelligence agency poured in money in order to provide a new height to the agitation led by the then major political parties?

Since this topic has been discussed at length in our front page and thus we would wish to switch on to an altogether new topic that also uncovers as to how the interim statute was drafted and what the drafters of the same say now. This part is no less hilarious than the previous one as this brings to the fore as to which forces were the real actors behind the scene in drafting the said interim statute.
Sambhu Thapa, the former President of the Nepal Bar Association who was himself one of the drafters of the said interim statute has summarily blamed that though most of his colleagues were in favor of effecting certain tangible changes in the now defunct constitution of the 1990, the political pressure was so intense that they could not do so instead some “foren” hands drafted the entire interim constitution overnight.

He even claims that it was the Indian intelligence agency and its posted agents in Nepal loitering around the drafting committee and Baluatar Palace who in effect drafted the constitution.

According to Thapa, the said constitution thus contains so many anomalies. Thapa reiterates that the clauses contained in the interim constitution that demanded rigorous debate amongst the drafters got simply passed under the “invisible” dictates of some foreign powers.

To recall, Narayan man Bijukche had then said that the draft of the interim constitution was itself an imported one and was written in an alien language.
If Bijukche were to be believed then what comes to the fore is that the Nepali drafters of the said constitution were simply put in place to exhibit “we the people” that “we the people” have drafted the same. However, the fact is just the otherwise as has been revealed none less than one of the main drafters of the constitution.

Now having said this question also arises as to why Thapa at this time dared to reveal the flaws and brings to the fore of the presence of some alien nationals and alien forces at work at time of the framing of the constitution?
Why he kept mum for so long? Has he developed some sort of “new found love” for the now sidelined King? Or else why he did not made it public then when he was feeling the brunt?

By and large, Thapa gives the picture of the current Nepali politics as to how we are being told to move.

By and by, Thapa’s declarations are indeed a million dollar one. However, it would be nice if he talked to a large gathering of the media men than what he has been doing now by talking to a select group of media men who possess some love for the now completely cornered monarchy.

In order to prove his blunt allegations, it is time that Thapa talks his inner feelings to a large gathering of the Nepali media men so that we the “rest of the people” know better as to what tricks were involved and who the guys were engaged in drafting the said constitution to which he says were a bundle of trash.
Will Thapa rise to the occasion?2008-01-08 20:53:17

Monday, January 7, 2008

Is Maoist Leadership Losing Control Over its Cadre? -

Rajan Pokhrel
Kathmandu, January 7

http://www.thehimalayantimes.com/fullstory.asp?filename=aFanata0va3qzpba7Qa9sa.axamal&folder=aHaoamW&Name=Home&dtSiteDate=20080107

Is the Communist Party of Nepal (Maoist) gradually losing its control over its grass-root cadres and combatants?

CPN-Maoist chairman Prachanda admitted on Friday that cadres of the pro-Maoist Young Communist League have not given up their unruly activities. "It was reported that the YCL cadres have improved their conduct, but this is not true," Prachanda said while visiting Tribhuvan University Teaching Hospital at Maharajgunj to meet pro-CPN-UML student leader Deepak Gautam who is fighting for his life after being severely beaten up by YCL cadres in Kavre. ANNFSU central member Gautam was injured in the YCL attack on Monday. Talking to the media, Prachanda reiterated his hackneyed statement that he had issued strong directives to Maoist cadres not to attack any body. While he was crowing, "They will follow the directives," YCL cadres were merrily beating up traders in Baitadi district the same evening. At least a dozen traders were injured by YCL cadres in Khodpe Bazaar of Baitadi. YCL went on a rampage after traders took to the streets protesting against its highhandedness. In Sankhuwasabha, a group of Maoist cadres led by a district committee member severely beat up police inspector Amrit Thapa on Saturday. "They charged me with snatching their posters," Thapa said adding that he never did so. On Tuesday, three pro-Nepali Congress students were injured in an attack by the YCL in Ramechhap district.

Two months ago, Maoist cadres thrashed a Swiss tourist Steve in Kaski in October for allegedly refusing to pay "tourist fee". Steve said: "I had read in the newspapers that Maoist chairman Prachanda had said that his party's policy forbade extortion" adding the Maoist cadres started hitting him with bamboo sticks on his head when he said he could not pay the fee. According to news reports the Maoists are still collecting donation from tourists in the area after setting up checkpoints at different places.

Maoist cadres abducted journalist Birendra Shah from Dhodiya Pipra bazaar of Umzam VDC of Bara district on October 5 and killed him the same day. His body was recovered on November 7. After a huge international and national outcry, the Maoists in a press conference in Kathmandu admitted that party cadres Kundan Foujdar and Ram Ekwal Sahani shot Shah after abducting him. The Maoist brass itself expressed commitment to bring the culprits to book within a month but the murderers are still at large. Maoist cadres abducted Kanchanpur-based journalist Prakash Thakuri from Bhansi Bazaar of Mahendranagar on July 7. His whereabouts is still unknown. Probe panels have already tabled their reports to the government saying Thakuri was abducted and is feared killed e by YCL cadres. The Maoist leadership has kept mum till date about the incident.
Another horrific incident was the abduction of a doctor and officials of the Biratnagar-based Nobel Medical College. Young Communist League (YCL) cadres kidnapped Dr Gyanendra Giri from Kathmandu and the officials and they were severely beaten up. Each time, the Maoist leadership refutes allegations, then admits these and vows not to let such acts be repeated.

The series of atrocities continued, with a group of Maoist cadres looting weapons from the Fikuri police post in Nuwakot district in the first week of August and revolting against their party to form their own Janbadi Yuva Samuh. Rajkumar Regmi 'Sandesh' said that they revolted against the party to protest unequal treatment by the leadership. CPN-UML cadres were attacked in Ramechhap last week while scores of other unruly activities by Maoist cadres were reported in 2007.

In 2007, newspapers publication houses and businesses were targeted by Maoist cadres though its leadership kept parroting that it has no policy of attacking media houses. A few months ago, 10 Maoist Peoples' Liberation Army (PLA) men left the Sindhuli camp and joined the Janatantrik Tarai Mukti Morcha (Jwala Singh) in Siraha district. The incident raises the question what step will the 12,000 combatants who have been disqualified from the PLA take in future. Will they turn into to political cadres easily? Pro-Maoist Tharu leader Roshan Tharu quit the party and formed a front of Maoist dissidents. Some district cadres revolted against the Maoist leadership in Sindhuli. YCL chief Sagar has threatened to revolt if the party top brass ties up with "nationalist" royalists. There are cogent reasons behind these incidents: unequal treatment, immature schooling in political ideology, reluctance to give up arms and other rude habits, emergence of new armed groups, impunity, lack of security bodies' effectiveness and transitional phase, among others.

Most of the businessmen, common people, teachers, students and farmers among others who were contact for their opinion asked to remain anonymous due to fear of revenge, but the majority of them averred that the Maoist leadership was losing control of its cadres. A senior police officer said it was difficult to book guilty Maoist cadres. "If we arrest any accused Maoist cadre, hundreds of his comrades gherao our office demanding his unconditional release," he said.

Speaking at a programme in the capital on Saturday, CPN-UML general secretary Madhav Kumar Nepal said the Maoist cadres have not given up their 'looter attitude'. Nepal commented that the grass-root level cadres of Maoists were out of the leadership's control. Continuing unruly activities by the Maoist cadres were harmful for both the peace process and the constituent assembly elections, he added.

Nepal: Interim Statute was drafted by alien faces; Former Bar President

http://telegraphnepal.com/news_det.php?news_id=2651
TGW Analyst

Sambhu Thapa-the ex chairman of the Nepal Bar Association has said that though he was himself a team member which drafted the Interim Statute for this country some time back, however, expresses his utter surprise as to how come the said Statute got drafted overnight without the knowledge of the entire members comprising the constitution drafting team?

Talking to a local vernacular weekly freshly, the former President of the Bar association also reveals that most of his colleagues in the said team which was told to prepare the interim constitution were of the opinion that the interim Statute could well be drafted by effecting certain changes in the 1990 constitution itself, however, that could not happen for some alien elements (unidentified faces) loitering in and around Singh Durbar and Baluatar Palace drafted the same overnight.
In an oblique manner the former Nepal Bar functionary indicates that one foreign intelligence agency did the “job” on their behalf secretly.

Analysts say that though Thapa’s grand revelation is of immense import to this country and for its people, however, the moot question is that what forced him to declare this when his revelation would have no impact or whatsoever in the minds of the lay men let alone the Nepali academia?

Question thus also arises as to why Thapa did not resign from the said drafting committee when he got inkling of such heinous acts being secretly committed by some unidentified figures?

Thapa thus can’t escape the blame.

(A detailed analysis will appear in our regular issue of the Telegraph Weekly dated January 9, 08).
2008-01-06 15:28:39

Nepal: A Perfidious Indian Pitch - Maila Baje

http://newsblaze.com/story/20080106063313baje.nb/newsblaze/OPINIONS/Opinions.html

Among the enduring mysteries, surrounding the collapse of King Gyanendra's direct rule two years ago is the precise content of Indian emissary Karan Singh's road map. Prime Minister Manmohan Singh endured much criticism at home - as well as from the opposition alliance agitating against palace rule - by dispatching a former Indian royal related to King Gyanendra to restore the democratic process.

Emerging from his talks at the palace, Karan Singh seemed sanguine to reporters. The monarch, he asserted, would speak to the nation soon. The king did, inviting the Seven Party Alliance (SPA) to form an interim government. The rest of the democratic world was ecstatic. But that approach didn't work with the Nepalese people.

After King Gyanendra reinstated the House of Representatives, Karan Singh claimed that the transfer of power to the SPA was precisely in keeping with his initiative.
Now we are told that India had engaged in hectic bargaining with the palace during those tumultuous days. "Give us control of your foreign and defense policies and we'll put an end to the violent street protests," the trade-off purportedly went. Din Bandhu Aryal, a former Nepali Congress minister turned palace supporter, made the revelation at a public program the other day. Actually, it was hardly a revelation. Every Nepalese ruler since Padma Shamsher Rana has received such a proposal from independent India.

What makes Aryal's disclosure interesting is King Gyanendra's purported response. "I can't agree to those terms. Get whatever concessions you want from Girija, Madhav and Prachanda," Aryal quoted the monarch as saying. "They claim to represent the people and have brought out millions to the street to prove it." Aryal obviously is not a disinterested communicator here. He was among the most active supporters of King Gyanendra's takeover of executive powers in October 2002. Before that, he was an assistant minister in Prime Minister Girija Prasad Koirala's cabinet in 1991. (Yes, the one he reconstituted after sacking those Ganesh Man Singh and Krishna Prasad Bhattarai loyalists upon returning from his visit to India.)

The fact that Koirala had entrusted Aryal with the Ministry of General Administration at a time when the premier was reinvent the bureaucracy in his own image surely meant something. But, then, Aryal wasn't the only Nepali Congress leader to break with the premier.

Aryal's disclosure - made at a talk program on how the ruling alliance had become pawns of foreign powers - forced Maila Baje to ponder a bit deeper into the Karan Singh mission. Another princely Singh - the Bharatiya Janata Party's Jaswant - had already announced plans to visit Kathmandu. Prime Minister Singh evidently couldn't let Saffron Brigade subvert the 12-point accord the Reds had helped his government pull off in New Delhi.

The prevailing view was that India had dispatched someone who the king would listen to attentively. In retrospect, that seemed true, but perhaps not for the reason we were led to believe. Karan Singh arrived primarily as the former regent of Kashmir. In that capacity, he could most easily sweeten Delhi's proposal. Six decades after India absorbed Kashmir, people still blame Jawaharlal Nehru and Sardar Ballabh Bhai Patel for the massive drain on the nation's resources. No matter how hard India tries to convince the world that Maharaja Hari Singh - Karan's father - had signed the instrument of accession, there are woefully few takers.

And Karan Singh? Well, he embarked on a political life that far outweighed his stature as heir apparent of a landlocked Himalayan state. And, yes, Kashmir conceded - at least theoretically - only defense and foreign affairs to the Indian Union.

Prime Minister Singh's public persona doesn't quite permit us to conclude that he is relishing some historical justice here. Many Sikhs, after all, do resent Nepal for keeping Rani Jindan Kaur - Maharaja Ranjit Singh's widow and political successor who sought asylum here after an abortive uprising - under virtual house arrest, thereby snuffing out the last hope of Punjab's independence from British rule.

Of course, it ceases to matter, in our current political climate, that King Gyanendra's forebears were hardly freer than Rani Jindan was under the Rana rulers of the time.

Maila Baje writes about Nepal at http://nepalinetbook.blogspot.com

Sunday, January 6, 2008

Nepal 's Suspended Republic - By KESHAB POUDEL

http://www.nepalnews.com/contents/2008/englishweekly/spotlight/jan/jan04/coverstory.php

"After the amendment of interim constitution, the country has now two systems. There is republic in Singhdurbar (Prime minister's secretariat) and constitutional monarchy in Narayanhiti Durbar ( Royal Palace )," said Rabindranath Sharma, leader of RPP-Nepal, a monarchist party.

Although the parliament amended the interim constitution for the third time with an aim to establish republic and abolish monarchy, in real terms, the interim parliament has suspended the republic till the election of CA and gave continuity to the monarchy.

The article 159 (1) declares Nepal as a federal, democratic republic but its next clause places condition that the declaration will be subject to approval of the first meeting of constituent assembly.

For foreigners, these are words which are enough to confuse the status of Nepal . Article 159 (1) declares that Nepal is a federal, democratic and republic state. The 159 (2) says that the declaration of Republic will be subject to the approval of the first meeting of Constituent Assembly.

Despite declaration of republic, the constitution also gives continuity to the monarchy. The Article 159 (2) further states that if King makes efforts to disturb CA elections, the two third majority of interim parliament can pass a proposal declaring Nepal as a republic.

However, leaders of ruling party alliance found no time to proclaim themselves as republicans. From speaker of the Legislative Parliament to home minister Krishna Prasad Sitaula and from prime minister Girija Prasad Koirala to CPN-UML general secretary Madhav Kumar Nepal and Maoist leaders Pushpa Kamal Dahal and Dr. Baburam Bhattarai, all hailed the beginning of new republican era.

"After passing the constitution amendment bill by overwhelming majority, the country has moved towards republican. The parliamentary voting showed that there is no opposition voice in the country against republic," thundered speaker of nominated parliament Subas Nemwang.

Though it appears that after the declaration of parliament, a sword is hanging over the institution of monarchy, there are yet many safeguards. The article 159 (2) is a safeguard to the monarchy till the CA. As overwhelming number of Nepalese people are yet to express their voices through ballot, the debate of republic is still there.

"The interim legislature endorsed the popular mandate of people by declaring Nepal as a republic," said Home Minister Krishna Prasad Sitaula. "Nobody can reverse Nepal into monarchical state now."

Whatever home minister Sitaula or speaker Nembang - both of them are lawyers – claim, neither has Nepal become republic now nor has monarchy been abolished under the new amendment.

Since the members of interim parliament have never claimed that they are representative of sovereign people, it is against the sovereign people who have to ultimately decide on this issue.

"In fact, no political party has republic in priority, what they needed is a sharing in the power. There are two ways to go to power: either through the popular elections or through powerful push up. For a popular election, republic cannot be a catchy slogan as the vast majority of population has an attachment with the traditional way of living and thus respect for traditional institutions," said a political analyst. "When the parliament was functioning smoothly, there were three consecutive elections in which none of these seven parties had republican manifesto. The demand for republic is coming from far away from the country with its base in New Delhi now."

After signing the twelve point agreements between seven parties and Maoists in New Delhi in November 2005, the demands for republic appeared as an agenda of political parties. According to media reports, since then Seven Party Alliance and Maoist have signed several other agreements under influence and persuasion of Nepal 's southern neighbor.

Even for the last declaration of the parliament, for past-dated republican order, there is some sort of influence from Nepal 's southern neighbor. According to a reporting of popular Nepal Weekly (December 30), chief of India's Intelligence Agency RAW Ashok Chaturvedi had visited Nepal and pursued prominent Nepalese politicians including prime minister, Maoist leaders Dr. Baburram and Pushpa Kamal Dahal aka Prachanda and CPN-UML leaders to sign the 23 points new agreement.

"These events prove that the trend for monarchy is set not by the popular aspiration of the people but by the tactical maneuvering of the external agencies of neighboring country. Politicians could have been pressurized to accept to do away with the institution of monarchy even by this non-elected parliament. But time tested institution of monarchy has its utility yet not only for the politicians and people but to any country having serious stakes in Nepal ," said the analyst. "Leaders of political parties in Nepal are going through two contradictory allegiances: internal – the people and external – a security conscious neighbor".

According to the political analyst, apart from others, India and China , Nepal 's two neighbors, both need peace and stability in this country and the institution of monarchy is one of the historically proven factor of stability. Thus, politicians have served two opposite interests by one resolution. The leaders of the seven parties are clever enough to serve their people's wish on the one hand and please their external patron on the other. "They are yet maintaining access to go to the people through the continuity of traditional institution and at the same time they have served their external political patrons by putting the King into torture chamber," said the analyst.

Despite issuing three line whips by major parties, many MPs were absent in voting. According to speaker Nembang, out of 330, two hundred and seventy lawmakers voted in favor of the amendment bill and three had voted against it while the rest stayed away.

The government had tabled Nepal Interim Constitution (3 rd amendment) Bill 2007 in the parliament on December 24 seeking to overcome constitutional hurdles to declare Nepal as a federal democratic republic and hold elections to the 601-member CA by mid-April 2008.

As per the Article 159, the interim constitution retains monarchy unless there is proved misconduct by the King. It accepts the fact that the King is there. "If there is a king how can one say Nepal is a republic. Until the elections and convening of the first meeting of Constituent Assembly, the King's position is secured and protected by the constitution. Therefore, any declaration pertaining to republican state had to be postponed till that period," said an eminent constitutional lawyer and former attorney general.

As the Article 159 has made clear that unless the fate of monarchy is decided by the first meeting of CA, the declaration of Nepal as a federal republic cannot be executed. It may arouse the curiosity among the readers about the headlines that Nepal has suspended republic but anybody who has gone through seriously between the lines of the declaration of the parliament may reach to the same conclusion that the republic is like a past dated check issued in the name of bank. This amendment has suspended republic but not the monarchy.

Before Amendment

Article 159 - King related Arrangements

(1) King has no power to exercise in country's administration.

(2) Prime minister is responsible to exercise all the authority and power of state

(3) Whatever is written regarding the future of monarchy in this constitution, the first meeting of Constituent Assembly will decide the fate of monarchy by simple majority

After Third Amendment

Article 159 Head of State related arrangements

(1)Nepal is a federal, democratic republic

(2)The republic will be executed by the first meeting of Constituent Assembly but the interim parliament can declare Nepal as a republic even before the CA by two third of majority if it found that King has made effort to obstruct the CA poll.

(3)The King has no authority in country's administration

(3b) Prime minister will act as a head of the state till execution of republic

Cabinet fails to fix CA date; discusses border encroachment issue

http://www.nepalnews.com/archive/2008/jan/jan06/news06.php

Even though Prime Minister Girija Prasad Koirala had said last week that the next cabinet meeting would fix the date of Constituent Assembly (CA) election, Sunday's meeting failed to do so.

The cabinet reiterated that the election would be held by Mid-April this year, but didn't come up with a definite date. According to a minister Girirajmani Pokharel, the next cabinet meeting would fix the date since Sunday's was the first meeting after the Maoists joined the government.

As per the Election Commission's request for 90 days after fixing election date for preparation, the government has only a week left to fix the date if it wants to hold the polls by mid-April.

Meanwhile, Sunday's cabinet meeting also took up the issue of Indian encroachment in Susta and other regions. It has directed Foreign Minister Sahana Pradhan to study the issue further. At the meeting, Prime Minister Girija Prasad Koirala said that he was also talking with India on these issues. The cabinet decided to take diplomatic initiatives to resolve the land encroachment problem.

Furthermore, the cabinet also decided to present a supplementary budget keeping in view the constituent assembly (CA) election.

The Council of Ministers also reached a decision to arrange for the expenses needed to carry out the CA election in the supplementary budget.

The cabinet also decided to extend the deadline of the high-level commission formed to probe into the Kapivastu carnage, return all the confiscated red-sandalwood to the country of its origin and appoint Govinda Bahadur Thapa and K.B. Limbu to the post of Chairman and Managing Director of Nepal Airlines Corporation (NAC), respectively. nepalnews.com sd/ag Jan 06 08

अवमूल्यित संविधान, अपमानित जनता - कुमार रेग्मी

http://www.kantipuronline.com/kolnepalinews.php?&nid=133420

माओवादी र राजाबाट गरिएको २०४७ सालको संविधान र जनताको अपमान र अवमूल्यनको दर्ीघकालीन निकास खोज्न निस्किएका हामी नेपाली आफ्नै भनिएका नेताको लगातारका व्यक्तिगत र दलगत स्वार्थबाट ग्रस्त निर्ण्र्ााा कारण पुनः सोही स्थितिमा आइपुगेका छौं । शान्ति, लोकतन्त्र, पुनर्निर्माण र विकासका हाम्रा सपना सपनै रहने भए भन्ने राष्ट्रव्यापी चिन्ता र चासोले सत्तामा बसेका सातै दलका नेतालाई विलकुलै असर नपारेको स्थितिबीच जनतालाई पुनः निरीह, लाचार, असान्दर्भिक र अपमानित पारिएको छ भने संविधान उल्लंघन गर्न भनेरै जारी गरिएको हुन्छ भन्ने सन्देश दिइएको छ । यसो हुनु राष्ट्र र लोकतन्त्र दुवैका लागि सुखद भविष्यको संकेत होइन ।

हामी नेपालीको स्मरणशक्ति कमजोर छ र त्यसमा पनि दलका सत्ताधारी नेताहरू आफ्ना निर्ण्र्ाार प्रतिबद्धता सम्झन चाह“दैनन् किनकि त्यसले उनीहरूलाई आफ्नो अन्तरआत्मा र जनतासामु असफल र झूटो भएको स्मरण दिलाउ“छ । २०५९ असोज १८ को राजाको असंवैधानिक कदमपछि पनि सातै दलले सत्ता प्राप्तिका लागि आआफ्नै ढंगले खुलेर राजास“ग वार्ता र सहकार्य गरेकै हुन् र कतिपय दल राजाले दिएको सत्ता प्राप्तिमा अघि सरेकै हुन् । राजाको २०६१ म्ााघ १९ को कठोर कदमपछि मात्र दलहरूले संविधानसभासम्म जानसक्ने सम्भावनाको ढोका खोलेका हुन् । उनीहरूले पहिलोपटक २०६२ वैशाख २५ गतेको ऐतिहासिक ६ बु“दे सहमतिमा प्रतिनिधिसभा पुनर्स्थापना गरी २०४७ सालको संविधानलाई पर्ूण्ा क्रियाशील गराउ“दै माओवादीस“ग सहमतिका आधारमा संविधानसभासम्म जानसक्ने निर्ण्र्ाागरेका हुन् । त्यसको आठ महिनापछि २०६२ मंसिर ५ मा भएको १२ बु“दे दिल्ली सम्झौतापछि मात्र संविधानसभाको माग नेपाली राजनीतिको केन्द्रविन्दुमा आएको हो ।

हामी सबै आन्दोलनका सक्रिय सहभागी नेपालीले २०६२/६३ को जनआन्दोलनमा माओवादीसहितका हाल सत्ताधारी दलहरूले स्पष्ट रूपमा हामीसमक्ष १२ बु“दे सहमतिका रूपमा अघि सारेका आन्दोलनका लिखित ऐजेन्डालाई र्समर्थन गरेका हांै । नेपाली जनता १२ बु“दे सहमतिले उत्साहित भएर शान्ति र लोकतन्त्रका लागि आन्दोलनमा होमिएका हुन् । २०६२ मंसिर ५ बाट १२ बु“दे सहमतिलाई दलका नेता, कार्यकर्ता नागरिक समाजका वकिल, पत्रकार, मानवअधिकारवादी सबैले जनतासम्म लगी जनआन्दोलनको तयारी गरेका हुन् र जनसहभागितासहित अन्तर्रर्ााट्रय र्समर्थनको आह्वान भएको हो । त्यहा“ निरंकुश राजतन्त्र अन्त्य गर्दै भावी नेपालको सम्पर्ूण्ा खाका कोर्ने जिम्मेवारी र अधिकार संविधानसभाको हुनेछ भन्ने प्रतिबद्धता व्यक्त गरिएको छ । मंसिर ५ देखि चैत्रसम्म सभा, गोष्ठी, राजनीतिक कार्यक्रम १२ बु“देलाई सफल गराउन केन्द्रित थिए र त्यसको उत्कर्षथियो- १९ दिने सफल जनआन्दोलन ।

१२ बु“देमा लेखिएका कतिपय विषय माओवादी र संसद्वादी दलहरूले कार्यान्यवन गर्नुपर्ने विषय छन् भने सो बाहेकका विषयमा निर्ण्र्ाागर्ने अधिकार र्सार्वभौमसत्ता सम्पन्न नेपाली जनतालाई मात्र छ र त्यसको प्रयोग उनीहरूले संविधानसभाबाट गर्नेछन् भनी गरिएको प्रतिबद्धताका कारण जनआन्दोलन सफल भएको हो । दर्ुभाग्यबस जनताले आन्दोलन सफल पारी सात दलका हातमा सत्ता सुम्पनासाथ जनता र बाह्रबु“दे सहमति उनीहरूका लागि खोटो सिक्का सरह भएका छन् ।

संविधानका आफ्ना निश्चित मान्यता हुन्छन् । संसारको संवैधानिक इतिहास हर्ेदा सामान्यतः संविधान बनाउने सभाले संविधान जारी गरिसकेपछि त्यसमा संशोधन गर्दैन । संविधान जारी भएपछि त्यो भंग भएर आमनिर्वाचन हुन्छ र नवनिर्वाचित सदस्यले संविधानमा भएको व्यवस्थाका आधारमा आवश्यकताअनुसार संविधान संशोधन गर्छन् । हाल २०४७ को संविधान संशोधन गर्दै अगाडि बढेको नभएर सात दलले लामो छलफलपछि अन्तरिम संविधान बनाई व्यवस्थापिका संसद्बाट अनुमोदन गराएका कारण त्यहा“ सुरुमा व्यक्त प्रतिबद्धता उलंल्घन गर्ने अधिकार र हैसियत उनीहरूमा थिएन । हिजो राजाले गरेको जबरजस्तीको विरोध हामी सबैले गर्‍यौं र त्यसको निकास निकाल्यौं तर दर्ुभाग्यबस आफ्नै भनिएका नेताहरूको जोरजबरजस्ती, असफलता, संवैधिानक मूल्यमान्यताको अवमूल्यन हामी तमासे भएर हर्ेनसिबाय केही गर्न सकिरहेका छैनौं ।

कुनै पनि उपलब्धि आफ्नो भनी रक्षा गर्न सो प्राप्तिमा आफ्नो सशक्त भूमिका हुनु जरुरी हुन्छ । २०४७ सालको संविधान उकृष्ट हु“दाहु“दै पनि यो सफल नहुनुका पछाडि त्यसलाई जनताले नबनाएकाले हो भनी तर्क गरी नथाक्ने राजनीतिक र नागरिक समाजका नेताहरूले हाल जनताको संलग्नताबिना गरिएका, यो राष्ट्रलाई दूरगामी असर पार्ने निर्ण्र्ााारे सशक्त अभिमत व्यक्त गरिरहेको पाइ“दैन । धर्म निरपेक्षता, संघीयता र गणतन्त्रजस्ता गम्भीर विषयमा अधिकांश नेपाली स्वयंले सहभागी भई निर्ण्र्ाागर्नुपर्ने र गर्न पाउने नैर्सर्गिक अधिकारविपरीत सात दलले निर्ण्र्ाालिइरहेका छन् । यी विषय नेपाली जाति एवं नेपाल राष्ट्रको इतिहास, संस्कृति र स्थिरतास“ग प्रत्यक्ष जोडिएका यस्ता विषय हुन् जसका बारेमा पर्दापछाडि बसी केही स्वदेशी वा विदेशी दल वा व्यक्तिले निर्ण्र्ाागर्ने अधिकार राख्दैनन् । यी सबै निर्ण्र्ाानेपालका लागि उचित छन् वा छैनन् भनेर खोई दलहरूले जनताका बीच बहस

चलाएको - गत १८ महिनामा यी विषयमा जनतालाई सुसूचित गर्ने काममा उनीहरू किन अघि बढेनन् - किन यी विषय १२ बु“दे सहमतिमा लेखिएनन् - लेखिएका भए के जनताले जनआन्दोलनलाई साथ दिन्थे वा दि“दैनथे - आन्दोलन सफल ह“ुदैन भन्ने डरले यी विषय १२ बु“देमा नलेखिएका त होइनन् भन्ने यावत प्रश्नको जबाफ ७ दलले जनतासमक्ष पेस गरेका छैनन् । १२ बु“देमा यी गम्भीर विवादास्पद विषय समावेश भइदिएका भए आजका धेरै व्यवधान पहिल्यै हटिसकेका हुन्थे । त्यस्तो केही नगरी जनताको अधिकार खोस्दै खोटो संविधानसभामा सात दलले लादेको राजनीतिक र संवैधानिक निर्ण्र्ााकार्यान्वयन गर्न आजको रबरस्ट्याम्प व्यवस्थापिका संसद्जस्तै संविधानसभा गठन गर्ने कामले के भोलि यी एजेन्डालाई जनताले आफ्नो भन्न सक्लान् - जसरी २०४७ सालको संविधान असफलताको आरोप जनसहभागिता नभएको भन्ने छ, के संविधानसभाले बनाउने संविधानको अवस्था त्यही हुन सक्दैन - यी गम्भीर प्रश्न उठाउने साहससम्म पनि सत्ताधारी दलहरूमा देखि“दैन ।

लोकतान्त्रिक संवैधानिक व्यवस्था उच्च मर्यादा, नैतिकता र जनताको उच्च सम्मानबाट मात्र चल्न सक्छ । कानुनको शासनलाई केही व्यक्तिको उत्तेजना, सनक र असफलतापछि झनै शक्तिशाली बन्ने आधारका रूपमा व्याख्या गर्न मिल्दैन । १२ बु“देको अवसान धेरैअघि गरिए पनि कम्तीमा आफंैले महिनौंको छलफलपछि जारी गरेको शान्तिसम्झौता र संविधानको सम्मान गर्नुपर्छ । सो समेत गरिएन र सम्मान नगर्नु अग्रगामी र क्रान्तिकारी ठानिएको छ । गणतन्त्रै चाहने नेपालीका लागि पनि जुन ढंगले गणतन्त्र आयो भनिएको छ यसलाई उनीहरूले लिखुरे र अस्वाभाविक भनिरहेका छन् । जनअभिमतबाट त्यो आएको भए त्यसको स्थायित्वप्रति शंका गर्न गाह्रो पथ्र्यो । यसले हालका शक्तिशाली भनिएका नेता आन्दोलन वा निर्वाचनबाट नेपालमा राजसंस्था फाल्न सकिन्न, हाल अपनाएको जालझेलपर्ूण्ा शैली एकमात्र उपाय हो भन्नेमा प्रतिबद्ध छन् भन्ने देखाएको छ । के यसले उनीहरूको लाचारी र कमजोरीलाई उदाङ्गो पारेन - के यसले राजसंस्था सा“च्चै दरै पो छ कि भन्ने सन्देश दिएन -

हिजोआज बाहिरबाहिर हामी जति विजयी मुद्रामा देखिने कोसिस गरे पनि १८ महिनाका अराजकता, अलोकतान्त्रिक र संविधानविपरीतका कामकारबाहीले हामी र हाम्रो राष्ट्र झनै कमजोर भएको छ । एउटा हतियारधारी समूह माओवादीलाई मूल प्रवाहमा ल्याउ“दा बुद्धि नपुर्‍याउ“दाको परिणामस्वरूप २०, २२, त्यस्तै समूह तयार भइसकेका छन् । राष्ट्रियता चरम संटकमा परेको यस घडीबाट मुलुकलाई पार लगाउन समग्र राष्ट्रिय एकता र मेलमिलापस“गै कठोर ढंगले कानुनको शासनको स्थापना एकमात्र विकल्पका रूपमा हाम्रासामु उपस्थित छ भन्नेतर्फकति ढिलाइ गर्ने -



Posted on: 2008-01-05 11:39:27

Nepal: Jwala Singh favors round table conference prior to CA polls

http://telegraphnepal.com/news_det.php?news_id=2646

TGW - Any elections conducted at this juncture by the Pahade ruling State structure would be an act of sheer farce and deceit to the agitating Madhesi groups, says the Jwala Singh faction of the Madhesi armed outfit currently operating in Terai.

Jwala Singh, the President of the Jwala faction, has appealed, through a press statement issued Friday January 5, 08, all the Madhesi citizens to boycott such an election.

He, however, has demanded that a sort of round table conference be arranged first wherein all the Fronts, Parties and factions led by Madhesi leaders participate and later demand a separate “interim government” for the conduct of the Constituent Assembly polls.

“If the State prefers to conduct the CA polls in Terai/Madhesh with the support of the military and weapons, the state must remain prepared to shoulder the consequences arising thereafter”, adds the press statement signed by Jwala Singh.

Friday, January 4, 2008

Nepal: Dude, Where's My Country? - by Maila Baje

http://newsblaze.com/story/20071231141633baje.nb/newsblaze/OPINIONS/Opinions.html

As our seven satraps gloated over Nepal's gambol to republicanism, two events on the other side offered a gleaming contrast. As this writer surveyed the hundreds of people that converged on the royal palace gates to extend birthday greetings to Crown Prince Paras, the first thing that struck him was the diversity.

One saw a similar multiplicity at Durbar Marg two weeks earlier, as hundreds assembled in front of King Mahendra's statue to commemorate his 1960 takeover. If the palace really staged both events - the critics' standard line - then it did a pretty good job of rounding up a representative sample.

From youths donning baseball caps to older Nepalis attired in their respective cultural brilliance, the turnout epitomized the nation we are being incited to abhor. What inspired these men and women to come out in support of what is increasingly portrayed as a sinking ship? And that, too, amid palpable threats from the more militant sections of the ruling establishment?

Almost two years after the collapse of King Gyanendra's regime, Maoist guns have fallen silent in deference to a contrived peace process. Who knows when they will start booming again? Moreover, warning shots are being fired from all sides as new disgruntled groups emerge. Pre-1769 Nepal has returned in its full scariness. While everybody is busy articulating their victim hood, petty principalities are looming large in the name of inclusion.

Pashupati Shamsher Rana and Pari Thapa represent opposite poles of the political spectrum. That didn't stop them from voting against the third amendment to the interim constitution. Madhesi leader Upendra Yadav is already demanding a fourth amendment specifically to address his region's grievances. And he's not the only spokesperson for geographically defined grudges.

The advent of a republic has failed to enthuse diehard followers of the seven ruling parties, for different reasons. Deep down, they surely know that it wasn't part of the original manifesto of the April Uprising. True, venomous anti-monarchy slogans were raised by the tens of thousands who took to the streets. But what about the millions who stayed home? Could any genuine drivers of democracy have the audacity to expropriate the people's sovereign rights?

With distance, the practical dimensions of change have become too obvious. If the Maoists truly believed the movement was for ending the monarchy, why didn't they press on and move toward Narayanhity? And why didn't the mainstream opposition parties rebuff King Gyanendra's reinstatement of the House of Representatives and push for a full-fledged republic? As for ordinary Nepalis, there is only one way of finding out what they really think. No wonder a referendum on the monarchy is what scares the seven parties.

The goal posts have been shifting in the name of the peace process, primarily because the masterminds of the 12-point alliance are busy playing all sides. At this very moment, New Delhi is probably pressuring the palace on precisely those matters the monarchy has traditionally resisted. With Beijing and Washington having emerged as players that are more robust since the restoration of democracy, India is probably under new urgency to calibrate its Nepal policy.

The country is a republic, but the monarchy could be abolished if it were found to be conspiring against the constituent assembly elections. The contradiction doesn't stop there. The Nepali Congress finds it expedient to commemorate National Reconciliation Day while undermining the monarchy B.P. Koirala counseled a rapprochement with in the interest of preserving national independence.

Regardless of the effort the seven parties have put in defending this sleight of hand, the people recognize the 23-point agreement for what it is: an affirmation to hold on to power at all costs.

Few people have a problem with that. What's galling is the SPA's haughtiness in blaming the palace for our ills while conceding everything to a growing number of external power centers pushing their own agendas.

In that sense, the royal commemorations convey a larger message. Having been denied the right to determine the future of their country, people are beginning to vote with their feet.

Maila Baje writes about Nepal at http://nepalinetbook.blogspot.com

Ambiguity Of Madhesi Politics [ 2007-12-20 ]

Editorial - Narayan Prasad Wagle
http://www.gorkhapatra.org.np/popup_image.php?nid=33349

Dramatic changes in Madhesi politics have continued to unfold. In that series, some senior Madhesi leaders like Mahanta Thakur have quit the government, the parliament and resigned from the general membership of their political parties as well, adding fuel to the fire in the growing crisis in Madhes, in particular, and in the nation at large. Flaying the government and the parliament as well as their long-endeared political parties for their inability to resolve the problem of the Terai, they are prepared to form a new political party - one more force in a multitude of political outfits already operating in the land.

Beyond the surface

There is no doubt that the Madhesi people have long been marginalised and discriminated against by the state. In an open environment after the success of the April Movement, it is natural for them to raise voices for their proportionate representation in all state mechanisms and come to the street to further their cause. If these legitimate demands were the causes of the turmoil in the Terai, the politics in Madhes could be dealt in a straightforward way. But dramatic changes, secessionist voices and communal violence, including large-scale massacres, urge us to go beyond what floats on the surface.

If we look back at the parliamentary practice following the popular movement of 1990, we find that the so-called Madhesi parliamentarians were most vociferous about the issue of citizenship as if it would be a panacea to all the problems. Once the Loktantric parliament passed the bill meeting that demand, it went almost unappreciated. Most interestingly, those leaders did not raise any voice regarding the distribution of citizenship certificate to non-nationals as if that would do no harm to the Madhesi people.

When the Madhes movement flared up last year following the promulgation of the new interim constitution, many of their demands were addressed by the Interim Government within its capacity.

Thirty-five constituencies have been added; federal restructuring of the state has been promised; and the gradual inclusion of the Madhesis into the state mechanisms has started as manifested in the Civil Service Act.

All these developments do not seem to have reduced the violence and uncertainties in the Terai. Rather the political base of the major political parties has weakened in the Terai.

If Madhes remain tense and terror-stricken, it will be the Madhesi people who will suffer most. It is only peace and democracy in which the genuine demands of these people will be met. And if democracy and peace are to be ensured, the election to the Constituent Assembly must be held at the earliest.

But the politics in Madhes and crisis thereof indicate that the ulterior motif and Indian interests have infiltrated into it. The problems prevalent in Madhes, i.e., problems of marginalisation and discrimination are found in other parts of the country as well. Then why has Madhes alone become the centre of hot politics? Why is the problem of the Terai talked 10 times greater than the problems of other places and groups? And why are terrorists of the Terai free of any red corner notice? This deserves contemplation.

We know that India has not given up its policy of keeping the smaller nations in its neighborhood under its grip, which was fully expressed in the set of demands put forward to the declining Panchayat regime during 1989-90. Fortunately, she failed to meet her ends at that time. India may want to shift the centre of Nepali politics from Kathmandu to Madhes and keep it controlled by pro-Indian Madhesi leaders.

This is supported by the fact that Madhesi leaders never protest against cross-border crimes, border encroachment by the Indian side, inundation due to barrages built near the border and the 1950 treaty that encumbers our sovereignty. The dramatic unity of some armed groups on one hand and the unity of some unarmed groups on the other are also said to have taken place under Indian influence.

Therefore, the worrisome point is whether the warlords, feudal and pro-Indian forces are making false attempts to misuse the genuine demands of the people and converting the possibly peaceful, democratic and prosperous Terai into a conflict and death zone. At this juncture, the role of intellectuals and civil society in Madhes is very important. They should make every effort to prevent Madhes from being a centre of savagery like the northern part of Sri Lanka or a death spot like Kashmir.

However, the nationalist sentiments of the common people can hardly be underestimated. Ultimately, it is the common people who will win and those Madhesi leaders who fight for both the nation and the Madhesi people will establish themselves among the people. The forces that act against the people will gradually be isolated.

Racialism

Therefore, it is necessary to prevent the people from being misled. In this regard, it is the role of the major political parties, whose weaknesses have allowed the situation in the Terai to worsen, to defeat all kinds of regionalism, racialism and communal hatred. They should also try to bring, as far as possible, into mainstream politics those political forces that agree with a unified Nepal and inclusion of the Madhesi people in it: all should accept that the part must contribute to the whole.
Posted by narayanprasadwagle at 10:43 PM 0 comments

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