Diplomacy in Nepal

Public View on Diplomatic Productivity of Nepal

Krishna Hari Pushkar

It is interesting to see that the general public of Nepal are yearning to know and learn about the productivity of the Nepalese Foreign Ministry and its entire mechanism inside and outside the nation.

Previously, it was a matter of special concern for royalty and so called public celebrities, but now perspectives have been changed and almost all Nepalese peoples are starting to judge their own relationship and plus-minus shares in the productivity of Nepalese diplomacy. However, the need and interest of the general public does not seem to receive any response from the diplomatic operators of Nepal.

It is great to know that nowadays, the Ministry of Foreign Affairs (MoFA) has been spending huge efforts for restructuring, reengineering and reorganizing its entire institution to achieve better professionalism and huge diplomatic productivity in the changing context of diplomatic world. The working approach in integrated terms is known as an Organization and Management (O&M) survey. This is the current fashion and considered a seasonal activity of the entire civil service system of Nepal, and also, prohibitory policy in general of the Administrative Restructuring Commission (ARC) of Nepal.

It is well known that the Nepalese constitution building process is in limbo. The Constitutional Assembly (CA) has not yet decided on the overall governance structure of the upcoming federal model of Nepal, including the diplomatic affairs and potential structures. It is harmful to move forward without knowing the destination, priority and path forward or being unclear over possible questions about the move. So, everyone is trying to do O & M, which is like shooting bullet into the dark.

However, a few ministries, including MoFA also obtained special permission from ARC for an O & M survey. It is believed that a detailed O & M cannot be materialized now, until after approval of the governance structure of Nepal, in the federal context. Therefore, there are only possibilities of small changes or minimal organizational amendments that are mandatory to work and function at minimum level.

Normally, an O & M survey is a fact based work and document, it should be neither based on values nor influenced by any ill-intention. So, it should be purely based on national and institutional desire and interest. In fact, the major basis of the survey are programs, workload, job nature, rationality, and human resources of the particular institution. Therefore, the O & M is a scientific term, and technically well defined, structured set of activities, that performs under the theology of administration and management sciences.

It is itself a most complex, multi-connected, multiparty, time taking and sensitive job. So, it is essential to express gratitude to MoFA who dared to undertake such tough works. Actually, the O & M Survey is mandatory in Nepal for each and every civil service mechanism that wishes to make any productive changes in its existing organogram and job. In principle, it is required for all degrees of maximum or minimum changes in structures, hierarchy and functions

In any O & M survey, a scientific and technically justified workload analysis is crucial to judge the enlargement, enhancement and enrichment or reduction of an organogram and its system. Now, MoFA is asking central agencies to support them in increasing the numerous numbers of new institutions and divisions, joint secretaries and other high-ranking diplomats inside and outside the nation.

MoFA officials have been asked that O & M survey workload analysis or detail performance analysis be based on the various dimensions of diplomatic productivity and its related determinants, in accordance with the international practice and theory of administrative and management science.

Unfortunately for MoFA, the people and state authorities in Nepal also know that diplomatic productivity does not include any tangible value of money or quantitative calculation that can be easily shown in figures in sense of tax, custom or tourists.

MoFA in our developing nation does not mean anything alone to the country and its people, other than being a white elephant. Theoretically, MoFA is a type of bridge or means of connectivity or aligning authority between domestic and international affairs. It is a kind of road or highway or means of transportation made to link bilateral and multilateral forums and other relevant international community to achieve domestic goals and interest in a defined manner.

For example, if there is war between two states, MoFA officials can't fight since they are not trained for warfare, they have no expertise in war management, so they need state military to attack the enemy state under the umbrella of MoFA or other diplomatic mission.

Similarly, they only have diplomats with generalist backgrounds, so principally, they are not experts in labor affairs, economic affairs, trade affairs, commerce affairs, defense affairs, immigration affairs or security affairs etc. Therefore, the existing MoFA system cannot be productive without having proper, rational and adequate representation from sartorial authorities and institutions in the system and composition of MoFA and its diplomatic mechanism. This may be the ground that alone MoFA has either zero or negligible diplomatic productivity.

Diplomatic productivity has been a hidden or ignored word until now, for MoFA officials in Nepal, so it is important to spend a few lines to define the word. Diplomatic productivity has various dimensions, scope and understanding and it varies, country by country or institution. For instance, determinants and dimensions of diplomatic productivity can be different for mega developed, developed, underdeveloped, and post conflict transitional nations.

For a country like Nepal, the areas or dimension of diplomatic productivity may be described under several subheadings such as foreign direct investment, foreign aid, trade and commerce, foreign employment, tourism, bilateral-multilateral trade and commerce, defense cooperation, intensity of peoples cooperation and contacts, frequency of high-level visits, energy, election and representation, peace building, relief and rescue, consular and immigration service, national competences, international leadership, public accessibility, remittance, exchanges, governance and migrant security.

Diplomatic productivity does not look for direct and instant benefits as everyone knows that the advantages of effective and efficient diplomacy generally come in the long term. It is not like exchanging money for goods from a shop. It is difficult to quantify or calculate the exact quantitative or numerical value of diplomatic effort but it does not mean that it is impossible. It is an area of subjective and qualitative study.

For instance, it can be interpreted on the basis of cases and issues while weighing its achievements in accordance with the goals, priority and interests of what the nation wants to get from its diplomatic apparatus. It is about success (positive) or failure (negative) results that deals with the status of achievements of the state's goal, policies, plans and programs as assigned to MoFA and its mechanisms.

Forty thousand illegal Nepalese jobs came under crisis in Iraq, because MoFA stamped passports "not valid to enter Iraq." MoFA was also totally silent on rescue issues on Middle east/Gulf political unrest until national media and the Ministry of Labor repeatedly demanded immediate action.

It can be seen while studying the status of Asian, European or American markets for Nepalese products and also analyzing the declining positive trade and commerce transactions with Indo-Nepal. Moreover, major countries have changed on arrival visa facilities for Nepalese citizen due to our poor diplomatic performance. In the past, Nepalese enjoyed on-arrival visa facilities in many more countries including Europe, Thailand, Hong Kong and Malaysia.

Declining Nepalese representation, participation and leadership in multilateral and bilateral institutions, including the UN can be considered one of the most pathetic consequences of existing negative diplomatic performance. Similarly, decreasing quality foreign employment market, growing human smuggling in the name of foreign employment and failure to provide basic rescue and relief timely in destination countries for labor migrants shows the real face of the lack of Nepalese diplomacy.

In public opinion, Government should not waste much if the Nepalese diplomat abroad either stands to take part in reception ceremony, hospitality management or just to fulfill their own vested interest. Wearing formal dress, sleeping in meetings, losing in negotiations, enjoying dollars, torturing people for passports, and drinking whisky cannot be the successful code of a diplomat, nor a positive outcome for a state's investment. Changes, restructuring, and correction need to be accepted for immediate reform inside the Ministry of Foreign Affairs.

The Ministry of Foreign Affairs claims that it needs more manpower, resources, new institutions and more because these are essential for their self-claimed and self defined economic diplomacy and foreign employment system without realizing the need and involvement of respective authorities and its stakeholders inside their diplomatic system.

In Nepal, MoFA ignores the reality and contemporary need of a successful diplomacy and international relations system. MoFA must study and learn more about the shifting dynamics of contemporary diplomacy, otherwise it will not be worth making any changes and reform until and unless it rethinks its existing mindset and horizon. MoFA should join hands with concerned agencies on an equal and rational basis. It should reflect on their ongoing O & M, if they really want to go forward to fulfill the need and interest of the nation and its people.

Source: Newsblaze.com

Big Boss Fights ( Mr. Bharat Mohan Adhikari Vs Mr. Rameshwar Khanal)

Krishna H. Pushkar

It is painful to read media news on the ongoing cold war and growing unfair relationship between the Finance Minister Bharat Mohan Ahdikari and Finance Secretary Rameshwar Khanal. The media reports said that Mr. Khanal has resigned due to severe differences with his minister. Also, media accused that the conflicts emerged due to unethical pressure and blackjack working style of Minister. The major concern came in media that Bharat Mohan Adhikari wants to save some of the corrupt corporate business houses where Finance Secretary is boldly active and fully committed to take all necessary action against such corrupt business persons and houses who have been cheating/manipulating millions of rupees taxes/revenue, misusing their political powers and influences.

God knows the reality, but people talk in street and in-house that Finance Minister tried to transfer Mr. Khanal as energy secretary without any justification and ground. He also wanted to bring Mr. Balanand Poudel, existing secretary of Ministry of General Administration as finance secretary, so secretary Khanal was unhappy with the news. Secondly, Mr. Khanal has expressed serious dissatisfaction over the unprofessional and hotchpotch mass level recent transfer of its’ senior officers (joint secretary/undersecretary) inside the ministry and its various wings, purely based on political ideology and influences in accordance with the interest of UNL affiliated business persons, ignoring the need and interest of state and institutions. In addition, Krishna Hari Baskota, revenue secretary had also started to disfavor and disobliging secretary Khanal’s interest and developing several vested political things and started assisting in majorities of unnatural works for Bharat Mohan Adhikari.

Thirdly, there was also a big fight over the transfer issues of Rajan Khanal, existing Director General of Inland Revenue Department, actually, media reported Mr. Finance Secretary does not want to see now his transfer anywhere because of his excellent professional proficiencies and outstanding performances, specially due to the leading role of Mr. Rajan Khanal in ongoing investigation against the fraudulence and tax cheating growing activities of business houses, though the Minister tried to kick him out forcedly somewhere else, because he is the main one who has initiated and taking leading charges to take strong action against the corrupt corporate business houses and business leaders. Though, Minister became failure to transfer Mr. Rajan Khanal due to full stand, exceeding resistance and strong protection by Secretary Khanal.

In general, a blog reported that including Mr. Binod Choudhary and his business networks are the main one who seems involves in tax/revenue fraudulence cases, Mr. Choudhary is a CA member in UNL quota, so people suspect that Minister Adhikari might have influenced by Mr. Choudhary to act against both Khanal.

In general eyes, secretary Khanal are considered comparatively very competent, professional, bold, sound and ethical secretary among his existing colleagues. In public opinion, major political parties, constitutional committees, journalist, civic society, Civil Service related trade unions and other professional organizations must take special interest and pay timely attentions to look after the realty between the case of conflict of Finance Minister and Secretary.

The resignation of secretary Khanal will not affect Mr. Khanal personally, because there are the long list of offers are waiting in the international and domestic market for him. We learned that he has also agreed to join in a senior position of an international multilateral organization, if his resignation is accepted, he may able to be get millions of dollar per year that may be hundreds of times more than his existing income, but state will lose millions of qualitative and quantities values and productivities that are coming and about to come due to his outstanding working strategy and professional competences. So, perhaps we want to see him back as secretary of Government of Nepal.

Some analyst says that Mr. Rameshwar Khanal is not politically active as other secretaries are, but he has very intimate friendship and informal relations with senior leaders in all national parties who may provide all necessary political support. Specially almost all former finance ministers including UML leader Surendra Pandey, Dr Ram Sharan Mahat, Baburam Bhattrai etc. are all times supporters for Mr. Khanal.

Also, it is very hard for Bharat Mohan Adhikari to achieve even a consensus in his own central committees’ against the kick out behavior for Mr. Khanal from MoFA. The UML Leaders e.g. Nepal, Oli, Surendra Pandey, etc are all time supporter without reservation for Mr. Rameshwar Khanal. Similarly, Prachanda, Baburam Bhattarai, Krishna Bahdaur Mahra, Top Bahadur Raymajhi, etc are also not found against or dissatisfied with the finance secretary Khanal. In addition, Madhesi parties and its leader are also not against Mr. Khanal and has nothing to do with existing accused corrupt business persons. Mainly, Nepali Congress whole party will stand as back up for him. So it is very hard for Mr. Bharat Mohan Adhikari to save corrupt business person and kick out the finance secretary Khanal outside the Ministry of Finance. Some people believes that majorities cabinet members are in favor of secretary Khanal and have already expressed dissatisfactions against the biased and humiliating behavior of Mr. Adhikari towards secretary Khanal.

In conclusion, we want back Mr. Rameshwar Khanal as finance secretary, though we know that probably he is not coming to rejoin the resigned post.

Let’s share your views and opinions over the issues.

(The views expressed above is just a part of a systematic presentation of a random survey analysis of recent media reports and informal views of experts, and just produced for informal discussion in online groups and blogs, it does not reflect the views and opinions of the writer at all. Therefore, it cannot be used as proof for any legal or administrative action or official purposes.)

UNMIN's Reintegration Plan is Under Fire in Nepal

Krishna Hari Pushkar

The United Nation Mission in Nepal (UNMIN)'s has imported and now introduced a sixty weeks reintegration plan for ex-Maoist Combatants in Nepal. It has come in a crucial strategic period and political transition period of Nepal. The UNMIN is being accused that it has been working against its mandate and favoring particular political powers and ideologies. Often, UNMIN tries to intervene in domestic political affairs, which crosses its limitation. In the past, the chief of UNMIN was about to be declared Persona non grata. Today, Nepal has just a caretaker government and is suffering from political limbo. As many of us know, the ongoing political escapades in Nepal are not favorable for an effective and successful implementation of a comprehensive peace process and related plans.

The "Reintegration Plan" of the UNMIN has come as a nasty surprise for domestic peace stakeholders, because the plan was supposed to come after political consensus and proper homework - respecting the aspirations and needs of the nation. It did not, however, come in the right time, right manner, right way and by the right authority. It is nothing special, just a way to please donors in the community; to allow the UN General Secretary to be safe; and to sustain both his job and the life of UNMIN in Nepal. It is an open secret to all that the ill-fated plan cannot work for reintegration.

Naturally, the plan has come under serious dispute and has been straightforwardly rejected by the head of the Government and its coalition parties, which should be regarded as a major fault of the plan. On the one hand, the Prime Minister Mr. Nepal has already threatened UNMIN against its so-called reintegration plan and on the other hand the Maoist has also expressed its strategic discrepancy by developing its own party's reintegration plan. On the other side, the ex Maoist combatants and other stakeholders including civil societies, private communities and general citizens are also not happy with the plan. Its simple--no one is happy except the employees and allies of UNMIN.

There are lots of problems with the plan. First, it sounds like its prepared in an academic manner, ignoring the sensitivity of local socioeconomic and political scenario. It seems the plan is designed and developed by those experts who are aware about the literature and story but not about the facts, local context and relevant contents of Nepal.

Secondly, it has no participatory planning characters that are must for any reintegration plan. Third, it has neither sustainability measures about the plan nor is it owned by government or the particular authority e.g. state/executive or parliamentary committees, civil society, local government or any authorities that are directly supported and authorized by the government. It is because the government is the only authority who has ultimate and final accountability to manage and deal with pre to post phases of reintegration and to entire processes with its citizens. It is not just a matter of peace and politics--it has to do with national and internal laws too. Furthermore, it is also true that the UNMIN has not worked properly in profiling and opportunity mapping areas that are a must for any successful reintegration plan. Thus, the locals in Nepal consider the aired reintegration plan as an authoritative/interventional course of action.

In my observation, UNMIN and respective outsiders should pay more attention and need to be careful about its given mandate and legitimized role. They should understand "reintegration" is not like distributing food packets or organizing seminar projects. The reintegration is related to the past and the long term future of the nation’s people, as well as its peace, polity, and governance related affairs.

It has broader areas and scope, which has a lot to do with political consensus and agreements. So, they must attempt to work on a pre-policy impact assessment approach and must use the conflict sensitivity analysis while working on such crucial plans, policies, programs and projects in such a conflict-affected fragile country like Nepal, which is a among the poorest countries of the world. It is on the one hand a post-conflict nation and on the other hand it has severe ongoing arm ethno-regional-political insurgencies in various parts of Nepal. The reintegration plan has direct relations and links with other ongoing insurgency groups and its insurgents' arm group, so it need be clarified before to introduce such policy and plan. Though, UNMIN has not yet presented any strategy to address the issue in their so called advertised disabled reintegration plan, which is unfortunate one. UNMIN must know that any reintegration plan should not undermine the contemporary sociopolitical situation or the sustainability of its long term management while introducing the reintegration plan.

Sadly, the UNMIN has failed to recognize even the existing and potential actors of reintegration. The UNMIN deliberately failed to consider the importance of, or to coordinate with the various stakeholders in different layers. Therefore, the UNMIN must correct its roles and activities regarding the reintegration of ex combatants in Nepal, otherwise, such plans could add more political tension and confusion over the peace process in an upcoming day in Nepal. The poorly designed reintegration plan may push the nation into further conflict and political polarization. It could stymie the entire ongoing peace process. Of course it would be vexing to bring the peace process into its logical end.

Any plan from the UNMIN that may assist the mismanagement of ex combatants and their future should not come into the nation. The UNMIN has no rights or authority to play with the future of the nation and its citizens. The time will come soon where the state will get stronger, and will be compelled to take action against the UNMIN--and declare their officials Persona non gratae, if they continue such activities in the upcoming days.

Source

Politics on Peace and Constitution in Nepal

By Krishnahari Pushkar

Nepal's much awaited highlevel political mechanism (HPM) finally has constituted, but there is much confusion. It is viewed differently in the national and international arena. Some political pundits look at the mechanism as an important milestone while others see a strategic conspiracy. Major national and internationally stakeholders including the UN conditionally and carefully welcomed the new mechanism, with the hope and belief it will lead to positive outcomes.

Interestingly, the voices of favor and dissent in HPM began on the day of its establishment. Senior leaders from some parties are against the mechanism and see it as a serious conspiracy.

Many people say they do not understand this dramatic development of how the political parties and leaders came so easily to join together on this political mechanism without compromising and building consensus over the conflicting political agendas.

The important issue is that HPM is neither politically-democratically approved, nor is there a clear working strategy. So people are curious to know how such a mechanism will cope with the existing paradoxical scenario where the ruling and opposition parties are being confronted and endlessly conducting political marathons against each other. Frankly speaking, the ruling and opposition parties are not on the right track. All are focused on power-games rather than contributing towards the logical end of the peace process and building the constitution for New Nepal.

The parties and their leaders have forgotten their principal mandates, and they have deviated from the path they committed to. Specifically, peace building through successful implementation of a comprehensive peace accord (CPA) and restructuring the state through constitution building should be the principal goals of the national polity. However, both issues are in limbo and have become matters of lower priority.

I believe what is needed is a clear and visionary roadmap, using HPM, with really positive goals and objectives working towards the peace process and constitution building. Otherwise, it will be understood publicly as a continuation of a strategic conspiracy culture against the existing coalition government.

The mechanism should able to expose clearly how they will handle the issue of Maoist version of civil supremacy, madhesi and other ethnic version of inclusion and federalism, the confused and misguided version of PLA integration and many more contemporary issues that have become issues of mutual face-offs among the parties. In addition, HPM should describe the agreed structure of the cabinet and how they work to address the national agenda and priority.

These are really crucial questions for all Nepalese as well as concerned institutions and agencies, so it must be clarified beforehand to see the HPM as a part of positive effort and commitment for the peace process and constitution building.

Experts illustrate that peace process and constitution writing will not be successes until Nepal gets a multi party coalition government and common political consensus on the aforementioned issues. The peace process and constitution writing may be further paralyzed if even a single political actor is ignored or excluded from both the peace and constitution building processes. Therefore, all parties and political forces should be given equal importance and treated democratically in a rational manner.

In plain view, the peace process should reach almost a logical destination once the cantonment based former Maoist guerrillas are successfully managed in accordance with the letter and spirit of the CPA and Interim Constitution of Nepal (ICN).

The ruling party and opposition both are avoiding the major issues by using various crosscutting power-politics, and switching day by day the public commitments. In addition, in the name of democracy and politics, all of the Nepalese political parties are acting beyond political ethics. The general Public are irritated and fed up with Nepalese political culture, the smaller and bigger all parties believe that criminalized politics, militarized activities and roughshod impunity are the ways to oppose the government while they live in the opposition room.

Nowadays, no political parties look at legacy, legitimacy, rationality, relevancy and utility of their political activities, rather they have a blind desire to capturing the cabinet. In such context, how can Nepalese people expect positive value from HPM without experiencing the forthcoming impacts into practice? The people are in confusion. The HPM has created a huge illusion among the stakeholders of the Nepalese peace and constitution building process.

The international community, specially the UN believe that HPM is a product of continuous efforts of United Mission in Nepal (UNMIN) and also the UN Secretary General Mr. Ban Ki Moon, but it is just a misconception. It is because the HPM was not constituted in accordance with the spirit of diplomatic efforts, peace accord and constitutional provision.

It is sad to say, in many ways, the UNMIN is a failed mission, not able to achieve its even minimum assigned tasks and responsibilities.

It has not done much except to have a nominal role in technical affairs of cantonment management, verification, political marketing and to pay just limited diplomatic courtesy. The UNMIN is observed as an ambiguous agency that raises the situation of confrontation among the major political parties.

One can ask why does the UNMIN still stand, given such failure and low performance? Experts say it is only to respect the UN resolution and to maintain the relationship with UN for future support and continuation of ongoing development process and post conflict affairs of Nepal.

The UNMIN is seen by opposition political parties in Nepal, as a pro-Maoist institution, however, this is not completely true, even though politicians blame it for being so. The UNMIN became unpopular due to weak diplomacy of its managers; most of them have been unable to even deliver proper diplomatic output and failed to maintain the minimum diplomatic code of conduct. Most of the UNMIN officials poorly manage their assigned roles and dutiess in the peace and conflict affairs of Nepal.

They are unable to manage effectively even the cantonment, verification process etc and to deliver diplomatic pressure on respective politicians to enforce CPA efficiently, duties assigned by UN resolutions.

The Politicians are polarized on UNMIM performance, some of the politicians have strong affection and some of them are alienated, so the public are under serous confusion to identify who is right and who is wrong. The reality is that UNMIN failed to maintain balanced relationsips and deliver impartiality, neutrality and diplomatic capabilities. That being the case, the HPM must unite and make necessary common consensus to deal with UNMIN. The HPM needs to exploit the positive features of UNMIN systematically, that could be helpful to facilitate the ongoing peace process to a logical end.

Nepal has a history of the sorriest experiences of constitutional instability, changing its constitution so often. The HPM must succeed, to include the needed characteristics in the new constitution to make it more sustainable, visionary, reliable, and people and nation centric.

The HPM must learn from the countries where the constitution functions well over decades, especially from the US, Canada, Australia, India, France, Switzerland. Those constitutions have nice characteristics, are well established and considered good constitutions by their people and the world.

Among these constitutions, we found some common similarities; holding enough public legitimacy, having greater public and political trust and respect, addressing the greater degree of domestic and international affairs. The constitutions are also successes in transforming diversity into pluralism, addressing the need and desire of excluded, marginalized and deprived groups and societies of the nation, delivering good governance, making rational redistribution and maintaining social justice.

The assurances of public rights and high level of liberties is a common feature among them; they also guarantee civil supremacy, good governance, constitutionalism and rule of law. However, the meaning, definition and understanding of the discussed characteristics may be differed in each country and context. In addition, the constitutions are capable enough to deal with the possible peace building, conflict management and to handle the contemporary issues of the respective nations.

The rational flexibility of the constitutions allow them to respond to unexpected matters and future affairs of the nation. These constitutions are considered very homely and nationalistic, and developed in accordance with the need and importance of the nation. They mention international dignity and cope with international diplomacy by leading their images in the international arena. Indeed, providing good national security and maintaining national unity and integration is also a principal strength of these constitutions.

One of the most essential strength of the constitutions is that states are efficiently and significantly providing all basic and common goods, services and opportunity to the people without disorder and discrimination. The scientific provisions of justified power sharing, constitutional provisions to respect the majorities and preservation of minorities on the basis of equality and equity are additional strengths.

The justified social inclusion and scientific representation provisions are major, to provide the opportunity for national mainstreaming. The constitutions have assured discrimination free society and necessary legal arrangements against any disqualification of people's life and governance.

In short, these constitutions have capabilities to bring and maintain peace and harmony in the nation. The exemplified constitutions are well capable to manage conflicts in efficient ways; proved capable to keep their people and nation happy, healthy, and prosperous. The constitutions are capable of providing solutions of the majority of national sociopolitical issues.

The ruling and oppositions parties pay equal respect to the constitution. It does not a matter whether the countries are practicing capitalism, socialism, or a mix of governance or adopt unitary, federalism, confederation or any other type of government or governance. The illustrated constitutions provide different types of approaches for governances or government, but all are considered successful to a greater extent because they have been delivering and bearing those characteristics lucratively in a systematic and scientific manner.

Generally, every constitution should be capable of keeping their nation and people more happy, healthy and prosperous, which are considered major characteristics of a sustainable constitution. Therefore, the HPM must be careful and capable to include those essential characteristics in the upcoming constitution of Nepal, if they are committed to making the new constitution sustainable and successful, otherwise unpredictable forces will go in revolt and start fighting for new constitution as happened in the past.

In this regard, the HPM has many challenges and opportunities ahead with huge possibilities of successes, if they act honestly, jointly and continuously in accordance with the people's mandate and spirit of the Interim Constitution of Nepal, by keeping the national interest and people's wishes at teh forefront as a guiding principle of their duties and responsibilities. It seems the principal conditions for HPM are to unite all active parties and politicians to get common political consensus from inside and outside of the power-gameboard to deal with the issue of the peace and constitution building process.

They must achieve national consensus and an all parties coalition government to ensure the logical end of CPA and to achieve the successful and sustainable constitution in due time. The HPM must concentrate on common national agenda and priority rather than focusing on changing the particular parties or leader from the Government.

So I wish Good Luck to the HPM!

(Mr. Krishnahari Pushkar writes about social issues, security and conflict management, often in relation to Nepal. An Under Secretary of Government in Nepal, he is well honored as a Peace, Security and Conflict Management Professional, who contributes regularly to national and international nongovernmental organizations as a peace and conflict management expert.)

Source: http://newsblaze.com/story/20100111132807abha.nb/topstory.html

Nepal: Polity for Peace

The article deals with the political dilemmas of ongoing peace and constitution building process of Nepal and it provides possible ways out of the topsy-turvydom. It highlights the contemporary affairs of Nepalese political culture. Specially, it prescribes the proficient ways to end all types of political impunity, undemocratic practices, and finally discuss the ways to bring out the off-track politics into peoples’ platform. The article also includes the potential roles and contributions of multifarious stakeholders that may help to conduct the Nepalese democratic polity and behavior towards to achieve sustainable peace, prosperity and national interest.

Nepal is peaceloving country but it does not mean the national polities support the dispositions of its nation and citizen. People want to see its land from the out of transition but politicians want to keep the land into long process of alteration. People mandates are to achieve sustainable peace and successful management of comprehensive peace accord-2006, but politicians want to achieve sustainable power and regime in government. People gave mandates its’ constitutional assembly’s representative to involve in peace and constitution building process, and to play productive role in effective restructuring of the nation but they are either not interested or disqualifies to perform its assigned parliamentary responsibilities and tasks. Beyond the rule, they keep parliament totally inoperative since long time, ignoring the people’s sovereignty and national interest. It has been strange that Nepalese polity is just roaming around the attraction of cabinet but not tramping to honest enforcement of peace process. Forlornly, there is unfortunate misguiding understanding among the parties that they defines its leaders’ supremacy as people’s supremacy, which has not yet even tested anywhere by any constitutional, political or administrative tools.

Now, the prime tasks of politicians are supposed to solely involve in management of the peace process and constitution building, but other than they have priorities their tasks in different ways to gain either individual or gang benefits. Consequently, the issues related to the management of cantonment based Maoist’s combatants, federalism, inclusions, and broader governance affairs are into limbo. Specially, the overall constitution building process is also being severely victimized due to the growing political impunity. Here impunity also includes the issue of unaccountable, irresponsible and deviated politics.

Sadly, Nepalese politics are not in the path of normal politics in similar to other world’s democratic polity. It needs to instant commute or redefine accordance with practical democratic doctrine. The homegrown Nepalese polity believes on impunity and unaccountability which has become core values and characters of existing Nepalese politics. Sorry to say, Nepal’s politics are becoming criminalized and everything is being accepted here in the name of parties’ supremacy. They have very wrong understanding that politicians are superior to law and even exempted from all moral and ethical values of politics. Unfortunately, they take it as a part of immunity, just because they have branded as “law maker”, whereas all Nepalese are found forced to be performed as blind, dumb and deaf to watch every wrongdoing of the so called lawmakers.

Honestly writing, they are not serious about peace process or constitution writing, so they often raise the issues that push overall peace building and national restructuring process into apparition. Every day, ruling parties as well as the opposition parties come with new issues that are neither addressed in their political manifestos nor described in inter-intra parties’ agreement or consensuses. Many of the political parties are irresponsible and tugging the nation into catastrophe.

Peoples are innocent and unable to do anything against the conventional Nepalese political culture that politicians are always superior. People have been suffering due to outlawed polity. Poor is being poorer, maimed are being more hurt, corruption is intensified, criminality is becoming hitch of daily life, murder, kidnap and physical auscultations have become routine incidents, people are dying for food, water and medicines, children are unattended and fighting for survivals, infrastructures are turning into tragedy, and impunity has become very common. It means nothing seems in order. Peoples say that it is because of transition, but it is not fully true. Transition does not mean bombardment on peace or brush aside people’s choice and national interest. Also, transition does not encourage political unaccountability and award discount from political responsibility. The degree could different but in any condition, rule of law, public and constitutional priorities should be kept always into priorities, which are mainly now successful management of peace process and constitutional building works.

Anyway, the democratic practices and personas cannot be apprehended in the name of transition for personal benefits or anarchical pursuits. Politicians should know that the democratic polity is meant a capacity of a democratic politicalsystem which need to respond to the preferences of its citizens, national interest and constitutional priority, specially to achieve sustainable peace, prosperity, development, and maintain respectable sovereignty and inter-intra dignity of the nation.

Observer fond Nepalese peace process is in comma, any time it can be collapsed or tuned into sadistic form of war. Also upcoming new constitution will be tossed in dubiety, if the polity of politics is not substantially changed accordance with the national need. Simultaneously, general public, civil society and professional organization have to change its role, if they really wish to correct the existing piteous political scenario of the nation. The conventional tools such as formal delegation, unnecessary bandh, memorandum, close-meetings, hello-interaction, rent seeking-seminar, and briefcase-workshop are found ineffective and useless in Nepalese case. The efforts have found failure to correct the existing ill-politician and corrupt-political system of rules. Therefore, new approaches of polity control need to introduce and practice in Nepalese scenario.

Firstly citizens of respective constituencies need to pressurize their respective representatives regularly and also need to ask to make written promises public about their role and preferences of work. Afterward they can force larders to present action plans compulsory along with the provision of regularly disseminating progress report among people in local level. It could also help people to judge the qualities of their representative during election. The system can be introduced in the initiative of local civic leaders, media person and nongovernmental organizations. In addition, voters need to watch and analyze the performance delivery status of their leader. It is now clear that voters’ silent syndrome has proved dangers for the national health and the people too, so it has to be break immediately. Peoples should put continuous pressure and extend warning in time to time, if they found in case deviated from the people preferences or extended commitment.

Secondly, the professional organization and civil society need to form a close circuit network in each level of political apparatus, to pressurize and warn the politician and political parties about their political commitments, peoples’ interest and national priority. They could put continuous pressure and force them to not deviate from their main agenda and priority, by providing continuous technical and advisory support. In addition, the professional organization and civic society can form a different watch groups to monitor and observe the activity of particular political parties and politicians with extraordinary responsibility.

Thirdly, the international community and diplomats could also play a crucial role to bring the ill-polity into the right democratic track. They could fund and provide all possible technical assistances, experiences and assistances to in the areas of voter empowerment and also to the particular party and politicians, if they required assistances to perform in particular issues or areas. Most of the Nepalese parties and its politicians are unaccountable; they do not have integrity, honesty, and commitment in their speeches and acts. So, they need many more direct-indirect expertise trainings, coaching, and counseling, tips while performing their role or stand in particular vital issues. However, a precaution is essential that Nepalese politician do not like so called open international interferences and imported ideas. Therefore, the international community or donor can use indirectly some Nepalese trained semi-political experts for the work, who could efficiently provide technical expertise and consultative support to particular leaders and party in regular basis without exposing the brand of particular donor and country. Such experts may require also extra ordinary qualities that might have broader access and closeness with respective politician, parties and top brass bureaucrats.

The Nepal based diplomats can constitute joint task forces whose main responsibility should to monitor and pressurize continuously to the particular parties and politician about their extended national and international commitments. They could use their donation’s agreement provisions as tools of pressure too. They could highlight about the Nepal’s national priority and peoples’ interest without prejudice while dialoging, negotiating and meeting with particular political parties and politicians about the issues of mutual interest and other related affairs. Besides, some negative diplomatic tools for bad-politicians may develop in symbolic manner to bar diplomatic privileges and immunities such as visa denial, non-invitation, diplomatic desolate, no-funding, no-moral support, access of denial from diplomatic community and international participation etc. may also use to control the unaccountable and undemocratic politician and parties by developing effective qualitative and quantitative parameters to create possible threat on them.

Fourthly, Of course, Nepal has also some good politicians and people in every party with ideal political background, so they also need to now unite and sacrifice for the nation. They have to be stand beyond the parties’ and individual wrongs interest, if found harmful for the national and citizens’ health. In their respective party, they have to make companion and movement against bad polity and political culture. They could pressurize respective leading groups to develop clear standard and ethical parameters for political role, duties, responsibilities and code of conduct about morale, professional and social life.

Specially, a high level independent internal powerful commission needs to constitute to monitor the legacy, legitimacy and lawful performances of political leaders. Such commission will have the rights to warn the politicians in every party, most of the politicians are very corrupt and not even transparent in many ways that have been already proved by Election Commission of Nepal, where many politicians, and political parties has not yet submitted their income-expenditure details besides its’ legal provisions. In cabinet, parliament and also in respective institutions of many institutions, where the leaders are supposed to submit their full properties detail, but they often disobey such legal provision. So, the respective authorities could develop some legal provisions that such politician parties or politicians should automatically suspended and may not be considered further illegible to participate in political process or power sharing till it complete all legal formalities. Additionally, the repeated wrongdoing may be registered and can be declare them nationally as permanent disqualification for political ineligibility. It can be also done though constitution amendments and other laws related to political election, appointment, nomination. Such wrong people should not be eligible for any public post or responsibility.

Fifthly, the culture of disqualifying the disqualified is urgent need in Nepalese scenario for protecting the qualified leaders in rational politics and polity of Nepal. The main fascinating crux of democratic polity is to honor the people’s sovereignty and supremacy at all time, commitment and honest actions towards fulfill the peoples’ interest and meaningful devotion to achieve national preferences in democratic manner, otherwise democracy will no longer sustain and will transform into “criminolocracy”.

It is really sad to illustrate the most of the Nepalese politicians are ineligible and disqualifies for politics, if we test them by using empirical norms and indicators. Nepalese democracy and politics are becoming worse and worse. Unaccountability and irresponsibility has become the major part of political cultures and it has long rooted in Nepalese polity. It is because majorities of politicians are belongs from the unqualified category, so it s time to revolt and ask politicians to redefine the social, moral, political and professional values and standard of politician and its parties. Hence, Nepalese need to put strong pressure to constitute immediately a nonpolitical experts’ constitutional high level commission, who may provide full rights and responsibility to judge and take immediate action against guilty or bad-activity or unfair-roles of the political parties and politician. The commission should assign enough judicial power to look at the rationale complains against them. Indeed, the commission should have enough authority to conduct necessary investigation, take into custody for investigation or take any necessary urgent action against the culprits, if found well-enough proofs of any wrongdoings, undemocratic, criminality, illegal or illegitimate activity or performance. The commission may provide the full judicial rights to disqualify any politicians for future political career, if enough evidences presented against. Also, some compensatory provisions may introduce if performance, decisions, or roles of particular political leaders or parties causes to hit on the personal, social, economical, or institutional losses.

Lastly, it is also a crucial time for bureaucrats to rethink about its conventional theology of impartiality, commitment, neutrality and peoples’ centric attitude with high professionalism in civil service. The bureaucrats now need to open their eyes about their legal, professional and legitimated roles. People accuse that politicians are bad because of bad-bureaucrats; they are somehow master of forged-politicians and mastermind for criminalizing the politics. The bureaucrats are also responsible in some extend to degrade the political-standards of Nepal. Therefore, civil servants and its professional organizations need to contribute to deal with the contemporary and crucial issues of political pathos. It will helpful to enforce effective implementation of comprehensive peace accord and constitution building process. It is believed that bureaucrats are closest kith and member of their kitchen cabinet, so they have enough opportunity to assist, watch, guide, and observe the politicians and political parties and to prevent from any wrongdoings. It is believes that the senior bureaucrats are often behind the scene. They design the roadmap for the huge corruption and criminal events. The politicians just perform direct leadership at the end of planning and preparations.

Therefore, it is times for all bureaucrats to contribute for its nation, national preferences, and peoples’ interest and also for the future generation. Please come all of us with honest minds and commitments, and start struggle against the corrupt and criminal politicians. Let’s be unite and stairs a fresh protest and warm them to be careful in due time, otherwise any actions may occurs against the enemy of the nation. In general understanding, bureaucrats are the major authority that can easily collected the required proofs against disqualified politicians and parties to disqualify them legally and remove permanently from Nepalese political structure; who have been fouling the politics and exploiting the nation as an octopus. Let’s starts at least cognitive movement today from ourselves to clean political contamination and contribute to establish sustainable peace, harmony, democracy and prosperity in the Nation. Let’s join our hand-in- hand and stands to contribute to the voice of neo-reform and transubstantiate the existing polluted polity into people’s centric democratic polity.

(Mr. Pushkar is a Peace and Conflict Management Expert and Under Secretary of Nepal Government, Email: khpushkar@gmail.com)