Irregularities and Corruption in Issuance of Driving License

Dear all members and subscriber of Nepal Officers Online,

I am writing about an issue on “Irregularities and Corruption in Issuance of Driving License” As most of you know that recently I am working in Ministry of Labor and Transport Management as a capacity of Under Secretary. Currently I am taking care an investigation case about the involvement of govt. officers in excessive irregularities and corruption in license issuance at Driving License Office, Bagmati, Kathmandu. Actually, this case belongs to National Vigilance Center and also regularly dealt by the Commission for the Investigation of Abuse of Authority (CIAA). Some of the national media and news houses have also aired the issue under priority. It is because the case is not only matter of corruption and irregularities but also concerned with national security threats, so we all true citizen must pay honest attention and contribute to address the issue properly.

Of course, I am having serious threats since I have started the investigation. Just yesterday night, I have received a threat call from a self-claimed powerful people of Ministry of General Administration over telephone, he said that he will take any necessary action or may transfer me somewhere else immediately if I do not give up or quite from the case. He forced me to dismiss the case without any delay because one of the accused officers is his very close friend. However, I am not worried at all and ready to face with any upcoming situation without affecting the spirit and ethics of the investigation. Indeed, we will try our best to find out the truth and reach in logical end of the ongoing case.

Therefore, I would like to request you all to share me the related suggestion, ideas, opinions and facts related to the irregularities and corruption in issuance of Driving License at Kathmandu valley. Kindly share us through emails, phones call or any suitable means in accordance with your convenience.

Once again, I thank you all for your continuous helps and cooperation.

Sincerely,

Krishna Hari Pushkar

(Under Secretary)

Ministry of Labor and Transport Management

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)

Nepal’s Dual Citizenship: A Suicidal Decision?

By Krishna Hari Pushkar,

Upcoming Dual Citizenship policy will be a big threat on democracy, sovereignty, integration and harmony in polity as well as in society too. Such stochastic policy could push our nation towards serious problem, if the government introduces the policy without analyzing the potential impact. Therefore, the government should go in open referendum accordance with the spirit of interim constitution before to approve the policy of dual citizenship.

The Non Residential Nepalese (NRN) has pressurized government to approve the dual citizenship policy and now government is almost agree on it. Sadly, there are misunderstandings among the people that NRN is only the people who are rich and living in rich country. Now, it’s time to be clear about the NRN. What about the 80-90 lakhs Nepalese who are living in India? What about the 4-5 laksh Nepalese who are living in Burma? What about the 3-4 lakhs Nepalese living Bhutan? For instance, let’s exclude the NRN people who have been living in prosperous country and prosperous profession and think what will happened if the described people come in Nepal and ask to be a part of dual citizenship?

I think most of them come in Nepal and will happily try to settle in Nepal permanently since the problem in Bhutan, Burma and India (see the problems and difficulties facing by Nepalese ethnic people in Assam etc.) have become huge headache for Nepalese ethnic people. I think most of them could easily establish relationship with Nepal and will able to fulfill all the required criteria to obtain citizenship.

We should be serious and learn first about our national capacity, limitation of resources, infrastructure and other related multifarious aspects. Just approving the dual citizenship is easy job for government, but to manage and maintain policy sustainably is more complex job. I think the citizenship includes the set of duties and responsibilities equally for a nation and individual too.

What happen if the all people come and ask the state to fulfill the constitutional, fundamental and human rights? Do you think that our nation is capable now to address the issues? Do you think the dual citizenship policy will prove profitable for Nepal? Isn’t it will be an additional burden of the nation? I think it will be a big threat on democracy, sovereignty, integration and harmony in polity as well as in society too. Such stochastic policy could push our nation towards serious problems, if the government introduces the policy without analyzing the potential impact.

Is there any research and homework conducted about the potential impact of dual citizenship policy with reference to Nepalese context?

Therefore, I request all stakeholders to be serious about the issue in timely; otherwise it will prove a suicidal step for the nation and the existing nationalities of Nepal. I am not sure but in my personal opinion, the government should go in open referendum before to approve the policy of dual citizenship.

Additional justification from Krishna Hari Pushkar:

Thank you. Please do understand that there is nothing to do with the NRN law and its definition. The major issues of dual citizenship are for those Nepalese who have been living abroad and have ended the Nepalese citizenship and also for those who are willing to do the same. Friends, pro-dual citizenship companion is based in a cagey logic that provision of dual citizenship will be helpful to attract FDI or private investment in Nepal from the so called limited rich people. However, you might know about the number of rich people who can really able to invest in Nepal. I think we could just count in finger about the number for such limited people, but you will lifelong unable to count the growing number of those people who seek for dual citizenship. You must know about the ratio of the people who want to invest in Nepal and the people who just want to have dual for their individual/personal benefit. May be millions of NRNs who are living abroad (India, Burma, Bhutan etc) will settle permanently in Nepal. Therefore, why should Nepal Government and people agree to provide dual citizenship? Could you provide any empirical justification? Do you know the number of people who want really investment and to be a part of socioeconomic development? I think Nepalese people are now aware and willing to know about the fact rather than the value.

Additional justification from Mr. Krishna Hari Pushkar:

In response to your argument, I would like to clear that I did not talk about those people who are only Nepalese speaking. But, I talked about those people who are inherent Nepalese and they migrated or left Nepal few decades ago due to employment or economical reasons. I am sure that they could obtain their Nepalese citizenship accordance with laws and could present enough proofs e.g. parental properties, blood relations, old voter list, lands and malpot related receipts etc. Most of the previously described non residential Nepalese have more than enough proofs to prove that they are well eligible to get “Bansaj Nagrikata”. Therefore, it should be clear that I talked about those non-residential Nepalese who are equally eligible as the defined nonresidential Nepalese who are living in so called developed and prosperous country.

Author's Bio: Mr. Pushkar was a DAAD fellow and studied research master in peace and conflict studies in Germany. In addition, he holds an internationally honored first class master degree in public administration. He has participated in dozens of national and international trainings, seminar, and workshops programs related to governance, migration, ethnicity, social inclusion, human rights, diplomacy, peace, security and conflict management in US, Europe and Asian countries. Mr. Pushkar often writes opinion articles, reports, conduct researches and publish commentary notes on the various contemporary issues related to the areas of his expertise, specially with reference to Nepal. He has been working under the Ministry of Home Affairs/Government of Nepal and well honored as a Peace, Security and Conflict Management Professional. Mr. Pushkar actively involves and also contributes regularly to the dozens of national and international nongovernmental organizations as a capacity of peace and conflict management expert.

Empower Home Administration in Nepal

By Krishna Hari Pushkar

The empowerment of Home Administration is now became a most crucial challenge to the new Government since the effectiveness and efficiency of the Home Administration are just limited in paper only. People may ask that why the Home Administration is pushed in such pitiable situation? The expert explains there are problems and difficulties in few basic areas of Home Administration e.g. functional, legal, procedural, structural, & personnel etc. The political causes include frequent changes in constitution, political interference, spoil and tenders system in transfer, promotion and postings etc. The legal causes include weakness in administrative and security laws, absent of proper civil administration and security polices. The procedural causes include bad practices in service delivery, hello effect, political prejudices and ill governance. Similarly, the structural causes include the poor and conventional structure in Home organizations and its responsibilities. Likewise, the personnel causes include wrong man in wrong place, haphazard posting and job responsibilities, deep rooted nepotism and favoritism, discretionary, immoral and illogical ways for personnel administration etc that are found beyond the rules and regulation, though it is very normal for Home Administration. Specially, the Home Ministry often acts against Civil Service Laws which is most panic factors.

The proficiency of the Ministry may simply explain through following practical questions: why should Police Chief follow the order of Chief District Officer in local level or Home Secretary’s order in central level? What are the controlling, supervisory and monitoring mechanism of Civil and Security Administration inside the system of Home Administration? Do we feel Civil Supremacy in local level? Why Prime Minister or Home Minister should gives more important to the Police Chiefs rather than Home Secretary? Legally, the Home Secretary should responsible in official ways for whole Home Administration, however the role of Ministry is ineffective and very limited in over all Security Administration.

In Nepal the political leadership derisively ignore the role and significances of Home Secretary, Chief District Officers or Civil Administrators in Security Management, and they give over important to the polices hakims exclusively, which is beyond the norms of hierarchical chain of command and abuse of legally provided span. Perhaps such politicians are regressive people and willing to promote and impose their personal interest over Home Administration system, as they trust arm holders are efficient for all the wrongs or influential things that they want such as corruption, murder, torture, smuggling, and other use-misuse of authorities that may be individually productive to respective the politicians and parties.

In legal provisions, the CDOs have plenty of authorities without power, so, they cannot able to implement or enforce anything properly till police or intelligence helps them into practices. Also, all corrupt politicians and criminal polices it-self want to see Home Administration or Civil Supremacy weak to enjoy illegal privileges and impose individual ruling system over the Nation. Consequently, general public have to suffer and face various trouble even in routine life such as bad governance, corruption, criminality, lawlessness, violence, exploitations, attack, kidnaps, force donation, discrimination, and more. Further, the Ministry has also bad impression in various sectors e.g. immigration, boarder security and other associated issue that are kept under the responsibilities of Home Affairs, etc.

The democratic ruling system believes that Civil Supremacy is the best systems which provides Good Governance and impose Rule of Laws as per interest of its citizens and democratic norms. Though, whatever the provisions are mentioned in constitution, laws or speeches that are delivered by politicians of New Nepal will not be materialized till Civil Supremacy or the Home Affairs will empowered properly as per desire of New Nepal.

One more example concerning the disaster works, in Ministry of Home Affairs, there are central disaster task force; however there are no any disaster specialists, though it has high marketing in Medias without having any significant positive impacts in grassroots level, because the resource and funds are being misused and officials are being individually rich. The causes behind such position is absent of proper officials and organism. People charge, how can such units may effective if people deputed as experts in this section are only experienced in delivering citizenship, passport or something else throughout job periods, so how can be disaster affected people or victim will be benefited from such laymen people? The similar situation exists in drug control unit, arms and weapons section, egovernance and other too.

It is depressing to say; there are no any training, research or development units for the Home Ministry. The Home Ministry does not formulate any official policies, neither any contemporary strategy to cope with any emerging challenges and situation of Nepal e.g. security issues, intelligence, human trafficking, terrorism, immigration, border security, terrorism, cross border, refugee etc; they do not generate any specific ideas, except to force or implement either traditional manner or just the enforce the haphazard orders or intentions of politicians. In practice, Home Ministry is just a CC desk of CDOs, Polices, Intelligence, Jail and Immigration etc. Frankly speaking, the Home Ministry is the poorest one in the sense of inland or outland training opportunity, career development perspective, foreign visit trip, or any opportunity concerning the development, research, workshop, seminars etc.

In addition, the Home Ministry has largest responsibilities and job descriptions; however it is poorest one in the sense of resources, infrastructure, physical facilities and technological development ignoring the importance and reality. The funniest thing is, there is e-governance section, through, the deployed people are general officials and are limited in MS office only, so what kinds of e-governance system should be expected from such mechanism? We have website for our Ministry, but it has not supplied needy information or any update to supply for visitor. We have official email address for inquiry and information but it is permanently inactive. So, what are the significances of such arrangements?

In observation, the Ministry of Home Affairs should need immediate restructure, reengineering, reform and empowerment to achieve better performance or high productively, otherwise it will be collapsed or remained passive in current situation too. Everyone may see & realize the situation that police revolts, rising kidnaps, murder, smugglings, mounting corruption, captivity, attacks, insurgency, strike, unwanted blockades, capture, situation of lawlessness, etc are in daily medias and news, Although, the Home Affairs is only limited in Singh Durbar buildings and speeches. Regarding the disaster, the most panic passiveness was observed while the Flood-Tsunami of Sapt-Koshi River destroyed few VDCs of Sunsari district and far western part of Nepal but Ministry were limited in press release and radio interview. Practically and legally too, the Home Ministry are responsible for all disaster prevention preparedness, rehabilitation and relief work but there were no any proactive actions were seen till few thousands of people lost their lives, liberty, property and products. So what kinds of actions were taken for such irresponsible officials and authorities? Who are responsible for such huge causality?

Every one may face the growing influence and buoyancy of YCL, Youth Force, Forum Force, Tarun Dasta and many more self-declared paramilitary private groups, who are popular for dadagiri rules. People claim they are better and convenient with these private paramilitary forces rather than Official Governmental security system, because the private paramilitary groups are very active, economy and found quick responsive and effective for general public. The public trust over official security system does no longer exist. People blames Governmental Security people are involve behind many more criminal and other illegal activities. In such situation how can people trust on State catered Security, perhaps this is the reason, when someone is kidnapped or attacked or something like that... than sufferers use to consult criminals or stronger gang’s leaders to be prevented or protected form such situations. People are compelled for such seedy steps, it has been seen recently in many criminal incidents that were took place in Kathmandu valley, Birgunj, Biratnagar, & Pokhara etc. In short, existing Home Affairs is no more capable, reliable or effective to execute its assigned job and responsibilities accordance with the expectation of New Nepal.

To address the above discussed issues Home Affairs has to take following actions immediately to dodge from such feeble situation, otherwise, situation will be most horrible and Rule of Law or so called democratic rule will be changed into bad Governance or Rule of Crime in entire Nation.

Ministry and Home Secretary:

The Ministry should be immediately equipped with centrally coordinated civil and security data networks, Home Security Group, Service and Class should introduce separately in Civil Service Act, Home Secretary should make more centrally responsible for all security and Civil Administration accord with the job description of the Ministry, the direct controlling, supervisory, monitoring and other significant powers and authorities should be delegated to Home Ministry and its mechanisms for their assigned jobs and responsibilities.

Some technical human resources e.g. security experts, conflict management experts, data and network engineers, disaster management experts, immigration and migration experts etc should be recruited immediately as per need of the Ministry. The training, research and development division and its needy infrastructure should be provided to the Ministry. The personnel administration policy should be made more specialized, inclusive and rationale. Particularly, I am in favor to introduce a special Home nature oriented laws for Personnel Administration in Home Affairs since the nature of Home Ministry is totally different and more sensitive than others.

Further, the Ministry must introduce a central security task force under the command of Joint Secretary where representatives (at least DIG level representatives from Nepal Police, Arm Police, and NID) should be kept in the Ministry as regular unit. Further, Prime Minister, Home Minister, Chief Secretary or other channels must consult and coordinate with Home Secretary rather to make direct consultation with Police Chiefs excluding some exceptional cases. In conclusion, the Ministry and Home Secretary should make more responsible for the matter of security and other civil administration affairs. Further, the coordinative role of Ministry should be addressed in UN mission, diplomatic relation and other issues of terrorism & National Security. Concerning the National Investigation Department, the Ministry must develop a wing in the Ministry for better performance of National Investigation Department, it is now less productive and inefficient in many ways. Most of the political workers are working in this department where no expected productive is being achieved in anyways except feeding some criminals and political harvesters. However, some good cadres are also working in professional ways but they are very limited and shaded by nonprofessional flocks. Besides, organizational and position based chain of command &, span of control should be scientifically restructured with relevance to contemporary context of New Nepal.

Moreover, the Home Ministry is the authority to distribute financial support for poor, helpless, or compensation as per laws and directives but we found most of financial supports and compensations are being misuses in the absence of proper laws and directives, so effective criteria should be developed to block off the misuses of the National resources. Additionally, the Helicopter is also one of the major means of corruption; therefore, Ministry should buy its own 2 or 3 Helicopters for its need based uses despite renting continuously and paying ten times more in a year than a cost of a New Helicopter.

Additionally, the Home Affairs is also often criticized for bad performance in the areas of border administration, immigration, jail administration, human rights issues, and other management and administration issues. Therefore, some performance oriented empowerment tools should be immediately brought into practices for effective and efficient administration.

CDO issues:

Basically, the Chief District Officer (CDO) is the local representative of central Government, who might have maxim authorities to exercise the power of central Government accordance with the laws and decisions of Government. However, in practice the CDOs are the one of the worst post. They are practically responsible for many things in district but they are poor in terms of need based power, budgets, manpower, & technology. For instant CDO is responsible for maintaining peace and security, to enforce law and order, development administration etc, but CDO remains powerless, if his/her issued order or request is not implemented by Police, Army, or any respective authorities or officials. In addition, CDOs are responsible for corruption control and monitoring and supervisory, though CDO has no sufficient budget to buy even adequate stationary, so every time; CDO has to ask for help to the other office In-charges. So how can a CDO morally capable to take an action against such officers or In-charges who are helping to CDO? Therefore, CDOs are compelled to be silent while they have to take heed on any cases or complains against the other officials. So, CDOs must be equipped with all types of needy resources for their effective and efficient role and duties.

Further, CDO should be professional but the tendency of CDO posting is more political and slapdash. In short, it is seen that the Home is a highly professional Ministry but it is operated by non professional people. The political leadership uses to send their harvesters as CDO instead of professional people. The outsiders’ trend to entering as CDOs through backdoor is very bad tendency. Of course, they are being failure in comparison to original cadre of Home Affairs. The main intentions of such lopsided CDOs are to earn more, enforce the order of dishonest politicians, who are doing many things for their personal interest. In such situation, Government should develop certain hard and fast indicators about the eligibility of CDOs. The CDO should equip with adequate technology and machinery. The CDO is a principle coordinator, so the CDOs role might be deployed in performance based contract. Further, it should be also incorporated with all local level authorities e.g. police, in-charges of police, arm police etc. The all In-charge level officers are kept under direct supervision and control of CDO for effective governance and optimized service delivery as per need of New Nepal. The CDO’s report should be made mandatory for promotion, posting, transfer and other things by respective authorities.

Specially, the infrastructures, privileges and other facilities of CDOs are very poor. CDOs do not have even enough trainings or specific knowledge about public service delivery, security administration, crisis management, boarder administration, corruption control, conflict management, refugee handling, boarder security, disaster management, NGO monitoring etc, so they must be empowered as per their assigned role through National and international trainings and other essential opportunities. Specially, the Ministry should conduct some need based training packages and research for its cadres. Most of the CDOs still do not have enough knowledge about internet or intranet system, CDOs have very less knowledge on how to handle the diplomatic and other issues in local level such as behavior with UN agencies, ICRC, Embassies officials etc. Hence, they must be trained in needy subjects. The CDOs recommendation should also impose as mandatory by laws in development affairs, as the CDOs is only a sole representative of central authority in local level who has to maintain balance relation with diverse people and institution.

Police & Intelligence

The Nepal Police, Arm Police and Intelligence officials’ are the employees of State not a member staffs of particular political parties or politicians. Therefore, the transparent scientific performance indicators should be developed for accountability, posting, transfer, career development, promotion, demotion, reward and action. The transformation of traditional police & intelligence administration should be immediately restructured accordance with need of contemporary affairs of the Nation. The technological advancement is required to meet the emerging challenges for better security and service delivery arrangements. The digitalization and networking technological system should be adopted for service delivery and security management.

The most pathetic issues are crisis of financial resources, technical human resource, technology and physical facilities are serious part, so the necessary facilities and developmental advantages should be addressed by laws, at least accordance with SAARC standards. The Police, Intelligence, & Nepal Army should play coordinative role and synergetic effort in local level under the direct observation and coordination of CDOs.

In conclusion, the exiting situation of Home Ministry is very weak. The Home Ministry, Secretary, Regional Administration, CDOs, Polices, Immigration, Jail and Intelligences mechanisms are poor and in highly fragile condition. Currently, the country is suffering with lawlessness, and even our Government presence is in crisis in entire rural areas. Therefore, immediate empowerment of Home Affairs through restructure, reengineering, and betterment in legal, structural, financial, physical, personnel, academic, and development areas are most essential.

(Author is affiliated with Ministry of Home Affairs, Government of Nepal)

Conflict Sensitive Strategy in Nepal

By Krishna Hari Pushkar

Nepal is under dual quandaries of conflict. One hand, it is a post conflict country since the Maoist joined the peace process after a decade long hideous arm insurgency, and other hand it has an ongoing conflict in Madhes part of Nepal where more than two dozens of ethnic insurgents are under war against state. Madhes is homeland of more than 50% population of Nepal. In this regards, the issues of conflict sensitive strategy is essential with relevance to Nepalese development affairs. Therefore, we are in deep transitional phase, so the conventional approach and methods of development will no longer valid and industrious in fragile post conflict or ongoing insurgency situation.

The most terrible dilemma is that our Government has been adopting the identical development approaches and methods that were practiced in beginning of development administration in Nepal. However, the name of the development program, package and approach are changed in various periods as per needy political version, though its practices are still remained in the same chassis.

“The development is not only affected by conflict, but development is often has an effect on conflict.” It has found that development is a basic cause for conflict and development is also a major treatment for minimization of conflict and its impacts. Hence, it is also a relevance avowal in Nepalese case. In Nepal, the Governmental as well as nongovernmental agencies are using their heavy efforts to recover and restructure the damages and losses of the developments by exercising various strategic plans and programs. We see plenty of ongoing development programs, and plans are under way, huge sectoral investments in education, heath, infrastructure, rehabilitation, industry, tourism, welfare, humanitarian assistance, physical facilities, package development, awareness etc are combating with the post conflict situation in Nepal. However, the productivity is found comparatively low or worthless due to the various weakness and traditionalist conduct in planning, policy and implementation phases of the developments. Further, it has seen in many cases that governmental authorities are failed even to use the full budget efficiently and effectively, in average less than 50% developmental budgets get fridge in majorities development sectors. Some of them are being greater sources of conflict too. Therefore, the CSS will be the most productive remedy to minimize possible unwanted outcomes and to optimize the expected productivity in pre to post conflict situation of any region or country. The conflict sensitive strategy is one of the most compulsory and efficient strategy for development and overall affairs for any conflict affected nations and zones. In Nepal, the approach was widely adopted in 2005 by DFID who had carried a study named as “Strategic Conflict Assessment of Nepal (a conflict analysis)”. This study helped DFID to understand detail paradox of Nepalese conflict. It enlightened that how CSS can helps an organization to perform better in conflict affected period and its zones. Further, the study helped to realize the possible ways and tips to achieve high output as per target and reduce tensions while working in conflict affected regions.

The conflict sensitive means to know about the situations where the organization works, matrix interaction among the organizational goals, activities and its context. It helps to avoid negative impacts and maximize positive ones. The conflict sensitivity strategy may be a skilled approach which may apply throughout planning, programming, implementation, monitoring and evaluation phases. In general, it may be used in pre to post activities works of respective development or administrative areas. However, the conflict analysis (CA) is a prerequisite of conflict sensitive strategy because the conflict analysis is the systematic study of the profile, causes, actors, and dynamics of conflict, which provide maxim answers of all possible “wh” questions about respective conflict. Therefore, the benefits of conflict sensitivity approaches are to help organization to achieve goal in strategic ways, it avoids the unwanted paradox of conflict, cost effective & target oriented. Further, the strategy also helps organization to protect and prevent from possible future conflict. In addition, the strategy helps Government and organization to achieve integrated productivity in systematic ways.

In Nepal, there are several projects and programs which often become kibosh or interrupt due to absence of conflict sensitivity strategy. Specially, in Nepalese case, we have thousands of central, regional and local level programs which has either totally failed or deflected from the expected bottom-line. Hence, the Government must have to introduce an official policy of conflict sensitive strategy for all developmental and administrative works in all possible relevant sectors. In observation, it has been seen that there are very limited or negligible coordination with conflict or related issues and its analysis while forming development plans i.e. infrastructure development, security management, health, education, water supply, irrigation, disaster management, water, energy, tourism, employment, industrialization, local governance, etc. Therefore, Nepal Government should immediately impose a rule or effective directives to adopt the conflict sensitive strategy into practice in entire development or possible administrative sectors of Nepal. Otherwise, the efforts and actions concerning the rehabilitation, reconstruction, restructuring, and development in post conflict situation or in conflict affected areas will prove not much different than a Nepali proverb as “putting the water into sand”, if the CSS will not take into consideration positively.

(Author is affiliated with Ministry of Home Affairs, Government of Nepal, khpushkar@gmail.com)

Conflict Sensitive Strategy in Nepal

By Krishna Hari Pushkar

Nepal is under dual quandaries of conflict. One hand, it is a post conflict country since the Maoist joined the peace process after a decade long hideous arm insurgency, and other hand it has an ongoing conflict in Madhes part of Nepal where more than two dozens of ethnic insurgents are under war against state. Madhes is homeland of more than 50% population of Nepal. In this regards, the issues of conflict sensitive strategy is essential with relevance to Nepalese development affairs. Therefore, we are in deep transitional phase, so the conventional approach and methods of development will no longer valid and industrious in fragile post conflict or ongoing insurgency situation.

The most terrible dilemma is that our Government has been adopting the identical development approaches and methods that were practiced in beginning of development administration in Nepal. However, the name of the development progam, package and approach are changed in various periods as per needy political version, though its practices are still remained in the same chassis.

“The development is not only affected by conflict, but development is often has an effect on conflict.” It has found that development is a basic cause for conflict and development is also a major treatment for minimization of conflict and its impacts. Hence, it is also a relevance avowal in Nepalese case. In Nepal, the Governmental as well as nongovernmental agencies are using their heavy efforts to recover and restructure the damages and losses of the developments by exercising various strategic plans and programs. We see plenty of ongoing development programs, and plans are under way, huge sectorial investments in education, heath, infrastructure, rehabilitation, industry, tourism, welfare, humanitarian assistances, physical facilities, package development, awareness etc are combating with the post conflict situation in Nepal. However, the productivity is found comparatively low or worthless due to the various weakness and traditionalist conduct in planning, policy and implementation phases of the developments. Further, it has seen in many cases that governmental authorities are failed even to use the full budget efficiently and effectively, in average less than 50% developmental budgets get fridge in majorities development sectors. Some of them are being greater sources of conflict too. Therefore, the CSS will be the most productive remedy to minimize possible unwanted outcomes and to optimize the expected productivity in pre to post conflict situation of any region or country. The conflict sensitive strategy is one of the most compulsory and efficient strategy for development and overall affairs for any conflict affected nations and zones. In Nepal, the approach was widely adopted in 2005 by DFID who had carried a study named as “Strategic Conflict Assessment of Nepal (a conflict analysis)”. This study helped DFID to understand detail paradox of Nepalese conflict. It enlightened that how CSS can helps an organization to perform better in conflict affected period and its zones. Further, the study helped to realize the possible ways and tips to achieve high output as per target and reduce tensions while working in conflict affected regions.

The conflict sensitive means to know about the situations where the organization works, matrix interaction among the organizational goals, activities and its context. It helps to avoid negative impacts and maximize positive ones. The conflict sensitivity strategy may be a skilled approach which may apply throughout planning, programming, implementation, monitoring and evaluation phases. In general, it may be used in pre to post activities works of respective development or administrative areas. However, the conflict analysis (CA) is a prerequisite of conflict sensitive strategy because the conflict analysis is the systematic study of the profile, causes, actors, and dynamics of conflict, which provide maxim answers of all possible “wh” questions about respective conflict. Therefore, the benefits of conflict sensitivity approaches are to help organization to achieve goal in strategic ways, it avoids the unwanted paradox of conflict, cost effective & target oriented. Further, the strategy also helps organization to protect and prevent from possible future conflict. In addition, the strategy helps Government and organization to achieve integrated productivity in systematic ways.

In Nepal, there are several projects and programs which often become kibosh or interrupt due to absence of conflict sensitivity strategy. Specially, in Nepalese case, we have thousands of central, regional and local level programs which has either totally failed or deflected from the expected bottom-line. Hence, the Government must have to introduce an official policy of conflict sensitive strategy for all developmental and administrative works in all possible relevant sectors. In observation, it has been seen that there are very limited or negligible coordination with conflict or related issues and its analysis while forming development plans i.e. infrastructure development, security management, health, education, water supply, irrigation, disaster management, water, energy, tourism, employment, industrialization, local governances, etc. Therefore, Nepal Government should immediately impose a rule or effective directives to adopt the conflict sensitive strategy into practice in entire development or possible administrative sectors of Nepal. Otherwise, the efforts and actions concerning the rehabilitation, reconstruction, restructuring, and development in post conflict situation or in conflict affected areas will prove not much different than a Nepali proverb as “putting the water into sand”, if the CSS will not take into consideration positively.

(Author is affiliated with Ministry of Home Affairs, Government of Nepal, khpushkar@gmail.com)

Prejudice Nepalese Medias and Anti-Khas Madhesis

Krishna H. Pushkar

There are accusations against Nepalese Media that Khas dominated media and news agencies are still remained prejudiced towards the Madhes and Madhesis people. A justifiable incident has been observed during the sworn program of newly appointed Ministers of Prachanda’s cabinet on 23rd of August, 2008 at President House of Nepal. In that program most of the newly appointed Ministers of Madhesi Janadhikar Forum (MJF) were sworn into their mother tongue Maithili. However, the majorities propagandists Nepalese Media were frequently reported, the sworn were taken into Hindi by Madhesi ethnic Ministers. Perhaps they wanted to create similar terrible hoo-hahs that were occurred while Vice President Permanendra Jha took sworn into Hindi. However, this time people did not give important to the propaganda of prejudiced Media and news reports.

Now Madhesi people blame to the Khas media men that they have some auto- translatable Hindi version sensor control earphone in their brain which gets automatic active while they appear into any program related to Madhesis fellow. Hence, whatever the languages (Maithili, Bhojpuri or Awadhi) used by Madhesi fellows, the sensor control of reporter’s automatically use to perceive the used languages into Hindi only. Due to this technical problem, the reporters always report through their respective Media that the Madhesi leader only speak and promote Hindi. The prejudiced reporters spared propagandas that Madhesi want to make Nepal as a Sikkim or another state of India by promoting the Hindi language, clothing and Hindi performance in national ceremony. Actually, such claims are totally wrong and it is a consequence of mental disorder of Nepalese prejudiced reporters. Thus, the Nepalese propagandist Media always try to create disorder and battle between Khas and Madhesis people by manipulating such issues. Though, there are no any counter legal actions till now against such propagandists’ Media who spread Maithili version sworn into Hindi, and even more they are keeping continue all types of possible insulations, manipulation and dishonor relating to the issue of Madhes and Madhesis.

Moreover, I do not ignore that some of Madhesis fellows feel more prosperous, prestigious and superior when they present themselves into Hindi version behave and language. Though, it is totally injustice to push all Madhesi people as Hindi friendly. Personally, I am a Madhesi and my mother tongue is Maithili, so I prefer and feel convenient to speak Nepali when I have to speak other than Maithili, it is because Nepali is our national language and better means of communication in Madhes as well as other part of Nepal too. To be honest, nationalization and mainstreaming of Hindi gives bad connotation among Nepalese citizens due to neocolonial grand design of India. Anyway, Madhesis will not agree to lose their mother tongue and promote or accept Hindi as a means of common language of communication in Madhes region at any cost. Moreover, I am also not in favor that Hindi should be established and promoted as second language of Madhesis people. I have read some baseless political claims and manipulated Media reports that Hindi is major means of communication in Madhes and its people, who have other than Nepali mother tongues. It is totally wrong. I and other Madhesis would also prefer to see our own mother tongues such as Maithili, Bhojpuri, Tharu and Awadhi or Nepali etc as means of communication in Madhes. I think we do not have to find or substitute our mother tongues or national languages by Hindi neither we are forced to import it from India. We are better and comfortable enough with our own languages. In addition, there are facts, the Nepalese media use to translate the Maithili, Bhojpuri, Tharu & Awadhi etc as Hindi, so people gets angry and compelled to use some times unpopular language and behavior to oppose and keep separate identity from imposed Khas languages and its culture.

There are also problem in Madhesis part that they get suffered from some anti-Nepali language phobic neurosis. Even common Nepali, Madhesi as well as all other indigenous, tribal etc people love to listen or act the official works, statements, speeches, discussions, behaviors or communications things either in their own mother tongue or national language Nepali. However, some top brass Madhesi leaders use to do it in Hindi, I do know why? No one can understand such anxiety, that why do the Madhesi leaders frequently speak Nepali everywhere including in office, interviews, home, radio program and the place of formal- informal communication, routine life -elsewhere and why do they not like to speak or use their mother tongue or national language Nepali while they appear in formal national events or ceremony or places such as sworn, parliaments etc.

Now it is research question to know that why the Nepalese media use Hindi language card against the Madhes- and Madhesi people and why the Madhesi leaders also use same card against Nepali language or Khas people. Khas claims that Madhesis use Hindi just to please Indian authorities and Madhesis claim Hindi as common language of Madhes. Therefore, the issues are really complex. Hence, the Nepalese media and the Madhesis people have to rethink seriously on the language conflict of Nepal. Otherwise, the language violence will be continuing in forthcoming days, if the both parties do not correct themselves properly. Further, nation should also use proper effort to resolve the language chaos urgently.

(Mr. Pushkar is affiliated with Ministry of Home Affairs, Government of Nepal)

Madhes, CA Election & International Community

Madhes, CA Election & International Community

Cordial Invitation to participate in an online exclusive discussion:

Dear All, we have decided to put the topic “Madhes, CA Election International Community” as major discussion topic of this week therefore; it would be great if you could write your comments, views, observation and suggestions on the issues. Please be informed that all significant writings and conversational transactions will be submitted to the concerned all governmental, parliamentary, judiciary, constitutional and political authorities and superior political personality of Nepal as well it could be possible to use your writings for media reports and research analyse too. Therefore, complete email signature in your writing would be highly appreciable.

1. Is it possible to conduct CA Election in due time without resolving the crisis of Madhes before CA election?

2. Since Madhes is suffering with various Arm and Unarmed Insurgencies, in such ground, is it possible to resolve such huge crisis charismatically within rest few days of CA election? If yes, how and what would be best ideas to resolve the issue in charismatic way?

3. What would be the best role and possible contribution of International community (including India and UNMIN) to resolve the Madhes issues and build a harmonious environment for CA election?

4. What about the legitimacy and validity of CA election if the majorities of Madhesi political powers as well as insurgents group ignore and disturb the CA election, in case government try to impose CA election without solving Madhesi issue? Does it suffer with the similar status as local election (7% vote were casted only) conducted during direct Gyanendra regime?

5. Is there any best idea, ways and approach to solve the Madhesi issues through peaceful means and conduct in CA election in due time? Please give some descriptive and empirical recommendations.

Please follow, observe, contribute or participate in our exclusive online discussion: http://groups.yahoo.com/group/NepalOfficers/ or click me for direct access

Sincerely’

Krishna Hari Pushkar

Federalism & National Integrity in Nepal

Federalism & National Integrity in Nepal
Prakash Bom
Federalism generally implies federation comprising a member of partially self-governing states or regions united by a central "federal" government. However, in the government level the self-governing status of the component states or regions is constitutionally established and no unilateral decision of the central government can alter it. Primarily, state or regional governments must consist of a unit of partially self-governing local governments in which people have constitutional right to govern their own constituencies. It is the partially self-governing local level of governments that play vital role for the stability, prosperity and national integrity of a federal democratic nation.

It is said that Mahatma Gandhi had deeply regretted with the constitutional provision of federal republic Indian because it has excluded the primary structures of federalism that could have set the system for local people to govern their constituencies with their constitutional rights. It was forced by the ruling elites who could not trust people capable of governing their local constituencies. Therefore, Indian federalism gives all power to the state government and to the chief minister to run the whole state affairs. If Nepal without scrutiny adopts Indian model of federalism then Nepali people will be deprived of their constitutional rights for governing their own constituencies.

On the contrary, there is no such a federalism, which has states or regions with full self-governing or full autonomy status. If there is then what is the purpose of institutionalizing federal democratic republic? In that case, such a state if it is rebelling for independent then should become independent nation. Constitutionally, just as central or "federal" government cannot alter the partially self-governing or self-autonomy status of states or regions with even unilateral decision so as the states or regions cannot alter partially self-governing or self-autonomy status of the local units of governments. Constitutional compliance of the central and state or regional governments establishes the right to partial self-governance or self-autonomy of the state and local governments. Therefore, as long as federal democratic republic exists in the nation this constitutional provision cannot be amended.

A parliamentary federal democratic republic nation's federal government consists of the Parliament with both Houses. Therefore, federal Parliament can only make amendments of the constitution. The state and local governments have legislative assembly, which under the provisions of the constitution legislate policies and regulations for their state and local governments. But state and local governments do not have their separate constitution. They must comply with the federal democratic republic constitution of the nation.

For example, under the constitution of the United States if any undocumented human alien has been living in the country the police cannot issue ticket for his or her arrest unless he or she has allegedly committed crime. But under the federal immigration law undocumented are considered illegal immigrants. However, it is up to the state or local governments to implement federal regulation. Therefore, there are many states and local government like New York City, which have given protection to undocumented immigrants. Some mayors of New Jersey local governments have welcomed undocumented immigrants if they comply with the rule and regulations of the local government and pay the taxes. These are the examples of implementing the provisions of the partial self-governance or self-autonomy of state and local governments under the federal constitution.

Under the other provision of the federal democratic republic constitution states and local governments must have electoral institutional establishments for the right to self-governance or self-autonomy. A centrally or stately nominated legislative, executive and judiciary bodies are not legitimate to have right to self-governance. Therefore, members of state legislative, executive and judiciary must be elected from respective constituencies of the state. This means assembly members of the state must be elected. The executive head (governor) must be elected to form the state cabinet. State judges, attorneys, and law enforcement officers also must be elected from among the professionals of the state.

Similarly, local governments are illegitimate without the electoral institutional establishment. The assembly members must be elected; the local government head (mayor) must be elected to form the cabinet; local (district) judges, attorneys and law enforcement officers must be elected. Electoral representation is one the mandate of the constitutional right to self-governance. All feudal political tradition of nominations must be terminated. Therefore, through the electoral competition electorates of all constituencies must have constitutional right to choose their representatives who are capable to oversee bodies (legislative, executive & judiciary) of their governments.

It is very important to understand the rational of the federalism regarding its self-governance provision for units of the governments. Particularly, those political parties and organizations, which are resurrecting federalism with the demand for full self-governance or self-autonomy, must comply with the basic principles of federalism. Similarly, SPA leaderships must respect the fundamentals of federal democratic republic. By just declaring it does not mean it has the structures of governance. Political leaderships and their cadres must have to work hard to create such a new structures that is off of our socio-political mindset. It is therefore unfamiliar and intellectually overwhelming. But if any political leader or professional elite out of his or her own unwillingness calls federalism a wrong governance system for Nepal then it is irresponsible statement. We must not disrespect our own consensus for the federal democratic republic declaration.

We must therefore consider our nations' diverse geographical and diverse ethnicity. Federalism is a national necessity not only for the sake of diverse ethnicities but also for all electorates of Nepal to have their right to self-governance in their constituencies. This means annihilation of the easy and merry-go feudal politics that indulge nominating and appointing tradition of ruling elites. Also, gradual abolition of 'First Past the Post' electoral system is must for the electoral system of the federal democratic republic of Nepal. This is essential to adopt "Proportional Representation" electoral system for the inclusiveness of diverse ethnicity representations for the self-governance participations in all state and local governments.

The federal democratic republic constitution of Nepal thus must establish the rights and duties of its partially self-governing units of the governments. One of the basic 'self-governance' rights of the local governments is to conduct elections to form their bodies of the governments. Local governments under federalism are fully responsible for their local administration, law enforcement, justice, developments, infrastructure maintenance, school management, local tax and revenue regulations and so on. Except for policymaking, funding and overall state infrastructure development the state has no control over the local governments' right to self-governance.

Any state proposal that attempts to disrupt the national integrity must require the political consensus of all local governments in that state under the federal democratic republic constitution of Nepal. Therefore, the self-sustainable self-governing local governments' fundamental constitution right is to protect the national integrity if the state leaderships tried to betray the nation. In a nation like ours', which has diverse geography and ethnicity, it is mandatory to make local governments in the grass-root level self-sustainable with their constitutional right to self-governance. That's the structure in the future Nepal can guarantee and secure the national integrity of the nation.
Source:globalpolitician.com

Nepal and Desire for Ethnic Autonomy

Nepal and Desire for Ethnic Autonomy

- Bishnu Pathak, PhD *

Genesis

The history of human race records hundreds of struggles for emancipation against injustice, inequality, restriction, repression, absolutism and so on. In the ancient period, struggles were confined for the means of human survival, for instance food, housing, clothing and so forth. Along with these, as human beings became aware of their basic needs and considered them as basic rights, the forms of struggle changed one after another. The dissident politico-ideological domination in 20th century has now turned to identity-based, cultural, or ethnic conflicts and also as Western versus non-Western blocs in 21st century.

Nepal is not unaffected from such movements either. Its history has recorded dozens of ethnic revolts against the state and its rulers. If we look at the 250 years' history of modern Nepal, we find that ethnic conflict or liberation movement had taken place when Drabya Shah had become the king of Gorkha by defeating the then king Ghale Gurung in a race competition called Lig Lig. His immediate descendent Prithvi Narayan Shah introduced the campaign of "territorial integration" and expanded the boundaries of Nepal. Shifting the capital from Gorkha to Kathmandu , he started feudal rule and proclaimed Nepal as a Hindu state which is still in force.

As Prithvi Narayan Shah strongly believed in Hindu religion and culture, he took steps to impose the belief on the people [1]. He prescribed "one nation and one Hindu Varna system" for all. That may be the reason why he ordered to slash the tips of nose and ears of the people of Kirtipur, his arch opponents, that eventually weighed 18 dharnis [2] (Bhattachan:2000:140). Slavery and bonded labor were widely practiced during his reign, but his descendants banned the practices for bahuns and chhetris by promulgating an act in 1803 [3]. With that, only lower caste people were compelled to work as slaves and bonded laborers. Since then, t he structure of political opportunities in Nepal has been unduly favorable to bahuns and chhetris as against other castes and ethnic groups. When we look at the history of 250 years, we find that they were able to capture more than 80 percent of the seniormost positions in all political, executive, judiciary, legislative, and security dimensions. That has widened the gap between the rulers and the people and it still continues.

The Tamangs revolted twice against King Rana Bahadur Shah and King Girvan Bikram Shah in 1873 [4], but they could not succeed. Yakha Rai says that the region of Majh Kirant also revolted twice against the State in 1807 [5].

Through the bloodshed and violence of Kot Parwa and Bhadarkhal Parwa , Janga Bahadur Rana emerged in the history of Nepal and his brothers ruled the country for 104 years in succession. His younger brother Badri Narsingh, along with Prince Upendra Bikram Shah, had made the first ever secret plot against him but it was all in vain. Later, Janga Bahadur also exposed the plot made by the soldiers of Gurung Regiment for his assassination in May/June 1857 and got the conspirator slashed into pieces by a Gurung soldier at Tundikhel [6]. This action made the Gurung community to revolt against him.

Jamadar Sripati Gurung of Lamjung, a leader among the Gurungs, revolted against Janga Bahadur in 1857 during a military parade at Tundikhel. Later he was killed. Shuk Dev Gurung proclaimed himself a Baudha King against Ranaism. He was sentenced to life imprisonment. He died in 1876 in prison because of inhumane torture. After his arrest, another Gurung led the insurgency against the then Rana ruler proclaiming himself as the Baudha King of Gorkha and Lamjung, but he was later arrested and could not succeed. Thus, successive Gurung revolts were suppressed by force.

Lakhan Thapa, an ex-soldier and the follower of Saint Gyani Dildas of Joshmani faith, opposed discrimination and intolerance of Janga Bahadur under the shield of Manakamana Mai in 1876. Both Thapa and Dildas were taken into custody and their weapons were seized. Lakhan Thapa, Aj Singh, Achhami Magar and seven others were hanged to death, whereas Kanu Lamsal was excused from capital punishment because he was a bahun. Six months later, Gyani Dildas was released from the jail and sent to Darjeeling [7].

Kancha Lama, a Tibetan Guru who visited Kathmandu to pay homage to Swayambhu, initiated Dhamma Sabha. Seeing increasing participation of Bhikshus and people at the Sabha, many of them were taken into custody and forcibly exiled in 1925. Thus, Ranas suppressed the movement of Buddhism as well.

The lower caste in Hindu Varna system called untouchables such as kamis (iron and gold smiths), damais (tailors), and sarkis (shoe-makers) also raised their voices, but soon they were arrested and tortured inhumanely. Protesting against such moves, Ranu Damai from Darjeeling dispatched a letter to Chandra Shamsher pleading how kamis, damais, and sarkis had been living in a miserable situation in the land which was no better than the territory without a king [8].

Besides, the issue of linguistic equality was raised even during the Rana period. When Shiri Thebe Limbu tried to teach Limbu script, he was exiled to Sikkim [9]. The Madhesi (tarai dwellers) people demanded that Hindi be given the status of a national language. K.I Singh's ministry passed a resolution, but could not implement it [10]. Similarly, Madhesi Liberation Front also launched an armed revolution against Panchayati system at Taulihawa in June 1963 [11].

There is no record to show who was the first person to advocate for ethnic and regional autonomy in Nepal. But Janak Lal Sharma writes that Khagendra Jung Gurung, an ex-minister, was the first ever man in Nepal for the cause of ethnic and regional autonomy. As a result, he was kept in jail for 7 years during the Panchayat era. He was once again taken into custody even after the restoration of democracy in 1990.

In order to promote and strengthen their communities and languages, some ethnic organizations were set up during the partyless Panchayat system but they could not function effectively. These were: Tharu Kalyan Kari Sabha in 1950; Nepal Buddha Dharma Sangh in 1953 which later changed into Nepal Tamang Committee; Nepal Manka Khala in 1979; Nepal Magar Langhali Sangh in 1982; Sarbajatiya Mancha in 1982; Utpidit Jatiya Sangh in 1987 and Se-Ta-Ma-Gu-Ra-Li (Sherpa, Tamang, Magar, Gurung, Rai and Limbu). Despite their different interests and objectives, some of their demands were similar with the present Maoists' demands such as the right to self-determination, autonomy and secular state. However, such issues did not come up in a public debate as only one language Nepali was recognized as the official language in the Hindu state. Besides, the repressive policy of the state was always there.

After the restoration of democracy, dozens of ethnic groups, organizations, languages, and religious practices have come into public lime light as the Constitution has guaranteed equality in all quarters. The constitution has envisaged for uplifting the living standards of all the disadvantaged ethnic groups and vulnerable communities belonging to any ethnicity, color, and belief, disallowing all kinds of existing economic, social, political, and cultural discrimination and inequalities. His Majesty's Government has also constituted a National Ethnic Development Committee (NEDC) in 1997 to formulate policies and programs necessary for the socioeconomic uplift of the janajatis.

As a result, a considerable number of ethnic organizations and liberation fronts have come up in the last 17 years to pressure both the government and civil society for the cause of autonomy, secularism, self-determination, and federal structure of government. But, the rights to self-determination and ethnic and regional autonomy have been made most controversial as all the mainstream political forces, particularly Nepali Congress (NC) except CPN (Maoist) are against such liberty for the fear of secession.

Ethnic Policy of CPN (Maoist)

In the process of winning confidence, the pro-communist forces established Nepal Federation of Nationalities (NEFEN) – the umbrella institute of ethnic communities under the founder convener Suresh Ale Magar. Due to different communist ideologies and some tactical differences on the methods of their emancipation, the revolutionary communist wing formed a separate organization called Akhil Nepal Janjati Sangh (All Nepal Nationalities Association) in November 1994 under the convenorship of the same Suresh Ale Magar. As the sizes of the ethnic communities engaged in the People's War got enlarged, the central committee meeting of the CPN (Maoist) decided to put forward the issue of ethnic autonomy along the party's policy of 'Develop Guerrilla Warfare in a Planned Manner' with the advancement of the Second Plan. Later, the politburo meeting of the CPN (Maoist) was held in December 1996 ( Poush 2053 BS) and decided to raise the issues of regional and ethnic autonomy as major issues in their forthcoming movement. Though they are not secessionists, the Maoists have used this assurance to bring together ethnic activists to their ranks. As a result, great numbers of ethnic people are involved in the People's War and the demand of autonomy has become the heart and soul of the Maoists.

After the fusion of some communist revolutionaries of Nepal on November 23, 1990, the First National Unity Convention (FNUC) of Unity Center (UC) was held in November 1991. To extend and heighten the New Democratic People's Revolution, the party put forward class, cultural, religious, linguistic and regional issues as a matter of right to attract greater number of poor, disadvantaged, marginalized, and vulnerable (PDMV) communities. The UC adopted the following policy and program:

• A secular state would be established by ending the dominance of one particular religion. Religious and linguistic freedom would be guaranteed to all.
• Instead of establishing one particular language as the national language or the main language, linguistic and ethnic equality would be practiced. The language which is found suitable for the majority of the people would be used as the main language for the purposes of new democratic system. But the policy of promoting it would be discouraged [12].

When UC split into two, the revolutionary line of CPN (Maoist) adopted it as their own party policy, but the party did not have a clear-cut policy on ethnic issues. Later, the party refined its policy on such issues, including the rights of all ethnic communities. The Maoist leader, pseudonymph Comrade Sangham, presented the proposal on Ethnic Policy in Nepal at the First National Conference held in Kathmandu in July 1995. The conference passed the following policies on ethnic matters of interest:

• Free education in all languages. Media, communiqué, government notices and documents should be available/printed in all languages.
• Special privilege given to Hindu religion should end. Religion should be separated from the state and secular nation should be declared. Equal freedom should be provided to all religions.
• Special privilege should be provided to the Dalit community in sectors like education, administration, health, and development works.
• Ethnic Academy should be established for the preservation and uplift of the language and culture of ethnic communities.
• Special privilege given to Hindu religion at present in terms of religious festivals and government holidays should end. Instead, equal freedom should be provided to all religions to celebrate their social customs and festivals.
• Equal opportunity for all the languages should be provided for their uplift and preservation against the present system when there is special support for the Khas language. Likewise, no particular language should be made compulsory. In government works and education sector, the choice of language should be left to the will of the respective ethnic community.
• Special focus should be given to the communities like Chepang (which are in the verge of extinction) and backward communities like Raute, Raji, Majhi, Darai and Kumbhal. Various programs should be run for their uplift.
• Discrimination towards the tarai people should be ended. Special efforts should be made for their wider participation in political, administrative and economic sectors without any prejudice. Likewise, socioeconomic programs should be run in the backward sectors of tarai [13].

The 40-point demands put forward to the His Majesty's Government (earlier government) by the United People's Front (UPF) on February 2, 1996 are believed to constitute the core content of the People's War in Nepal , which is divided into three parts such as nationality, democracy, and people's livelihood. In the demands concerning people's democracy, the UPF has given special attention to non-discrimination and the right to self-determination of ethnic communities as follows:

· Declare Nepal as a secular state (Demand No. 18);

· Install self-government for ethnic communities and stop racial discrimination (Demand No. 20);

· Ensure equal opportunity to all dialects and design courses up to higher education in them (Demand No. 22); and

· Abolish regional discrimination and establish autonomy (Demand No. 25).

Talks I, between the government and the Maoists were held at Thakurdwar, Bardia from August 30 to November 9, 2001. Right to self determination; national/regional autonomy and secular state Nepalwere forwarded to address the ethnic, regional and caste contradictions, the negotiation team of CPN (Maoist) put forward the following demands on September 13, 2001 :

Talks II, the CPN (Maoist) slightly modified these demands in the first round of talks which was held at Shankar Hotel, Kathmandu on April 4, 2003 as follows: right to self-determination, ethnic and regional autonomy, and secular nation. The goals and objectives of the CPN (Maoist) were:

• To address the regional, ethnic, caste, gender, and classical contradictions through progressive and radical, political, social, and economic changes. And also to develop a democratic and prosperous Nepal by seeking solutions to the problems associated with nationality, people's democracy, and livelihood.
• To create a strong and pro-people national unity by developing democracy and nationality as inseparable parts and accordingly to protect national integrity and sovereignty.

In view of the main political agendas and the process to formulate a new constitution through an election for a constituent assembly, the Talks II proposal read: "The interim government should conduct an election to a Constituent Assembly (CA) within six months. The CA will be inclusive of different groups, castes, regions, and communities". The proposal stressed upon equal representation from all groups and communities in both the parliament and government bodies. It stated:

• As the supreme representative of the people, an elected people's house of representatives will be formed which will include representatives from all sectors and groups, such as women, dalits, janajatis, ethnic minorities, linguistic groups, different religions, regions, etc…. Accordingly, there will be representation of different groups in the government as well;
• Regional and ethnic self-governance should be implemented to give people the right to self-determination; and
• The country should be made a fully secular state.

Utilizing the four-month long truce in 2001 as an opportunity, the CPN (Maoist) formally set up its central level people's government called as United Revolutionary People's Council (URPC) and named its military force as the People's Liberation Army (PLA). Dr. Baburam Bhattarai was appointed as the Coordinator of the 37-member URPC which is a combined product of the Party, PLA, and the fronts representing various regions, nationalities and ethnic groups. In order to guide the armed struggle and to complete the New Democratic Revolution, the CPN (Maoist) had put forward the following 75-point minimum policy and program framed by the URPC. The policies and programs concerned with the ethnic and regional aspirations included in it were as follows:

• There shall be no discrimination against anybody on the basis of race, ethnicity, religion, language, gender etc. and the state shall guarantee equal treatment and opportunities to all. Equal wages for equal work shall be guaranteed to all.
• The state shall be delinked from religion and it shall be fully secular. Religion shall be regarded as a personal matter of an individual and there shall be no favor for or discrimination against any religion. However, cheating, fraud, corruption, exploitation, oppression, subversive activities etc., on the pretext of religion, shall be curbed.
• The state shall guarantee equal treatment to all nationalities of the country and their languages. All the nationalities traditionally oppressed by the ruling Aryan- Khas people shall exercise the right to self-determination and their problems shall be resolved within the framework of national autonomy program in the People's New Democratic system according to which all forms of exploitation of the oppressed nationalities shall be ended and they shall exercise their own autonomous rule in the land they inhabit. If a nationality is distributed in more than one area, there shall be more than one autonomous area for it. The House of People's Representatives and People's Committees/Governments elected by them shall be the means of their state power. Except for the People's Army, foreign relations, finance, currency, measurements, communication, international trade, large basic industries, and large hydel projects, all other sectors shall fall under the jurisdiction of the autonomy which will be exercised within the framework of the approved rules and laws.
• In case of the areas with mixed nationalities, or if there are other nationalities in the autonomous area of a particular nationality, there shall be representation of all for the local state powers on proportional basis.
• All the oppressed nationalities shall have the right to join the People's Army and they may also form the People's Militia as a security force at the local level under the central command.
• All the oppressed nationalities shall enjoy the freedom to promote their languages and to preserve or reform their traditional values and systems. The People's Central Government shall assist the people of oppressed nationalities in their political, economic, cultural, and educational development.
• In the high Himalayan regions such as Karnali region and Seti-Mahakali region‚ which have been regionally oppressed because of unequal economic development‚ there shall be regional autonomy. The nature of regional autonomy shall be basically the same as the autonomy to be enjoyed by the nationalities.
• The issue of tarai‚ which is inhabited by the people of various linguistic groups, concerns with both: exploitation of the nationalities as well as the region. However, since it is primarily an issue of the exploitation of nationalities, there shall be separate autonomous regions for the nationalities speaking different languages ( e.g., Maithili, Bhojpuri, Awadhi etc.) and all the oppression and unequal treatment meted out to tarai dwellers in general and Madheshi people in particular shall be ended. The prolonged issue of citizenship to the Madheshi people shall be resolved in a scientific, just and democratic manner.

The Central Government of the CPN (Maoist) previously called UPRC that had formed nine autonomous republics [14] is now restructured into 11 federal state committees and 3 federal sub-state committees.

1. Limbuwan State Committee: Taplejung, Panchthar, Ilam, Terhathum, and Dhankuta districts.

2. Kochila State Committee: Jhapa, Morang and Sunsari districts.

3. Kirant State Committee: Solukhumbu, Okhaldhunga, Udayapur, Khotang, Bhojpur and Sankhuwasabha districts.

4. Newa State Committee: Kathmandu, Lalitpur and Bhaktapur districts.

5. Tamang-Saling State Committee: Chitwan, Makawanpur, Sindhuli, Ramechhap, Dolakha, Sindhupalchowk, Kavre, Rasuwa, Nuwakot and Dhading districts.

6. Tamuwan State Committee: Parbat and all districts of Gandaki zone – Gorkha, Lamjung, Tanahu, Syanjya, Kaski and Manang.

7. Magarat State Committee: Rukum, Rolpa, Salyan, Pyuthan, Arghakhanchi, Gulmi, Palpa, Baglung, Myagdi and Mustang districts.

8. Bheri-Karnali State Committee: Humla, Jumla, Mugu, Kalikot, Dolpa, Jajarkot, Dailekh and Surkhet districts.

9. Tharuwan State Committee: Dang, Banke, Bardia, Kailali and Kandhanpur districts.

10. Seti-Mahakali State Committee: Darchula, Baitadi, Dadeldhura, Bajhang, Bajura, Achham and Doti districts.

11. Madhes State Committee : Saptari, Siraha, Dhanusha, Mahottari and Sarlahi districts as Mithila sub-state committee; Rautahat, Bara and Parsa districts as Bhojpura sub-state committee; and Nawalparasi, Rupandehi and Kapilbastu districts as Awadh sub-state committee [15].

The 10-year People's War made aware to PDMV on inclusion, proportionate representation and autonomy across the horizontal and vertical of Nepal. As the CPN (Maoist) deviated a little bit on such crucial issues on the course to assign in understandings, agreements and peace accord, they received profound pressure from their cadres at their extended plenary meetings, ethnic organizations, madhesis and dalits fronts. As a result, the Maoist leadership put forward the 22-point demands including proportionate election system (PES) before going for CA election scheduled for November 22, 2007 ignoring the constitutional provision of 50% first-past-the-post (FPTP) and 50% party-list proportional representation. The Maoists and the UML including a few others finally passed a resolution of PES for the CA by simple majority from the Interim Parliament (IP) calling a special session. The NC voted against the motion.

The Interim Constitution (IC) could not be changed due to the amendment provision of two-thirds majority. The much-awaited protracted negotiations of the 7-party alliance agreed to amend the IC declaring Nepal a Federal Democratic Republic (but first meeting of the CA shall implement the republic) signing 23-understanding on the night of Sunday, December 23, 2007. The political stalemate has finally ended following Maoist withdrawal from the government on September 18, 2007, even though; the resignations were yet to be accepted. On the principal Maoist demand of PES, the high-level meeting of 7-party alliance agreed to hold CA election by mid-April increasing the number of CA members up to 601 (in 2.5 million population): 335 to be elected under PES, 240 through FPTP and 26 cabinet nominees. It has mixed systems – FPTP and PES, to cover 42% and 58% respectively. The Maoists are able to increase the participation of ethnicities, madhesis, dalits and women in CA, but failed to incorporate the voices of PDMV in fully proportionate election system. The Civic Conference, which was organized under the leadership of Padma Ratna Tuladhar, did not succeed as much as it was expected. The Maoist leadership has been receiving heavy pressure from janajatis, dalits and madhesis not to leave their stand on PES. The caste/ethnic, regional and linguistic issues are recognized as issues of struggle of emancipation versus limitation of rights along with autonomy. Indeed, the Maoists led as the progressive force, whereas the NC appeared as the conformist force. It was the CPN (UML) between them that played the pivotal role to minimize the differences of both conflicting parties.

However, there has been a concern that the aspiration for autonomy and right to self-determination encourage ethnic movements for secession that may result in increased anxiety for the disintegration of the cultural/territorial/religious/linguistic unity of Nepal.

Endnotes:

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* Dr. Pathak has extracted this update from globally circulated book Politics of People's War and Human Rights in Nepal. This update is prepared on the support of Chitra Niraula, Ganga Puri, Joseph Bergson, Rushma Shakya and Rita Chaudhary.

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[1] Mulyankan. 2048. Year 10. No. 1. Kathmandu: Mulyankan Prakashan Griha P. Ltd.
[2]About 42 kg.

[3] Tamang, Sitaram. 2000. Marxism and Nationalities' Movement in Nepal . Kathmandu: Pragati Pustak Sadan.
[4] Neupane, Govinda. 2000. Nepalko Jatiya Prashna (Ethnic Question of Nepal ). Kathmandu: Center for Development.
[5] Adhikari, Neelam Shekhar. 2000. Ethnic Movement in Nepal. Kathmandu: Sri Kripashur Sherpa.
[6] Human Rights Year Book 1993. 1993. Kathmandu: INSEC
[7] Human Rights Year Book 1994. 1994. Kathmandu: INSEC.
[8] Human Rights Year Book: 1994
[9] Nepal Janajati Federation:2054
[10] Human Rights Year Book 1994
[11] Devkota, Grishma Bahadur. 2036. Nepalko Rajnitik Darpan. Kathmandu : Umesh Bahadur Devkota.
[12] Sharma, Sudheer. March 2000. " Helicopter Biruddha Maobadi (Maoists are against Helicopter)." in Himal. Year 9, No. 22. Kathmandu : Himalmedia P. Ltd.
[13] Sharma:2000.
[14] The Central Government of CPN (Maoist) formed nine autonomous republics during the People's War on the basis of ethnicity, geo-political and linguistic dimensions. Five of those are based on ethnicity, three are on based on regional location and one is linguistic: 5-ethnic: Kirat Autonomous Region (the mountain and hill areas of the present Mechi, Koshi, and Sagarmatha zones); Tamang-Saling Autonomous Region (the mountain and hill areas of present Bagmati, Narayani, and Janakpur zones except Kathmandu Valley); Tamuwan Autonomous Region (Gandak region); Magarat Autonomous Region (from Kali Gandaki region to the hill areas of present Dhaulagiri, Rapti, and Lumbini zones); and Tharuwan Autonomous Region (western terai areas from present Rapti to Mahakali zones); 3-regional: Bheri-Karnali Autonomous Region (the hill areas of present Bheri and Karnali region); Seti-Mahakali Autonomous Region (the hill areas of present Seti and Mahakali zone); and Madhesh Autonomous Region (Awadh area of mid- tarai and Bhojpur and Mithila Pradesh of eastern tarai); and 1-linguistic - Newa Autonomous Region in Kathmandu Valley. For details see Situation Update 26: February 22, 2007 .
[15] Situation Update: September 47, 2007