EU and Nepal Peace Process

An inclusive peace process in Nepal and the role of the EU

Executive Summary

In supporting sustainable peace and enhancing long-term and coherent peace-building, Crisis Management Initiative advocates for conflict sensitive policy and decision-making procedures. In the field of peacebuilding, conflict sensitivity can be understood as a tool to be used to ensure and to promote the quality of national peace processes. This work is an on-going, self-reflective process and includes:

• advocating for the importance of conflict sensitivity of all actors, including international, national and local, when working in conditions of unsustainable peace. This is pivotal in order to understand that every action has an impact on the local context and that preserving national peace should always be the first priority of every action.
• facilitating the co-operation and communication between different stakeholders working in conflict-prone and conflict-affected situations. It is crucial to have common policies and practices in order to minimise the negative and maximise the positive impacts of each action.
• enhancing the inclusion of local civil society and excluded groups in recruiting and choosing local partners in order to not to create local tensions. developing a conflict analysis tool to ensure the conflict sensitivity of CMI’s own projects in their planning, implementation and evaluation.

Against this background and to promote a strategic and synergistic approach to peace-building in Nepal, a research on the inclusiveness of the peace process in Nepal was carried out. The project was conducted at two levels. First the issue of inclusion was discussed separately at policy and
grassroots levels in Brussels and in Nepal. On the basis of the initial findings, a roundtable discussion was organized to bring together a group of Nepalese organisations to discuss the results. In the second phase, the series of consultation was enlargened and a dialogue between the donors and Nepalese organizations was facilitated. Both donors and local organizations were encouraged to identify concrete proposals to improve the donors'awareness on the issue of marginalisation in Nepal. The key findings of this consultation process form the basis for this report.

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Governance with government

By Dr Ramesh Khatry

If at times you've wondered whether the Nepal government exists, you are not alone. The government seems to function a bit within the Kathmandu valley. Outside, you need a lamp during the day to look for it. I mention a few instances.

Noisy firecrackers: Before Dashain and Tihar each year, radios and TV stations echo the appeal of the Home Ministry (HM), "No firecrackers!" People have lost their eyes and houses have burnt to cinders after a few exciting seconds with these deadly toys. So, officials at the HM are on the right track. In western countries, when the government makes such an announcement, the police are busy the next day enforcing it. This means a hefty fine to the offenders. Here, you  find police personnel, like the rest, not arresting sellers and revellers but themselves enjoying fireworks: "bombs" blasting the ears of unsuspecting pedestrians but delighting giggling urchins who have laid the ambush, "rockets" soaring into the air and disintegrating with a bang, "fountains" spewing out fiery sparks into the pitch-dark nights. Both the HM and the police in our country think that making announcements and painting hoarding boards with warnings will turn unruly citizens into law-abiding ones. The only thing that works is on-the-spot pinching fines. Danish folks have to pay 500 croners, a huge amount, for just crossing the street at the wrong light. Fines will work in our country too, provided the police don't succumb to culprits greasing their palms.

Highway blockade: While travelling east to Bhorleni, I congratulated myself on having chosen a motorcycle. Beyond Lahan, buses, cars, and tempos stood idle in two places. In both, I learnt that unfortunate drivers had run over pedestrians; and thus innocent passengers trying to reach home for Dashain had to wait until the victim's relatives got their "pound of flesh." These didn't stop motorcycles, and cautiously I inched forward. However, circumstances changed a week later when I was heading for Ilam. A few kilometres beyond Charaali, youth with sticks waved me to a halt. They told me that a factory-worker had lost his arm; and I had to help their cause by returning the way I came. I replied that I had a noon-day conference in Ilam, and had to move on. "Is your meeting more important than our colleague's arm? Stay still or else!" A few moments later, quarrels among the stick-wielders moved the hooligans towards a milk-van about 100 metres away. I hastily started my bike and raced for Ilam. The agitation had begun the day before. The police were conspicuous by their absence.

November 12 in Adamghat was another story. I arrived at about 9:30 AM to kilometres of standing buses and cars. Only when I proceeded further up did I realize that motorcycles too were suffering the same fate. A dead body covered with a white cloth lay on the road, and a contingent of policeman stood helplessly nearby. Even two wheelers couldn't pass. Again, ruffians with sticks functioned as the government from ten the night before. Scores of foreign tourists headed for Pokhara or Chitwan had an overnight/early morning experience not available in their countries.

The government regularly "jokes" that anyone blocking the highway will receive severe punishment. In Adamghat, the police representing it should have cleared the corpse from the road, ensured the flow of traffic, and mediated talks between the driver's party and the victim's relatives. Sadly, the police just added to the number of spectators. For the first time, I felt the present home minister should resign, and another who can enforce government rules take his place. Returning to Kathmandu, I used the time-consuming Tribhuvan Rajpath to avoid another Adamghat.   

Passengers on top of buses: Each time people die because an over-crowded bus collapses or loses control to plunge into the river, government officials shed crocodile tears. However, the next day as usual you will see people perched on the top of buses with luggage, goats, and firewood. When the roof-top riders have been youths, I have watched them dance, enjoyed them making faces at me, and heard them scream that my motorbike's wheels are spinning.

Drivers empty these roof-top riders into their gundruk-packed vehicles when the police check-post approaches. Honest, motorcycle-riding policemen patrolling different sections of the highway could catch and punish such unscrupulous drivers.  However, some have bought immunity. In Kathmandu, micro-buses can stop where they like because bribed policemen ignore them. Obviously, severely punishing such uniformed, two-legged demons and replacing them with honest cops could ensure that our government functions.

Bicycles without lights: Buses/trucks have run over riders whose bicycles didn't have lights, and the drivers/owners have paid thousands before the irate relatives allowed traffic to resume. In such accidents, the innocent driver is always at fault. The fact is that unlit bicycles at night become invisible if another vehicle with scorching head-lights approaches from the opposite direction. While driving my two-wheeler from Nepalgunj to Butwal one night and being blinded by approaching vehicles, I missed such cyclists by inches only because the brakes worked. Had I killed a rider on an unlit bicycle, the victim's relatives would have demanded thousands of rupees from me; and would probably have lynched me at my inability to pay! Panchayati rule of 30 years had one redeeming feature—policemen apprehended bicycles without lights, as I found out twice to my own youthful embarrassment. Loktantra has given our cyclists without lights the right to get killed and their families to claim "insurance".

Many such instances come to mind: Maoist goons being arrested but released once their supporters cause havoc, Kathmandu stinking with uncollected garbage, innumerable abductions and disappearances. For democracy to have effect, people need to experience governance with government.

Source: eKantipur.com

Jimmy Cater's Formula for Nepal

Nepal should opt for a 70/30 electoral formula and a post-CA election republic, says JIMMY CARTER. Past agreements must be implemented vigorously, he adds.

Key Points

# Carter condemns three Maoist commanders. Says they were an effervescent and carefree trio, but listened carefully.
# Koirala was much more forceful and outspoken than in Cater's several previous meetings
# It is obvious to Carter that the Indian ambassador was the most knowledgeable and influential of the diplomats
# Army Chief of Staff Katawal seemed still to be close to the king, but pledged Carter to accept direction from Koirala
# Carter collected his best impressions from his mission staff and the many consultations
# It was obvious to him that Nepali leaders were not close to resolving the key issues, and lacked any mediation influence
# Carter proposed a 70/30 electoral formula and a post-CA election republic (as well as implementation of past agreements)

The Carter Center www.cartercenter.org has had long-term observers in Nepal since last February, preparing for elections in June and then in November, both postponed. Since the election scheduled for November 22 was cancelled, I had kept these days open on my calendar. I was able to respond to requests by Prime Minister Koirala, Maoist leader Prachanda, and the leader of the Communist Party Madhav Kumar Nepal for me to return and explore possibilities for reconciliation among the disputing factions. After arriving in Kathmandu, I received an update report at the airport on the latest parliamentary maneuvers from UML Party leader M. K. Nepal, who was on the way to Iran for an international meeting. He professes to be a mediator between the Maoists and other leaders, a claim strongly rejected by the Prime Minister.

After being briefed by former ambassador Peter Burleigh and our team, we had supper with UNMIN www.unmin.org.np administrator Ian Martin. He gave a report on the result of the screening process to determine who among the Maoists in the cantonments were qualified to remain. This process should be completed by December 15, and we later heard from young Maoist leaders that about 21,000 of the original 31,000 were eligible to remain. (Martin's current figures, accommodating departures from the camps, were 6,000 ineligible of a total of 24,000.) Little has been done to improve conditions in the camps and only four months of the twelve promised payments of 3,000 rupees ($47)/month have been made.

I was also informed on arrival that I would be addressing the Nepali parliament on Friday and spent some time early Thursday preparing my remarks. During the morning we met with U.S. Ambassador Nancy Powell, Prime Minister Koirala, Indian Ambassador Mukherjee, British Ambassador Hall, and had a briefing from Carter Center long-term observers, who have continued to travel throughout the nation. Of the 13 employed for the election, only three could be retained because of budget restraints, but several have continued to work on their own time. They reported abominable conditions in the Terai region along the Indian border, with minimal police presence, rampant crime, and an absence of electricity, sanitation, and school teachers. Many local officials are abandoning their positions because of threats to their security. There are charges back and forth about whether the Nepalis or incoming Indians are primarily responsible for the criminal activities.

It was disappointing to me that our new ambassador Powell was maintaining the U.S. hard line and refusing to meet with the Maoists, but she was a gracious hostess for a Thanksgiving meal with other Americans at the embassy residence. We also met with the national election commissioners (who have done a superb job), representatives of the Madhesis who live in the Terai, indigenous nationalities, top Maoist leaders Prachanda and Bhattarai, and then three young deputy commanders of the Maoists' Peoples' Liberation Army, who call themselves Pasang, Baldev, and Ananta. I condemned them strongly for continuing acts of violence and intimidation, which are damaging the Maoists' reputation and political support. They were an effervescent and carefree trio, but listened carefully. (The fourth commander is in New York at the U.N.)

Prime Minister Koirala was much more forceful and outspoken than in my several previous meetings, and took a very firm position regarding the remaining two major issues regarding elections: the time of declaring a republic and the level of proportional representation as a result of the voting results. He had been surprised and angered by the recent unexpected majority vote in the parliament in favor of the Maoist position on both questions: early declaration of an end to the monarchy and 100 percent proportional representation, which is what all the marginalized groups prefer. He threatened to go ahead with an election on April 15, with or without an agreement with the Maoists (this threat was disavowed by all of his Nepali Congress associates).

It is obvious that the Indian ambassador is the most knowledgeable and influential of the diplomats, and he was very eloquent, surprisingly moderate, and helpful in sharing his opinions with us. He insisted strongly that the many terms of the Comprehensive Peace Agreement should be implemented along with plans for another election. I assured him I would promote both equally.

The election commission members made it plain that they will be ready, once again, to have a good electoral process, even as early as April 15.

The marginalized groups feel betrayed by the government, which has defaulted on almost all promises previously made to them, with much fanfare. "Proportional representation" seats must include 50 percent women, 31 percent Madhesi, 13 percent Dalits (untouchables), and 38 percent Janajatis (indigenous), with some representing more than one category (such as a Dalit woman). They know that a high percentage of proportional representation is best for their people, but admit that strict political party discipline and the ancient caste system with subservience to dominant Brahmins prevent their representatives in parliament from straying from the party line.

Army Chief of Staff Katawal seems still to be close to the king, but pledged to accept direction from Koirala (or his "proper" successor) and to keep the army out of politics. He chafes under his troops being still confined to barracks and has no intention of admitting Maoists into the army in any substantive numbers.

I collected my best impressions from our staff and the many consultations and made a speech to the parliament, followed by a half dozen questions. Subsequently, we arranged to have the key negotiators from the three major parties meet with me privately, and I explored all possibilities for compromise proposals. It was obvious that they were not close to resolving the key issues, and lacked any mediation influence.

I met again Friday night with the Maoist leaders, who seemed somewhat flexible. They had had a forceful session with the Young Communist League that day, and claimed that a positive announcement re improper YCL activities would be made the following evening. Saturday morning I approved a press statement and decided to write my own personal proposal on a possible resolution of the remaining unresolved issues. I shared it with the Prime Minister and the staff will deliver it to other key players.

Compromise proposal for Nepal

After having met with as many leaders as possible, it is obvious that serious obstacles remain to a successful resolution of the present debate that can lead to a Constituent Assembly and a national constitution. There is considerable distrust among the parties, with some believing that the Nepali Congress party is excessively interested in preserving its majority position and others doubting the willingness of the Maoists to go to elections.
Realizing that a final agreement will have to be made by consensus of the parliamentarians, I would like to make a proposal that might be modified through further discussions:

Monarchy to a republic

The interim parliament can declare with an overwhelming vote that a republic is created in Nepal, this change to be automatically effective, to be confirmed by a simple majority of the newly elected members of the Constituent Assembly as their first order of business when the Assembly convenes. This will be compatible with existing legalities and will be a strong incentive for all political parties to consummate a successful election and end the monarchy.

Electoral system

Subject to future changes under a new constitution that will shape a permanent government, the present stalemate can be ended by allotting 70 percent of the constituent assembly seats by proportional representation and 30 percent by "first past the post." In addition, eight seats can be allotted to each of the three major political parties and one each to the minor parties.

A time-limited round-table discussion on any final agreement should include representatives of the marginalized groups, since they will be deeply affected by the decision.

Previous agreements

It is crucial that previous agreements be implemented vigorously, since they are integrally related to the building of adequate trust and confidence necessary for future relations. These should include:
• Cantonment payments, living conditions, and discharge of minors and other unauthorized persons;
• Land return, aided by the establishment of a blue-ribbon land commission;
• Cessation of Maoist and YCL violence and intimidation;
• Status of disappeared people;
• Compensation of war victims;
• Implementation of agreements with Madhesis and Janajatis;
• Security sector reform and integration of the PLA;
• Increased support and supervision of police in the Terai and in other regions where law and order is threatened; and
• Keeping the public fully informed about progress on all these issues.

Before leaving Saturday, I met with Ian Martin, Ambassador Powell, and Prime Minister Koirala, gave them copies of my proposal, and had a press conference. I hope an agreement can be reached and another election scheduled for April, the last month of the Nepali calendar year.

Trip Report by Former U.S. President Jimmy Carter to Nepal, Nov. 20-24, 2007. Available online here.

Source: Nepal Monitor