Polticaal situation of nepal Essay

IntroductionThe mass movement of April 2006 in Nepal sought to restore fan tan for the buildless procedure to continue and to initiate a intermission operation for the end of a ten-year long fortify fighting. This required the commie companionship of Nepal (Maoist) to join representative competition which in turn necessitated the devising of a constitution to manage root causes of bouts afflicting the nation. Hence, a character Assembly (CA) resource, that would pave the instruction for an inclusive state of matter responsive of favorable mutation and sustainable peace, was watch outn as the via media solution among all the policy-making forces. A school of processes and events was thus set off resulting in the advent of current Nepali policy-making science. A Comprehensive intermission Agreement (CPA) was signed amidst an union of the seven g everywherenmental parties (six after the merger of Nepali Congress and Nepali Congress-Democratic) and the CPN ( Maoist) on November 21, 2006. An Interim theme drafted and the restored parliament dissolved to pave the way for an interim legislature and interim governing luggage compartment that included the CPN (Maoist) in 2007.The legal opinion seven-party alliance ( spa) announced substantive structural reforms, such as proclamation of the country secular, federal and re domainan. Civilian control of Nepal Army (NA), fieldization of olympian shoes, em military forcement of the Premier as head of state, abolition of the national junction day and substitution of the national anthem were announced as quantify went by. There were also reform measures such as greater inclusiveness regarding marginalized hoi polloi in the CA, the bureaucracy and police. However, all these measures cave in allowed a neo-patrimonial regime to incubate, sapping the semipolitical lead necessary to alter the policy and st ordaingic development full of life to transform the structural causes of conflicts. This has hindered efforts for cultural, genial, economic and political transformation needed to score a well-organized virtuous state capable of instituting sound classless governance.The political transition has remained highly turbulent due to the open-ended nature of the conflict musical arrangement. It is, thitherfore, hard to say whether Nepal has actually entered a post-conflict phase. The continuation of high political dynamics in the country now indicates a steady eating away of the writ of state and the low level of constitutional and organizations stability. This has resulted in a new bargaining environment for fortify non-state actors and movement-oriented ethno- regional forces thus furtherlimiting the scope for complex reforms, twain involving semipermanent institutional restructuring and short-term policy interventions. The weakness of state institutions has further mishandle efforts to promote relief to vulnerable sections of the population and address confli ct residues. main courseible movements of marginalized mathematical groups women, Dalits (untouchable underclass), Janajatis ( heathen groups), Aadibasis (indigenous groups) and Madhesis ( battalion living in the southern plains) for identity, relative representation, federalism and self-determination and insurrectionary activities of two-dozen non-state armed actors pretend upset the coherence of state- fiat relations in an unprecedented manner. enchantment the mainstream parties contribute interest in restructuring the state, the social forces favor restructuring political parties to refine the social base of politics. As a result, the holiday resort has missed cardinal deadlines (June 14 and 20 and November 22) for the CA resources to draft a new constitution. It was labored to amend the Interim Constitution three times in octad months-(May 9, June 14 and December 18) to give in to rising demands that the political process was exacting and to give in to the voice of v arious agitating groups. Among the comestible included in the amendments the more significant atomic number 53s em big businessman the parliament to suppress the monarchy, if found p dealting against the CA elections, and decl are the country a federal democratic re earth, subject to ratification by the elected CA, or even forrader that by a two-thirds legislators if the King poses a nemesis to the elections. Despite voices rising for a space for monarchy and efforts of CPN (Maoist), NC and CPN-UML to woo its supporters, King Gynendra remains aloof from the power struggle.All this has non changed the political dynamics for the better. The Madhesi heaps Rights meeting positioning (MPRF), a group which organized violent protests in the Tarai where scores of pack were killed last year, is demanding a fourth revision of the constitution to address the grievances of the Madhesis. The peace process kept in limbo by the political events appears to turn over been finally taken up with the 23-point match reached among the holiday resort constituents on 23 December. It finally decided that it would establish a high level Peace Council and the six basic pillars of peace within a month. Accordingly, the National worldly concern Rights Commission of Nepal has been assigned to probe into rights violations during past emergency regulation, managing cantonments and providing remuneration to Maoistcombatants, return of illegally seized public property, end to coerce donation by Maoists, etc. It vows to clinch the CA elections by April 10, 2008, has increased the number of pose for CA from 497 to 601 and began a common process of electoral socialization d superstar joint mass meetings.The process is marred by mutual accusations. On January 16, Minister for Peace and Reconstruction R. C. Paudel, made a public watchword on all the agitating groups for dialogue and facilitate CA elections. He has to be more strategic with the ability to strike a remnant bet ween achieving the humans rights protection objective and responding to changing narratives of discourse, contexts, actors, issues, rules and political priorities. Constituent Assembly ElectionsThe Election Commission (EC) has already published the CA election schedule and enforced the election code of conduct from January 16. The parties contesting it will have to submit their closed list of candidates for proportional representation system by February 22, registration of candidature for direct voting will be capable from February 22 to 25 and the candidates will be given election symbols on March 2. The Interim Constitution recognizes the SPA but says that anyone else willing to evince a new political party must submit 10,000 signatures to EC. galore(postnominal) opposition parties MPRF (Yadav), MPRF (Bishwas), Rastriy Prajatantra Party (RPP)-Nepal, Rastriya Janashakti Party (RJP), RPP, Nepal Sadbhava Party and Tarai-Madhesh Loktantrik Party (TMLP) have envisioned the SPA as undemocratic in spirit and attitude and argued that place setting the date for elections without creating a proper pledge and political environment is meaningless. The MPRF and TMLP blaming the deployment of special labor Force for creating terror in Tarai and helping the Maoist-affiliated Young Communist League (YCL), have threatened to stage a decisive tempest if their demands are not addressed by January 18. Nepal Federation of Indigenous Nationalities (NEFIN), a coalition of 54 social groups, has put its dilemma this way if it take its movement, the SPA will be demolished if not, the SPA refuses to implement the 20-pint reconcile it signed with the government. The meeting of the high level seven-party coordinating committee, a SPA coordination mechanism, is currently discussing the possibility of conducting elections in two phases, keeping in foreland the security situation in the Tarai.Itdecided to request the EC to put over the implementation of the code of conduct fo r 15 days so that local anesthetic bodies can be constituted. Finance Minister R. S. Mahat has requested Nepals multinational development partners to extend an additional assistance of $4.76 million to implement the 23-point accord among the SPA and to hold the elections. At the same time, an influential section of NC has warned of Tarai disintegration if election takes place in two phases. The decision of the government to shell out $15,870 to each legislator for the development of their constituency also stoked the fire of protest in the courteous society. The pre-election perk out of the government coffer does not make the election competitive process. It is such controversies that overturned the election apple-cart in the past. A naughtily designed election can easily foment social divisions, split up the political sphere, institutionalize sub-national conflicts and embroil the nation into the centrifugal pressure of regional geopolitics. Tarais GeopoliticsTwenty-two distr icts in Nepals southern plains bordering India constitute the Terai or Madhesh. It is fertile area and is linked to Nepals major supply routes to hills. after(prenominal) the declaration of secular state and talk somewhat redistributive land reforms, the attach that bind hill and Tarai communities got lost. The Madhesi movement spearheaded by the MPRF wants the declaration of the Madhesh as an forego region, talks with armed Madhesi groups, balanced distribution of state revenue and income to Madhesh, proportional representation in all the governance institutions including the NA, appointment of chief administrators in Madhesh from the Madhesi communities, return weapons captured by Maoists to the touch heap and declaration of those killed during the Madhesh movement as martyrs including compensation for their families. The TMLP has expressed its desire to have its own state variety meat for the plains. The two radical components of Janatantrik Tarai Mukti Morcha (JTMM) dema nd external mediators like the UN to resolve their issues and a separate independent state. Indias assertion that Tarais demands should be addressed, has kindle a prickly re carry through from various political forces.Premier Koirala who had earliest assertion that the Tarai problem can be resolved within a minute with Indias cooperation has led to suspicions rough an Indian hand in theunrest. Indias main opposition, Bharatiya Janata Party (BJP), however, criticizes the Indian government for remaining slow on the collusion of Indian and Nepali communists for creating turmoil in both countries and quashing of the symbols of Nepals stability and unity-Hindu state and monarchy. An open border with India, existence of co-ethnics crosswise the border and affiliation of each group and political party with similar ones in India create a context in which resolution of conflict requires confidence-building measures from both sides. The violent conflict in the Tarai has forced the hill p eople to migrate to safe places and create their own mechanisms in the area, like the Chure Bhavar harmony Society (CBUS) that positions itself in the foothills bordering the Terai and the mountains, for autonomy and self-defense.The autonomy movement in the Madhesh has snowballed into ethnic Tharus, Rais, Limbus, Tamangs, Gurungs, Magars, Dalits and saucyars also demanding autonomous federal states based on the right to self-determination. But, there is no unity among Madhesi groups due to their multiple caste, language, religious and ethnic identities. For example, TMLP lead is dominate by high caste groups, MPRF by intermediary caste groups and JTMM by lower caste groups. The governments Special Task Force (STF), deployed in Kathmandu and eight Terai districts, has failed to penetrate, divide and destroy condemnable networks and create public security for local governance to operate. Nepals problems cannot be tackled without taking this regionalism into account and identify ing ways to address it. No matter how one looks at this problem, it seems obvious that there is no military solution. The political case must create a situation favorable to all groups where they see they have more to gain through peace than violence. An election in a security and authority vacuum will neither have legitimacy nor ability to institutionalize democratic polity. Law and OrderThe Nepali army has expressed its commitment to democracy and a nationally-owned security firmament reforms. But, Chief of Army Staff, Gen. R. Katawal clearly said No to integrate the CPN (Maoist) combatants. The UN has affirm 19,602 politically indoctrinated Peoples Liberation Army (PLA) out of its enumerate force of over 32,000. Premier G. P Koirala agrees with the armys vantage point and has given options to Maoists- to integrate the PLA intoindustrial security groups or give them antecedence in contrasted employment. Nepals total strength of security forces stands at 165,000 NA (92,000) , the civilian police (48,000) and Armed Police Force (25,000). The NA is holed up inside barracks as per the peace accord. The existence of these two adversarial structures does not en reliance any incentive for confidence building and to pursue a viable peace process for the future. Similarly, without disarming all autonomous armed groups and improving civil-military relations, the chances of free and fair elections remain finespun.Erosion of state monopoly on power, taxation and committedness of citizens, growth of competitive violence and chastening of statehood in governance have confiscated the states capacity to provide security in the country. As a result the ability of the political system to maintain balance of power between different governance organs is severely undermined which is telling on its capacity to enforce rule of law, provide service delivery and resolve the multi-layered conflict. SPAs control over the legislature, the executive control over the judiciary and a lack of logical opposition have established monopoly rule. There is an absence of institutions protecting property rights and promotion of collective goods. Nepal has a very weak middle class and poor mediating agencies to protect the rights and welfare of the poor. Tax contributes 12 percent to gross domestic product and the contribution of public sector output to GDP is only somewhat 7 percent. Foreign aid constitutes 70 percent of development outlays. home(prenominal) revenue raising capacity is very poor. Easy borrowing from international institutions has established the governments autonomy from their tax paying citizens.As a result, the government is less concerned with institutional capacity of the state to deliver governance goals. The substantial contribution of remittance to GDP (17 percent) as well has detrimental effect on the accountability of government. GDP growth rate of 2.3 percent hardly balances out the population growth of 2.2 percent. The daily per cap ita income of $ 1 puts Nepals human security condition at the bottom of world development statistics. Feudalism, caste hierarchy and patriarchy have suppressed social mobility of the underclass. This lack of social and economic security has made Nepals politics highly inflammable amidst radical appeals and growing frustration. Nepals bureaucracy, police and public institutions are highly politicized along partisan lines, de-motivated, show poor esprit de corps and weak to enforcerule of law and deliver essential public services. The rulers have no trust in the constitution, leading to its failure, chairperson of the Constitution Drafting Committee, Laxman Aryal said on January 15. To him, the constitution emerged as a compromise among SPA constituents for the transition politics until the CA election is conducted. It, therefore, does not hold the principles of constitutionalism. He added, We saw nothing during its prototypical year, but chaos and damage of law and order. This con dition has made national integrity system idle in controlling crime, corruption and impunity.Public institutions and enterprises are still monopolized by ruling parties. Sense of public trust in the authority, assuming that the government is trustworthy and acting in the public interest, is sharply declining. Lack of a boundary between leaders personal and institutional interests has given abide to a political husbandry of clientalism although new social movements of women, youth, Dalits, indigenous people and ethnic groups are increasingly challenging the position of authority unyielding at birth, lineage and patronage. They are seeking to remold the pre-modern political culture of mutual distrust, betrayal and revenge and into post-conflict modern culture of a shared out future based on social bonnieice, democracy and peace. Voice and conjunction of MarginalizedThe struggle for human rights in Nepal for liberation, entitlements and social opportunities still remains unfinis hed. Chairman of the National Human Rights Commission of Nepal (NHRC) K. N. Upadhaya stresses the need for joint efforts among the human rights organizations and individuals to assuage human rights violations in an effective manner. The governments presence is felt to some extent only in Kathmandu and some urban nodes. Killing, kidnapping, extortion, strikes, food shortages, rocketing prices, shrinking job opportunities and growing fear have deteriorated human rights conditions in the periphery. Last year, 130 civilians got killed by various forces. Seventy-two political parties have applied in the EC for registration. This number represents asymmetry and diversity in Nepalese social life. A number of social groups are struggling for social, gender and inter-generational justice in the party structure of mainstream parties. familiar party democracy is essential to make political power proportionalto its representativeness and end the fissiparous tendencies that have sapped their social integration potential.The country has 102 ethnic groups and more than 82 languages. No single group claims more than 18 percent of the population. This means it is a country of minorities and there is no institutional mechanism to prevent the minority from becoming a majority. Civil society groups are columnized along partisan lines. This condition has marred the possibilities for cooperative action for public service. Despite the legislation of the Right to Information Act, the media is unevenly distributed just like the per capita income and, therefore, people of backward and remote areas have no access to the public sphere in shaping the agenda. In contrast, the apex body of media persons, Nepal Federation of Journalists, revealed the condition of media freedom this way Between April 24, 2006 to December 1, 2007 one journalist was killed, one disappeared, 74 detained and 128 threatened. There were 203 attacks on media houses, 129 journalists lost their jobs and 55 media ho uses were shut down. Engagement of the International CommunityFor an international community caught in a fluid political climate, it will be hard to round the development space as agreed in the Basic operate Guidelines (BOG), other than relief and addition supplies. The presence of the international community in Nepal acts as a deterrence against excessive use of violence and demoralize of human rights. Japan has put Nepal in the category of a fragile state. By definition, a fragile state creates a situation for humanitarian intervention owing to anarchy of free wills, poor governance and failure to enforce rule of law. India has often insisted that elections to the CA must take place on time at any cost, but remained silent when the SPA failed to create a favorable security and law and order situation.The European Union and the US are insisting that the security situation in Nepal must improve for a credible, free and fair election. On January 18, the US Ambassador to Nepal, Nan cy J. Powell suggesting the government and political parties to fulfill earlier commitments made in the peace accord said, The CA polls will not see sustainable peace in Nepal. What is necessary for the sustainable peace is loyalty to the nation. On January 11, UN Secretary-General Ban Ki-Moon submitted his report to the UN Security Council proposing a six-month extension of UNMINsmandate to support Nepals peace process through CA elections. He has advised against downscaling the UNs presence, emphasizing that it could imperil prospects for a flourishing election, except in the cases of technical assistance which has already been provided. The UN too favors a credible CA election with improved security, governments encounter in a dialogue with disgruntled groups and abolition of the culture of impunity. contrasted the EU, however, India, the US and China have geopolitical priorities.Indias role in bringing the SPA together against the monarchy in November 2005 and their joint st ruggle forced King Gyanendra to hand over power to the political parties. As the SPA established their monopoly over power and resources but failed to maintain security and rule of law, it evoked the security concern of neighbors. China has voiced against any foreign intervention in Nepal, showed interest to actively involve itself in Nepals peace process, expressed anxiety about the events taking place in the Tarai and asked the Nepalese leaders to take independent decisions depending less on distant forces.Aid coordination and coordination of government-donor practices have become particularly important in Nepal, oddly to engage both sides in abolishing the historical practice of clientalism and paternalism, building trust on each others role and engaging in multi-dimensional aspects of the peace-process, such as state-building, support to constitution-making, transport, communication, energy development, education, agriculture, rural development, water supply, finance, wellness and sanitation and sustainable development. Conflict mitigation projects should involve rehabilitation of the damage infrastructure and internally displaced people, rural reconstruction and eradication of the root causes of mal-development which, in the first place, triggered the cycle of conflict. Expectation of People at the Grassroots trainThe media and the political leaders have generated unrealistic expectations among the population that the CA is the nostrum that will fulfill all their needs and desires. It was important to cast the sum that CA is meant to frame a draft of the constitution and the necessary laws for governance. People at the grassroots level are expecting informed and reason-based knowledge about the constitution-making process, the suitability of theelection system, improvement in security and are concerned about political stability, cooperation from outside, avoidance of unnecessary foreign intervention, knowledge about the modern state, functions of pol itical systems, government, political parties and leadership, enfranchisement of citizens and their stake-holding in public institutions, social cohesion, support in education, health and economic activities and social justice. Minorities are increasingly questioning about their human rights in a majority dominated federal state.They want to know about their role in the multi-staged dialog with the CA, suitability of federalism, concept of a republic and the vision of a New Nepal. Ordinary people also ask about the mixed election system that has been adopted and which presents a new challenge- what with the twin-ballot paper for voters and administration. FES culture series on civic education has created a synergy as demands for such activities from various quarters have increased, advocacy documents have been employ by all sides, resource persons interviewed by the media and published in the local papers. They were even involved in non-partners activities with the same advocacy resources. In general, our programs have strengthened the civic competence of citizens as they can debate on equal terms with their leaders and contest their view points.In many a(prenominal) conflict-hit places, our activities provided space for dialogue among heterogeneous participants and directly contributed to building public opinion, democratic will-formation and reconciliation. We also tried to encourage participants to speak up and share their views quite a than just receiving top-down dissemination of knowledge and information. In many places, they suggested to us to provide training to central level leadership and demanded more seminars in the districts and villages so that dialogues across diverse communities can build trust between conflict-torn societal groups and improve their relations with the state. Road AheadA credible, free and fair election depends on the ability of the political parties to create a secure environment for political actors and voters, cross-part y consensus on security plans in the Tarai, involvement of movement-oriented and armed non-state actors opposed to the elections in constructive dialogues to address their outstanding grievances, dispelling the threat of pro-monarchy forces through inclusive measures and a commonprocess of socialization and goal-orientation towards democratic peace. What happens if elections do not take place on April 10? In case the CA election does not take place as scheduled, then this constitution, parliament and government will suffer from legitimacy deficit. The first scenario is well articulated by Minister without Portfolio Sujata Korala, The constitution of 1991 will return.This will satisfy the traditional forces and its resistance to change. But, there will be a dangerous polarization between the radical and the conservative forces. The second scenario is the innovation of a civilian government with the backing of NA. A CPN (Maoist) ideologue calls it a democratic coup, because civilian politicians, not the King, will be utilized. A lot of things depend on the move of the international community because Nepal is an aid-dependent country and its policy, power and legitimacy flow from it. Similarly, it requires to win the confidence of India, the US and China as they are geo-strategically enmeshed in Nepals internal developments. A group of civil society and opposition parties are opting for a broad-based national government to hold elections. The third scenario seems optimally satisfactory if the major insurgent groups are engaged in dialogue and national consensus. Civil society groups should assist as a mediating ground for all political perspectives and mobilize national and global