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#492 5 - 11 March 2010 16 pages Rs 30 As participants launched Tourism Year 2011 at Tundikhel last Friday, shadows of another kind were threatening to engulf Nepal’s media fraternity. Cue Psalm 23:4 from the Bible: Yea, though I walk through the valley of the shadow of death, I will fear no evil. KIRAN PANDAY Ajaya Bhadra Khanal, Casting shadows The Himalayan Times Akhilesh Upadhyay, e editors express deep with the Naya Patrika daily the media to deviate from its The Kathmandu Post anguish and strongly Manoj Ghartimagar, for duty amidst increasing Ameet Dhakal, República W condemn the killing of publishing an interview of the insecurity. Criminal activities in Jiwendra Simkhada, Annapurna Post Arun Kumar Singhaniya, the only police officer arrested in the the guise of politics have targeted chairman of Janakpur Today. The Jamim Shah incident. Before the free press, civilian security Kiran Nepal, Himal Khabarpatrika killing, on the one hand, shows this, similar threats were issued and other fundamental norms Krishnajwala Devkota, Naya Patrika the fearsome form of cowardice and values of democracy. Narayan Wagle, Nagarik and criminality, and on the other, We demand that the the total absence of government. Violence can’t government immediately make Prashant Aryal, Nepal This incident occurred less deter the pen efforts to arrest the criminals Prateek Pradhan, Karobar than a month after the killing of involved and bring them to Puskarlal Shrestha, the Managing Director of the against Kantipur Publications justice. At this moment, we Nepal Samacharpatra SpaceTime Network, Jamim Shah. and The Himalayan Times. The pledge that we will never Rabi Thapa, Nepali Times Immediately after the killing of government´s insensitive surrender press freedom, which Singhaniya, criminals threatened passivity and total lack of has been established as the legacy Sudheer Sharma, Kantipur the editor of Janakpur Today, Brij accountability has helped boost and symbol of people´s rights, Yubaraj Ghimire, Rajdhani Kumar Yadav, as well as journalist the criminals´ intention to force whatever the circumstances. 2| 5 - 11 MARCH 2010 #492 PUBLISHER’S NOTE to formulate the constitution and have held the country and that no one seems to be able to untie the knot. There are the peace process hostage with their bickering. other areas of disagreement: repeated Maoist threats of WORKING ON PLAN B So, if it is certain that the new constitution is not going capturing power by force, their deliberate use of to be ready by May 28, the question is: what is Plan B? violence to terrorise others, for instance. The Maoists With 12 weeks to go for the constitution deadline, even There are wild predictions of political chaos, fears of a probably feel that these are pressure tactics to force the the diehard optimists have given up on it being written street uprising by the Maoists to capture power, presidential other two parties to take them into government, but it is in time. There is still too much to do and too little time to rule and martial law so the army can take over. None having the opposite effect. do it. of this need happen. As Chairman Dahal himself has said There is also a big gap in the drafts submitted by the Every Nepali knows why, and they squarely blame often, not writing the constitution by the deadline is not 11 committees to the plenary. The Maoists want a the political parties for having forgotten why they were going to mean the sky will fall. presidential system, while the NC is rooting for a elected. A porter in a remote district in Nepal, a Saner voices will prevail because none of the three parliamentary democracy. That could be debated, but sidewalk vendor or a college student would, if asked, be political parties want things to spin out of control, their the Maoist attempt to write a totalitarian constitution with unanimous in agreeing that it is the leadership of the control. The real worry is that the three parties decide to the judiciary subservient to government, a compulsory political parties and their greed for power that has extend the deadline and then go back to sleep again. The draft, and its opening of a Pandora’s Box with ethnic- delayed constitution-writing and obstructed the real hurdle has always been the inability of the UML, NC based federalism are dangerous portents. peace process. and the Maoists to forge a political consensus, and the If we are indeed going to buy six months, we have to In any other democracy, this would be cause for reason they haven’t been able to do that is because they make sure we write a constitution that guarantees serious concern. But not here, it seems. The lack of can’t agree on the conditions under which the Maoists will democracy, pluralism and social justice. We have accountability of a loser-takes-all government, the be brought back into government. waited four years, we can wait six more months after reckless adventurism of a mauled Maoist opposition Hardly anyone disputes that the new constitution can be May. But we have to do it right. and the politicised lobbyists of civil society have all written with the Maoists out of government. But the ensured that no one is really worried about public triangular distrust among the Brahmin men in the three opinion. They have all bypassed the assembly elected parties (and with others within their own parties) is so great Revisiting 1950 expert Subash Kashyap, serving the treaty is highly unfavourable concerns. And while the open encouraged crime, Bhattarai PLAIN SPEAKING Indian officials, and Nepal to it. Those clauses that held any border was meant for the agreed with the need to regulate experts were present. advantage in the security realm nationals of these two countries, the border. After all, the Maoists Prashant Jha There were different sessions are now non-operational, while many third national countries see out-migration as a liability on the Nepali peace process, Nepal continues to enjoy benefits were using it for other purposes. that helps sustain the old semi- water resources, federalism, from other provisions. A former official argued for a feudal economy. and the role of the media and An Indian participant argued regulated border regime to track But this was not a position Patna – The India-Nepal civil society. how millions of Nepali citizens cross-border movement. shared by all Nepali participants. conference organised by the But the most interesting enjoy national treatment in India For their part Nepali Madhesi leaders emphasised the Indian Ministry of External conversation was regarding the without a reciprocal arrangement. politicians, particularly the roti-beti relationship and said Affairs this week in Patna 1950 treaty and the open border. What would revising the relevant Maoists and UML, feel the treaty revising the open border featured the cream of the Nepali is inherently unequal, signed as arrangement would devastate political landscape. Dr Baburam it was when a newly lives and families. Others Bhattarai, Barshaman Pun independent India was dealing pointed to the huge working ‘Ananta’, Pradeep Giri, It may come as a surprise, with a decaying, feudal Rana class population, including Bimalendra Nidhi, Gagan Thapa, regime on its last legs. pahadis, who would suffer. Pradeep Gyawali, Pradeep Nepal, but India feels the 1950 Dr Bhattarai noted that the It is clear that Nepal is yet to MJF(D)’s Jitendra Dev, treaty is highly treaty was based on India’s develop a broad national Sadbhavana’s Anil Jha, and Himalayan frontier policy. consensus on the 1950 treaty and former bureaucrats and unfavourable to it Specific provisions, according to the border. While doing so, it journalists participated in the him, give India a de facto say over should be aware of the risk of seminar titled ‘Towards a New Nepal’s security, be it through ending up with a more Era in Nepal’. It showed the fragmented nature clause mean for them, consultations about third unfavourable arrangement. The Indian delegation of Nepali political opinion, but particularly when India is country threats or the acquisition Does the Nepali state want a consisted largely of former gave Nepalis a chance to planning to introduce national of arms. The change in context special relationship with India bureaucrats and academics. understand the Indian security identity cards for its citizens? needed a new arrangement. He based on the logic of socio- Former ambassador Deb establishment’s concerns and Would they need work permits also argued that while India had economic integration and Mukherjee, former deputy reflect on what overhauling the and visas, and is that what Nepal an advantage in the economic and security linkages? Or does it want national security advisor Leela treaty would mean. What became wanted? commercial realm, the weaker to chart out a more autonomous Ponappa, RAW chief during the quite clear is that no side is quite A precondition for the open economy, i.e. Nepal, should be path and have a friendly, but drafting of the 12-point willing to stand up and defend border was a special security given preferences and privileges. routine, bilateral relationship? agreement Hormese Tharakan, the 1950 pact anymore. relationship with absolute co- Claiming one third of border Answering that fundamental former Intelligence Bureau This may come as surprise to operation. But Nepal was not activity was illegal, led to a loss question will unlock the India- director AK Doval, constitutional many, but the Indian side feels seen to be as sensitive to Indian of revenue for the state and Nepal maze. ON THE WEB www.nepalitimes.com On the blogs MEAN STREETS scared, ever-compromising public madness. All they can do is go to Malaysia nepalitimes.com/blogs All is not lost in the state of Nepal.