#320 27 October - 2 November 2006 16 pages Rs 30 ILLICIT JOYS: Firecrackers were popular Weekly Internet Poll # 320 but expensive this Tihar, with Maoist Q. The government denies the OHCHR cadres cornering the resale market. report that 49 people went missing from the Bhairabnath battalion. What do you think? Total votes: 2,424 Weekly Internet Poll # 321. To vote go to: www.nepalitimes.com Q. Is the Maoist activity in Kathmandu a sign that they are joining the mainstream or planning a takeover? MIN BAJRACHARYA Vigilantes in the central tarai complicate the LIT FUSE peace process NARESH NEWAR the use of armed vigilantes was vigilantes being used by all kinds vigilantism. Small arms are easily in KAPILBASTU always the plan, and the army of political forces to do their procured from across the open continues to help them.” The dirty work, and again civilians border with Uttar Pradesh. ast week in Kathmandu, Nepal Army is still camped out in will be victimised,” said Drona Subedi says some vigilantes the Maoists dispensed the compound of vigilante leader Raj Subedi, a local civil society are seeing the advantages of L vigilante justice. In Abdul Mohit Khan’s home. leader who brokered the talks. moving into mainstream politics Kapilbastu, they’re on the Like the Maoist militia, the In the villages, the vigilantes after NC leader Chitralekha receiving end. vigilantes are also potential are now openly building Yadab’s recent visit here. Yadab The anti-Maoist vigilantism spoilers in the peace process. But networks with gangs from across made a fiery speech about tarai that began in February 2005 is unlike the rebels, the only talks the border, and seeking political rights to a rapt becoming institutionalised here. about managing them are protection and support from the audience of 10,000 Editorial p2 The security forces continue to happening at the local level. Tarai Janatantrik Mukti Morcha at the launch of Hurry up protect vigilante groups, Shortly before Dasain, Kapilbastu (‘Tarai tinderbox’, #310). Some the Loktantrik citizens’ groups say, and human rights activists, vigilante group members we Madhesi Mukti Morcha Nepal- provide them with much- journalists, and civil society spoke to said they feared Maoist Bharat Maitri Sangha in needed resources in this proxy groups held meetings with retaliation, and see their best Bahadurganj last month. A war against the Maoists. vigilante and political leaders to option as latching on to the number of Indian politicians People are scared to speak try and negotiate a tripartite TJMM. As in February last year, attended the function. openly, but a local political agreement. The vigilantes refused the vigilantes’ actions are The vigilantes are defiant. One leader in Sihokar village told us: to talk to the Maoists. directed against the Maoists as said, “We’ll continue our war “Forget about the peace process, “If we don’t deal with this well as hill migrants in villages against the Maoists until they eliminating the Maoists through now, we’re going to see the like Bishnunagar, a hotbed of stop extorting our villages.” z 2 EDITORIAL 27 OCTOBER - 2 NOVEMBER 2006 #320 Published by Himalmedia Pvt Ltd, Chief Editor: Kunda Dixit Editor: Sophia Tamot Executive Editor: Anagha Neelakantan Design: Kiran Maharjan Web: Rupendra Kayastha Desk: Jemima Sherpa Vicepresident Corporate Affairs: Sneh Sayami Director, Sales and Marketing: Sunaina Shah [email protected] Subscription: [email protected] Hatiban, Godavari Road, Lalitpur Constitutional ability [email protected], GPO Box 7251, Kathmandu 5543333-6, Fax: 5521013 www.nepalitimes.com Printed at Jagadamba Press, Hatiban: 5547018 Inclusion, participation, discipline enya still doesn’t have its submissions, all were analysed. demanded higher allowances, URRY UP new constitution 15 years The results were freely available. others were bribed by politicians, H Kafter the process to write it People spoke openly despite and many stopped coming. Now that the holidays are over, it is time for the seven-party alliance began. The story has positive fear of retaliation. The urban poor Tribalism, which barely figured in and the Maoists to inject some momentum into the peace process. lessons and cautions for Nepal. and rural communities produced popular submissions, became To recap: the army has sworn allegiance to civilian command, the Kenya was a one-party a more scathing critique of years prominent. There was constant king has said he will obey the will of the people, the Maoists have said they are committed to seeking a negotiated solution and the dictatorship from 1982 to 1992, of authoritarianism than any political interference, and seven parties are all agreed on a more just and inclusive but in the late 1980s, Kenyans scholarly or NGO analysis, and delaying tactics. The process democracy. began a people’s movement this provided a secure basis for caused elation and frustration. So, what’s holding things up? After all, Pushpa Kamal Dahal and demanding reform and a return to the reform agenda. Decisions were made by Girija Prasad Koirala have managed to build some trust in the past constitutional democracy through The draft constitution, while consensus, failing which an months, and perhaps even some grudging admiration for each other a constituent assembly. not perfect, was enthusiastically article had to be accepted by a as politicians. The seven parties and the Maoists may not see eye- received. The constituent two-thirds majority. MPs to-eye on the nature of state restructuring, but they are unanimous GUEST COLUMN assembly (called the National persuaded the conference to reject on the mechanism: that it should be done through the setting up of Yash Ghai and Constitutional Conference) was some ideas that made them and an interim government under an interim constitution to organise Jill Cottrell to follow, though final approval their parties accountable. Some constituent assembly elections. They have even agreed on the date depended on parliament on the ideas accepted enthusiastically of those polls. An agreement on an interim constitution should therefore just be a formality, right? Um, not quite. The government gave in and insistence of the president, who were not workable, notably the There are a couple of roadblocks on the roadmap. Leaving aside agreed to review the constitution. controlled it. provisions for devolution of ever-changing Maoist demands, which at one point during the talks The process was participatory, and The conference had 629 power to districts. even included the immediate abolition of monarchy (isn’t that aimed at a constitution which members, including all MPs, The draft constitution adopted supposed to be decided by the constituent assembly?), it does look respected human rights, multi- three elected members from each proposed a parliamentary system like the Maoists are shifting goalposts all the time. They are also party democracy, and ethnic and district, and another chosen by to replace the existing all- flagrantly violating the code of conduct on the ceasefire with gender equity. civil society groups. The chair powerful presidential system. But extortion which they don’t even bother to hide anymore. First, an independent ensured underrepresented groups president Mwai Kibaki and his Even if the delay is deliberate posturing to pacify hotheads commission was set up in late and minorities had a voice. henchmen, loathe to lose power, within their party, it has gone on for too long. The comrades wouldn’t 2000 to educate people about Right before the first formal ‘persuaded’ parliament to endorse want the negotiation to seem too easy, and don’t want to give the constitutions and to collect their sitting in 2002, the president a very different draft, which was cadre the impression that they agreed to everything put on the table by the parties. views to form the basis of the called an election. The assembly put to a referendum. It was What we saw in the hemming-and-hawing at Baluwatar last draft constitution the constituent suspended work for five months. overwhelmingly rejected. People month was the Maoists setting the stage for an agreement on an assembly would consider. When they returned, politicians voted against it because they interim set-up which will now look like it was hard-won. Details of The 29-member commission were making calculations of preferred the earlier draft, or out of ‘arms management’, which is essentially a question of trust between was too large and the members personal advantage. dissatisfaction with the the two sides, appear to have been ironed out. were too often linked to political But most conference delegates government, or for tribal reasons. We suggest that future negotiations not be held at Baluwatar with parties, but all were lawyers or were committed and serious, and Kenya doesn’t have its the ensuing circus that we witnessed during the last round. people in public life. after 11 months of work it constitution yet, but for Nepal, Sensitive talks such as these can’t be held in the glare of the media The commission held adopted a draft constitution these conclusions stand out: spotlight and sloganeering on the streets outside. meetings in every constituency, which overall responded to the z Get people involved. At a certain point, posturing and time-buying are with interpreters for local demands of the people. The size z Give them the facts. counterproductive. The Maoists may think they have time on their z side, but they don’t. Neither does the government. The people have languages and sign language. of the conference made rational Speed it up. been waiting and they don’t like this suspense. Thousands attended and the discussion hard, some delegates z Protect the process through the There is the added danger that delays in the peace process will commission received 36,000 interim constitution. tempt renegade royals, sectarian radicals, fundamentalists, and z Keep the CA small.