DEMOCRATIZATION AND HUMAN RIGHTS IN :

Subodh R. Pyakurel, Chairperson FORUM‐ASIA/ INSEC.

After a decade long violent conflict Nepal has embarked into a modern democratic process. The peaceful movement of 2005 ousted dictatorial monarch and Nepal was declared as the newest republic in 2006.

Temporally, democratic movements in Nepal seem sporadic in their nature‐ achieving democratic victory, suffering confiscation due to monarchial rule and struggling for the reinstatement remained as the political plight by the onset of the 21st century. In 1951 and 1990 Nepali people launched peaceful movements. As the result of the people’s movement in 1951, Nepal got first democratically elected government. However, the coup d’`etat engineered by the then king in 1961 imposed Party less (Single party) Panchayati system. During three decades of struggle against Party less system hundreds of martyrs sacrificed their lives. Hundreds had to leave the country and the same or more had to spend decades in prison. As the king totally curbed democratic values and practices in the country democratic forces led by Nepali Congress (NC) and several Communist Groups had to involve in their fight against Panchayati regime. Under the regime, the state power was absolutely exercised by the King and intra‐party election would choose the persons in governance, however, king’s nominees in the parliament and in all constitutional bodies including in public service, security and defense were in majority.

In 1990 there was a historic mass movement which brought Nepal to an era of Democracy. Constitution drafting committee was formed and Nepal got Democratic constitution with the provisions of constitutional monarchy, free media and guarantee of all fundamental rights of the people. Nepal ratified most of the Human Rights Treaties. Economic, Social and Cultural rights related matters were incorporated in the guiding principles of the Constitution.

The constitution gave voice to the voiceless. NGOs began to spread throughout the nation as one of the agencies of development, besides the state and private sectors. Several researches were made on the structural discrimination and exploitative traditions and communities under systematic and structural injustice began to raise their voice for equity based justice with compensation. One of the most pivotal issues was to redress the serious backward economy of landless farmers and squatters. Many governments tried to address this issue but without any scientific database and well‐ thought plan of implementation. Gender based, caste based and regional discriminations resulted in dissatisfactions. The increased public awareness further fuelled the dissatisfactions. Governments and parties were aware of growing grievances but remained unwilling to assert public liability. From 1988 onward Nepal was highly influenced by Free‐Market economy under IMF/WB and Global pressure. Subsidies were cancelled and public corporations were privatized. Helpless poor were left to the mercy of the cruel market system. The new Governments elected after 1991continued to govern with the same Market‐Economy without basic changes. Nepal, being amongst poorest countries, was to surrender global condition fixed by powerful finance institutions. But the end result was that the poor mass of the people began to polarize and there resulted in wider chasm between the government and destitute people.

The left parties of the time, following the movement of 1990, had proposed an agenda to incorporate provisions in the constitution so that monarchy and its future could go shaky. Largest group CPN (UML) proposed the fate of the monarchy be decided by the endorsement of two third majority of the parliament and simple majority in the referendum. However, the liberal democratic parties were of the view that Monarchy, being the oldest and cultural institution, needed to remain constitutional entity without any direct executive power. Later, Nepali people started to experience how strongly cultural practice dominates the legal provisions and how Army comes under virtual control of the palace that didn’t have any specific legal provisions to control.

In the general election of 1991 and in all elections there after, the center‐left (UML) remained main opposition party. Another small group of communist party ‐Peoples’ Joint Front, had participated in the general election and had got nine seats in the lower house. Due to split in this tiny group, later, it converted into UCPN (Maoist), and has been the largest communist party of Nepal now.

UCPN (M) claims that the Multi‐Party system is meant to serve only the bourgeoisie; it protects all forms of discriminations and injustices for the benefit of handful of exploiters, and, Maoists believe, multiparty party system stands on the basis of international power centers serving the latter. Starting through cultural program, educational awareness amongst vast discriminated groups, gender, class and ethnic groups they proposed as the party policy that all infrastructures cementing the political structure including personalities be eliminated to create new‐state of the proletariat.

In 1996 they started armed struggle in the name of ‘Peoples’ War’. Cadres of the parliamentarian parties were brutally attacked and killed. Infrastructures were damaged and destroyed, Local bodies were attacked and the government that previously limited its role under Free‐Market economy was quite unable to protect these attacks. In spite of several rounds of dialogue the warring groups could not come to amicable solution. UCPN (M) kept on insisting for the election of Constituent Assembly as the bottom‐line of their demands.

In 2001 King Birendra’s whole family was killed in a royal palace massacre. His brother Gyanendra was brought to the throne. In 2004 new king Gyanendra dissolved the Government and took over all executive power. Civil Society and general public who were enjoying civil rights were at the helm of dissatisfaction. International community was convinced by the civil society activists about the international and constitutional obligations that it was not the king to exercise executive role. The acts of king gyanendra to oust the government, to clamp state of emergency and to mobilize army made people furious. The people likened the act of the king Gyanendra to the power usurp of 1961 where the then king Mahendra had dissolved first democratically elected government led by B.P. Koirala and had taken power in his hand mobilizing the Army in his capacity of Supreme Commander‐In‐ chief of the army. In 2005 the nation‐wide mass movement was able to bring back the situation under democratic control. King made compromise. The dissolved house was reinstated. After months of negotiation the house incorporated Maoist in the parliament giving them equal seats to the main opposition party, UML. The Interim Parliament declared in 2006 gave political guideline opening up avenues for the future progress, federalism.

On November‐19, 2005, the rebels had signed twelve‐ point ‐agreements which paved the way for massive public mobilization in the quest of lasting peace and progressive change. On November 21, 2006 the rebels signed a peace agreement renouncing insurgency, agreed to confine their combatants in the cantonments and cease all parallel political structures and to join the peace process through peaceful and lawful manner. United Nations’ Mission to Nepal was invited to monitor the peace agreement. The signing of Peace Agreement paved way for constituting interim parliament declaring Monarchy defunct till the decision of Constituent Assembly. The result of the Constituent Assembly election brought Maoist as the largest party in the CA holding 38% of the seats. The first meeting of the CA declared Nepal as a Federal Republic. According to the Interim constitution it needs endorsement of 2/3 majority of the constituent assembly to pass the constitution and its’ articles. After CA election the Maoist party, being the largest, formed the government in August 2008, but had to resign on the issue of overruling by the President to the decision of their minority cabinet decision to fire the then Chief of Army staff. Within nine months of time Maoist‐ led government could not accelerate the peace process. They did not constitute the provisioned Truth and reconciliation Commission, Disappearance Commission, Peace Commission and did not reintegrate their combatants as per the deal and agreement incorporated in the interim constitution. In May 2009, another government led by UML leader was formed with the support of 22 parties in the CA. But, the contradiction was so extreme that the new government could not garner support from the main opposition, the largest party in the house.

Maoists are demanding that consensual system of governance be introduced, national government be formed under their leadership, combatants be reintegrated in the security and defense agencies and state restructuring should be based on the ethnic and regional ground. Nepal is highly diversified country of minorities. None of the ethnic groups have majority in districts. Ethnic groups and people living in southern part are demanding for separate states. There are many armed groups especially operating to the southern part of Nepal. Extortion, especially by the YCL (Young Communist league) of Maoist party, is still rampant. Crime rate has increased by leaps and bound. There is weakest law and order situation. Business and contracts are at the mercy of either Maoist cadres or other armed groups. Due to decade long violent clash we did not lose only 13 thousand citizens but also it was a heavy loss of infrastructure and a halt to new projects. Nepali people are facing 18 hours of load‐shedding of electricity everyday. Industries and businesses are to the complete impasse. Maoist party has declared infinite strike from May 1 till they get the government. They have declared that they will declare Peoples’ Constitution from the street and capture the state by peaceful movement. Country is in stand still.

During the insurgency people were caught between the rebels and the government forces. More than 70 thousand had to flee from their home land. More than five thousand were disappeared according to victim’s groups. The current political misunderstanding and clash among parties has been perceived by the people as the unprecedented terror.

For the solution, Human Rights communities have been drawing the attention of the disputing parties to adhere to the principle of Human Rights to which Nepal is the party. For instance, instead of delving on the ethnic divide better to formulate a policy of national development plan of capacity development of its citizen based on Human Development Index. Security Sector Reform could be another sector of focused discussion and concern. Monarchy has been abolished but the culture of feudalism has its deep root. Democratization of political parties is the core of social leadership for progressive and inclusive transformation of the state. Parties should make sure that Civil and political Rights are utilized to assert and monitor peoples’ aspiration. Socialization of former combatants is the main concern for the civil society whereas Maoist party insists for maximum possible integration in the Nepal Army and other political parties want just opposite, minimum integration in the Nepal Army.

Nepal needs a progressive transformation through a system of governance which focuses primarily towards capacity, confidence and ownership of the bottom population. In the conflict mongering between parties, it is sure that the new constitution will not be promulgated in the deadline, May 01. To extend the period of Constituent Assembly political consensus is a must. For the sake of consensus the only condition put forth by Maoist is the formation of new government under their leadership. Other parties have put few conditions, as given below, for the formation of national government under Maoist’s leadership Returning of the properties of civilians captured by Maoist. Reintegration of Combatants. Adherence to the Peace agreement by Maoist. Dissolution of Maoist militia, YCL (Young Communist League). Stopping of all unlawful activity of Maoist cadres, extortion etc. Formation of a National Government with a commitment that constitution based on the principles of Democracy, Human Rights, Guarantee of Fundamental Rights and Pluralism will be promulgated.

Nepal being a poor country cannot bear more conflict and chaos. 24.7 % of population is below line, Gini Index is 47.2 and House hold consumption share is lowest, 10%. Beware of extra constitutional means: Nepal has its constitution adhering to accepted democratic norms and sets process for the expression and implementation of peoples’ will to its’ highest standards. Nepal is a party to all important treaty bodies on Human Rights. Besides being active member of United Nations Nepal has its national and international values. Current mob oriented moves cannot be imitated in Nepal.