RIGHTS BODIES ALARMED AS NEPAL GOVERNMENT PREPARES FOR WITHDRAWING SERIOUS CRIME CASES

[OHCHR country representative Jyoti Sanghera said that the interim constitution obligates the government to adopt a political system which fully abides by the universally accepted concepts of fundamental human rights, rule of law, and independence of judiciary and to maintain good governance by eliminating impunity.]

Two rights watchdogs : the National Human Rights Commission (NHRC) and the United Nations Human Rights Office in Nepal (OHCHR-Nepal) have expressed grave concern over the government preparation for withdrawal of  cases of serious crimes.

Speaking at the high level discussion on 'Case Withdrawals of  Serious Crimes' jointly organised by NHRC and OHCHR-Nepal in Kathmandu Friday, the representatives of the two rights watchdogs also drew attention of the government on its national and international legal obligations and its responsibility to investigate and prosecute  human rights violations that constitute serious crimes as well as to provide effective remedies for the victims of abuse.

Gauri Pradhan, member of NHRC, said the government, must listen to the voice of victims first and prepare theoretical and legal grounds before withdrawing the cases of serious crimes. The government  should  consult with the all stakeholders also before doing so. He also requested the court to seriously examine the withdrawal cases on serious crimes presented by the government in the court.

OHCHR country representative Jyoti Sanghera said that the interim constitution obligates the government to adopt a political system which fully abides by the universally accepted concepts of fundamental human rights, rule of law, and independence of judiciary and to maintain good governance by eliminating impunity.

At the close of its recent Universal Periodic Report (UPR) in June 2011, the government of Nepal echoed those pledges, promising investigation of alleged human rights violatiors and the implementation of court orders regarding such violations, she added.

Admitting at the same programme, joint secretary of Home Ministry Shankar Prasad Koirala said that the government was planning to withdraw the cases in line with the existing laws of the land. He further said that the ministry had prepared a strategy to protect and promote human rights and ending impunity.

The Judge of Kathmandu District Court Shekhar Poudel said  that the court can not give permission to withdraw serious criminal cases.

The then Deputy Prime Minister and Home Minister Krishna Bahadur Mahara had tabled a proposal in cabinet to withdraw some 250 cases, mostly against Maoist cadres, but it is yet to be approved.

@ Nepal News

NEPAL ON THE BRINK, AGAIN

[With just 28 days left for the third deadline for integration and drafting the Constitution to expire Prachanda has said it is impossible to complete the peace process by August 31. At best, an agreement on modality and specific numbers of PLA to be integrated is feasible. Separating Maoists from its parallel army will be a positive step. A status quo on the peace process is not surprising. Each of the four major parties - Maoists, Nepali Congress, United Marxist-Leninist and Madhesis - is deeply divided; yet the ruling Left alliance looks strong, though addressing the peace process is not a priority issue.]

By Ashok K Mehta

With only three weeks left before the Constituent Assembly runs out of time, a Constitution for 'New' Nepal still remains a distant dream as politicians bicker.

Nepal has hit a new crisis, this time not over the extension of the Constituent Assembly which is 28 days away but over the continuation of the five-month-old Government led by Prime Minister Jhala Nath Khanal and supported by the Maoists. Nepali politics has dug itself deeper into a hole. The threat by Maoist leader Pushpa Kamal Dahal, better known as Prachanda, of withdrawing support made Mr Khanal hurriedly fall in line, accepting Maoist diktat in defiance of his party high command and the five-point agreement. He has bought time and, as the logjam following former Prime Minister Madhav Kumar Nepal's resignation shows, finding a new Prime Minister is a divine challenge for the Constituent Assembly.

'Old' Nepal's transformation to 'New' Nepal has hit a pause button. But the transformation of erstwhile Maoist guerrillas who see themselves as the flag-bearers of this change into a democratic political entity has made some progress. Out of power since May 2009, fresh churning of the party has thrown up new challenges and opportunities. The appetite for power and the lure of loaves and fishes of office have driven both the behaviour of the Maoists and the pace of the peace process. Despite the constitutional timeline of two years plus plus, there is little urgency over growing concerns of political instability which has fuelled the economic downturn and frustration among the people awaiting the Maoist miracle of a 'New' Nepal.

As key drivers of the peace process, Maoists have only last month resolved - rather, patched up - inner contradictions in the strategic methodology of securing power and their perceived prerogative to shape the contours of 'New' Nepal. They enjoy pre-eminence in the peace process by virtue of being the single largest party in the Constituent Assembly and the need for their political and military organisations to be mainstreamed.

Maoists have been fixated on leading the Government to drive their agenda after their rule ended prematurely when un-constitutional means were employed to establish civilian supremacy over the Army. The latest ploy of the Maoists to wriggle back into Government and capture its leadership through a seven-point secret agreement with Mr Khanal was foiled by the unimplemented five-point agreement which allowed the three-month extension of the Constituent Assembly beyond May 28 this year. The Maoists secured Ministerial berths but Prachanda ordered Monday's reshuffle of the pack in order to please different factions of his party according to a new power-sharing arrangement within the high command.

While Prachanda remains chairman of the party (and retains parliamentary party leadership) he has been forced to delegate his other powers to the three vice-chairmen - Mr Mohan Baidya (organisation and discipline), Mr Baburam Bhattarai (prime ministerial candidate), Mr Narayan Kaji Shreshtha (leader of the new Ministerial team in the Khanal Cabinet) and general secretary Ram Bahadur Thapa, head of the PLA. This is the first exercise in decentralisation of power and more democracy in the party as a quid pro quo for the hardliners shelving 'revolt' and accepting the democratic political line for continuing the peace process. This is a Band-Aid on the peace process.

With just 28 days left for the third deadline for integration and drafting the Constitution to expire, Prachanda has said it is impossible to complete the peace process by August 31. At best, an agreement on modality and specific numbers of PLA to be integrated is feasible. Separating Maoists from its parallel army will be a positive step. A status quo on the peace process is not surprising. Each of the four major parties - Maoists, Nepali Congress, United Marxist-Leninist and Madhesis - is deeply divided; yet the ruling Left alliance looks strong, though addressing the peace process is not a priority issue.

Mr Khanal acted in self-interest. While the Nepali Congress and members of his own party asked him to resign in deference to the five-point agreement to facilitating a national unity Government, Prachanda demanded the reshuffle to accommodate Mr Narayan Kaji Shreshtha's team. A signatory to the five-point agreement, Prachanda is looking both ways: But he does not want Mr Babu Ram Bhattarai to become the Prime Minister of a future national unity Government.

Mr Khanal is doing what his predecessor, Mr Madhav Kumar Nepal did - echoing that he will step down as soon as a national unity Government is ready. This will shelve the peace process further. The next 28 days will be spent protecting the Government against the wrath of the divided Nepali Congress.

Nepal has tried all combinations of coalition Governments except one with the two political adversaries, Maoists and the Nepali Congress, together. For long it was known that only a national unity Government has any chance of bringing to fruition the unfinished peace process. Mr Bhattarai has been articulating the need for a national unity Government to achieve a consensus on sticky constitutional issues.

Legal difficulties persist about extending the term of the Constituent Assembly any further. Last time, the Supreme Court served a show cause notice to President Ram Baran Yadav for extending the Constituent Assembly's tenure after the deadline had expired. The Supreme Court has overturned a verdict of November 4, 2010 which approved the one-year extension and the enabling Eighth Amendment. It argued that the interim Constitution had not thought of extension beyond two years: Except six months in an emergency. The doctrine of necessity allows extension of only six months of which three months will have been utilised by the end of this month. That leaves just three months to complete the peace process.

Surprisingly India-bashing is on the decline. No one is blaming New Delhi directly for the current political tensions which are the outcome of political formations being fractured irreparably. The Nepalese are happy that a new Indian team - Foreign Secretary, Joint Secretary and Ambassador - is taking the crease. The last two - Ambassador Jayant Prasad and Joint Secretary Akhilesh Mishra - are both Biharis and the latter has served in

the Kathmandu mission.

Home Minister P Chidambaram told visiting Nepali editors last week that lack of a stable Government had impeded the peace process and enhanced security challenges for India, especially of terrorism and fake currency. He ruled out closing the 1,800 km border and instead called for its better joint management.

Only a national unity Government has a chance of reviving the peace  process and restoring political stability, both imperatives for closure of the peace process and ushering in a 'New' Nepal with former Maoist guerrillas transformed into responsible citizens, soldiers and politicians. For this the collective blessings of the presiding deities of Swargadwari, Manakamana and Pashupatinath will be necessary. And Prachanda's good sense.

@ The Pioneer