Asian Centre for Human Rights

Dedicated to promotion and protection of human rights in Asia

 

ACHR REVIEW
[The weekly commentary and analysis of the Asian Centre for Human Rights (ACHR) on human rights and governance issues]

Embargoed for 29 September 2004
Index: Review/40/2004

Teaching a King to dialogue

There is an uncanny link between ongoing meeting of the High Level Peace Committee (HLPC) being held in Kathmandu from 28 September 2004 and uncertainty about the week long visit of King Gyanendra Bir Bikram Shah Dev to New Delhi scheduled from 30 September 2004. The HLPC meeting is being held to discuss the Maoist's major demands for holding elections to the constituent assembly and involving the United Nations or any credible international human rights organization in the negotiations to resolve the ongoing crisis. The HLPC meeting failed to come up with any coherent strategy on 28 September 2004 and therefore, the visit of the King has been postponed. The officials of the Shital Niwas, Nepal’s Royal Palace stated that dates for visit of His Majesty King Gyanendra to India had not been finalised.  The Indian embassy officials in Kathmandu echoed it by stating that there was no question of postponement of the royal visit to Delhi as it had never been decided.

The role of India with regard to the resolution of the Maoists crisis in Nepal is indispensable in more ways than one. Earlier the United States Ambassador to Nepal, James F Moriarty while speaking at an interaction organised by Nepal Council of World Affairs and American Center on “US foreign policy after 9/11” stated, "India has a big role to play in resolving Maoist problem. Considering the military assistance and diplomatic help it has provided to Nepal, I conclude that Maoists will not be allowed to take over Kathmandu". While the Maoists cannot take over the Kathmandu valley, Nepal, one of the poorest countries in the world, can ill-afford the ongoing war.

The installation of Sher Bahadur Deuba as the third Prime Minister in June 2004 has paved the way for the visit of the King to India. India had insisted on the installation of multi-party government while supporting constitutional monarchy. However, King Gyanendra is no longer a mere constitutional monarch. His Majesty remains the de facto and de jure ruler especially after the expiry of the term of the parliament in April 2004.

Prime Minister Deuba was earlier fired on 4 October 2002 on the grounds of “incompetence” for his failure to hold the elections. It is a foregone conclusion that elections cannot be held without resolving the Maoists crisis. However, Deuba must not only perform the difficult balancing act with coalition consisting of the Communist Party of Nepal United Marxist Leninist and royalist Rashtriya Prajatantra Party (RPP). He must also ensure not to invite the ire of the King, lest he will be fired again. The politics in Kathmandu valley remains fragmented with the split of the biggest and oldest political party, the Nepali Congress into Koirala and Deuba factions. Mr GP Koirala has been leading demonstrations for revival of the Parliament even after the expiry of its term.

India has assured military assistance to Prime Minister Deuba during his visit to New Delhi from 8 to12 September 2004 and agreed to provide two helicopters immediately. According to The Hindu of 29 September 2004, an aircraft operated by Vega Airlines, a private Bulgarian cargo company, carrying explosives and ammunition to "combat" the Maoists in Nepal, has been sitting at an Indian airport since 26 September 2004, awaiting permission to fly out to Kathmandu.

But, there is no military solution to the Maoists crisis. India reportedly deploys between 400,000 and 700,000 army and paramilitary forces to combat the insurgency in Jammu and Kashmir. In comparison, Nepal has only 70,000 troops out of which 30-40% are locked to defend the Kathmandu valley and the King. Since the Unified Command of the Royal Nepal Army took over the administration in November 2001, the number of police stations has reportedly reduced from 1,500 to 350 by April 2004. While the Maoists may strangulate the Kathmandu valley as reflected from the blockade from 18-25 August 2004, international community cannot remain a mute witness to the fall of Kathmandu. Therefore, the need to hold dialogue.

Over 9,000 persons have been killed in the war that started in 1996. Both the security forces and the Maoist insurgents have been responsible for gross and widespread human rights violations. Amnesty International stated that 378 persons have disappeared since the collapse of the ceasefire in August 2003. On 18 September 2004, after a marathon meeting, Prime Minister Deuba agreed to release two Maoist leaders - Resham Lama and Bishnu Thapa Magar. Initially, the government refused to acknowledge their detention and they were never produced before the courts. Illegality is the norm and the rule of law is an exception in Nepal. Not surprisingly, Nepal has so farfailed to sign the Memorandum of Understanding with the Office of the United Nations High Commissioner for Human Rights as provided in the Chairman’s Statement of the 60th session of the Commission on Human Rights on “Human Right’s Assistance to Nepal”.

Prime Minister Deuba’s overtures have failed to impress the Maoists. On 31 August 2004, the government of Nepal announced formation of much-hyped High-Level Peace Committee headed by the Prime Minister and consisting of CPN-UML General Secretary Madhav Kumar Nepal, RPP Chairman Pashupati Shumsher Rana, King’s nominee Dr Mohammad Mohsin and Nepal Sadhvavna Party President Badri Prasad Mandal, for holding talks with the Maoists. The Maoists have rejected to hold dialogue without the mediation of the United Nations or any other credible facilitator and pressed for talks directly only with the King. The government renewed its appeal on 24 September 2004, which was met by posers from the Maoist Supremo, Prachanda.

When the negotiation failed in August 2003, domestic interlocutors had little influence over the parties – the government and the Maoists. Drawn from civil society activists or former political leaders, they serve as mere messengers. It is essential that international mediators who may have leverage over the Maoists and the government are involved in the peace process. The UN Secretary General expressed interest to use his good offices to resolve the conflict.

New Delhi has so far reportedly been advising Kathmandu against involvement of third parties including the United Nations Secretary General. Not surprisingly, the only official response from the ongoing HLPC meeting has been to the effect that there is no need of international mediation in the proposed peace talks. This was also echoed by Nepals' Minister of State for Foreign Affairs Dr Prakash Saran Mahat in his speech at the ongoing 59th General Assembly of the United Nations on 28 September 2004. But, New Delhi has so far failed to take any active role apart from arresting the Maoists and extraditing them sans trial. The arrest and extradition of the Maoists is unlikely to make India a neutral broker in the eyes of the Maoists. In addition, New Delhi appears to be over conscious about the possible perceptions of neigbouring countries and international community about its potential role as a mediator and its implications on its own insurgency problems.

New Delhi obviously refuses to recognise dimensions of the Maoists crisis. Kathmandu also is not keen to take independent decision given the indispensibility of New Delhi as explained by the United States Ambassador to Nepal, James F Moriarty. However, it is a fact that Maoists writ run all over Nepal in comparison to the King’s edict in the Kathmandu valley. Even if the “shared threat” to Nepal and India from the Maoists is to be taken seriously, there is no "package solution" to the Maoists problem as the Shital Niwas has been hinting. If the edifice of the state structure of Nepal is to be restored and Nepal were not to become a failed State, New Delhi needs to change its own perceptions and impress upon King Gyanendra either to directly involve himself or involve credible third party mediators who can have leverage on both sides among others, over human rights violations. Delaying the talks for the sake of addressing India's concerns and perceptions on the involvment of third parties will further erode the credibility of the King and surely cause further destruction of Nepal.


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