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Except China, the King’s
own choreographed script has shocked the international community.
Given the closure of the offices of the Dalai Lama by Nepal
on 21 January 2005, China had to reciprocate. However, India,
United States, United Kingdom and Secretary General of the
United Nations have expressed grave concerns. This is despite
the fact that there has not been any democratic government
since the dissolution of the parliament on 22 May 2002 and
subsequent dismissal of the elected government of Sher Bahadur
Deuba on 4 October 2002. The Narayanti Palace has been ruling
Nepal with puppets – Lokendra Bahadur Chand, Surya Bahadur
Thapa and Sher Bahadur Deuba.
The present situation in
Nepal is not exactly what the Spokesman of India’s Ministry
of External Affairs had described yesterday: “The
latest developments in Nepal bring the monarchy and the mainstream
political parties in direct confrontation with each other.”
Rather the latest developments bring international community
and the de jure and de facto ruler, King Gyanendra
into direct confrontation over democracy, human rights, rule
of law and conflict resolutions. The excuses made by international
community that they are dealing with a democratic government
have partly contributed to the present imbroglio. Fortunately,
international community including India can no longer make
these excuses now.
The democratic forces in
Nepal are also responsible for the current mess. First of
all, a draconian provision like Article 127 should have never
found a place in the Constitution of Nepal. After a decade
of misrule in 1990s, former Prime Minister Girija Prasad Koirala
never allowed his erstwhile deputy Sher Bahadur Deuba to function
effectively after he was forced to resign over the Maoists
violence in July 2001. King Gyanendra drew first blood when
he dissolved the parliament on 22 May 2002, taking advantage
of the split in the Nepali Congress, largely created by Koirala.
There were murmurs but little visible protests to shake up
the Palace. The King gave four months to Deuba before sacking
him on 4 October 2002 on frivolous grounds and restoring his
own rule through proxies. When Surya Bahadur Thapa resigned
on 7 May 2004, the squabble between Koirala and Deuba continued
with Koirala openly questioning the possible re-appointment
of Deuba as the Prime Minister. Ultimately, Koirala refused
to join the coalition government. Since Deuba was re-appointed
as Prime Minister on 2 June 2004, Madhav Nepal of the Communist
Party of Nepal (United Marxist Lenninist) was sucking up to
the Palace to prove that he is more loyal than the King. Yet,
international community conjured up a spectre
of united democratic forces to confront the Maoists.
The violations of human
rights following declaration of emergency on 26 November 2001
are instructive for the current situation. Nepal witnessed
unprecedented human rights violations including arbitrary
arrest, torture, disappearances and extrajudicial executions.
Thousands of people have disappeared. Women were raped and
innocents were killed. Political activists, human rights defenders
and the journalists were harassed, tortured, imprisoned and
executed. Yet, the criticisms against Nepal received necessary
credence because of the independent role played by its National
Human Rights Commission in highlighting such gross and widespread
human rights violations. The members of the NHRC whose term
expires soon are likely to be next victim - the King through
an ordinance may appoint new members. The MOU signed with
the OHCHR on 16 December 2004 may well be thrown out of the
window.
The suggestion reportedly given by government of India
that the only way for Nepal to overcome the Maoist threat
was for the monarchy to evolve a broad consensus with the
mainstream political parties and to present a united front
is an illusion in Nepal's context. It is a reality that disunited democratic forces
of Nepal have to play second fiddle to the autocratic forces
– King Gyanendra or the Maoists.
After His Majesty King Gyanendra
decalred himself as the ruler for the next three years, the
buffer between His Majesty and the Maoists is gone. The dismissal
of the Sher Bahadur Deuba government might be a blessing in
disguise to start meaningful talks with the Maoists. The Maoists
have insisted either holding direct talks with the King or
mediation through third parties.
As we upload this issue of ACHR REVIEW, as a clear
rebuff to King Gyanendra India’s Prime Minister Manmohan Singh
decided not to attend the SAARC summit and the summit has
been declared "cancelled" as its Charter requires
attendance by the head of the government or the State.
King Gyanendra has become desperate. The closure of
the international airport, which has prevented departure of
thousands of foreign nationals without their ability to contact
families, is an act desperation. Desperate King Gyanendra may as well immediately launch a military
offensive against the Maoists to create a dilemma for the
international community whether to support his authoritarian
moves or the Maoists. Though the Maoists have termed the latest
dismissal of the Deuba government as an “act of an medieval
feudal lord”, any talks with the Maoists without a military
offensive might add credence to the Kathmandu’s rumour mill
that His Majesty has nexus with the Maoists. In the early
days of Maoists uprising, Prince Gyanendra reportedly supported
the Maoists to discredit the democratic system. Having taken the biggest gamble that threatens the
survival of the institution of monarchy in Nepal, His Majesty
also would not like to be seen to be cow-towing to the democratic
forces led by his betenoires – Deuba, Koirala or Madhav
Nepal.
A military offensive against
the Maoists at present will spell dooms for Nepal. It will
intensify the conflict and further eschew the democratic space
already destroyed by the King and the Maoists. Further repression
by the Royal Nepal Army at the behest of the King will compel
the democratic forces to align with the Maoists.
International community
must act more decisively and swiftly, NOW, by freezing all
assistance including military assistance to Nepal unless His
Majesty King Gyanendra:
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Lifts emergency and restores all democratic
freedoms and institutions including the immediate release of all those who
are detained following the dismissal of the Deuba government,
restoration of communication lines, including
mobile, internet, long distance calls, and opening of the
Kathmandu International
Airport
and lifting ban on press freedoms;
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Creates a national consensus process involving all
the major democratic forces for holding direct talks between
the King and the Maoists or between the Prime Minister (to
be appointed yet) or any other Minister and the Maoists through
third party mediation;
-
Takes immediate measures for implementation of the
Memorandum of Understanding signed with the Office of the
United Nations High Commissioner for Human Rights on
13 December 2004;
-
Extends the term of the present members of the National
Human Rights Commission.
The United Nations must
also act decisively. The members of the United Nations Commission
on Human Rights should hold a Special Session on the situation
of human rights in Nepal immediately and send an international
investigation team to Nepal report to the forthcoming 61st
session.
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