Wednesday, February 15, 2006

-Jhabindra Bhandari, JICA Nepal Office

-Indra Rai , Nepal Safer Motherhood Project, DFID, Nepal

Nepal, the land of Lord Buddha, a symbol of peace and non-violence has entered in difficult political conflicts. The killings of thousands of people - security personnel, insurgents, and civilians have been a huge loss to the nation. The damage caused due to this conflict is largely on human resources, physical infrastructure and development facilities. And, there is no doubt that without long lasting peace in the country, development is very difficult.

Heavy migration from the affected rural areas to the cities and even India have made rural life a tough and uncomfortable. Internally displaced people particularly women, children and elderly have faced many problems and challenges of shelter and survival. Lack of social security among service providers in the health and other social development institutions made hard and tough time for the rural people to make best use of the accessibility and availability of health and social services at the local level.

The definition of peace evolved from the mere absence of war to a concept to encompassing as well the absence of structural violence within a society (positive peace Johan Galtung) where structural violence is defined as when damage to an individual or groups occurs because of an unequal distribution of resources (or access to them) in a given society. In this aspect, peace building is defined as any action directed at identifying and supporting structures and activities that tend to strengthen and solidify peace.

Thus, peace means different things to different people. In the recent years, peace building and development are increasingly recognized as an emerging priority in development efforts. Peace is a democratic environment in which feelings and rights will be respected. Peace building and development are two sides of the same coin-, one can not succeed without the other.

In most of the countries of the world, oppressive power relations, sexual assault, attack and disappearance of family members, and the general insecurity on the streets,

lead to an overall loss of freedom for people. This will have enormous negative impact on children and women.

The term peace building has been the cause of much confusion and it is often used rather broadly to mean any activity undertaken with the purpose of preventing, alleviating or resolving conflict. Peace building is the strategy, which most directly tries to reverse the destructive processes that accompany violence. This involves a shift away from the warriors, with whom peacekeepers are mainly concerned, to the attitudes and socio-economic circumstances of the ordinary people. Therefore, it tends to concentrate on the context of the conflict rather than on the issues, which divide the parties.

Life and Peace Building Institute (LPI) has effectively empowered many different Somali civil society groups and grass roots communities in peace building process. The set of conditions for interventions developed so far synthesize insights found from the field experience and also include lessons learned from the Peace building: A Field Guide (Paffenholz & Reychler 2000). The basic philosophy of the LPI approach reveals that sustainable peace -building is a long term process that can only be achieved from within the society and conflict, involving the entire society and not only the elite. Moreover, it emphasizes that sustainable peace-building must start at the local community level.

In order to make a meaningful contribution to sustainable peace building, LPI has developed a twofold approach, terming it "bottom up" peace building or "community-based peace building". Within this approach, LPI defines its own role as that of an external facilitation with the aims at strengthening the role of civil society actors during peace processes in a way that they are able to make a meaningful contribution to peace building in their region; and inculcating the philosophy of people based sustainable peace building throughout all levels of society Peace negotiations are difficult in practical situation. Therefore, there are challenges in giving peace a chance. Even when conflicting parties are willing to make peace, inadequate mediation machinery and the absence of secret negotiations can thwart the peace building process.

There are several attempts of restoring peace in the country. Human rights organizations have been trying to raise awareness on peace, human rights, and humanitarian action in Nepal. In this regards, South Asia Forum for Human Rights (SAFHR) has been doing a great job of organizing peace and development courses to NGO activists, media people, social workers and development professionals who are actively interested and working in different parts of the country. This has further enhanced the capacity of local bodies in conflict transformation and peace issues.

However, efforts for sustainable peace-building are still lacking. The focus at the community and people-centered peace-building process should start for effective intervention in the long run. The peace talks and voices for the lasting peace should start from the community to national level, thereby, ensuring participation at all levels of society. Similarly, there needs to be an enabling environment for peace-building process.

Alternatively, the clear guidelines can be considered for people-based peace building process that aim at supporting peaceful conflict transformation, demonstrating self-initiative for peace-building, representing the entire spectrum of society (multiethnic and gender balanced), approaching conflict transformation in a peaceful manner, adhering to fundamental democratic rules and making the peace process sustainable.

Designing effective intervention for sustainable peace building is not an easy task. The goal of sustainability needs to be incorporated into intervention design from the very beginning. Different strategies are required for different levels of intervention. On the macro-level, one can distinguish between short and long term interventions.

Short-term interventions, such as good offices, facilitation and mediation efforts, should build in sustainability as a criteria. Moreover, actors on the macro level of intervention should develop an exit strategy prior to their engagement. This means, for instance, that external intervening actors must be prepared to leave the continuation of intervention to local actors or to other external actors at the appropriate time.

It is also crucial for donor agencies, at all levels of intervention, to ensure that the intervention can be sustained. There are two simple mechanisms that can help them to accomplish. Firstly, there needs a joint activity plan, complete with in-built follow- up mechanisms, including the assignment of specific tasks to particular individuals who have assumed responsibility for implementation.

Secondly, there needs a monitoring system that provides a continual feedback. In order for trust to develop and for relationship building to succeed, the report -back mechanism will be essential. This further ensures on going ownership of the process by all parties, which is the best guarantee for sustainability.

Another approach to make processes more sustainable is to support them by identifying suitable networking and collaboration partners. Nevertheless, there

is no utility in co-operating for the sake of co-operation. On the contrary; coordination and collaboration should only be established if there is an added value for all partners involved. However, it is always necessary to elaborate the usefulness of strategic alliances in order to sustain programmes through structures.

For sustainable peace- building process and to restore lasting peace in the country, there are some important practical steps for implementing policy and approaches that initiate participatory and people based approach to conflict transformation, focus on community based conflict transformation, initiate participatory research on the implications of conflict on development, create an enabling environment for peace talks with agreed code of conduct, and strengthen the role of civil society in peace-building process. Furthermore, these approaches emphasize the coordination and collaboration with all stakeholders for maximum impact and setting realistic goals for conflict resolution. Let's hope there be peace in the country soon.

Text courtesy: Participation, A Nepalese Journal on Participatory Development Vol 6 no. 6 2004. Thanks the journal and the two brilliant Nepali authors-ed.

MAHA SHIVRATRI Festival

Maha Shivaratri, the night of Lord Shiva, where tens of thousands of devotees and pilgrims from all over Nepal, India and other parts of the world converge at the Pashupati Nath temple complex, falls on the 26th of Feb this year.

For more than a week before and after Shivaratri the area around the Pashupati Nath Temple complex and Gaushala is transformed into a mammoth fair-of-sorts with food stalls, pavement markets and clusters of temporary shelters where life-styles and human activities of a mind-boggling variety can be evidenced. Colourful costumes of the many different ethnic and tribal pilgrims from India sporting intriguing headgear, ranging from turbans to towels around the scalp; long flowing dresses, pantaloons and loin cloths, along with the ubiquitous sarees, all form a fascinating contrast to the many fakirs and yogis in their `birthday suits'.

One of the most important Hindu festivals in honor of Lord Shiva, Shivaratri is a commemoration to the gentler aspect of Lord Shiva in His manifestation as PASHU PATI - ( PASHU - Animal PATI - Master/ Protector of all living beings).

The genesis of Shivaratri Festival is attributed to the following legend of Hindu mythology :­

It is believed that Ludhaka, a hunter fleeing creditors seeks sanctuary in a Shiva temple where he is encompassed by the aura of Lord Shiva and is overcome by the chanting of devotional songs in praise of Lord Shiva. He is also released of his debt when one of the devotees pays off his creditors.

Immediately on departing from the temple, Ludhaka the hunter hides himself amidst the foliage of a Bel tree looking for a prey. Unknown to him, his movements among the branches of the Bel tree causes some leaves to fall on a hidden Lingam under the tree - an action believed to be most auspicious. While waiting for his prey to appear he passes time by chanting "SHIVA! SHIVA! " in the manner that the devotees at the temple had done.

By the evening, a pregnant doe nears the tree where Ludhaka is hidden. On drawing his bow and taking aim, the alarmed doe begs him to spare her life. The doe tells the hunter that he may kill another doe which is to appear shortly, otherwise she requests the hunter to allow her to give birth to her young following which she would return to be killed. The hunter by virtue of his repeating Lord Shiva's name has by now become almost a lover of animals and making the doe swear that she would return he lets her go. Ludhaka sits on the tree all afternoon and evening, more often than not, repeating the name of Lord Shiva. He is starving all day into the evening and by midnight when another doe appears on the scene, with the pangs of hunger pressurizing him he takes aim at the restless doe obviously seeking her mate. On seeing Ludhaka this doe also requests him to spare her so that she is able to seek her mate after which she promises to return to be killed. Despite his intense hunger and a wasted day Ludhaka also lets her go.

Shortly a big black buck appears seeking his mate. The buck too requests that he be spared till he is able to find his mate after which he promises to come back to be killed. The hunter lets the buck free also.

The first doe delivers her young while the second doe and the black buck have conjugal happiness. Having delivered her young the first doe goes back to the hunter as promised. The buck asks his mate, the second doe, to remain while he wishes to return to the hunter to be killed. His mate refuses to be left behind and the two go together to be killed. Thus all three deer appear before Ludhaka and offer to be killed.

His all­ night vigil and his repeating the name of Lord Shiva, in the meantime had expiated the sins of the hunter. A sense of compassion and realization that the killing game for meat is evil dawns upon him. He preaches a sermon to the deer and let them all go. It is believed that at that moment messen­gers of Lord Shiva appear in a celestial carriage and transport him to Shivaloka.

In the Hindu mythology BRAHMA is represented as the Creator of life, VISHNU as the Preserver and SHIVA as the Destroyer. Therefore the above legend which glorifies the compassionate manifestation of Lord Shiva as the lord and protector of all living beings is commemorated every year in the form of SHIVARATRI.

During Shivaratri, the temple of Pashupati Nath, dedicated to Lord Shiva. becomes all spruced up in anticipation of the arrival of Sadhus, yogis and other holy men as well as the hundreds of thousands of devout Hindu pilgrims. The fact that all devout Hindus believe a visit to the holy Pashupati Nath temple will absolve all past sins and the preference to make this pilgrimage during the time of Shivaratri, the most auspicious of Shivaratri festivals, is one of the main reasons for the annual congregation of this vast multitude of humanity.

The days before and after Shivaratri sees the collection of vast numbers of people from all walks of life as well as providing a kaleidoscope of many different ethnic and tribal races of Nepal and India. People fill the roads around Pashupati Nath temple - holy men, some half clad, some covered in ash but entirely nude; pilgrims in their distinct and colourful tribal costumes; vendors selling practically everything from vermilion powder, Rudraksha beads, monkey nuts to Coca Cola and snacks. The odd foreign tourist and the curious gawkers also form part of this vast collection of humanity.

People gather on the hillside across the river from the Pashupati Nath temple as well as around the vicinity of the temple complex in groups around campfires and in make-shift shelters, singing Bhajans, reciting slokas, discussing various religious topics while maintaining a fast and a vigil in anticipa­tion of the religious ceremonies. Marijuana smoking mendicants, many with long tressesses, some with fabulously photographable hairstyles dot the area, serene and trance-like, emulating Lord Shiva himself, who it is believed to smoke the `stuff'.

At midnight Shivaratri festival officially begins with the priests inside the main temple making offerings of the auspicious Pancha Amrit to the Lingam of Lord Shiva. Throughout the night, devotees in an almost never-ending stream, file through the gates of the main temple to sprinkle milk, flowers, coins and rice offerings on the Lingam of Lord Shiva to be followed by a ritualistic bath in the river every few hours as dictated by the rituals. At about six o'clock in the morning priests start the recitation of sacred texts which can be heard for miles around being amplified through loudspeakers strategically spread all over the Pashupati Nath temple complex. This chanting of prayers continues till mid­day followed by the singing of bhajans. The mammoth turnout of pilgrims is such, that devotees and believers are still involved in the elaborate religious activities many days after the actual night of fasting. As is inevitable after a period of fasting, there is the ritual partaking of food and sweetmeats following the festivities of Shivaratri. Naturally there are vast numbers of food-stalls selling many varieties of food and sweets.

For non-Hindus, Shivaratri offers a fascinating insight into a very important religious event as well an opportunity to see diverse cultures, peoples and costumes with the most gawked at and photographed being the Hindu holy men - the SADHUS and YOGIS, smeared in ash, their foreheads striated with many different and intriguing designs under many different types of hair-do. Absolute naked ascetics, with rings in their genital roam through the crowds mindless of the stares and glances and to the intense cold of the Himalayan winter, having mastered their minds to withstand the heat, cold and inhibition of all types. Priests too, in their many different garbs and as many variations of ochre and brown, engrossed in their often esoteric rituals at different shrines and temples contribute to the fascination of the Shivaratri festival.

For the devout Hindus who come from far away to experience the Shivaratri festivities and take a dip in the holy waters of Bagmati river it is often a once-in-a-lifetime experience. As for the curious tourist - Shivaratri is just an unbelievable experience.

Text courtesy: The NTTR January/February issue 2006.

American Constitution is not as specific as its Nepalese counterpart when it comes to the right to information

P. Kharel, Senior Journalist, Nepal

The right to information is cited as one of the highlights of the kingdom's 1990 Constitution, and justifiably so. After all, it is Nepal that earns the distinction of being the first South Asian democracy to enshrine the commendable provision in its Constitution. Most countries still do not have such a constitutional provision. However, the right to information in Nepal is basically confined to the Constitution even after more than 15 years since its promulgation.

In the absence of a right to information act, government offices have been extremely reluctant to share information with the public. They have found the existing situation a convenient shield to plead that there is no guideline as to which information can be offered and which are to be treated as state secret. The right to information is something guaranteed by the Constitution; it is not just an ideal decorating the Directive Principles and Policies of the State. T he continued delay in introducing the relevant legal act shows the lack of political will on the part of those who have been in power.

Provision & Practice

The problem of constitutional guarantee is one of putting it into practice. Good governance, based on transparency and accountability, is essential for consolidating democracy, for which the flow of information should be smooth and extensive. News media, therefore, are expected to play a major role in creating a well-informed society. Nevertheless, the very first country in South Asia to have the right to information and progress is very slow to give life to the constitutional guarantee.

The framers of the US Constitution more than two centuries ago did not envisage the sort of revolution that the world of media would achieve, especially in the electronic media sector, in subsequent centuries. The American Constitution is not as specific as its Nepalese counterpart when it comes to the right to information. Unlike Nepal 's Constitution, the US document does not speak of any guarantee that newspaper licenses will not be scrapped or printing press seized for publishing materials that might not be to the government's liking. Yet the American media are functioning in such a manner that they have generally become a source of envy for much of the world.

Why so? Simply because the US emphasis is on both the letter and spirit of the relevant content in the text. The provision under the First Amendment that "Congress shall make no law... abridging the freedom of speech or of the press" has been found adequate throughout the centuries. In other words, active commitment is what makes the flow of information better than mere details devoid of practice. The right to information is not an exclusive preserve of media persons, although the mass media have a big advantage in reaching numerous people quicker than do others. The media shorten time and distance in disseminating information.

In India , the issue of freedom of the press had come up before the Constituent Assembly five decades ago. Some delegates discussed whether specific mention had to be made of press freedom and whether the expression "freedom of speech and expression" included the press. Dr. B. R. Ambedkar explained the position: "The Press is merely another way of stating an individual or citizen. The Press has no special rights which are not given to or which are not exercised by the citizen in his individual capacity. The editors of a press or the managers are all citizens and, therefore, when they choose to represent any newspapers they are merely exercising their right of expression and in my judgment no special mention is necessary of the freedom of press at all."

A well-informed society can contribute richly to development endeavors and understand issues better. Information in general should not be a private property of any ruling party. The Nepalese context is ridden with constraints. Locally originating regular newspapers can be found on time in only half of Nepal 's total number of districts. In the absence of very limited road and other access for speedy transport, distribution is a major problem for newspapers that are, as a result, largely confined to urban centres and district headquarters. National newspapers reach within 24 hours in only one-third of the districts, that too in a few urban areas. TV reach can be viewed from the fact that less than 20 per cent of the households have access to electricity.

Mechanism for issuing licences to operate radio stations and the terms of references issued by the government are issues that have created considerable confusion and uncertainty in the world of broadcasting in the kingdom. Despite the potentially powerful and vital rote that radio can play, broadcasting organizations in Nepal have faced various problems from all governments, thus affecting their services aimed at reaching out to listeners.

In the year 2000, efforts were made outside parliament to introduce a bill on the right to information. The Federation of Nepalese Journalists even took the initiative of making a draft for the same and handed it over to the Ministry of Information and Communications. There were hints that a right to information bill would soon be forthcoming. But, as subsequent events showed, nothing substantial happened in ensuring public access to information to a reasonable degree.

Popular participation can be enlisted on a large scale only if people are well informed. In a modern democracy, good governance is essential. Among the chief characteristics of good governance are transparency and accountability, elements that can be best ensured only when information is available abundantly and with maximum speed. Therein rests the significance of the right to information. Flow of information from different channels of communication, including the news media, can help promote a culture of responsibility, accountability and credibility at the decision-making levels. Such a development should start from top to bottom rungs of democratic and public institutions, among others . Text courtesy: Sounds Of Broadcasting

Accurate Information

When levying license fees, the existing regulations in Nepal make no differentiation, irrespective of whether an FM broadcasting station is of commercial orientation or community-based. In this regard, the Citizens' Media Commission of Pakistan has noted that "as community electronic media are specifically to be operated on a non-profit basis and in the public interest alone, the license fees to be charged to successful applicants should be a nominal amount that can be easily afforded by small, local organisations."

Public institutions should provide information sought by citizens as early as possible. The resultant information flow through the news media and other forums can be expected to help the members of society monitor decisions and developments in various sectors. In this regard, mass media can play a vita-1 role. However, partisanship in the news media continues to affect their credibility.

People's Review weekly ( February 11, 1999 ) cited a survey on the official media in Nepal to underline the need for independent media: "Noises of protest are beginning to be heard from one and sundry regarding unfair coverage of political parties, campaigns and other such activities by government-owned media. A private media study group established that, of 40 election-related items relayed by NTV (since the formal announcement of the third parliamentary election), the NC (Nepali Congress) was highlighted for over 35 minutes, the UML (Unified Marxist-Leninist) for a little over 8 minutes, with the (Marxist-Leninist) getting only one mention and the two RPP (Rastriya Prajatantra Party) groups being mentioned twice with less than two minutes of broadcast time. Sadbhavaana was not mentioned at all. Such discrimination is largely inevitable since the root cause is government ownership, an antidemocratic legacy of the Panchayat period which no government or party has been able to reverse although it is now nearly ten years that the country has experienced multiparty democracy!"

A good corporate governance structure is a prerequisite for privatization

Professor Bishwa Keshar Maskay

Chairman,

Centre for Development and Governance

Corporate governance entails a complex web of relationships within a firm or company and its connections to outside agents. All have a bearing on its operations and production. The management-labor function, technology, the owner-management relationship, government policies regarding the corporate sector, financial institutions, the work culture, social atti­tudes, or am• aspect of corporate life that have impacts on the goals and practices of manufacturing or service firms, can be brought under the corporate govern­ance umbrella. A11 of these relationships will have to be geared towards pushing the firm towards a set objective in order to fulfill their respective roles. Although to am- corporate observer this seems to be an obvious task, very few firms, or for that matter even countries, have been able to realize continuous success in corpo­rate governance. The recent Enron collapse in the United States demonstrates that a shining star in the business skies of the country with the highest standards of corporate governance may engage in dubious business practices and cause harm to its stockholders, customers and workers.

Unless there is a holistic approach to managing corporate affairs through appro­priate policies, an economy cannot be expected to meet the desired goals set by policymakers. In the absence of standard practices in the activities of companies, economic policies do not mean much to a nation. It is companies that meet the projected national production goals and it is they that pay in the form of taxes, for a large share of the government's operations. Since they are the conduits of policy implementation for the desired national objectives, their functioning needs to be smooth and predictable. In other words, standard practices acceptable to all create a climate for effectively working economic relations and make their own tasks more productive .

The recent history of the Nepalese corporate sector shows that this country is not an exception to the general rule. Nepalese policymakers have looked at the mod­ern corporate sector with a bias of one kind or the other, but never with the holistic approach. In the early 1960s, the corporate sector was hailed as a powerful medium of realizing social goals like redistribution. The more firms the better; and the more direct the government control of the corporations the more so­cially oriented the outcome. It was with such slogans that the Nepalese corporate sector got established. A market s% stem started coming into existence where there was none, but control of business activities emanated from ownership arid close supervision, rather than from a well-established code of corporate conduct.

As time went by, the same attributes that were praised for being socially correct and pro-poor started to be perceived as a huge burden on the economy capable of distorting the very foundations of the market. It is another matter that the market itself was the creation of these same corporations. It was found that instead of the poor, it was the bureaucrats who were privately benefiting from the existing corpo­rate structure. There was a need to professionalise the functioning of these corpo­rations so that they fit into the market mainstream that they themselves helped create. Some of their debilitative relationships with the market had to be shed. When the need for restructuring was indeed realized, public corporations started to be looked at as the black sheep of the market family rather than something that needed further nurturing through modest reforms.

As the 1990s approached, it was clear that policy-makers -wanted to bring about a fundamental change in the way we looked at the corporate sector. A good corpo­ration was one that responded to the needs of the market rather than to the redistributive needs of the national economy. Both were desirable goals and the trade-off between the two was not normally as severe as thought, if indeed it existed at all. Such lopsided exhortations by policies and policymakers distorted the existing problems and the solutions being looked for in the very initial stages.

Since the market is a global phenomenon, unlike national needs such as growth and redistribution, market forces made certain that the uncompetitive firms either faced extinction or had to downsize their activities for survival. Policies aggravated the situation through badly thought our plans for privatization of the public sector corporations. None of the privatized firms has been doing better than when they were in the public domain. In fact, some have folded up and others eerily coast along their previous courses. Those still in the public domain are withering away as policy hesitation and political interference in their day-to-day functioning continue unabated, in spite of the government's realization that such interference is the main reason for their not contributing to the set social goals. Now, the only hope for the Nepalese corporate sector lies in the hands of the existing private sector, which had some time to grow up in the shadows of the public sector corporations and in the market system they helped create.

Had corporate governance been in the initial agenda, rather than just ownership, or just efficiency, or bureaucratic interference, or even social goals, a more robust way of looking at the existing problems would have been the result. There exists a solution to each of these problems, if the national objective of the corpora­tions is the main focus. Instead, textbook analysis of minor problems, like the ownership structure, was resorted to and the V hole orientation of the corporate sector was geared towards solving those minor problems. This was a clear case for going for the tree at the expense of the forest. As a result, in the minds of the policymakers at least, the very raison d'etre of the corporate sector seems to have been lost. Bureaucratic intervention still runs rampant, although the ownership structure may have changed. Inefficiency is there, under capacity is there, the finan­cial burden is still there and all the problems that were identified before are still there, in spite of the privatisation. A good corporate governance structure is a prerequisite for privatization, but privatization alone, as a first step, is almost certain to fail.

Corporate governance runs beyond the ownership structure of a few firms, although they may be big firms. There arc areas like labour-management-govern­ment relations, social attitudes towards the corporate sector and its place in the national economy and the distribution of corporate benefits among the com­mon masses that need to be taken into account. Corporate governance is there­fore an agenda that goes beyond the finances of a country and reaches every aspect of a nation's life. More aptly, it encompasses the ability of policy makers to analyze the behavior of a whole population and make it bear the economic fruits of prosperity. Nations that have successfully done so have come out with flying colors in the field of corporate governance. Take the Japanese work cul­ture or American management methods or even the European ability to share successes within and across national borders. Had there been no attempt by policy makers to exploit the national strength in those countries, we would perhaps have no examples to follow on matters of corporate governance.

Nepal needs a lot of brainstorming to find out where the Nepalese strengths lie and how they can be exploited for the benefit of the Nepalese. The country's geographical barriers and economic backwardness are certainly obstacles to many of the solutions that might t work in other contexts. Corporate governance therefore provides a vast area of research and it has always remained on the policy agenda and debated in one way or the other ever since planned efforts began in Nepal .

Text courtesy: Author's book published in 2002, on Corporate Governance in Nepal-ed.