Role
Of
UNMIN
At a time when the elections for Constituent Assembly has been postponed for indefinite period and restoration of peace is elusive following the upsurge of new conflicts in terai, southern plain, the debate over the possible extension of United Nations Mission in Nepal (UNMIN) – which was given no
effective role except that of a witness in the last one year – has begun. With a mandate to monitor peace process and provide support to hold the free and fair elections for the CA, UNMIN was constituted a year ago by United Nations Security Council as a political mission. Despite appearance of several armed groups and complex political situation, UNMIN’s present jurisdictions limit its role as a mere witness. In this situation, what role the UNMIN, if its tenure is extended, will be given in the context of changing nature of conflict remains to be seen
By KESHAB POUDEL
Till a year ago, leaders of present seven party alliances, populist media, civil society members and Maoists, - all of them considered the presence of United Nations Mission in Nepal (UNMIN) as a panacea to overcome Nepal’s entire crises including holding the free and fair elections for Constituent Assembly and monitoring and managing of the Maoist arms.
From 12 points agreement - which was signed in Indian capital New Delhi - to the Comprehensive Peace Agreement and other agreements, Maoists and seven party alliances reached consensus to give UN Mission a role of guarantor of peace. Though the UN was given no role in political negotiations and dialogues,
seven parties endorsed the UN as a witness.
However, the situation seems to have changed now and even its role as a witness has become objectionable for many. Maoist leaders and civil society members are questioning the intention of UNMIN and populist media are now more concerned about the resources and facilities used by UNMIN and its employees
recruited arbitrarily and in non-transparent manner rather than positive contributions made by it under its limited jurisdiction.
Not only Nepal’s internal forces, Nepal’s two neighbors are also concerned about UNMIN’s activities. India, which backed seven party and Maoist proposal to bring the UN Mission in Nepal – has already expressed unhappiness over some of mission’s recent activities. India – which has high security stake
in Nepal, has already send its message that UNMIN has to limit its role under the present mandate as an observer.
According to News Front Weekly, a few months ago India had strongly protested against some top UNMIN official’s crossing over to India without informing their government to meet the leaders of Nepali Terai insurgent groups. India communicated to Nepal that UNMIN’s role should not exceed managing arms and armies of the government and the Maoists and observing the elections.
In his recent interview given to Nepal Weekly, Nepal expert in China professor Wang also revealed China’s view on UNMIN. “As a Chinese scholar, I can say it is best for Nepalese to solve their internal problems by themselves without involvement of foreigners. So far as UNMIN’s role is concerned, its present mandate is more than enough,” said Wang.
The Brussels based International Crisis Group Policy briefing of 28, September 2007 said “the UN mission has ridden out criticism from both the Maoists and their opponents but faces challenges in fulfilling its mandate as well as calls to extend its involvement in the political process. Even if the elections take place on schedule, it will almost certainly be extended, not least to continue the arms and armies monitoring role that no other body can perform. Neither India nor China is keen for any expansion of its responsibilities, although the incentive of seeing a quick, clean exit might suggest acceptance of a greater role in facilitating discussion of security sector issues.”
Sandwiched between Asia’s two Juggernauts India and China, Nepal’s geo-strategic location is completely different than any country of the world. Working in a country neighboring with two such big powers, UN’s political mission has a very difficult job. Besides, one of the problems of UN is that it has failed to make a correct diagnosis of Nepal’s problems.
UNMIN’s Presence
Whether one likes it or not, UNMIN is a reality for Nepal and it cannot pack its bags just on the likes or dislikes of some leaders or individuals of political party. The global experiences of UN deployment are not very encouraging. Once UN mission is permitted to enter, it will be there for a long time to come. As UNMIN is yet to correctly diagnose Nepal’s internal crisis, its treatment cannot be expected to cure Nepal’s ills.
“UN mission cannot move on the whims of particular party or individuals. UN mission will be there till it fulfills its mandate,” said former Nepalese Ambassador to UN and ambassador designate to United Kingdom Murari Raj Sharma.
Despite voices of opposition, the seven party government is informally in consultation to write a letter to Security Council to extend UNMIN’s tenure. It seems certain that UNMIN will be there for at least another
year.
”As Nepal’s peace process is yet to complete, we want to continue UNMIN. The government will soon send its formal letter to UN security council,” foreign minister Shahana Pradhan told Spotlight.” We want its jurisdiction as was in the past to manage the Maoist arms and support for CA elections.”
UNMIN’s chief Ian Martin recently said in New York that Security Council members in discussion made very clear that they would give sympathetic consideration to a request from the government if such formal request is made.
The extension of tenure is merely a formality but the question remains how UNMIN is going to fulfill its obligation to help hold the free and fair elections and to restore the peace in Nepal.
“Until and unless a correct diagnosis is made, it is impossible to have a correct treatment. UNMIN has been working keeping in view the nature of conflict as an ideological one but the nature of the conflict has now suddenly changed into different categories, with tilt towards regionalism, ethnicity and fragmentation of Nepal into several parts. However, in totality, the nature of conflict in Nepal is neither ideological nor the aspiration for self determination. All these have been changing one after another. The real nature of conflict
has its origin in the conflict of regional/zonal nature,” said a political analyst.
As its role is just limited to manage crisis appearing in surface, the presence of UNMIN will have no effect to the people living in different parts of the country where extortion, abduction and inhuman killings are continuing.
After the postponement of elections twice and the sudden upsurge of new kinds of violent conflict in southern terai, relevancy of UNMIN, a political mission of world’s powerful body, is too fading away.
In the context of new conflicts, some argue that UNMIN needs broader mandate. If political leaders postpone the elections third time, would the UNMIN’s mere moral sanction be enough?
UNMIN lacks the mandate to go into root cause of conflict and find out a lasting settlement for peace. Even UN Secretary General’s Ban Ki-Moon’s special representatives Ian Martin in his recent interview proposed enlarged role and mandate for UNMIN in Nepal.
However, just like the presence of UNMIN is realty in Nepal, it is no more than a distant dream for anybody to think about enlarging the role for the UN body in the context of geo-strategic position of Nepal.
Series of Conflicts
Nepal has been going through a very serious political crisis one after another since more than half a century. The nature of this conflict has in its background a changing regional context. In this long crisis, Nepal has already seen five constitutions including the last one which was regarded as
the best constitution in the world and four different political systems.
From Gandhian Nepali Congress to regional based Ram Raja’s party, CPN-Maoists and now several brands of regional parties, armed rebellion has not been a new thing in Nepal. In the past, all armed conflicts ended without bringing any third party involvement.
This time, however, UNMIN came carrying a very big hope to resolve the conflict and bring stability and effective peace in Nepal. But the hopes ended soon. Now the situation is such that even after completion of negotiation between parties in conflict along with UNMIN’s involvement, the country is yet to see any respite from instability and violence.
“The nature of conflict was an outcome of a covert operation against Nepal’s independence in which UNMIN had no role to play to provide stability in Nepal,” said the analyst.
Whether the UN has role to play or not directly in this conflict, once UN is involved in a crisis and conflict, it is difficult to get rid of it. Unlike in the past, international observers, who might not speak the reality publicly, will learn Nepal’s reality now and know about the actual players behind the conflicts. With more
than 700 staffs both local and international, UNMIN has nationwide presence. From observing the armed cantonment to supporting elections officials, UNMIN is involved in different areas. Some UNMIN officials even approached armed groups in terai.
People-, who have been helplessly going through a pain of unrepresentative governance, see the presence of UNMIN as the witness of this tragic situation as something good. Though there has been no significant contribution of UNMIN in the normalization of conflict, at least as an international body, UNMIN has a significance in its role as a witness.
Experts argue that wrong image given to the UNMIN as a white elephant need to be corrected timely.
Change of Situation
United Nations Security Council Resolution 1740
The Security Council decides to establish a United Nations political mission in Nepal (UNMIN) under the leadership of special representative of the Secretary General and with the following mandate based on the
recommendations of the Secretary-General in his report.
a) To monitor the management of arms and armed personal of both the sides, in line with the provisions of the Comprehensive Peace Agreement;
b) To assist the parties though a Joint Monitoring Coordinating Committee in implementing their agreement on the management of arms and armed personnel of both sides, as provided for in that agreement;
c) To assist in the monitoring of the ceasefire arrangements;
d) To provide technical support for the planning, preparation and conduct of the election of a Constituent Assembly in a free and fair atmosphere, in consultation with the parties.
e) To provide a small team of electoral monitors to review all technical aspects of the electoral process and report on the conduct of the election
The tenure of UNMIN will expire in January 2008. The termination or extension of UNMIN will depend on a request from the government of Nepal.
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When UNMIN arrived, Maoist problem was their main agenda to deal with and holding the elections for CA was the basic priority. As soon as UNMIN has expanded the countrywide network, suddenly a conflict of completely different nature has erupted in southern terai which consists about 45 percent of the total
population. Eventually, the elections for the CA were postponed twice.
“Although the UNMIN has made no positive contribution even as a witness of a situation, observers of multinational combination have assured the right thinking persons of Nepal that these persons would be the witness of the whole covert operation against a peaceful country like Nepal,” said the analyst.
If UNMIN’s officials think the new conflict is not within their terms of reference, people will now start asking what then is the use of them remaining here?
What one can think of their role in the future? In the eyes of seven party ruling leaders, common people in Nepal and the rest of the world, they are still no player to be watched.
ICG writes that despite public snipping (based largely on the perception that a sizable budget by local standards is not reflected in immediate achievements), UNMIN has built and retained credibility with key political players.
“Persons leading the UNMIN might have understood well that the source and purpose of conflict is the same though its means and ways are changing to create a “smoke screen.” Unfortunately, persons in UNMIN neither take it up as an issue nor they can expose the real nature of conflict for it,” said
the political analyst.
One cannot expect a greater role from the UNMIN which had no role in the 12 point agreement and subsequent several agreements signed between major parties. “UN was unable to penetrate any time anywhere in the dialogues and negotiations between parties including Maoists. UNMIN was always kept away from the crucial meetings and agreements. From the very beginning UNMIN officers were put in complete dark in vital decision taking moments, though the UN officials had been given a ceremonial welcome and photographic session with prime minister and all other prominent political leaders,” said the analyst.
It does not matter what kind of constitution Nepal has in the context of peace and stability of this country As long as the whole region is in turmoil, for smaller countries of this region, stability will remain a wishful
thinking.
“UNMIN should have more meaningful role so that the success story of Cambodia and East Timor could be replicated in Nepal also.” said a senor official with UN “If there are deficiencies in its mandate for UNMIN to play effective role, that should be corrected and there should be an effective mechanism to ensure the implementation of its mandate and effective monitoring of the implementation of Comprehensive Peace Agreement.”
As one year tenure of United Nations Mission in Nepal (UNMIN) comes to an end, debate is on regarding the extension of its tenure. Unlike in its initial year when Maoist was a major factor of conflict, now there are several armed outfits in southern plain. What role the UNMIN will have in the changing nature of conflict is a matter of question.
Unlike other parts of the world, Nepal’s geo-strategic position and presence of two powerful neighbors cannot allow UN’s unlimited presence.
