Respect human rights

The underground Maoist insur gents outdid the government in the number of incidents related to human rights violation during the past one year. A press release of the Informal Sector Service Center (INSEC) Nepal condemning the attacks on police stations made that public the other day. However, the report on human rights violations prepared by INSEC came out only after the attacks by Maoist guerillas that left over seventy police personnel dead at Rukumkot and Naumoole. The Maoist rebels have, whether they are succeeding (or not) in establishing a new regime, clearly stepped up their terror campaign against the present establishment. And the police personnel maintaining law and order in remote parts of the country and innocent and poor people, who struggle for two square meals a day, have been the victims. The Maoist raids at Naumoole and Rukumkot police stations have also thrown the law and order situation into a state of uncertainty.

INSEC’s Report 2000 states that there were in total 624 killings by the Maoists last year in different parts of the country — 479 males and 145 females. In addition, the government forces killed 202 people, including 11 females, in fighting against the insurgents. More than 203 people have disappeared from Maoist custody, while the government was responsible for the disappearance of 48 people. This also indicates that the Maoists have outdone the government in human rights violations. Amnesty International has slammed the Maoists for their attacks on police stations that left almost one hundred dead within a week. This is the first time an international human rights group has condemned the Maoists in such strong words. The incidents at Dunai, Rukumkot and Naumoole clearly underline the fact that the Maoist insurgents have adhered to no minimum international humanitarian standard in their people’s war. Had the Maoists respected basic human rights, perhaps they would not have separated eight surrendered police personnel at Toli, Dailekh and then executed them. It is also true that the number of innocent people held captive by the Maoists has increased in recent months. What is sad is that they have neither allowed relatives to communicate with the captives, nor have the relatives been informed about their whereabouts.

Incidents related to human rights violation in Nepal have shot up since the Maoists began waging their war against the present establishment. For this unfortunate state of affairs, the Maoists alone cannot be blamed. The government has also arrested, tortured and killed innocent people. Besides, it has failed to inform the relatives of those arrested during encounters with the Maoists. The Maoists in the past called for the application of Geneva Convention provisions governing the conduct of war to their own people’s war. This the government has not conceded as it would imply formal recognition of the Maoist movement. But the Maoists must realize that, Geneva Convention or not, their disregard for basic human rights in the fighting with government forces is no longer tolerable.

Hurdles ahead of refugee repatriation

By S Chandrasekharan

What is surprising is that during the 10th JMC meeting both Nepal and Bhutan conveniently skirted the issue of those who were forced to "voluntarily" give up their citizenship and move to Nepal. They would form nearly 60 percent of the total population in the camps, and their citizenship is not an issue either because they were citizens of Bhutan before they were forced to leave or are accepted as such. After seven years of uncompromising position in the bilateral negotiations, HMG Nepal seems to be resigned to categorizing the refugees into (1) Bhutanese forcibly evicted, (2) Bhutanese who left the country after signing "voluntary" migration forms, (3) Non-Bhutanese, and (4) Bhutanese with criminal records.

There are many hurdles for the Bhutanese refugees in the days to come. The policy of HMG Nepal, the mind-set of the Royal Government of Bhutan towards the problem and the inter-play of regional politics and international diplomacy--either singly or in combination --could expose the refugees to unprecedented political risk.

First, though not linked directly to the refugees, the induction of the "Citizenship Amendment Bill" by Nepal’s Legislature on July 28th 2000 has a caveat for the Bhutanese refugees. Clause, 4, Article 9 of the 1990 Constitution of Nepal stipulates that "the acquisition of citizenship of Nepal by foreigners may be regulated by law, which may inter alia, require the fulfilment of the following conditions: (a) that he can speak and write the language of Nepal; (b) that he is engaged in an occupation in Nepal; (c) that he has renounced his citizenship of another country; and (d) that he has resided in Nepal for at least fifteen years." The Citizenship Amendment Bill has reduced the required residence period to ten years, which if approved by the upper house and the King would make all 100,000 Bhutanese refugees in the camps eligible for Nepali citizenship by 2002. Although the amendment is intended to address the long standing citizenship issue of the Terai people in Nepal, it would neatly solve the problem of at least 60,000 Bhutanese refugees, who were coerced into signing "voluntary" migration forms, while at the same time keeping all the parties - the governments of Bhutan, Nepal and India - happy, leaving the poor refugees in the lurch.

Second, there seems to be a strategy on the part of the Royal Government to divide the Nepali Bhutanese community. Once Bhutan’s foreign minister, Dawa Tshering, said in an interview to the foreign press that the Royal Government would consider taking back the people of Mongoloid origin provided they agreed to adopt the tradition and culture of the mainstream Buddhists in Bhutan. Reportedly, some of the refugees from the Gurung and Magar communities have converted into Buddhism, and one Robert Cooper, a field officer at UNHCR in Jhapa from September 1996 to June 1998, prepared a list of 3,000 people belonging to the "Neo-Buddhists" communities and handed it over to Bhutan without Nepal’s concurrence. The UNHCR headquarters had called back Cooper to Geneva upon the complaint of HMG Nepal. This seemingly moribund issue could easily be a major problem during or after the repatriation since it would be easy to instigate pliable individuals to jump into sub-ethnic issues, which are non existent at present in Bhutan.

Third, the presence of militant groups namely, the United Liberation Front of Assam (ULFA) and the National Democratic Front of Bodoland (NDFB) is Bhutan’s other major problem. The Bhutan Assembly in its 78th session passed a resolution that military force should be used to evict the militants from Bhutanese territory if peaceful negotiations failed. There are allegations from an official Bhutanese source that ULFA and NDFB militants are supporting the Nepali Bhutanese. There is no evidence of the Nepali people either inside or outside the refugee camps seeking the support of the insurgents. On the other hand officials of the Bhutan government have been frequently visiting the camps of the insurgents ostensibly for the purpose of persuading them to leave Bhutan. For the past one year and a half, talks have been going on between India and Bhutan on joint military operations for flushing out the militants from south Bhutan. As this operation is being delayed on the pretext of negotiations with the militants, rival factions of the militant groups have began to be vindictive of the Royal Government alleging it to be a sympathizer with the ULFA and NDFB.

On December 22nd a bus travelling from Samdrup Jzongkher to Phuntsholing was attacked by militants of the Bodo Liberation Tigers (BLT) at Kokrajhar and Nalbari districts of Assam killing 15 Bhutanese in cold blood. The BLT has issued an ultimatum to the Royal Government to begin flushing out the ULFA and NDFB militants, failing which would invite its wrath in Bhutan. Unexpectedly, this has emerged as the greatest security threat to Bhutan since the Bodo population inhabits all along the 266 km long Indo-Bhutan border from Kalikhola to Daifam. The King of Bhutan has been touring the country in the past months seeking people’s approval for undertaking a military operation against the ULFA and Bodo militants in Bhutan. The returnees from the camps are likely to be the cannons of the Royal Government if it really undertakes a military operation against the ULFA and NDFB alliance, which would be an opportunity as well as a challenge.

Undoubtedly, the international initiative led by the United States of America for the resolution of the refugee problem in Nepal is a welcome step. Nevertheless, it is a long way to go before achieving an amicable solution. First, the land owned by the refugees in South Bhutan has already been distributed, complicating the actual process of repatriation. Second, the two governments have not clarified the status of the people who have been coerced to sign the "voluntary" migration form, leaving a gray area of those who can or who cannot return to Bhutan, and third, Bhutan is yet to come up with appropriate strategies on how to handle the presence of ULFA and NDFB militants in south Bhutan.

Invariably, Bhutan needs India’s assistance and cooperation to solve both the refugee issue and the ULFA-NDFB problem, and India’s involvement is rightly a foregone conclusion, which the refugee leaders have reiterated time and again, and for which the Royal Government is yet to make a decision.

( The author is director of South Asia Policy Analysis Group, New Delhi)

Superb visual fallacy

By Pragya Karki

Iam in the streets of Kathmandu and enjoying my walk. No mask to cover my aquiline nose nor a handkerchief around my mouth wrapping my painted lips. The roads of Kathmandu are very clean and polished. They are wide with enough space for pedestrians as well as for vehicles to move along. The four wheelers plying the streets are all environment friendly. Those old dilapidated means of transportation are totally banned.

Wow! I breathe the fresh air. "Pollution?" This very word does not exist for the people of Kathmandu. Foreigners from different part of the world visit this Himalayan kingdom to enjoy panoramic views and to inhale fresh and hygienic air in a pollution free environment.

What about those mini-hills of garbage? Very simple, the garbage is now properly dumped. Domestic as well as industrial waste is categorized as per its nature, followed by various processes like recycling, grinding, crushing, etc. As a result, we get fertilizer of the best quality for this agro-based country. We no longer suffer from any scarcity of fertilizer nor does it have to be imported from a neighbouring country.

"Clean, Green, Healthy Kathmandu," is not limited to an ear-soothing slogan. It is real. You can see it wherever you go. The Ring-road belt is a perfect example of a long avenue for you to take a pleasant drive. There are ample parks, playgrounds, recreation grounds for the lively people of Kathmandu. Travellers on the road are much more civilized because of the public lavatories that are cropping up day by day. There is no time for people to sit idle by the roadside and pass nasty remarks on passers-by. Most of them are employed and those who are not are also utilizing their skills, talent and above all their boundless energies in productive fields.

I peep in at public offices. My God! Complete change in the working environment and the attitude of the people. It is most hard to find anyone sitting idle, taking a short nap and leaving chairs empty. The staff are busy working because they know that of all resources, the scarcest is time. You need your files to be approved, checked, signed or any other official matter to be seen to. Be happy, no need to wait for months and months. The staff believe that procrastination is the thief of time. "Under the table?" The staff don’t understand what you mean. They keep dustbins under their table and nothing more. Nepal, "heaven on earth." There are no bandhs, price-hikes, indecent assaults, terrorism or other crimes. None at all. How can such malpractices exist in the birth place of Lord Buddha?

Well! What’s going on? I see a big crowd and my burning curiosity takes me there. I see a police van racing along with its siren wailing. A black limousine is behind the van. There is a lady inside it who is a stranger to my eyes. She looks promising and energetic with a radiant face. Indeed, she possesses a dynamic personality. The gentleman standing by my side shouts, "there goes our honourable Prime Minister." What? My mental powers seem to be at a standstill. So, after all she is the one behind these drastic changes in this sandwiched country of ours.

Just then a shrilling sound hits my tympanum. I open my eyes and find myself in bed. I immediately shut down my alarm clock and try my best to fall asleep again wanting to prolong my wonderful dream.

Milk holiday and its present cure

By Heramba B Rajbhandary

For the first time in the history of Nepal, increased milk production has been a problem. What a big surprise to those who had experienced Nepal’s milk market of the 1970’s and 1980’s. Those days one could hardly imagine such a thing as a Milk Holiday taking place in the future milk market of Nepal.

The government, especially the Ministry of Agriculture (Department of Animal Science), concerned donor agencies, financial institutions and the speedily upcoming private dairies should be congratulated for having created conditions favourable for the farmers taking up dairying as a potential source of cash income and rural employment.

One could hardly ever have imagined such a volume of cash flow from the urban population to the rural community - the annual cash flow from the existing dairies of Kathmandu Valley alone to the rural community has reached up to 8.5 billion rupees as the value of their milk supply. One could never have imagined such a mass of gender based and poverty based employment of over 130,000 in the rural community by virtue of the milk market in Kathmandu Valley alone.

But the paradox is that the same poor farmers, their Cooperative Unions and their organizations have in recent days built up such political strength and power that they can manipulate and jack up the market price of raw milk supply at any time. The government-owned Dairy Development Corporation (DDC) occupies a little over 50 percent of Nepal’s milk market. Once the DDC Price Fixation Committee could be manipulated under political pressure for the revision of milk purchase price, the entire market price followed the change as it has been the leading and dominating dairy in the country.

Last year the milk purchase price was revised by the DDC under pressure from milk cooperatives mobilizing political support on the strength of voter farmers. Raw milk purchase price should have been revised on the basis of cost of milk production determined at desirable efficiency level of production comparable to neighbouring countries. But the milk price was fixed looking only at the absolute cost of production. This was done just to assure benefit to the milk farmers. So the cost of production went up, providing a better opportunity for milk and milk products to come in from neighbouring countries and overseas.

This may have other implications such as political gain which has got nothing to do with the economics of the DDC nor with the dairy industry of the country. This has been a decision of a committee which has nothing to do with the consequences that the dairy industry in Nepal is facing today.

The net result is that processed milk and milk products became about 10 percent more expensive than in India. To aggravate this situation another 10 percent VAT was imposed this year on all processed milk products except pasteurized milk and curd. This made Nepal create a congenial environment for the import of all kinds of milk products like ghee, ice-cream, cheese, paneer as against the principle of import substitution and the usual practice of export of ghee and Nepalese cheese to Delhi, Kalkota, Varanasi and even to Goa and Lhasa. Thus it was made even possible to import a fast melting commodity like ice-cream under refrigeration not only from India (Vadilal, Walls) but also from as far as the USA (Baskin & Robins), Europe (Movenpick) and Australia. Similarly, varieties of cheese especially from France, Austria etc. are making their presence felt in the supermarkets.

Movenpick said recently through their Marketing Manager: "We are here to make our presence felt because Movenpick is not what ice-cream is, it is what ice-cream is not" declaring an "ice-cream war this summer" and warning all domestic dairies at the same time - "summer will never be the same again." This challenging statement has alerted domestic dairies engaged in diversification into various milk products like ice-cream, cheeses etc due to marginalization in the fluid milk economy in Nepal. In fact, the entire dairy industry in Nepal has been marginalized due to last year’s price revision which has today helped to heap up mountains of butter and ghee in cold storage. Nobody yet knows how they will move it out from the cold storage.

Had our decision-makers ever thought of such consequences for Nepal in their attempt to help poor farmers? Had they ever though that the domestic dairies would be loosing not only the export market but also the domestic market to the butter and ghee glut in their cold storage? What is worse, Nepalese dairies do not at present have any space for all the milk produced by farmers and are forced to declare a Milk Holiday time and again even in the dry month of Chaitra. A perishable commodity like milk the farmer can neither store for long nor dispose off quickly. Permit me to say that this is destroying the rural economy as well as the economy of the dairy industry in Nepal. Even the upcoming Skimmed Milk Powder Plant as a solution to the milk holiday has not been feasible half way. Who should be accountable for such consequences?

It is a general assumption that presumably a few customers could be easily carried away at the start by sophisticated imported dairy products. But soon they will realize the stark reality - that their best lies not only in sophisticated tastes but also on purchases that help alleviate the grinding poverty of the deprived poor. Perhaps that may be the reason why an unexpected rush for ice-cream is taking place in the most unlikely place like the Khasa market, Mahabaudha, even without any signboard and pre-planned strategy for sales promotion and advertising. If this is true, then Nepalese customers are quite intelligent enough to sense ‘what ice-cream is not’. Let us wait for summer to tell us what it is.

However, this emerging situation suggests that policymakers should shift taxes and VAT from domestic dairy products to the imported ones so that we do not become a dumping ground for any dairy product that comes in to occupy the market. To put it in simply words "VAT should be exempted for all dairy products produced in Nepal from local raw material." India has not imposed VAT on any dairy product manufactured in India, to give protection to the upcoming domestic dairy industry. Some import duty should be levied on any imported dairy product including ice-cream, ghee, butter, cheese etc. This could be a possible cure for mistakes made in the past.

(The writer is president of Nepal Dairy Association)