Try again

Three days of secretary level talks between Nepal and India have just ended in New Delhi without making any real headway. The Nepalese team led by Secretary at the Foreign Ministry Narayan Shumsher Thapa had gone to the Indian capital with the express intention of taking up the question of reviewing the l950 Treaty of Peace and Friendship between the two countries so as to set the tone for more mature relations in future. This treaty has become increasingly anachronistic, and is seen in political, academic and lay circles in Nepal as unequal. A treaty that speaks in terms of strict reciprocity between two countries that are vastly unequal in size cannot but be unequal. Some other formula should be put in place to reflect this geo-political reality without at the same time compromising on the principle of sovereign equality between countries. But strict reciprocity has to go. Another outdated feature of the existing treaty is the provision on mutual consultations over questions like arms purchases from or hostilities with third parties. It was this provision that Nepal fell foul of in Indian eyes in the late l980s, triggering over 15 months of economic blockade. While acknowledging Indian sensitivities about its own security, Nepal’s destinies cannot be governed by those sensitivities. In any case these provisions have been honoured more in the breach than in the observance as far as India’s own conduct is concerned.

Apparently none of this figured - or figured seriously enough to merit notice - during the talks in New Delhi. India is reported to have responded "positively" to the idea of a treaty review, but has also requested more time for discussions. It could be nothing more than another ploy to buy time. The matter is to be taken up again in the next six months when the two sides meet in Nepal. There should be no let up from our side. It took the Nepalese government a lot of time just to bring up the question of treaty review at the requisite high level. Credit for this should go to the late Man Mohan Adhikari but the then Foreign Minister Kamal Thapa also merits mention as he had officially handed over a proposed draft of a possible new treaty to replace the existing one. The foreign secretaries of Nepal and India trying to accomplish a treaty review is a bit too far fetched. It has been tried unsuccessfully in the past. If the prime ministers of Nepal and India are sincere in this matter, as they say they are, they should set a firm time frame to accomplish the task and the starting base could be the Kamal Thapa draft that is probably gathering dust in New Delhi.

Not that the talks in Delhi were totally useless. They did cover a range of issues and came at a time when mutual ties have been soured by a spate of incidents including the Hrithik Roshan affair, the untoward remarks about Nepal supposedly made by a senior BJP figure, the quarantine imposed on Nepalese exports to India, rising violence against ethnic Nepalese in north-east India, and very recently, reports of Indian troop movements on the common border.

These come on top of long standing issues such as the presence of Indian troops at Kalapani. There are grouses on the Indian side too including the alleged flooding of Indian markets with cheap Chinese goods coming through Nepal. Many of these concerns were voiced at the Delhi talks. That no joint statement was issue at the end of the talks indicates that things did not go entirely satisfactorily. Further talks are needed for to sort out all these matters, and in particular the l950 treaty.

Armed police force, another version of TADA

By Praveen Upadhya

Although national liberation movements do resort to terror, several feature distinguish them from terrorist groups. The former organize the masses, for example peasants who do not own their own land, whereas the latter tend to be narrow-based. While national liberation groups tend to originate in rural areas, terrorists crop up in cities. The former are led by renowned individuals who have great appeal, but those who lead the latter are normally anonymous. A liberation movement tends to carve out rural areas as "liberated territory" while the terrorists hide in an urban environment. The former is a serious threat because it may defeat the government, but terrorism constitutes only a series of irritating pinpricks and is not likely to succeed. Nevertheless, given the multiplicity of causes, terrorism is increasingly resorted to by desperate or angry individuals and groups anxious to publicize their grievances and aspirations.

The widespread slogan, "to get rich is glorious" appeals to the Chinese. "Marx died 100 years ago" says Beijing’s People’s Daily. There have been tremendous changes since his ideas were formed. So we cannot use Marxist and Leninist works to solve our present day problems. China’s late leader Deng Xiaoping said it did not matter whether a cat was black or white, (communist or not), as along as it could catch mice.

Just to recapitulate, in the coming month of Fagun the Maoists will complete five momentous years of their People’s War. Since five years have passed, about 1,500 deaths have occurred and there has been untold economic and social cost to the Nepalese, this is an opportune time to analyze very seriously the government’s response to the Maoists and why it has failed to restore normalcy to the country, giving the people hope of peace and security. The conclusion can be drawn that the police have failed to control the insurgency, and there is no military solution to the crisis. Pursuing that option will unnecessarily destroy the country, and may ultimately cost us our sovereignty.

Against the background of the increasing Maoist insurgency and the ordinances for forming the Armed Police Force (APF) and Chetrapals or regional governors, the Home Ministry issued a very urgent notice on January 26 urging all individuals within the Kingdom of Nepal who are in possession of arms and ammunition without having fulfilled the necessary legal procedures to submit the same within a month to a nearby police post, the District Police Office or the Royal Nepal Army barracks on a compulsory basis as they will otherwise be subjected to the utmost punishment under the law.

Under the Armed Police Ordinance 2057 promulgated by His Majesty the King on January 22, 2001, HMG will be able to mobilize the armed police force to control armed struggles, armed insurgency, terrorist activity and religious and communal riots taking place or likely to take place in any part of the country.

This ordinance came with the consent of the Council of Ministers to immediately institute the armed police force and make arrangements for its functioning since Parliament is not in session at present. The ordinance moreover states that the armed police can be mobilized for supporting rescue work in any part of the country at times of natural calamity and epidemics, in rescuing Nepalese citizens or other nationals if they are abducted, controlling crimes of serious nature and disturbances of high magnitude and pre-empting such incidents, and ensuring security at times of parliamentary and local elections. Some opine that the ordinance is like India's TADA a few years back, which was not tabled in Parliament for democratic reasons.

The Armed Police Force will be under the command of the Inspector General of Armed Police, and it will have its headquarters in Kathmandu valley. The question of coordination with the police and the military will come up once the ordinance is implemented in full. Meanwhile, a Central Security Committee, headed by the Home Minister or the State Minister for Home Affairs, will be formed to provide necessary suggestions to the government for all other purposes. The Central Security Committee will have the Chief of General Staff of the Army, the secretaries at the Ministries of Defence and Home, the IGP, the IG of Armed Police and the Head of the National Investigation Department as members. A joint secretary at the Home Ministry will serve as member secretary of the committee. It is not clear why the secretary himself has not been assigned to this post. It is learnt that the armed police will have better weapons than the regular police, but not as good as those that the army uses. This means, as PM Girija Prasad Koirala said to a weekly, the armed police force will operate somewhere in between the police and the army. The ordinance proposes regional security committees headed by regional administrators to maintain law and order in the regions.

His Majesty has also promulgated, in accordance with the Constitution of the Kingdom of Nepal 1990 and with the consent of the Council of Ministers, the "Local Administration (Fourth Amendment) Ordinance 2057 BS" to immediately amend the Local Administration Act 2028.

Interestingly, some people here are of the view that Koirala wishes to follow panchayat style administration by introducing Regional Commissioners along the lines of Zonal Commissioners. These Regional Commissioners are to be stationed at Regional Headquarters, viz Dhankuta in the Eastern Region, Pokhara in the Western Region, Surkhet in the Mid-Western Region and Dipayal in the Far Western Region. The regional administrators to be known as Chhetrapals will be special class or secretary-level civil servants. Ten years after the end of the Panchayat era, Koirala has at last realized and categorically said in the public that the Panchayat system of Zonal Commissioners was good and scientific. Some are of the view that one should wait and see whether Koirala feels that the Zone of Peace (ZoP) proposal, already recognized and endorsed by over 116 countries, is also relevant and good. The ZoP was removed from the new Constitution of Nepal without any proper justification.

The promulgation of an ordinance to established an armed force to contain the Maoist insurgency and the ordinance to amend the local administration act has pave the way for the Koirala government to raise the Rs 3 billion paramilitary force. The raising of a whole new armed force to combat the Maoist insurgency can only result in further loss of human life.

The Maoist-friendly vernacular, Janadesh has been quick to remark that the Girija government has come up with two ordinances- one on the setting up the Armed Police Force and the other on the establishments of regional governors. While on the latter it has accused the Nepali Congress government of following in the footsteps of the authoritarian Panchyat system, on the former it makes the point that the government chose very deliberately not to seek parliament’s approval, although both decisions had been arrived at two weeks before the last session of parliament ended. The weekly further says that the Maoist leadership is not "overly concerned" over these measures. It, however, says the government is inviting "Civil War" in the country very soon. A very important thing about the raising of the new force is the scarcity of resources and how taxpayers' money will be spent. The raising of the new force means that the government will be on a spending spree. Barracks will have to be constructed, rations will have to be provided, arms will have to be purchased and so on.

Bhattiwalla’s forecast for 2001

By Deeleep Dhakal

My friends and fans, you might have heard the name Bejan Daruwalla of India, who claims himself the most read astrologer, worldwide. But I am his guru, Sajjan Bhattiwalla. Pupils say that I am the most-red astrologer old-wise. The reason you know is wine. Today, I have with me the astrological forecast of our country for the year 2001.

First, let us determine the zodiac sign of our country. Let’s go for sunshine for it’s jolly cold here. I don’t know when Nepal was born, but I think it was July. Then it’s Cancer. As the sign is cancer, you can guess it’s future.

As the moon is sextile to Saturn, pry-ministers in this country will prove to be really sinister. In Vebruary of this year, possibly they will try to sell Nepal to the brothels of Mumbai. But in the month of Heptember, NGOs like Lyaiti Nepal and XYZ Nepal will be able to risk you.

Khaoists in the country have a bright future ahead. More Pados and Pazeros will splash the mud on our clothes.

All twelve months of the year will be like Tihar. There will be firework displays across the country.

More and more Taoists will enter the country crossing the Himalayan border to strengthen social and cultural harmony. The Nepse sheer index will reach a record high, as Thelawallas, Rickshawwallas and beggars in Pashupati all become interested.

There will be a historic social boom as radios and tellies across the country holocaust eastern values 24 hours a day.

The Kathmandu Metro-pollutant Corporation, in association with the Nepal Tourism Bored will bring the dislocated Tangas from Birgunj to the valley to attack more tourists. Sex education will be so effectively propagated, that every school-going boy will have a condom in his bag. Diseases like AIDS will vanish from society however virgin boys and girls will become a myth. MTV culture will become the mainstream culture.

But I have forgotten one thing. The much-discussed abortion bill in parliament will be aborted because a cowboy from the Texan prairies will threaten the exponents of abortion.

In the year 2001, each and every right of an individual will be respected. A new law in the country will come into effect by which people have the right to loot and to retaliate. This will be done in an attempt to reduce the burden of the courts and the police.

To avoid question leakage and corruption in academic examinations, each student will have the right to set questions for himself and mark his own copy, though the final score will be monitored by an external body.

There will be no need to go to banks to cash cheques as every one will have a separate bank and personal finance company at their home. So, to sum up, the future of the country looks bright. Friends, after reading this, you might need some private counseling on your problems. For that I have my web address - w3.sajjanbhattiwalla.com

Press freedom in the context of FM

By Shama

Considering the emergence of a highly educated middle class in global society and the spread of parliamentary democracy, global mass media will gradually become an institution similar to the mass media in any domestic society. Technological development and capital availability will make it possible for this institution to become a powerful actor in global society. Contrary to this, Frequency Modulation, which has a limited reach, is of paramount importance for developing countries and a least developed country like Nepal. FM transmitter wattage ranges from 100 to 10,000 watts. Among the FM license holders in Nepal, six, viz Radio Nepal (state run), Radio Sagarmatha, Kantipur FM, Image Channel, Kathmandu Metropolitan City, HBC and Hits FM are in Kathmandu. Some of these are operational while others have already closed. Lumbini, Madan Pokhara, Creative Eyes, Koshi FM, Birat FM, Pokhara Multipurpose and Annapurna FM are in Rupandehi, Palpa, Hetauda, Biratnagar, Morang district, Pokhara, and Pokhara respectively.

Anyone born to a liberal tradition believes that there must be a diversity of views and news sources - a "market place of ideas" - from which the public can choose what it wishes to read, hear and believe. Right conclusions are more likely to be drawn from a multiplicity of tongues than through any kind of authoritarian selection. The press must be independent of the government, not an instrument of authority, so that it can report and expose abuse of authority at home and abroad.

The right of the press to report, comment on and criticize the government without retaliation is comparatively rare in today’s world. A free and independent press enjoying the freedom to seek, receive and impart information and ideas is found only in a handful of nations.

Even in these countries, the press has come under the ownership and control of press barons or conglomerates that have money making rather than maintaining a free flow of ideas as their primary aim. That may be the reason PM Girija Prasad Koirala said that the press in Nepal is falling into the hands of tycoons, and hence, there was a danger that the real press would be in a shadow. This will further aggravate the problem for democracy and development. Last December, Koirala lashed out against business tycoons owning private media companies, saying that the trend towards commercialization of the media would pose a serious threat to democracy. As the media are critical of the government’s shortcomings, it was a warning to publishers to tone down their criticism. The larger and more professionally organized media, which are critical of the government’s shortcomings, are in that category.

A newspaper derives its revenue from advertising and circulation. In the consumer societies of the West advertisements fill up a lot of space in newspapers. In Nepal, the bulk of advertisements emanates from the government and the public sector through tender notices. Illiteracy, low per capita income and poor communications are serious obstacles to circulation growth. The cost of a monthly subscription to a daily newspaper is equivalent to a week's average earnings in Nepal, where the per capita income is $ 210. The readership is very small. In such a situation, FM’s role in broadcasting news from the print media is commendable. The present circular to FM stations to stop their news broadcasts has been taken by many pro-democrats and information specialists as a regressive step. The government’s decision will surely be subjected to criticism in the upcoming parliamentary session. The Parliamentary Communication Development Committee (CDC) has directed the government to refrain from any attempt to control the private-run FM radio stations. The government should not act with any intention of controlling FM stations. The Ministry of Information and Communications’ decision bars private sector FM stations from broadcasting news collected from their own sources.

However, the government version is that this is not censorship. Its concern is only for making the media more accountable. Besides, nowhere in the world does FM radio collect information through their own sources. While a number of FM stations immediately complied with the government’s directives, some are not doing so. Interestingly, the Paris-based Reporters Sans Frontiers (RSF), in a letter to Communications Minister Jaya prakash Gupta, protested against the government’s move to ban private radio stations from broadcasting their own news programmes. In a press release on19th January, 2001 it stated among other things that even though the broadcasting licenses given to those stations provided for this restriction, the authorities have until today shown a degree of tolerance. "RSF sees this decision as a negative step backwards, which represents an attempt to limit press freedom by depriving the Nepalese population of independent news. RSF asks the minister to go back on his decision and condemns all pressure on the private media.

To sum up, it seems that the government is clearly ill at ease with a free press and is trying to go backwards in terms of a free press. The circular to the FM stations was one step in that direction. Concerned private sector operators and the public in general, who can’t afford the print media, should be aggressive in protesting such activities by the government.