Editorial [ The Kathmandu Post (Nepal)]

Upping the ante

Chief justice Keshav Prasad Upadhyaya has just narrowly escaped with his life at the hands of assassins, and the country is rather stunned. In what is suspected to have been an ambush staged by Maoist insurgents, in Surkhet district some 20 kilometers east of Birendranagar, others were not so lucky including an appellate court registrar and the chief justice’s bodyguard. The incident stuns not just because of the rank of the person obviously targeted but also because of its audacity. It involved a series of explosions as a convoy of vehicles entered the ambush area, followed by gunfire from a nearby hillside. Although the Maoists have repeatedly attacked members of officialdom, apart from police personnel, this is the first time the judiciary has been singled out and also the first time someone of such rank. It inevitably raises a number of questions. It also marks the crossing of an invisible threshold of what is acceptable for civil society.

To take up the questions first, why are the Maoists training their guns on the judiciary, if indeed that is what they are doing? It could be because they don’t like the idea of the Special Court which the government has just set up. The stated objective of this court is to take up, among other things, precisely the kind of insurgent activity that the Maoists have made their hallmark. The Chief Justice heads the judicial council which selects the judges for the Special Court. The attack on the Chief Justice may have been the Maoist way of signaling their displeasure. The ambush could also have had something to do with the fact that the sixth anniversary of the "people’s war" is just days away. The authorities had been expecting some escalation of Maoist activity to mark the occasion. But they were not expecting an assassination attempt on Mr Upadhyaya. Or it could be they were simply gunning for someone of sufficiently high rank to make the point that they are upping the ante. That would fit in with a general design of pressing the insurgency closer to home against a ruling elite still smugly ensconced in the relative safety of the capital and its environs. Which raises a second question. Given the impunity with which the Maoists have carried out their attack, just how safe are our other public figures, and just how safe is travel up country for whatever purpose. The Americans might not have been so wrong in putting out a travel advisory for their nationals in Nepal to confine their movements to the Kathmandu Valley.

In this sense and otherwise, Chief Justice Upadhyaya’s close call does not make life any easier for our incumbent Prime Minister. For all one can say, he might well be next on the hit list. Even if he is not himself targeted in that fashion, his cup of woe is filling up nevertheless. He has shown himself to be thoroughly incapable of dealing with the Maoists, be that for reasons of intra-party wrangling or the shortcomings of the existing constitution. It may not all be his fault. But he does deserve censure as it was precisely for purportedly the same as well as two other reasons that he saw fit to engineer the ouster from office of his predecessor Krishna Prasad Bhattarai almost a year ago.

Some facts, not exaggeration

By Puran P Bista

Bir Bahadur Chhetri, general secretary of Meghalaya state Bharatiya Janata Party (BJP), indignantly spoke to me, last October, of Nepal’s policy towards India. Though he claimed himself an outspoken leader, what he said was: "Nepal never cares for India’s security because it harbors ISI-activists who are trying to destabilize India. When Rajiv Gandhi imposed an economic blockade on Nepal, Nepalese begged for their future, literally. Yet, Nepalis have not learnt any lesson from that incident. They, however, should learn that they cannot survive without India, not vice versa."

We were sitting along with an Assamese, the principal of Bhanubhakta Buddha Saraswati College at Gadhikhana in Shillong. This college was established after the 1987 riots when the Khasi Students Union (KSU) banned admission for ethnic Nepali students in Catholic and state run higher educational institutions. But why he had to say so, particularly at that point of time, mattered more to me than him.

There are two reasons behind what the BJP state secretary said: first, the presence of an Assamese must have compelled him to project himself as a genuine Indian citizen. That too at the cost of minority rights in a democratic country. The plight of the Nepali minority living for generations in the state, especially after the 1987 riots, has gone from bad to worse. He was aware of this fact but did not utter a word about it even though I repeated a question about this twice. However, he weighed his weakness at his own cost. Because blaming the state government would have cost him state leadership. So he dithered, to protect his seat.

But Bull Lyndoh, who was the KSU’s president and unleashed terror against the Nepali minority in 1987, later became an Agriculture Minister. Like Lyndoh, there were some political leaders who had directed the state police to evict the floating population of Nepali origin. Second, Indian media continued to feed them the line that Nepal has become the ISI’s anti-India launching pad. The hijacking of the Indian Airlines flight in December 1999 made ethnic Nepalis living in the state face racial onslaught both from local media as well as the people. They are now healing from that wound.

1987’s incident

Nepalis working in the coal-mines of Jawai district in Meghalaya were attacked by native Jaintias. Local political as well as student leaders backed by state police came out of their houses along with sharp knives, bows, arrows and other fierce weapons to attack the Nepali speakers. In that ethnic war, more than fifty children starved to death after their parents had to run for their lives leaving the children behind. This aside, there were four incidents of murder. "The reason was simple", says Umar Bahadur Rai, a retired principal of Gorkha High School in Shillong. "Nepalis were laborious, had better houses than natives and their children attended private schools. These the native Jaintias envied".

The rioting spread from Jawai district (where the first Nepali settlement dates back to 1875) to Shillong, the capital of Meghalaya state. Native Khasis of Shillong burnt the Gorkha High School down and attacked ethnic Nepali houses. Besides, Meghalaya state government even terminated the tenure of seven government school teachers simply because they were ethnic Nepalis. It is still hard for ethnic Nepali students to get into Catholic and state run colleges even if they score well in the state or central board. Such is the prevailing racial discrimination. At that time, the population of Nepali origin in the state was more than 135,000. Unfortunately half of them, especially the floating half, had to leave the state following a state government order due to ethnic clashes with the local Khasis. Today, the Nepali population in Meghalaya stands at less than 65,000.

That rioting rendered more than 35, 000 ethnic Nepalis homeless overnight. Most could not return to their homes because they feared the local Khasis. However, after an 18 month long ordeal at the capital’s refugee camps, some families left the state for Nepal, while some others settled down in Assam state where they had relatives. Today, Nepalis cannot purchase land in the scheduled areas in Meghalaya. Ninety-nine percent of the state falls under the scheduled category. Of the sixty state legislature seats, three are reserved for non-tribals. This clearly shows how some Indian states have designed laws to curb the political rights of ethnic Nepalis.

Media attack

At the time of the Indian Airline IC 814 hijack, CNN quoting India’s foreign minister Jaswant Singh, said Gajendra Man Tamrakar, a Nepali citizen was also involved in the hijacking. Zee TV showed an imaginary sketch of how Kashmiri militants had managed to get into the plane at Tribhuwan International Airport. Indian political analysts on Zee TV went to the extent of saying that Kashimiri militants walked about with arms in broad daylight at Thamel in Kathmandu. These comments were keenly watched by thousands of viewers across the sub-continent. Local media accused Nepalis in Meghalaya for helping the Kashimiri militants after the 1998’s hijacking. As a result, there were stray incidents of assault in buses, at markets and railway platforms targeted at ethnic Nepalis . Whether Indian political leaders are aware of this or not, there have been many news reports in India’s
national dailies advocating anti-Nepali sentiments.

It is not that New Delhi has not respected the Treaty of Peace and Friendship signed between Nepal and India in 1950. The reality, however, is that some Indian states have failed to recognize this Treaty. One such example of this is the Assam Accord signed between India’s central government and Assam state in 1987.This accord was signed in contravention to the Treaty of Peace and Friendship. If such an accord is signed directly undermining the five-decades old treaty, there are bound to be repercussions affecting the people of both countries. There have been incidents of rioting against ethnic Nepalis, particularly in northeast India. The Assam Accord was what triggered the ugly rioting of 1987 in Meghalaya state.

PM’s same old show

By Beena Kharel

The same old show is all set to go on. For he has emerged from the recently concluded Kumbh Mela as the winner, proving his mettle (and washing away all the sins?). With his failing eyesight hidden behind gold-rimmed spectacles, his lanky posture with a modest stoop, his glowing face (coated with the lotion of power and money) and his lightly quivering voice, he will continue to be the exhibit of numerous public programmes. And the most sought-after hero of NTV and Radio Nepal. Our premier’s blabbering will continue to hit the headlines.

But the show is not as hale and hearty as it might appear. The bombshell of the Lauda Air scam ticks on (only if the PAC continues to dig with the gusto it has demonstrated so far). The constant threats from the disgruntled section within his party, the daredevils in Dolpa, the mammoth task of pleasing the Big Brother in the south, and feeding his girl child will certainly bleed him white. After all, he has to discharge his fatherly obligations. Had it not been for her aging father, Sujata would not have thwarted her German hubby. It should be borne in mind that loyalty runs deep in the Koirala dynasty. But good deeds are seldom recognised. For all her sacrifice, she received only humiliation in Pokhara, and was "unceremoniously" barred from contesting for the Congress CWC membership. In all fairness, it must be noted that for the iron lady, who could ignore surreptitious glances and survive a Lauda Air crash, the manner in which she was disqualified from contesting for CWC membership must have been a silly joke gone sour. Poor Mrs Jost, there is only one fish to bite. Anyway something is better than nothing. Or, is it that the Shushma Memorial Trust is too little for her appetite?

Amidst all the peril, the PM will live on, a dignified life. He will survive the Lauda air grilling, with just a slight discomfort compared to his smooth sailing in the Dhamija episode. For our PM was born under a lucky star. And adventure came naturally to him. Remember the plane hijacking and bank robbery in the early 1970s? They were master minded for the cause of democracy, though. Perhaps, it was his knack for adventure that made the late BP Koirala entrust him with that audacious mission. BP seemed to have a great faith in him and lovingly nicknamed him Hawaldaar (constable).

Today the burning question is not how long this towering personality will govern the country but how much of the country will he rule? The power equation is grossly in imbalance. "One quarter" of this Himalayan Kingdom is on his plate and the remaining lump sum on the Maoists’. This is at least what a well-known US intelligence website is said to have concluded. If the opposition raises a racket, then our witty leader will resort to handy words. The terms "ultra-leftists and reactionary forces" will turn up, as usual, as a face-saving veil, only to be dumped after a press statement.

Even as the government and donor party dilly-dally with the Melamchi Water Project, Kathmanduites will relentlessly parch. And the ordeal of getting just a bucketful of water will be a permanent feature at least for the next decade or so.

The country will continue to top the world list for its high electricity tariff. Naive consumers will go on blindly buying the official inflation rate of 2.5 percent. Yes, the newly-mandated show with an old approach will go on. But could it be that he is actually standing on quicksand? Time will tell.

Some suggestions for National HRC

By Dr Shreedhar Gautam

The National Human Rights Commission has been established after a long and persistent demand. Now it has to do everything to make an impact on those who are used to violating human rights, especially the police and some of our own political leaders. It is expected of the Commission to foster among them a culture of good treatment and justice. This is a very vital point because on the one hand our political leaders have a colonial and feudal outlook and on the other hand our police uses the same third degree methods employed in the medieval age.

The Commission should be able to instill the fear in the custodians of law and order that certain things should not be done to human beings. The Commission can well argue that it cannot take upon itself the responsibility which should rest on the shoulders of society or the political parties. Still, it is expected to create a climate in which the men in uniform would act instinctively to protect human rights. In the recent case of Nepalgunj, where two prison inmates were killed and several others injured, the police should have been more careful in using force. It is now proved that there was no need for taking any extreme step to control the agitating prisoners.

It is high time the Commission got down to business with full seriousness. Of course, the Commission must be aware of the legal requirements and procedures, it should also note that it is not a law court. It is not sufficient for the Commission to be liberal while granting compensation to the victims of police excesses. It should see that punishment is meted out to the erring policemen and their officers. Otherwise it will make no difference if some amount is given to the victims as compensation without persecuting the responsible police officials. The Commission should try to strengthen the moral ethos. All cases and complaints brought to the Commission must be disposed of within a reasonable period and also to the satisfaction of complainants.

It is the responsibility of the Commission to make the police force more humane than before. If it fails to inculcate a sense of horror against police brutality in future, the Commission will have no relevance. The very purpose of the Commission will be defeated if professionalism is not shown while discharging duties. Cases relating to human rights violation should be taken up without delay. Delayed action encourages the perpetrators and dampens the morale of the victims. The Commission should take every possible step to stop cases of police tardiness and connivance by the authorities. It should intervene in such matters and must ensure that guilty policemen and authorities are given fitting punishment. The media should also pursue such cases vigorously. If this does not happen, the public will be forced to take the law into its own hand to punish the guilty.

Now, the Commission is in its initial stages. It has enough time to maintain its image as an impartial institution free from all sorts of political prejudice. So, it should motivate the police and make them feel obliged to bring the guilty to book. Similarly, it should try to prick the conscience of guilty persons involved in politics. The police or military should not be allowed to become an instrument in the hands of the rulers for carrying out arbitrary actions with impunity. An impression should grow among the police force and public servants that they should take ethics into consideration while discharging their duties.

Public functionaries as well private citizens also should display a degree of vigilance and a willingness to sacrifice with a view to preserving the fundamental values of a democratic society. During the Panchayat period many public functionaries forgot the dividing line between right and wrong or moral and immoral acts. During the same period forced disappearances and arbitrary executions were also reported, but no guilty person was a punished. Many people were picked up by the then government on suspicion of having links with the leaders of banned political parties. There were several cases of systematic human rights abuses. It is matter of great concern that the present situation of human rights in Nepal is not satisfactory. The Government does not hesitate to pass tough laws even if it is accused of suppressing human rights in the name of maintaining law and order. It has come up with an "Armed Police Ordinance 2057 B.S.", which gives the police and the administration wide-ranging powers in the name of combating Maoists terrorism. The government insists that it is completely justified in taking such a step to curb Maoist activity which it claims is spilling over into large areas of the western and central zones. Many champions of human rights say that the ordinance is a facade since all powers are already available to the law-enforcement agencies to act against those who have defied the constitution.

The new law will give the police wide ranging powers. The police, not surprisely, will welcome the additional powers as they have been the prime targets of the Maoists. Human rights activities say that there is no need for an additional law that has the potential to be misused against groups and organizations working genuinely for social justice. They have expressed serious apprehensions that the new ordinance, if it is turned into law, could be used against any group peacefully opposing government policies. The government should not be under the illusion that such a law could be slipped through quietly. On the other hand, the Human Rights Commission should be extra vigilant that any such law is not used to suppress peaceful protest activity in the name of putting down the Maoists. This new ordinance has come in the wake of the government’s decision sometime ago to institute a special court, mainly based on laws enacted during the Panchayat regime.

The ordinance was promulgated at a time when a regular session of parliament was due to begin very soon. The Government could have waited for some days to table the bill in parliament. The unnecessary haste shown by it reflects its lack of interest in solving the "Maoist problem" through dialogue. Now there is growing fear in the pubic that the nation could head towards civil unrest if the Government fails to show restraint in solving the problem faced by the country. It is in this light that the Commission has to play a double role. On the one hand it has to restrain the Government from exercising excessive force while maintaining the law and order. On the other it has to convince the Maoists that they too cannot resort to human rights violation in the name of the "people’s war".