Political guidance needed

The lop-sided trade balancem between Nepal and India will continue to be heavily in India’s favour given the manner in which the inconclusive third round of Nepal-India trade talks ended on Sunday. The only thing the two sides seemed to be able to agree on was that they have been able to "narrow the differences". India’s allegations of a so called surge in the export of certain Nepalese items needs proper definition. What constitutes a "surge"? Surely it is time Nepalese officials began asking this question. Surge does not and should not mean merely a steep rise in exports, as everyone knows. The very fact that India raised the surge issue at the behest of some Indian industrialists goes to show how things are being done, including matters relating to international trade, in an ad hoc manner not only in Nepal but in India as well. India has singled out five items for alleged infringement of the ill-defined surge net as if the Indians could not have foreseen the phenomenon when the treaty was signed. The offending list could surely increase in future as the export to India of other Nepalese items picks up. India’s gripe about the so called surge is, therefore, a forerunner of many more such Indian objections to come. The ever widening unfavourable trade balance vis-a-vis India, that has plagued Nepal for more than four decades, will continue to haunt and despoil our economy.

Nepal raked up a trade deficit of over 19.4 billion rupees with India in the last financial year. This growing gap must be narrowed if Nepal is ever to attain economic independence. Nepal’s total trade last financial year was to the tune of 170.63 billion rupees, of which exports to India and third countries accounted for just 57.24 billion. As far as trade directions are concerned, India continues to be Nepal’s largest single trading partner. The bilateral trade with India in the previous financial year was 73.96 billion rupees, with Nepalese exports accounting for 27.30 billion rupees while imports from India totalled 46.66 billion. Nepal’s trade with India accounts for almost half its total foreign trade. However, Nepal’s exports to India form a very small percentage of India’s total import. It is therefore unthinkable that India should have invoked the so-called "surge" clause in order to discourage exports to that country of some items from Nepal. Acceding to the Indian demand cannot but spell disaster for Nepal’s manufacturing sector and industrial growth. Trade talks are not a confrontation between two countries, they are a means to settle problems. The principles inherent in the 1996 treaty must not be compromised, for doing so would mean denting the very spirit in which the treaty was drawn up and signed. India, as a far bigger and more developed market, must be able to absorb some rises in exports from Nepal, whether they be in vegetable ghee or Himalayan herbs. Nepalese exports are too minuscule to make any difference to India’s overall import. Taken in this spirit without falling prey to the vested interests of traders and industrialists, and keeping in mind the nature and content of Nepal-India relations, there is no reason why the 1996 trade treaty cannot continue in its present form. It may help expedite matters if the needed guidelines for the bureaucrats are forthcoming from the political leadership of both countries.

Need for critical review of constitution

By Dr Soorya Lal Amatya

The constitution of 1990 was prepared by the Constitution Recommendation Commission with representatives from the Nepali Congress, the combined Communist parties and the royal palace and it was based on a general consensus of all the political parties involved in the movement for the restoration of democracy in this country. In the Preamble to the constitution, guarantee of basic human rights, consolidation of the adult franchise, the parliamentary system of government, constitutional monarchy and a system of multiparty democracy have been mentioned as inherent in the constitution. The constitution consists of 23 parts and has very good provisions on checks and balance between the executive, the legislature and the judiciary. There are provisions also for the Commission for Investigation of Abuse of Authority, the Auditor General, the Public Service Commission, the Election Commission and the Attorney General. The main objectives of these constitutional bodies are to safeguard impartiality, good governance, prudence, transparency of decision-making processes and proper execution of government policies and programmes.

The constitutions of the nations of the world are usually statutory as well as dynamic in nature and the Nepalese Constitution of 1990 also has similar characteristics. Human rights, adult franchise, parliamentary democratic system, constitutional monarchy and multiparty system are statutory parts of the constitution and cannot be changed through the normal process of constitutional amendment. The constitution is dynamic and the electoral constituencies can be cited as an example in this context. The number of seats elected to the House of Representatives from any district shall be, so far as practicable, equal to the ratio of the population of that district to the national population, as determined by the last national census preceding the election. The first constituency delimitation was based on the population census of 1981 since the population census of 1991 had not been officially published. For the mid-term national election in 1994, the constituency number and delimitation of election constituencies had to be revised on the basis of 1991 census. So the number of constituencies in nineteen districts had to be changed for the mid-term election. The electoral constituencies for districts with more than two constituencies have to again be determined for the forthcoming national election to the House of Representatives on the basis of the population census of 2001. But irrespective of population, each district will have at least one seat in the House of representatives. The articles and provisions of the constitution can be changed through the normal process of constitutional amendment except for article 19 on the constitutional amendment. Amendment and dissolution of the articles and provisions in the constitution can be done on the basis of approval by a two-thirds of the total members present at both the House of Representatives and the National Assembly, but a minimum of two - thirds of the total members have to be present in each House.

Most political leaders, lawyers and intellectuals have expressed the need for amendment to certain parts of the constitution to keep up with the changing political, social and economic scenario of the country. But there are a few political leaders (like former Prime Minister Krishna Prasad Bhattarai) who have categorically stated that there is no need for amendment in the constitution for the next two decades. This is very conservative thinking. If we review the Nepalese constitution critically, we will find a number of deficiencies and some provisions in certain articles which need to be amended. The following are some of the special issues that we can mention in this context.

- The Nepalese Constitution of 1990 has not incorporated provisions on local government institutions for district, municipality and village levels.

- There is no provision for care-taker-governments.

- And no provision for the addition of articles to the constitution.

- The provisions under a number of articles of the constitution of 1990 are not adequate and as such these need to be further improved through appropriate amendments.

The first elected government felt the urgent need for district and local level government institutions and the Decentralization Act and by-laws for villages, municipalities and districts were promulgated in 1991. On the recommendation of the High Level Decentralization Coordination Committee (HLDCC), the Decentralization Acts and by-laws of 1991 were replaced by the Local Self- Governance Acts and by-laws of 1998. The decentralization acts for VDCs, municipalities and DDCs had to be changed within less than nine years and quite recently a proposal was submitted by the Decentralization Implementation and Monitoring Committee to the cabinet for remodification of the size of memberships at ward, VDC, municipality and DDC levels of local government institutions. It has been strongly recommended that the number of members at different levels of local government should be reduced in order to make them of manageable size in terms of total membership and economically less expensive to run. Some district level political leaders have already expressed their resentments to this proposal for remodification of the Local Self-Governance Act of 1998. In fact, there is an urgent need for incorporation of an additional article in the constitution regarding the structure of local government institutions in order to make the local government institutions politically and financially more viable, independent and strong. In such circumstances, why should we not review critically the articles and provisions of the constitution of 1990 for amendment?

If there are flaws and deficiencies in the constitution, these are to be amended. If the provisions are not adequate, additional and appropriate provisions should be incorporated. Changes in the Nepalese constitution can be accomplished through amendment bills approved by a two-thirds majority in both the House of Representatives and the National Assembly.

The parliamentary democratic system has a characteristics of ruling by majority decision. Majority decisions may not always be the right decisions. Decisions on major national issues have to be agreeable to all the political parties. So the government should pave the way for creating general consensus on major issues of national concern. The failure of citizenship bill can be cited as a glaring example in this context. The different parliamentary committees should play a key role in creating consensus across party lines in the process of reaching the rightful decisions. Undoubtedly the constitution of 1990 has been well drafted and has incorporated the aspirations of the Nepalese people. But no constitution can remain a permanent document. With socio-economic and political changes, there have to be some timely amendments and modifications in order to make the constitution more reliable and practicable.

The Maoist Movement’s delegation had put forth the three main demands of declaring republic state, the election for the constitutional assembly and the formation of national government. In addition they had put forth other 31 specific demands. The delegation of Maoists Movement should realize that in the present day world communism, in fact, have failed everywhere. However, their violent movement could be of special significance if they make successful deal with the government in sorting out some of the anomalies and create conducive environment of accountability, transparency, prudence and just society in the country. They should drop their demands for republican state and the election for national constitutional assembly. They should exert pressure on forming a national caretaker government with the representatives from the recognized political parties, Maoists movement and the palace. The government can consider sympatically the other specific demands of Maoists Movement on the basis of general consensus with the other political parties.

Textbook trauma

By Karishma Amatya

What exactly do you think about a student of Humanities? Probably, the one who indulges in writing rather than dissecting or solving those complex mathematical equations.

We are supposedly the ones who have a relatively easy time dealing with the academic curriculum and inevitable examinations. This kind of general perception is not due to lack of sense and sensibility, but due to pride and prejudice.

Being a student of Humanities, and having to cope with relatively new subjects, I really have a tough time whenever the examination knocks on my door. The concept of Humanities in 10 plus 2 is a new one. It seems that it was introduced without adequate research and long-term vision.

Unlike the "traditional" course of study, the new ones don’t have textbooks, or so the authorities concerned say. The study of literature, sociology or communication depends on the availability of a large number of prescribed textbooks. And the shortage of books, which has put ordinary students in great difficulty, is not likely to end soon. The prescribed textbooks, not to mention the ones for reference, are not available in the market.

Teachers too are the victims. Proper books are not prescribed. Instead unnecessary articles and write-ups are prescribed, published in some journals in faraway countries, and which are as good as non-existent. And moreover, they are not relevant in the Nepalese context.

The Higher Secondary Education Board (HESB) had recently introduced Environmental Science in Humanities. The subject itself is interesting as well as challenging. But unfortunately, the required books are not to be found anywhere within the country. The curriculum of environmental science in Humanities is not properly defined.

One cannot go through stacks of old newspapers in search of journals and articles regularly, and even if one is ready for this mission, such materials are not found. And the demand for prescribed textbooks is increasing day by day.

The acute shortage of books will be gradually fulfilled, say the officials concerned. But when? Only God knows, or the HSEB.

Honeymoon and Sher Bahadur

By Basanta Lohani

Life has to proceed on with different rituals. So much so that even as an embryo in a mother’s womb or at the time of conception, ritual begins. The birth of a baby is marked with celebration, and another at the time of naming the newborn. Initiation is performed in Christianity as baptism. In our Hindu tradition, these initiations continue with the rice-feeding ceremony followed by thread wearing, if it is a male child. Then comes marriage. Even when life ends, death rituals continue.

Belgian anthropologist Arnold van Gennep first described this process of rituals as rites of passage into three stages, separation, marginality and aggregation. A child is first separated from his mother when he touches the good earth. The second stage is the period of transition before attaining adulthood when social contact is limited. Then comes merging into the main social stream as a ‘he’ man or a ‘she’ woman. It is at this ‘readmission’ of what is called newly acquired status that these new entrants hover with lots of gusto to experience the different domains of life and the society they are in. In this process, man and woman give in everything to converge into a kind of unison not just from the duality of mind and body, but also from the duality of man and woman.

This happens after marriage for some period, though the time is not specific. This is perhaps to experience what most consider a kind of bliss in an unknown territory where, again, what most consider love flows profusely over the geography of the human body through different shades of emotion. If it indeed were bliss, then I would call it a wild bliss. This period, which also is a kind of seclusion, is known as a honeymoon period. Whether it is honeymoon or beyond, what one most misses in this process is love itself, something, which is total. This is where there exists a clear distinction between sex and love even between husband and wife who have lived together all their life.

And, this is precisely where I find Rajneesh ahead of Freud who believed all human activities converging onto sex. To explain this by way of unconscious impulses and internal conflicts that drive human activities, Freud divides mind into id, ego and superego. He then unfolds what remained a mystery then how a baby’s conscious mind works for an inward transmission to a mostly unconscious mind where it gets stored like fuel for future use. This is where Freud’s concept of repression and infantile sexuality fits in, continuously exerting powerful influences in the decision making process of that baby into adulthood and, as long as he is alive.

This indeed was a great leap forward in explaining complex human behaviour. But life extends beyond sex. And, this is where love begins. Here I find Rajneesh very powerful when he considers sex as peripheral like any other peripheral relationship that man creates. Unless this relationship is allowed to meet at each other’s centre where both are exposed to each other’s vulnerability, he continues, it is not love. Alternatively, the central emotions must blend between any two or group of individuals to form love. To stress his contention of peripheries-meet to centres-meet, Rajneesh considers that even the sexual relationship between husband and wife who have lived together for years remains at the periphery so long as they are not able to open up their centres to each other.

This brings them to something called fear that does not allow them to open each other’s vulnerability. Why do those wedded to each other remain in constant fear? It is so because they are completely bogged down to their future. This debars them from opening their centres, and thus, love to each other. Rajneesh here draws from what Lord Krishna says to Arjuna in the Gita: "Your duty is to work not the fruit there of". He puts it in his words thus: ‘Don’t think about what will happen out of it. Just be there, and act totally. Don’t calculate. A fear-oriented man is always calculating, planning, arranging, safeguarding. His whole life is lost in the way.’ I could agree no less. This takes our discussion again to the realm of love.

The only way to be able to love is by throwing this fear out. But this fear is so deeply embedded that it imprisons and, thus, makes us fearful about dangerously impending consequences. So we remain always in the grip of this fear. How do we get out from this situation? Yes, through a religious mind that guides us to act totally without bothering about the consequences. When I say religious mind, I mean a yogi like mind where hunger and ever-fuelled up desires are waning. Religious minds have very little to do with multiple rituals. Rajneesh says: "because we cannot love, we need so many rituals.’ A religious mind is that which believes in action and acts totally not to lose the opportunity in rituals. Here I remember Vivekananda who once said: ‘you will be nearer to Lord Krishna by playing better football than reading Gita.’ There could be no greater truth than this. One can play better football only through a love-oriented mind. Rajneesh has so aptly described love as the greatest revolution. But where is that revolution even between newly weds?

We now come back to honeymoon. A honeymoon in the midst of fear becomes just an arrangement of exploitation. Rajneesh puts it down as an arrangement of ‘fighting, exploiting, manipulating, controlling, dominating, possessing - but it is not love’ while it is not time specific between a newly wedded couple, it is time specific between the state and government. It is a full hundred days. Prime Minister Sher Bahadur Deuba, newly wedded to the authority of state management, completed this second honeymoon on October 30. Deuba’s first honeymoon started on September 12, 1995 when he headed a coalition government and lasted until March 12, 1997. Deuba is immensely in the grip of fear, in fact more this time than in his earlier honeymoon. If this government lacks anything now, it is love towards the marginalized and poor, and the sensibility for this country that has been constantly losing its inherent strength over the last decade.

It is this profuse fear-laden insecurity that Deuba has manifested in his second honeymoon. His early mistakes coming out of this insecurity will dog him as long as he is in the saddle. As it is, the effect is already seen as a fast growing fungus devouring the very purpose of government. Giving a kind of a tacit credence to what people were calling him: the Maoist made prime minister, Deuba’s first action of cease-fire with the Maoists lacked authority of a prime minister. His second decision of choosing notoriously tainted faces for his cabinet sent a clear signal that he, like his predecessor, is all set to perpetuate corruption in the name of good governance. Then came his third decision of so called revolutionary land reform, which lacked revolutionary character. It was a total debacle because it was a decision of insecurity for political mileage.

Likewise, came his determination to make huge government purchases, be it a billion-rupee Puma helicopter or arms even without a budget. He had similarly bought American arms without any budget but through the welfare fund in his last tenure. His appeasing techniques with no regard to country, people and democracy had bred appalling distortions. The same technique is in practice. Deuba’s cabinet reshuffle made his cabinet a recruiting centre of MPs. Even with a 41-member cabinet, violating norms and recommendations, he has promised the remaining members that he would reshuffle as early as every six months so that those who have had no chance so far of becoming minister could be duly accommodated. His sojourn of peace with the Maoists seems to be ending in a limbo. And, his gratifying state honeymoon, without love and with plenty of rituals, has given birth to a murkier dawn. But life continues.