Triumph of good

This past year has been a tumultuous one by any standard and the country deserves a break. The festive season of Dashain with Tihar close on its heels could not have come at a better time. As if on cue the weather too has literally cleaned up its act well in time for the festivities. Last winter was a winter of discontent, with parliament held hostage by an opposition hell bent on ousting the incumbent chief executive of His Majesty’s Government over assorted sins of omission and commission. The spring and summer that followed saw the Maoist insurgents in all out assault on the thin blue line that represented authority in the outposts of the Nepali state. The toll was heavy and heart rending. In the middle of all this came the royal palace massacre the like of which the country, and perhaps even the world, had never seen. For days and weeks immediately after, it looked like the country was teetering on the brink. At various times over that period feelings of helpless uncertainty ran from the prime minister himself down to the humblest Nepali in the tols and villages. In weathering that rough patch the country proved wrong the pessimists and nay sayers and showed that it had truly arrived, albeit 
bruised, as an entity integral in itself. The continuity in the monarchy and in the rest of the state apparatus was commendable by any yardstick. It was like clockwork. Even before the shock of June l subsided, it was virtually business as usual again.

But while the country was working its way out of national trauma, it was simultaneously going through another baptism by fire. The low grade but nonetheless sinister bush war being waged by the Maoist comrades came closer to the heartland as schools and colleges came under its sway and people began to feel the pinch of extortions. Times were changing in hill and plain. Yet the times are changing globally as well, and the backlash against terrorism in the US has been felt here too. The Maoists now want a safe landing, or at least some of them do. This has spawned peace talks and the nation now awaits the third round of those talks with muted anticipation. Substantive progress in the talks is the best the country can wish itself during this festival that celebrates the victory of good over evil. Interestingly, US President George W Bush has described his campaign against the Taliban in Afghanistan in terms of a war of good against evil. In the real world of course it is always hard to say what is absolutely good and what bad. It’s never that black and white. However, life would be a lot simpler if there was goodness of  heart in each and every individual human being. And ultimately it is the victory of this kind of good that the great festival of Bada Dashain celebrates and that will  help this country weather the difficulties ahead. We would do well to bear this in mind as we wish a happy Vijaya Dashami to all Nepalese at home and abroad.

Refugees seek international intervention

By Dr S Chandrasekharan 

Ultimate legal responsibility for preventing forced eviction rests with government" was the unanimous resolution approved during the 49th session of the UN Commission on Human Rights held in Geneva on 10 March 1993. The question is, what happens when the state itself takes the lead and uses unlawful means to evict its lawful citizens.

Over 100,000 Bhutanese refugees have spent a pitiable life over a decade in the UNHCR organised camps in eastern Nepal because of the mass eviction orchestrated by the Royal Bhutan Government in the early 1990s. Do they have legal remedies? Can they seek intervention of other benign countries when one country – India, which could intervene, continues to maintain that it is a bilateral issue to be solved by Bhutan and Nepal? India has bilateral special relations with both the countries.

As of October 1st, a total of 7,683 individuals have been verified from Khudunabari Refugee Camp which has 12523 people. Once the JVT completes the verification at Khudunabari by November-end the two governments will decide who can and who cannot return to Bhutan. Earlier, the Joint Ministerial Committee agreed to place the refugees into four categories: (1) Bhutanese forcibly evicted, (2) Bhutanese who immigrated, (3) Non-Bhutanese people and (4) Bhutanese who committed criminal acts. The stalemate in the bilateral talks from 1993 to 2001 was primarily due to Bhutan’s unwillingness to take responsibility towards category (2), although more recently Bhutan has agreed to loosen up its hardened stand. This indeed is the crux of the problem.

We in the South Asia Policy Analysis Group believe that there could be only two categories of refugees: Bhutanese and non-Bhutanese. Any other classification will be politically against the principle of justice and fair play. We maintain that the Bhutanese citizens who were supposed to have signed the "Voluntary Migration Form" (VMF) are prima facie Bhutanese citizens; and the only question that needs to be looked into is " Whether they voluntarily signed the forms or were
forced to".

In the Bhutanese law, section NGA 2 of the 1977 Act, states that "A foreigner who has been granted Bhutanese citizenship may apply to the Royal Government for permission to emigrate with his/her family. Permission will be granted after investigation of the circumstances relating to such a request. In the event of adult, family members of any person permitted to leave the country who do not wish to leave and makes an application to that effect, the Home Minister will investigate the matter and will permit such persons to remain in the country after ascertaining that the country’s interest is not harmed".

First, nowhere in Bhutanese law is a proper definition given for a foreigner and the refugees are by no means foreigners to start with. Second, most of those who signed the forms were subsistence farmers, who had a house, farm and in many cases orchards. They could not have signed voluntarily accepting some so-called compensation for giving up all their possessions to move elsewhere to an unknown place and live on doles from international organizations unless they were forcibly evicted. The very fact that thousands upon thousands were forced to leave would show that it could not have been voluntary unless the state created a situation where it became impossible for them to reside without fear. Third, most of those who signed the so-called VMF were illiterate subsistence farmers who did not know what they were signing, and there were no mandatory investigations of those who wanted to stay on. Fourth, all personal and family documents showing proof of their status and land ownership forms were seized by the authorities without issuing proper receipts, adding complication to the resolution by bringing in a statelessness problem.

In our view, the so-called VMF scheme is meant for individuals who may choose to give up citizenship for better prospects elsewhere or for ideological reasons, and it cannot be applied to a whole lot of people where the state orchestrated means to deliberately denationalise them. The refugees are primarily from Samdrupzonkher, Sarbang, Chirang, Dagana, Chukha and Samchi districts. Almost cent percent of the people of Nepali ethnicity inhabited these areas, and the entire refugee population in the camps are only Lhotsampas, and not Drukpas. To illustrate a process, we cite the case of Pancha Bahadur Tamang, of Bahadurey village, Lamidara Sub-division, Chirang District now living in Hut no 69, Sector D4 at Khudunabari Refugee Camp. He has already faced the JVT interview; the Lawyers’ Association of Bhutan prepares the case report.

On 25.10.92 the Royal Bhutan Army called to the district headquarters at Damphu Pancha Bahadur and 13 prominent villagers from his village. As punishment they were asked to report at the army office daily at 6:15 AM when the journey from Baradurey to Damphu by foot takes 7 hours. They were released sharp at 5 PM every evening to make the long journey back well into the night. One day they were late by 15 minutes.

The army officer Chime Dorji threatened them with pointed weapons, and asked whether they would agree to fill the "voluntary migration form" or clean the latrine used by the army for three months. He along with others pleaded with the army officer not to punish them or evict them from the village. They were locked up in the latrine itself. In another two days, Pancha Bahadur was called to a meeting attended by the District Dzongdha, District Police Officer, District Army Commander and all the Mondals of Chirang District. He was thus forced into a situation where he could not avoid filling up the so-called VMF. He along with eight other families left Bahadurey village.

Obviously, a lawless situation was created by the very state that was supposed to prevent lawlessness and protect the people, and the instruments of the state connived to evict the lawful citizens. These people have a right to return home as per Article 13 (2) of the International covenant on civil and political rights. Their cases should be considered first when harmonization is discussed after completion of the verification at the first Camp.

The Bhutanese refugee imbroglio has been in limbo for the last ten years primarily because of India’s indifferent attitude. Recently a visiting US diplomat from Kathmandu to the Camps appreciated the patience exhibited by the refugees and assured of continued US involvement in the resolution of the Refugee problem. The refugee leaders are aware that but for the involvement of the US and the visit of US officials to Thimphu and Kathmandu in December 2000, the joint verification process would not have taken off, despite several bilateral talks in the past eight years. If India does not exercise its prerogatives, the Bhutanese refugee situation could get internationalised or radicalised, dragging India later into an awkward situation. It is time India reviewed its position with regard to the problem of the Bhutanese refugees and worked out an amicable settlement primarily in the interest of Bhutan, of its citizens, and of those refugees who have been unfortunately deprived of their citizenship rights.

Powerless PM

By Utpal Raj Misra

Prime Minister Deuba has finally expanded his cabinet. It had to be a jumbo cabinet because of a variety of pressures on him. He cannot antagonise all. Gossip going around is that: " In Sher B Deuba’s cabinet all the ministers are Prime Ministers except Deuba!" This joke indicates that the real PM is in no position to control, guide or co-ordinate ministers in his own cabinet. This certainly does not mean to cast aspersions on the capacity of Deuba. All the eleven PMs since the advent of democracy have been in similar position of not having power over their cabinet ministers.

This actually deprives us of our right to logically criticise the PM. How can one blame the PM when in fact, ministers are not under his control? How can one expect the PM to control the cabinet when he cannot choose his own cabinet ministers? In actuality, our PMs, have been deprived of their constitutional right to form their own cabinet. Article 36 clause 3 grants the Prime Minister the exclusive right to form his own cabinet. It states " His Majesty shall, upon the recommendation of the Prime Minister, appoint from amongst the members of Parliament, a Deputy Prime Minister, if required and such other

Ministers as may be required."

In spite of such a clear-cut constitutional provision, all PMs have had to include minister in the cabinet under pressure from various factions.

It is therefore natural for such ministers not to be responsible to the PM nor the Parliament in spite of a clear-cut constitutional provision.

Article 36 clause 4 states that: "The Prime Minister and other

ministers shall be collectively responsible to the House of

Representatives, and the ministers shall be individually responsible for their work of their respective Ministries to the Prime Minister and the House of Representatives." This constitutional provision stands as a comical
if not hypocritical statement as it is not in consonance with our political reality.

In the past eleven years, all the PMs have had to tolerate people whom they did not want in their cabinet. As the first PM under the 1990 constitution, Girija P Koirala unceremoniously sacked a few ministers who were in the cabinet because Ganesh M Singh and Krishna P Bhattari wanted them to be there. This was a mistake, which Koirala made by asserting his constitutional right. It caused the fall of his Government and the second general election. Since that time no PM has been stupid enough to singly form the cabinet just because it is his constitutional right. But it is prudent to be a powerless PM, than strictly follow the constitution. No?

Role of UNO in the present context

By Ramesh Prasad Gautam

The United Nations was established with the principal purpose of maintaining peace and security in the world. More than fifty five years ago, the post-war planning provided an opportunity to the United Nations to acquire the force for a global commitment. The United Nations Organization was established with the main objectives of preventing further war, upholding human rights and equality, promoting international justice, social progress and better standard of life. The struggle among different countries creates anxiety and stress to such an extent that health and happiness are eroded. UNO has remained the world’s principal mechanism for international peace and security and for mobilizing international opinion on global issues.

None of us can depend upon ourselves either for the food we eat or the clothes we wear. It is therefore that cooperation and interdependence that distinguishes human life from that of animals. Hence it is clear that the progress of human civilization through the ages depended on the manner the people united and cooperated with one another. Therefore the history of man’s progress and civilization is the history of growing cooperation and unity.

The world wars were perhaps the greatest slip-back in the history of mankind. As a result of the first and second world wars discontent and unrest were felt virtually throughout the world. So men should be reminded of the great Doctrine of Unity, Goodwill and Cooperation in the interest of their own safety, comfort and happiness.

It is said there were more wars and acts of violence in the previous centuries due to rapid advancement in science, technology and information system. It should be possible to change from a culture of war and violence to a culture of peace and non violence. The attainment of a lasting peace will depend on how much the individual is prepared to accept shortcomings and be dedicated to reform and change. A networking and information system has been designed to reflect the movement for peace.

The people of every country should live in peace and cooperation, and not in mutual hatred and fear, and they should also live in the atmosphere of unity and cooperation. In order to protect the future generation from the heart-breaking evils of war, to provide the fundamental human rights and to maintain law and order, UNO was established in October 24, 1945. Now UNO has been trying its best to establish and develop peace, friendship and human values the world over.

Peace is the priceless asset of all human beings which serves as the prerequisite for progress. One of the main purposes of the establishment of UNO is to contribute to creating conditions conducive to promoting peace in order to save human beings from the fear of any war in future. It is estimated that some 65 millions people died in the two world wars. More than forty million people of the world were rendered homeless. The total military spending since the second world war has stood at about 500 billion US dollars annually. We must have the courage to think globally to break away from traditional paradigms and plunge boldly into the unknown.

We must mobilize our inner and outer resources so that we can start building a new world, based on peace and security. Hence every nation should understand that there could be no lasting peace or social development without peace and security. Nepal has been an active member of UNO and has shown her own inner faith in the principles and purposes of the UN charter. Nepal has been consistently participating in this noble task since 1958. Her participation in the UN
peacekeeping operations began in 1958 when Nepal provided five Nepalese army in request of UNO. Similarly, Nepal dispatched Nepalese army in 1965, and 570 army personnel to the United Nations Emergency force.

In this context we must try to generate public awareness towards UNO, UNESCO and democracy. Likewise it has come up with various programmes to bring about friendly relationship among us to establish world peace and cooperation.