National 4 (Spotlight Weekly)

‘There Can Be No Acceptable Military Solution To The Conflict’

— SIR JEFFREY JAMES

A few days after the appointment of Surya Bahadur Thapa as prime minister, SIR JEFFREY JAMES, United Kingdom Special Representative for Nepal, visited the country. A career diplomat serving a long time in British foreign service, Sir Jeffrey James has been working to help Nepal resolve the insurgency and foster reconstruction. Sir James addressed a press conference at the British Embassy. Excerpts of his comments, based on the press conference and written statement on June 12, 2003, compiled by KESHAB POUDEL.

On His Visit

This is my second visit to Nepal since my appointment in February. Just to recall, my role is to help co-ordinate British policy toward Nepal and to strengthen co-ordination among Nepal's international partners - all in support of the peace process in Nepal.

As on my previous visit in March, I have had an audience with His Majesty the King and met the prime minister and a wide range of representatives from the government, the political parties, civil society, and international community. I still have a busy program ahead for me over the next two days.

On The New Prime Minister

The British government has already congratulated the new prime minister on his appointment, a natural and sincere courtesy between countries with close and friendly relations. Yesterday Mr. Thapa announced his 'mini cabinet.' We hope that this will lead on to the formation of more broadly-based, multiparty government, enjoying widespread support and exercising full executive powers. Given the challenges facing Nepal, it is important to find a solution to the current differences, based on the principles of parliamentary democracy.

On The Cease-fire

We welcome the fact that the cease-fire between the government and the Maoists continues to hold. Any resumption of hostilities would have a devastating impact, not least on the lives of ordinary Nepalese. We strongly support their right to live in peace and security. We remain convinced that there can be no acceptable military solution to the conflict. Nonetheless, Britain is committed to training and other non-lethal assistance to enable the security forces to counter any resumption of hostilities, in compliance with international standards. At the same time, it is essential that the code of conduct should be fully observed and respected in good faith by all sides. Any violence, abduction, intimidation or extortion is not only a breach of the code of conduct, but also a violation of democratic standards and human rights.

We look forward to a successful outcome to the peace process, consistent with stability in Nepal. This points to an overall agreement embracing constitutional monarchy and multiparty democracy, under which all sides renounce the means and use of violence for political ends, and all parties are free to participate in national elections and to form or join a government if successful. These seem to me to be the essentials of any agreement likely to be acceptable to the majority of the Nepalese people and true to the principles of parliamentary democracy.

On The Peace Process

This is a difficult and challenging agenda. For this reason, the peace process needs to be followed through with the highest priority. A negotiated settlement, covering all the issues that need to be addressed, is likely to take time. It will require the involvement of all interested parties. In the absence of a settlement, the economy is unlikely to recover. The Nepalese people continue to feel the economic and social pain of unresolved conflict. There is an urgent need to rebuild the political and economic base for prosperity and the wellbeing of the people. I am confident that the international community will be ready to contribute generously to post-conflict reconstruction, but we can only do so once peace has been established.

On The Progress Made So Far

We very much welcome the progress made in the talks toward establishing mechanisms to monitor the cease-fire through a national body under the chair of the National Human Rights Commission. We would urge both sides to conclude the human rights agreement which, we understand, is close to being finalized. This, and other confidence-building measures, can do much to help maintain the cease-fire and to create the trust necessary for constructive negotiations. Technical assistance for such complex tasks is available. In addition, the British government and other international parties remain ready to assist with humanitarian relief and other support for communities in conflict areas, provided acceptable delivery mechanisms can be found.

We hope that the new government will continue to give high priority to the issues which have helped give rise to the conflict - poverty, social exclusion, lack of development, weak human rights protection. This in turn will require a sustained effort to prevent corruption and to ensure more effective use of government resources. Good governance and the rule of law are the foundations of a stable, prosperous and democratic state. Britain and other international partners are strongly committed to development and reform in Nepal, working with the government, other institutions and civil society, to achieve real inroads into poverty.

I hope I have spoken frankly today. But I have done so not to lecture or interfere, but as the representative of a country which has a long-stranding friendship with Nepal and its people, and which has their interests and well being at heart. I am confident that Nepal can successfully resolve its present difficulties, and achieve a lasting, democratic peace. But it will require energy, vision, courage, tolerance and statesmanship by all concerned. Like other friends of Nepal, Britain is ready to help, but we can only do so effectively with strong leadership and commitment from Nepal.

On The New Government

I think it is very early days. I met the prime minister earlier today and most of the things I have mentioned in my statement were discussed with the prime minister. He clearly needs to tackle the peace process with a great sense of priority. He has, I understand, mentioned this in his statements.We look forward to see the courage through actions.

On Constitutional Matters

I am not an expert on the political history of Nepal, but it seems me that the country is at present in a very unique situation. It has no parliament and it has no prospect of elections for the foreseeable future because it is very difficult to see how elections can be held in advance of a negotiated settlement. The democratic structures based on the local government level have been abolished and the government has been appointed under Article 127 of the constitution. I am not a constitutional lawyer but I am aware of the view that this is not constitutional. But I say I am not a constitutional lawyer to make judgment on that. I start from the premise that Nepal is in very unique and difficult situation. It does need to rebuild the democratic process and how can this be done and will be done - I think it will be done - is the matter for the Nepalese players like political parties, the King and perhaps so for civil society as well. I don't want to try to prescribe how return of democracy could be achieved. That is what we all are also working for.

On An Afghanistan-like Situation

I think Nepal is a long way from becoming another Afghanistan. Nepal still has a functioning state, institutions, democratic procedures and democratic parties. The situation here is quite different from Afghanistan. All say that in Afghanistan, there was a conflict and civil war. One of the involving states, the Soviet Union, over many years degraded institutions in Afghanistan and left it by those some kinds of regime and in kind of situation which occurred from mid-90s onward. I think Nepal is nowhere near that situation. I think there is every prospect that Nepal can solve its current difficulties and return to being a fully democratic, prosperous and peaceful state. But as I have said it requires enormous amount of qualities that I outline in my statement energy, courage, vision, tolerance and statesmanship.

On The Timing of His Visit

If I had come a few weeks ago, my visit perhaps would be far less interesting. I came this week to find a new government which is just being formed. So this visit has turned into one of being what new opportunities might have opened up to help to push peace process forward. I think that is the top priority. I think that needs to be achieved through peaceful resolution of current conflict. My role is not here based in Kathmandu and I am based in London. I even do not work in full time in London. I have number of other interesting things doing as well. So, I have very limited expectations what I can achieve and the embassy here will carrying on the work day to day as before. My role here is less and my purpose is to learn more about what happened since my last visit and what more we can do for the peace process and help other issues as well.

On Military Assistance

We have been providing assistance over a number of years as a part of normal training assistance program. This is not something new and there has been additional assistance since the last few months - six to nine months or so. I have to say that the assistance is designed at least in part to try to ensure that the security forces, the army in this case, do abide by international law. This is also something important to us. But we do think as well that the army do need the capacity to counter any resumption, as I have said in my statement, of hostility and [upholding] the interest of the security of the country and the citizens of Nepal.

I don't think we are going to put the Maoists on the terrorist list as such. Our laws and practices are different. At the moment, we have no plan to list the Maoists in the same line as the US government. I have not met any Maoist leader.

On The Role of Coordinator

Part of my job is to strengthen the international coordination toward Nepal. With that task in mind, after my last visit to Kathmandu, I did go to Delhi for discussions with the authorities there. After this visit, I will be doing the same. I have also visited New York to talk to the officials of the United Nations. I have also visited Washington to talk to American government officials and to the World Bank and the International Monitory Fund.

On China

I have not yet visited Beijing. If I think it would be helpful, I am quite prepared to do so. So far I have no immediate plan to do so. That is not, of course, to say I don't want to go to China because of any particular problems but it is the question of my time and the utility of such a visit.

On Protocol

I am amazed all the time at how conspiracy theories invade every event. It is normal practice for messages of congratulations to be sent to new prime ministers in countries around the world with which we have friendly relations.