I n d e p t h    A n a l y s i s
Competition On for Maoists gestures!

Kathmandu: Of the two major decisions defining political process under the constitution, the decision of the Supreme Court will have put paid to one. Regardless of the political lobbying for or against the reinstitution of the parliament the judiciary has endorsed the government's decision to dissolve the parliament and so, finally, the elections have become legal.

The other decision regarding the Nepali Congress party, its election symbol and flag contribute to speculation and public lobbying with, surprisingly, none saying that it is the various public standpoints designed to influence the decision that is illegal. In a surprisingly decisive move the Election Commission has put a stop to the public sector media's one skidded use of the Deuba machinery. This in itself is a signal. Just as the Supreme Court's decision, the EC decision will be final and will give the state a definite course . This is regardless of what standpoints the Commission takes on the issues involved.

And then the other non-litigation issue contributing to the current fluidity will rein supreme. This is regarding the independence of elections and if at all it will take place. Various standpoints already adopted by the political sector already put them in a win-win position against government. Obviously, for elections to take place at all, the presence of the security force and a role for them in the elections would seem inevitable in the current scheme of things. A determined government can't but use the security personnel to ensure that the elections are held. These security personnel continue to stress that the politicians have yet to assert their role in civil society to displace the Maoists. The politicians say that the security situation prevents them from going to their constituencies. The Maoists calculatedly aggravate the situation. The stalemate lies here.

It is this reality that provokes the public jostling. If the elections are not held on time, it is the government's fault. If the elections don't bring favorable results for the political parties, it is the government's fault.

For Deuba this becomes a challenge all its own. It is this that suggests that government level gestures for serious POW-WOW with the Maoists are overly due. It is this that suggests that Maoists gestures of late have meaning.

Here, too, the government is in a race with the opposition. Rival Girija Prasad Koirala, for example, will have initiated his own strategies with the insurgents. It is not possible to ignore the probability of the UML and United People's Front, UPF, overtures to the Maoists in the context of impending elections.

And so the contradictions remain very much influential in contributing to the malaise that is to come. For one thing, the competition for the Maoists gestures appears inevitable. For another, the compulsion to clip the Maoists wings further remains heightened. It is these factors that will now dominate politics in the country prior to the polls.

Draft-proposal of a New Treaty of Friendship and Cooperation between Nepal and India

Kathmandu: Undoubtedly, the 1950 Treaty of Nepal-India Friendship has remained in controversy since the very first day it was signed some fifty two years back.

Various governments formed after 1950 wished to bring about a timely change in the 1950 treaty but miserably failed.

Around 1997-98, the then foreign minister Kamal Thapa reportedly some how or the other managed to send a draft-treaty proposal for the perusal of the other side but how New Delhi took that very particular Nepali proposal is yet a mystery.

Nevertheless, what came to the fore later was that Kamal Thapa as Nepal's foreign minister had to quit the post. Could be a mere coincidence!

However, New Delhi at times gives an impression that she was ready to "review" the 1950 treaty on Nepal's request but then when it comes for the review of the treaty, she some how or the other manages to linger the whole affair by agreeing to the formation of a "'committee" and the fact is that the said committee never meets.

Below we print the full text of the "Possible elements for the envisaged New Treaty of Friendship and Cooperation between Nepal and India" which the then foreign minister Mr. Kamal Thapa claimed to have sent to New Delhi.

The text as follows:

1: Both countries reiterate their commitment to strengthen the age-old and traditional ties of friendship between the peoples of the two countries.

2: Reaffirm determination of the two Governments to develop relations in recognition of independence, sovereignty and territorial integrity of the party, to refrain from interfering in each other's internal affairs and to continue to develop and consolidate relations of friendship, good neighborliness and cooperation on the basis of equality and mutual benefit.

3: The two countries agree that respect for each other's legitimate national interests and concerns are among the guiding principles of their relationship.

4: Both parties agree to undertake measures from time to time with a view to manage Nepal-India border with a view to safeguard the interests of both sides.

5: The two countries reaffirm not to permit any activity on its territory that may be prejudicial to the interest and security of the other party and reiterate their determination to cooperate with each other by implementing international and regional instruments to the extent possible in combating the scourge of terrorism.

6: Ensure the continuation of existing facilities to each other's nationals in a spirit of friendship and mutual understanding, taking into account specific needs and concerns of Nepal.

Ratification, amendment and duration of the Treaty:

1: The treaty is subject to ratification and shall enter into force on the date of exchange of Instruments of Ratification. Once this Treaty enters into force, it shall replace the Treaty of Peace and Friendship of July 31, 1950 between Nepal and India.

2: The Treaty is subject to amendments by mutual agreement in writing between the Contracting Parties.

3: The Treaty shall remain in effect until it is terminated by either Contracting Party by giving one year's notice.

Ambassador in, Photo out; Photo in, Ambassador out

Kathmandu: Undoubtedly, in the present day context of Nepali politics it is the United Marxists-Leninists party that has benefited the most.

The party, that is, the UML did receive a set-back some four years back when BamDev Gautam and his associates formed a party on their own but could not sustain for long and later joined the mainstream UML for understandable reasons which once again made it a formidable force.

The party is not only a strengthened force but apparently is also hinting the outside world that it is saying good-bye to its old, traditional and dogmatic ideologies. However, in doing so the party is careful in not irritating its close "fraternal ties" with the known communists and its parties of the world. But yet, the UML is clearly hinting the developed West that theirs is only a namesake Communist paraphernalia.

In effect, the UML had already begun to exhibit its non-communist credentials at time when late Man Mohan Adhikary was the nation's first communist prime minister in the mid 1990s. However, the process of projecting the party as a "social democratic" one receded with the sudden demise of the premier.

Between then and now the party of the communists presented themselves according to the personalities they met or the countries its leaders visited. For example, if it were North Koreans or the Communists of the West Bengal, the UML gave them the impression that they adhered to the dictates of Marx and Lenin much more than those whom they met either in their visits abroad or they received the communists leaders from those countries in Kathmandu.

That the UML leaders played this game with sophisticated finesse came to the fore when only recently they received the United States Ambassador Michael Malinowski at their party's posh building in Balkhu a few days ago.

In effect what they did prior to receiving the Ambassador of the lone super power at their office was that the photographs of the "'great thinkers", Marx and Lenin, were taken out from their vigilant positions from the room where the Ambassador was to be greeted by the die-hard communist leadership of the UML.

The moment the Ambassador left the room after the conclusion of the meeting, the photographs of both Marx and Lenin were very cleverly hung in the same place and position.

Ambassador Malinowski perhaps might have felt encouraged when he did not see the "'presence" of Marx and Lenin in the room where he was greeted. However, some one inside the party building who disliked the whole affair of the UML leaked the news to some newspaper and the public could know about the double-standard of the party.

But yet, then, what could be said of the UML leaders is that they were neither communists nor could be trusted as social democrats which they now claim to be one.

They were not communists in the strictest sense of the term because each and every communist leader from the UML is a multi-millionaire possessing all the facilities that is sufficient to dub them as "capitalists". Gone are the days when the UML leaders were a poor lot. Things have changed abruptly. Thanks 1990 change that allowed them all to live a neat, clean and wealthy life.

But yet at times they claim to represent the destitute of the country which in itself is a cruel joke indeed.

That the party wished to tear the brand of communism much earlier and proceed on the way of capitalism becomes clear from their admission made some years ago which in part states: (sic) " Virtually UML is but a social democratic party, whatever the name is, it doesn't matter. We have been transforming the UML step by step into a social democratic party as well as biggest among other parties. We have already stopped to call America as "Imperialist", nor we do call India as an "expansionist". To wait up to seventh general convention of the party for complete transformation is the only way"'.

The fact is that the UML as a communist paraphernalia has already omitted those two words Imperialists and Expansionists from their vocabulary and thus has become already good friends of the two countries which it considered once upon a time their number one enemies.

To recall, Bam Dev Gautam only recently dubbed the US as an Imperialist force and this he said after his return to the mainstream UML.

Ambassador Malinowski will in all probability gulp Gautam's bitter remarks for he knows that one fine morning the UML could be his country's best friend much more than what the congress' claims at the moment.

Analysing the manner UML stalwarts did away with the photographs of the two great thinkers at the time of the US Ambassador's visit to their office, it could be safely said that the UML either is in a process for forgetting Marx and Lenin for good or is be-fooling its foreign friends. But is it possible to be-fool all for all time to come? Perhaps not.

This means that the UML is transforming itself into a party possibly that would appear similar to the present day congress after the transformation process comes to a conclusion.

Kathmandu's intellectuals wonder whether Ambassador Malinowski is in knowledge of the entire affair regarding the treatment meted out to the photographs of Marx and Lenin prior to and after his "friendly" visit to the UML's party office?

Be that as it may, the UML's excessively sharp political brain has got to be admired by all including Ambassador Malinowski.

Is Koirala a sinking horse?

Kathmandu: The nation's apex court has offered its verdict in favor of the dissolution of the parliament as recommended by prime minister Sher Bahadur Deuba.

With the court's fresh decision in favor of the elections, intellectuals hope that the continuing political confusion will come to an end and the nation will take a definite political course.

While the court's decision has visibly boosted the morale of prime minister Sher Bahadur Deuba for understandable political reasons, the decision equally should have come as a disaster for the other camp led by Girija Prasad Koirala which hoped that the court's decision will go in their favor.

The court's decision has gone in favor of prime minister Deuba at a time when his arch rivals in the Koirala congress were yet to recover from the trauma of the recent split itself. For the Koirala congress, the apex court's decision apparently should have come as adding salt and pepper to the fresh wound.

For Koirala and his Congress party the days ahead will not only be tumultuous but fraught with uncertain foreboding simply because they neither were in power nor were in a position to put enough pressure on their main rival -Sher Bahadur Deuba.

The manner prime minister Sher Bahadur Deuba is abusing the government resources in his own party's electioneering out in the districts is suffice to send ominous signals to the splinter of the congress Koirala heads at the moment. Add to this Deuba's declaration being made in a roaring voice that his party will emerge out with flying colors at the impending elections come what may also is apparently sufficient to send due messages to his rivals belonging to the other quarter.

Koirala has fallen flat. He has fallen flat due to his own past mistakes. Had Koirala been accommodative at time when the friction started in between him and Deuba, he could have easily smoothed it out. But he did not do so or was not allowed to do so for his own shortsightedness or he preferred to dance to the tunes of his notorious coterie.

The fact is that things have gone in favor of his number one detractor and that too who claims to head a new party with the same name which Koirala also claims to head. This, undoubtedly, could be the most unusual turn of events in the whole corpus of political history.

A Sher Bahadur Deuba who is not only the president of the congress party but also the prime minister of the nation, and who has only the previous day been favored by the court is definitely a very strong political personality vis-à-vis G.P.Koirala.

Koirala must now understand that his fight is with a person who has suddenly emerged as a formidable force and hence to defeat such a personality would not only require enough political stamina but also proper strategies.

For the time being, Koirala is a sinking horse unless he proves his political acumen by facing up to the challenge of the election in general and Deuba in particular.

Salient Features of the SC's Verdict

Kathmandu: The Supreme Court has passed its verdict in favor of the Deuba government on Tuesday, which was but a widely expected one. Some of the salient features of the Court's verdict are as follows.

The Court has ruled that it is the democratic and the constitutional prerogative of the prime minister to go in for the dissolution of the House.

The Supreme Court has also made it clear that the recommendation of the prime minister for the dissolution of the parliament and the subsequent approval to the same by Constitutional Monarch were purely a political matter and hence, can not be questioned. The Court has further made it clear that when the prime minister recommends the dissolution of the parliament it is believed that the prime minister has taken the approval of the cabinet.

This fresh verdict from the highest judicial organ of the nation hereby upholds the prerogatives of the prime minister with a comfortable majority at time of the dissolution of the House. This also puts to rest the questioning of the prime minister's inherent prerogatives in a democratic system.

The most striking and remarkable feature of the judgement announced Tuesday afternoon is that the verdict enjoyed unanimous decision from all the judges sitting in the panel which is a rare event in the history of Nepali judiciary since the restoration of the system in 1990. To recall, in previous similar writ petitions filed in the past, more often than not, the panel thus deciding case of similar nature saw differences in and among the judges sitting in the panel. This event gives an altogether different image to the judiciary in Nepal which by and large used to differ on any given issue thus giving an impression to all and sundry that the judges in the panel too possessed political biases.

FNJ into the third phase its protest program

Kathmandu: The Federation of Nepalese Journalists or otherwise the FNJ has declared on August 5 that it would now enter into the third phase of its protest program against the government's atrocities on the Nepali press.

The FNJ believes that after the imposition of the emergency in the country, the arbitrary arrests and detentions in custody of the Nepali media men have swelled.

The president of FNJ Tara Nath Dahal declared on Tuesday that the umbrella organization would take to the street(s) in the light of the government's sheer neglect and ignorance to its previous two phases of protest programs.

The organization, it is learnt, will organize different rallies throughout the Kingdom with participants carrying Lanterns representing the search for the right of the journos in broad-day light.

It is noteworthy that the Federation will organize relay hunger strike beginning August 21 which will continue till 25. Other programs include forming of a human chain with people from different sectors of the society.

The FNJ has sought the support of the international media based in Kathmandu in popularizing the movement abroad.

The media men attending the FNJ sponsored meeting expressed their total solidarity with the movement proposed by the umbrella organization.

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