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Vol 25 No 36: sflt{s

Divided Maoists!
At a recent Central Committee meet, Prachanda’s political document was thoroughly censured by one of the known hardliner of the party-Mohan Vaidya alias KIRAN who claimed in his “note of dissent” that the Maoists party as such has become too flexible and that the party’s main goals and objectives have been sidelined.
but at times he departs away from his own commitments for the system which has elevated him to the rank currently he is occupying. By time this paper approaches the readers today, Prachanda’s government will have already completed its first ninety days in office. Mere ten days to go for the completion of the so called Honey-moon period. The light manner Nepal PM Dahal is taking the politics of this country does indicate that he is inviting trouble for himself whose grave impact will definitely be felt by the party he currently heads. He blows hot and cold for the democratic order that is considered to be the best amongst the worst system prevailing in today’s world. Why he speaks against the democratic system every now and then? What could have been the prime reasons that make him to exhibit revulsion against the democratic order? Intelligent analysts here have found some clues in this regard. Firstly and most importantly, Nepal Prime Minister who is also the head of the Maoist party is in “minority” in his own party. The minority factor has definitely made him restive. Secondly, Prachanda no longer remains a captivating leader of the Maoists party of the bygone era. This gets reflected when his “political proposals and documents” are being either summarily rejected by the majority or at best the high flying party leaders’ write “note of dissent”. His colleagues in the party now no longer take him as Supreme leader who could be extended “unconditional support”. The change is there now. The voice of dissension is also surfacing as a threat to his current post. The loyal of yesterday have become the challengers today. At a recent Central Committee meet, Prachanda’s political document was thoroughly censured by one of the known hardliner of the party-Mohan Vaidya alias KIRAN who claimed in his “note of dissent” that the Maoists party as such has become too flexible and that the party’s main goals and objectives have been sidelined. Mohan Vaidya who is taken as the real mentor of Prachanda is not only a hardliner in the party but also commands respect and honor from those who advocate the slogan that the party of the exrebels must live up to the promises made during the People’s War to the people by effecting certain earth shaking changes that could transform the entire Nepali society at a go. In other words, Mohan Vaidya is of the opinion that his party

@&, @)^% (FIAT LUX) November 12, 2008 Pages 6 Rs: 5 Visit us at: www: telegraphnepal.com

Mohan Vaidya has a clear repulsion for the democratic system who wants a radical change in Nepal’s political system. In other words, Mohan Vaidya concludes that the current parliamentary system of democracy will lead to nowhere and thus forward his own logic that there is the need to transform the entire Nepali society by the introduction of what he calls a “People’s Republic”.
must write a new history for Nepal as Chairman Mao did in China so that the rejected, oppressed and the neglected lay men of the past could feel the change. To be more candid, Mohan Vaidya is a radical communist with strong leaning towards Mao’s ideals. He recently said that the name of Chairman Mao is not a burden for the party but is provided the party with a unique identity. This perhaps explains Mohan Vaidya’s honor for late Mao. Thirdly, Mohan Vaidya has a clear repulsion for the democratic system who wants a radical change in Nepal’s political system. In other words, Mohan Vaidya concludes that the current parliamentary system of democracy will lead to nowhere and thus forward his own logic that there is the need to transform the entire Nepali society by the introduction of what he calls a “People’s Republic”. Remarkably, those who advocate in favor of the establishment of the People’s Republic are in “majority” in the party.
Continued on page 6

Kathmandu: Minister for Information and Communication Mr. Krishna Bahadur Mahara has said that the Militia-Army integration process must be carried out as per Nepal’s New National Security Policy---that is yet to be drafted. “The Army Integration is only possible by adopting a new mechanism, however, the National Army formed after the completion of the integration process must remain committed to the forwardlooking changes”, added Mahara. Minister Mahara also maintained that the unity among the political parties was a must to the constitution making and for the peaceful conclusion of the entire peace process. Kathmandu: Nepal’s controversial vice president Parmananda Jha secretly met with the Indian ambassador to Nepal Rakesh Sood this Sunday afternoon. Reports from Dhulikhel, Kavre district, states that the Indian Ambassador arrived at the Dhulikhel Resort only few minutes earlier than Jha. The two dignitaries talked for over an hour at this remote location, the report adds. “Why Jha preferred to meet the Indian diplomat at this remote location is not only intriguing, but the timing of the meeting too is full of mystery." Few days ago, he stated publicly that he can’t even meet

Integration based on New Security Policy
“Basically, the current stalemate is over the issue of whether the constitution should be a forward-looking one or should be based on age-old practices” maintained Mahara. “It is a universal fact that Nepal currently has two-parallel Armies in existence and the need is to integrate the two armies on a new basis based on the impending new security policy.” Surprisingly, Minister Mahara who along with Defence Minister Ram Bahadur Thapa alias Badal secretly sneaked into China quite recently, has for the first time advocated in favour of carrying out the Integration process based on the National Security Policy
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Politics is a dirty game: President Yadav
Kathmandu: A medical practitioner turned first President of the Republic, Dr. Ram Baran Yadav exhibiting his utter dissatisfaction over the ongoing politics in Nepal has claimed that the “medical profession was far better than politics”. “Medical practitioners are generally respected more than the politicians in Nepal”, lamented Dr. Yadav speaking at program organized by the Dhulikhel Hospital, Dhulikel, Kavre District last weekend. “Politics is indeed a bad game and my involvement in this profession for the last two decades has made me clear that I was far content with my medical profession in the past than being a political personality now”. “I could serve well the people two decades back while being in medical profession; unfortunately, I have not been able to do the same being the president of this country”. “I could earn a lot of prestige in the medical profession which I have not been able to achieve by being
Continued on page 6

Kathmandu: Nepal’s Prime Minister Pushpa Kamal Dahal is losing his hold both in the cabinet and the party he heads through the kind courtesy of his own erratic and inconsistent remarks. He speaks double that suits to the listeners he is confronting. Though he has words of some compassion towards the competitive democratic politics

the foreign envoys exclusively but only at his office because of his position as Vice President of the republic. It is widely believed that VP Jha’s preference to make political statements in public is the result of the sermons he has been frequently receiving from the Indian Ambassador.
Continued on page 3

Nepal PM may sign extradition treaty with India
K a t h m a n d u : N e p a l ’s Revolutionary Prime Minister Pushpa Kamal Dahal today is heading towards New Delhi to attend the BIMSTEC (Bay of Bengal countries) meeting. However, reports say that Prime Minister Pushpa Kamal Dahal during his second official visit to India will be forced to sign extradition treaty by the hawkish Indian regime. To recall, the coercive Indian regime is pressing the Nepali establishment since 1950 onwards to sign this treaty which allows third country nationals to be deported to India, if the later so demanded. The fall of successive governments in Nepal, including ghastly murder of King Birendra and his family and then the fall of the 240 years old monarchy in Nepal are some way or the other linked, claim analysts, to Nepal’s past rejection to sign an extradition treaty with India and the citizenship
Continued on page 6

Kathmandu: A Maoists’ senior leader Mr. Mohan Baidya Kiran Pokharel has claimed that Nepali nationalism is in the continuous wane and that all the population of this country should unite to preserve Nepal’s unique identity. “Or it would be too late”, said Kiran. Speaking at an interaction program organized by the Unified Nepal National Front in Kathmandu on last Friday, Mr Baidya-considered to be a strong nationalist in the Maoist campalso urged the Communists and the Nationalists to unite and

dedicate themselves in preserving Nepali sovereignty. “Due to various reasons, the issue of preserving Nepali Nationalism has taken the back seat in the c o u n t r y, nevertheless, we are ready to fight for a decade more for the preservation of Nepali nationalism”. “We fought for a decade for a republican order, if we get the people’s support we will fight for a decade more in order to preserve nationalism that is under severe threat.” “Threats to Nepali nationalism have been at its peak at the moment, the new Republic will have no meaning if Nepal does not exist”. “Republic and nationalism are two sides of the same coin, while preserving the new republic we cannot forget the nationalism aspect.” “Looking from far there existed albeit a Nepal in the
Continued on page 3

Unite or perish
“I see the challenges that are in the making for the liberal forces right in front of my eyes…and that the politics of the country appears to have already been derailed which demanded the formation of what he calls a “broader liberal alliances” which could only bring the politics back to its original track.
Kathmandu: The declared Machiavellian political creature of the country, Surya Bahadur Thapa has suddenly become active and restive too. Analysts presume that this maverick Nepali politician ventilates his “inner views” only when he is told to do so by some powerful forces both within and without. Talking to Image Channel Television Monday evening (November 10, 2008) , the President of the Rastriya Jan Shakti Party, Surya Bahadur Thapa says that “in order to block the imminent vertical split of the country, the liberal/democratic forces scattered currently in different political camps must unite”. “There is no choice left for the liberal forces other than to unite in the larger interest of the country”, Thapa said bluntly. However, he did not reveal as to where from the threat of a vertical split of the country emanate? Perhaps he was indicating towards the terror created by some Terai militant outfits which he perhaps concluded that “if not tamed on time through politics of negotiation then the country might have to think of the unthinkable”. Nevertheless, S.B. Thapa stressed the need for unity among the democratic forces in order to save the country from going to the dogs and also to face the formidable challenges that was lurking over Nepali sky if per chance the Left forces forged unity amongst themselves. “I see the challenges that are in the making for the liberal forces right in front of my eyes…and that the politics of the country appears to have already been derailed which demanded the formation of what he calls a “broader liberal alliances” which could only bring the politics back to its original track. I n e ff e c t , t h e m a s t e r conspiratorial brain of Nepali politics also said that not only his party but all those who believe in a democratic system and possess a democratic bend must come under one umbrella to match the possible threat from the Communist forces in case the latter formed a broader Left Front. Mr. Thapa who has the

distinction of having served the three successive Kings (late King Mahendra, late King Birendra and former King Gyanendra) and having been prime minister of this country for record six times says that “there is now the compulsion factor for the RPP-N, and the RPPRana and the likes to unite or else the communists will swing the country’s politics their desired way.
Continued on page 6

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Sugauli Treaty-1816:
The Sugauli Treaty also known as the Anglo-Nepal Treaty concluded under duress, intimidation, coercion and threat from the invading Colonial Power had forced the Kingdom of Nepal to cede one third of Nepal's territory to the East India Company in 1816. The ceded territory included most of the southern belts of plain lands and that of hilly regions west of the K a l i R i v e r. N e p a l w a s intimidated and forced to cede some territories east of the Mechi River as well. After the conclusion of this Treaty, Nepal's international boundary was transfixed to the Mechi River in the East and Kali River to the west. Invasion against Nepal The main strategy of the British colonialist was to subjugate whole of the Indian subcontinent. As they succeeded in their mission of subjugation in India, Nepal couldn't have been spared. Due to the Napoleonic War, they had suspended their invasion to subjugate new territories. As the war with the French terminated by 1814, they instantly devised various pretexts to invade Nepal. To this context, according to the War History Records quoted by various historians in their valuable accounts of this particular war, they had accumulated and collected geographic and other strategic accounts of Nepal from various sources including those of Captain Kinloch in 1767, Kirkpatric in 1793 and . Declaration of War was made on 1 November 1814, though invasion started from the earlier periods. In accordance with the invading plan, the Company's forces waged a five-pronged invasion from Rupar, Saharanpur, Gorakhpur, Saran and Purnea. The first division commanded by Colonel David Ochterlony consisting of 11,500 men was to invade the westernmost part of Nepal. The second division commanded by Major-General Robert Rollo Gillespie was to invade Garhwal. This force consisted of more than 15,000 persons. The third division commanded by MajorGeneral John Sullivan Wood's brigade consisted of 5,000 regular soldiers and about 1,000 irregulars and was based in Gorakhpur. MajorGeneral Bennet Marley of the fourth contingent, who took responsibility to capture Kathmandu had 8,000 soldiers at his disposal. The fifth division under Captain Barre Latter consisting of 2700 men was assigned to watch the frontier between the Kosi and Tista rivers. This division was in anticipation of order to invade eastern Nepal at the appropriate time. In total nearly 45,000 men and 85 cannons were deployed against Nepal. Nepal's compulsion to withdrawal The Company's forces almost simultaneously made force engagement and invaded with superior arms and ammunitions at Nalapani (Kalanga), Jaithak, Jitgarh, Kumaon, Almora, Deuthal and Malaun. The Gorkhali forces fought bravely. The invading forces had to suffer vehemently and could not defeat the Gorkhali forces in accordance with their military strategy. As they had superiority to men and materials, they easily reinforced on the battlefields. Brave fighting forces of Nepal couldn’t get any reinforcement of fighting men or of fighting materials despite the request or demand. They fought to the last of their breath for a long period. At last a few remaining brave Gorkhali patriot fighters had no alternative except to withdraw from the various war fronts and forts. Effort for Negotiation Nepal was bound to withdraw from the battlegrounds as there were not reinforcement of men and materials for a considerable period of time. Nepal by May 1815 started negotiation. The courtiers Gajaraj Mishra and Chandrashekhar Upadhya were sent for this purpose. The negotiation couldn't take effect as the British wanted that Nepal should handover all lands in the plains together with the territories to the west of River Kali. The British themselves prepared the text of draft treaty with all these provisions for cessation of the Nepalese Territories and sent to the Kathmandu Court for approval. The draft treaty

The Telegraph Weekly

Vol: 25/ No: 36, November 12, 2008, Wednesday

Breach of Recognized State Obligation
Dipta Prakash Shah
submitted through Gajraj Mishra to Kathmandu contained an ultimatum to Nepal of twenty-one days in accepting the British proposal or stipulation. It also included the provision for payment when Nepal hesitated or disagreed in ratifying the Draft of Sugauly Treaty prepared by the Company on 2 December 1815. It is clear from the date of ratification on 4 March 1916, approximately after three months. How much coercion threat and intimidation would have weighed down on

VOL.25 NO-36, November 12, 2008 WEDNESDAY sflt{ s @&,@)^%

It has been rightly said that “a bad carpenter quarrels with his tools”. This old adage some how or the other exactly fits into the kind of politics that “we the people” of this sovereign nation are having more so after the convening of the elected Constituent Assembly on may 28, 2008. Since then perhaps nothing tangible and substantial gains the people have been provided by the sovereign CA and the members except that the CA declared that the country has been made a republic and that the institution of the monarchy has been sidelined once and for all. Question thus arises as to whether the CA had only one agenda? That of the abolition of the Royal Institution? Perhaps yes! Or else the people would have been awarded to what was and is still their due. Unfortunately, the CA is silent or is made to be silent by the creation of artificial issues and problems which have nothing to do with the prime duty of the CA and that being the drafting of an al embracing constitution for the country. With the institution of the Nepali Royalty gone into the pages of history, the CA members belonging to as many as some twenty five political parties should have concentrated their entire efforts in drafting of the new constitution. Girija Prasad Koirala said aptly that the writing of the constitution is being ignored by some for a variety of political reasons. Indeed, he was referring to the Maoists. We have no interest in blame game. What we need and demand is the drafting of a new constitution for which the election to the Constituent Assembly was held with much pomp and show. The manner the CA and its members are taking up the politics, it appears that the talk or for that the job of writing of a new constitution has already taken a back seat and that the political parties representing the CA body were themselves not interested in drafting the Charter for the nation. The CA members are devising ways and means and even creating schemes on how to linger the process and amass wealth in the form of their monthly salaries which is undoubtedly a hefty one by Nepali standards. Not so many people know that during the Dashain and Tihar festivals, the CA members and the cabinet ministers managed to inflate their monthly perks by some three thousand. The salary hike was accomplished in such a manner that even the intelligent brains in the Nepali media did not get and inkling of the entire episode. Shame on all. We at this paper, in this back drop highly rate the initiative taken up by the leaders of the Federation of Nepalese Journalists-the FNJwhich has in the recent days made it a point to exert pressure on those political parties who are supposed to draft the new constitution by meeting them all and urging to become serious in the constitution making process. The FNJ says that it has already been eight months of the CA coming into action but yet there were no symptoms as such which could convince the lay men that the major political parties will draft the constitution on time. Dharmendra Jha-the president of the FNJ is meeting each and every political leader and appealing them all to be serious in the drafting of the constitution. In a way Mr. Jha’s appeal to the political leaders is a sort of pressure from the fourth estate which is really concerned observing the unnecessary delay in the drafting of a new Charter of the Nation. We highly appreciate the plan of action taken by Mr. Jha and his colleagues at the FNJ and also appeal other media organizations to supplement and complement with what the FNJ has been doing of late. At our own level, what we can assure the FNJ that we are with the plan of action charted by the umbrella media organization. We will not shirk from our duties which are also to press the political parties and the CA members to concentrate their efforts in making the new constitution or else a day will soon come when they will be answerable to the people who voted them to power. The CA members must keep in mind that they have not been sent to the CA hall just to pocket the hefty salaries. They are there to work for the people. Shame on those CA members who prefer to evade the CA proceedings but are seen loitering around the Accounts Department of the CA on the salary day. Shame on these so called people’s representatives. That’s all.

N AT I O N A L

So far as matters dealt with herein are concerned, this Treaty cancels all previous treaties, agreements, and engagements entered into on behalf of India between the British Government and the Government of Nepal'.
of cash pensions to Nepalese officials in exchange for Tarai territory ceded to the East India Company. The effort of negotiation by Nepal failed completely when the Company's hidden motive and intention was highlighted in the draft treaty. Nepal out rightly rejected the British Draft Treaty. As the proposals of the Company were not approved by Nepal, General Ochterlony was vested with full authority in initiating a renewed invasion against valleys of Rapti, Makwanpur, Bagmati including to all battle zones held and fought by the Gorkhalis. To this context, Bhimsen Thapa made an alternative proposal to Colonel Bradshaw that cash payment should be substituted for cessation of the Tarai. Bradshaw retorted that the draft treaty should be accepted and ratified first. Nepal and ratification of the Treaty The Company's forces mounted offensive attacks all over the kingdom of Nepal. By February 1816, they had captured Makwanpur and posed a direct threat to Kathmandu, Capital of Nepal. Creation of such threat and coercion on the part of the British compelled Nepal to accept and ratify the draft proposal that was done at Sugauli on 2nd. December 1815 only on 4 March 1816. However, this Treaty of Sugauli was amended on the ground of Memorandum presented by Nepal to the Company's government on 8 December 1816. The amendment arranged to claim Nepal's sovereignty over the land on the east and cancelled the Arrangement for payment by the Company's Government to the Nepali officials through the King of Nepal. S u g a u l i Tr e a t y a n d inconsistency It is crystal clear that the East India Company threatened, intimidated and even coerced the king of Nepal which is transparent from the above mentioned facts and particulars. The British main intention to conclude and make ratification of this Treaty was to legitimize the illegal aggression and belligerent occupation of the Nepalese territories. Nevertheless, this Treaty falls under the category of Treaty of Cessation. Various instances are to be found to the context of cessation of territories. Legitimate cessation of the territories of another sovereign States take place only through voluntary consent and friendly behavior. In the context of Sugauli Treaty all the recognized norms propounded by the civilized community of nations have been disregarded. As the valid process in transferring the territory is made by the Treaty of Cessation in good faith and voluntary intention, the Anglo-Nepal Treaty of Sugauli being the coerced and intimidated document cannot be considered as the valid and acceptable legal document to the context of internationally recognized norms, therefore, it is void ab initio. It is already stated that this treaty was forced on Nepal even by attacking the nearest Makawanpur valley

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Nepal? It is any body’s gues. Transfer of sovereign territories is executed through the mutual agreements by the sovereign entities in the form Treaty of the Cessation. International lawyers agree that a cessation of territory following the defeat in war is more usual than annexation. They also hold the principle that a cessation by treaty is void where the conclusion of the treaty has been procured by the threat or use of force. Examples of voluntary cessation may be cited the sale of Alaska by Russia to the United States in 1867, and the exchange of Heligoland for Zanzibar by Germany and Great Britain in 1890. Compulsory cessation is illustrated by the cessation to Germany by France in 1871 of Alsace-Lorraine – subsequently returned to France at the end of the First World War. Right to claim over illegally occupied territory International community started derecognizing such occupation by the invaders especially after the First World War. The Treaty of Versailles that produced the 1919 Covenant of The League of Nations also made provisions in restricting the right to resort war. The BriandKellog Pact also known as The Paris General Treaty for the Renunciation of War categorically prohibited recourse to war as an instrument of national policy. The UN Charter went much further and urged all member states to refrain from the use of force except in selfdefense. In other words, direct use of force is strictly prohibited without the permission of the Security Council. Taking all these customary and treaty provisions of the International law norms, NEPAL has a right to get back the ceded territories. Colonial Power, the British left India setting up new sovereign states that claimed sovereign statehood. Pakistan was one of them. Nepal didn't bother to claim the illegally occupied territories and the government of Nepal is still not interested to raise the issue in international forum. How can Nepal regain its land when there is no claim at all? As it is seen that the vestige of colonial empire is duly transferred to the Republic of India, the sovereign people have every right to claim the lost territory of former Nepal. The outcome could be accepted as decided by the norms of State Practice and that of International Law. Nepal and India have concluded Treaty of Peace and Friendship on the 31 July, 1950. Article 8 of this Treaty provides: 'so far as matters dealt with herein are concerned, this Treaty cancels all previous treaties, agreements, and engagements entered into on behalf of India between the British Government and the Government of Nepal'. It is evident that the British invaded and occupied the territories of Nepal to extend the Indian colonial Empire. In relation to the British India occupation of the Nepalese territories, this quoted Article also has nullified the retention and occupation of the Nepalese territories by the Republic of India.

Op-Ed: Mockery of the Gravity
Sujeet Arjel USA Nepal’s Finance Minister Dr. Baburam Bhattarai made news headlines this week, with unusual comments for any democrats to consume in Nepal and outside. He made sensational revelation on Thursday that the private schools will be gradually nationalized; hence the owners should start looking for alternatives. This is but a progressing step towards a totalitarian state. He’s the minister who talks about democracy and private investments, the immense opportunities for the private sector in new Nepal and more while in Nepal and abroad. But their actions have always contradicted their statements. He also talked about granting degrees to those former rebels who were indoctrinated to establish a communist republic, since they couldn’t complete the education because of their involvement in the insurgency. But the minister’s comments have made the mockery of situation, which is so grave. Instead of spending time looking for a temporary, short term solution for the former rebels, government should focus on providing long term opportunities. Its because of their sacrifice, the incumbent ministers are seated in the cozy accommodations. If the time spent during the insurgency qualifies someone to get a degree in the field unknown, then those working in the agricultural sectors should receive a degree in agricultural engineering, those working in the transport sector for over ten years should also receive a similar degree, and similarly others in their field. The degrees granted this way will certainly take the country to a new height with maximum number of degree holders, at par with many developed countries. However, Minister Bhattarai should have also mentioned the kind of organizations that would possibly employ graduates with degrees awarded by the Maoists?

Rights to Self-determination Such rights are ensured by the provisions of the UN Charter. The UN Charter is a multilateral treaty and can lead to the formation of customary law. Resolution 1514 (XV), the Declaration on the Granting of Independence to Colonial Countries and Peoples, adopted in 1960 states: 'all people have the right to selfdetermination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.' If this Resolution is strictly observed former subjects of the Nepalese Territories now the subjects of the new sovereign State must be permitted to choose the sovereign status. Again in 1966, the General Assembly adopted the International Covenants on Human Rights. Both these Covenants declared: 'peoples have the right to self-determination …' Thus, the UN has based its policy on the proposition that 'the territory of a colony has under the Charter a status separate and distinct from the territory of the State administering it.' Conclusion It is evident from the above mentioned contention and argument that Nepal has the right to claim its lost territories as it was illegally occupied by the threat and use of Force. The elite and conscious Nepalese are confounded why the state machinery doesn't venture to raise this issue formally? Since 1990, the Nepalese people have been designed as sovereign subjects of the country. Therefore, the sovereign craving of the people in restoring the illegally occupied territories to Nepal by the Colonial Power must be supplemented. R e f e r e n c e s : Va r i o u s International Law Books and Scholarly written and recorded Nepal's history accounts, (Excerpts only: Log on to www.telegraphnepal.com for the full text)

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The Telegraph Weekly

Vol: 25/ No: 36, November 12, 2008, Wednesday

The poem by a little soul inspired me to be a staunch nationalist
SECOND IMPRESSION

En Bref
Indian Citizen in Nepal Cabinet: Matrika Yadav
Kathmandu: “The UML minister for Local Development Ram Chandra Jha is an Indian citizen, yet he is representing the government of Nepal”. Maoists’ senior leader Mr. Matrika Yadav made these observations in an interview with the Janaastha Weekly dated November 5, 2008. “When vice president Parmananda Jha took the oath of the office in Hindi Language people flocked to the streets and burnt tyres…an Indian citizen is present in Nepal’s cabinet no one utters a single word.” Earlier it was reported that Minister Jha is in possession of the Indian Residency Permit from Harlakhi area of Madhubani District, State of Bihar, India, issued on July 12, 2008, House Number 143. According to the residency permit, Mr. Jha is an Indian national. Kathmandu: Fearing that Nepal may completely fall into the fold of the Chinese Establishment after the fall of monarchy-followed by the formation of the Maoists’ led government, a high level delegation form India is to visit Nepal soon. The high level Indian delegation will be led by none les than India’s Foreign Minister Mr. Pranab Mukherjee. Mr. Mukherjee is considered as a sharp critic of the Communists. Mr. Shiv Shankar Menon-India’s Foreign Secretary will also accompany the Minister. The tentative schedule for the arrival has been set for November 24, 2008. To add, as per the latest reports Nepal’s Minister for Foreign Affairs Mr. Upendra Yadav is visiting to China soon.

N.P. UPADHYAYA
I admit that I am not a very serious journalist. Had I been serious towards my duties and responsibilities, I would not have missed a short poem penned by a fourth grader student from Pokhara which was filled with the exciting and stimulating fervor of nationalism-a commodity that has become rare in today's overly political Indo-pendent society. I admit also that we have no sense of nationalism, of national interests and the genuine feelings that brings a person closer to his or her homeland. We have forgotten, it appears, our glorious past. It is also a fact that we have also not in our minds that we were always a sovereign nation which have had never to be under the clutches of colonial rule as some have had in our immediate neighborhood, say India, for example. In sum, we are a machine like Nepali citizens subjected to various sorts of political experiments and not very surprisingly then that our laboratory-assistants have remained the same or almost identical beginning with the changes of the 1950. To come to the point, the fourth grader wrote a poem that was filled with national pride what we have had in abundance until

the 1950s. The poem penned by an innocent kid from Pokhara had mentioned our glorious past wherein he had in brief hinted that how we fought in Nalapani battle and expanded our territory up to Tista River that is close to the Bhutan border. The kid has also mentioned that "we the Nepalese will never bow down to any force or power if some one tried to deviate us from the love what we possess for our homeland." The little soul from Pokhara jolted my feelings. The kind but yet very innocent soul must have sensitized many a brains in Nepal who prefer to serve others at the cost of their own country, perhaps in lieu of some financial gains. Shame on these traitors. Sorry that I could not provide the copy of what he has written in his poem which does not exceed eight lines in total.

Time permitting, I assure my readers that I will go in for a search of that very sentimental poem which if you happen to read will reenergize your forgotten love for your own motherland. I am sure, the Nepali leaders and politicians who have become subservient to foreign dictates must read that very poem and correct the political aberrations that they have developed in abundance of late for unexplained reasons. In expressing love and honor for one's own motherland does not tantamount to the hatred of others. Be it known to those countries, near and far, who equate Nepali nationalism with the hatred for theirs. It is not so. We will not mind if you love and pour honor to your land. It is your duty. But think that when we do the same should not irritate you.

Nepal FM to visit China: Indian FM arriving

My final wish, new constitution for Nepal: Koirala
Kathmandu: Nepali Congress President Girija Prasad Koirala has said that he had the “final wish to see the Nepali constitution drafted on time which should be much ahead of his leaving this material world for good”. This, the octogenarian Party President of the Nepali Congress said while meeting a select group of journalists at his personal residence in Kathmandu on Friday. “I would like to see the constitution drafted on time because I believe that without drafting the constitution permanent peace and prosperity is not possible”. Koirala also said that any delay in drafting the constitution could invite political chaos and uncertainty followed by a political accident of much higher dimension. According to Koirala, “the current political situation is still under control, if we could force the Monarchy that ruled Nepal for over 240 years for its peaceful exit we are also confident that the constitution will be drafted on time”. Koirala told the journalists that he was totally committed in preserving the independence of judiciary, press freedom, human rights and personal freedom. Kathmandu: According to Nepal’s Minister for Foreign Affairs Mr. Upendra Yadav, the underdeveloped nations that are facing various problems and challenges in carrying their development activities have been facing threats of further marginalization. “The disparity between the developed and least developed nations is ever widening and that these LDCs being sidelined from sharing the benefits of Globalization, Privatization and trade liberalization are being further pushed to the wall.” “The strategies adopted so far by the world community to eradicate poverty from the LDcs have miserably failed”, added Minister Yadav. Minister Yadav made these remarks at a program organized by the Least Developed Countries-Watch in Kathmandu on Saturday, November 8, 2008. More than 40 representatives from 10 Least Developed Countries across the globe are taking parting in the two-day program. Speaking at the program, the President of the LDC-Watch Nepal Chapter, Mr. Arjun Karki said that the UN and other donor countries have so far failed to address the genuine problems of the Least Developed Countries.

Nepal: Post election challenges
Nepal took a huge leap of faith in April 2006. The people are still waiting for it to land, right side up in 2008. The past two years since the fall of the ancient regime has been an extreme roller coaster ride for the people with its wide swings between unbridled euphoria and deep pessimism. While the end of the king’s 15month-long direct rule and the peace deal with the Maoist party in its 10th year of ‘people’s war’ brought immense relief and hope, the continuing low-intensity violence, severe energy crisis, supply shortages, and general lack of political direction has been testing the public’s faith to its limit (Shah 2008). The ruling alliance that came to power on the back of the 19day general strike or janaandolan had declared through the reinstated parliament in May 2006 that holding of the Constituent Assembly (CA) elections and writing of a new constitution would be the major yardstick in Nepal’s political transition following the fall of the king’s government on April 24, 2006. Despite the high priority given for a successful CA elections by the donors, UN, civil society, and the coalition government comprised of seven political parties and the Maoist rebels, the actual holding of elections proved to be tortuously elusive for a while. The Interim Constitution promulgated by the reinstated parliament had specified that the CA elections would be held on June 2007. The government, however, cancelled the polls on the grounds that conditions were not ripe for the elections. The CA elections were then moved to July but the Election Commission reported its inability to hold the election citing inadequate legal framework for the task. Post election challenges The actual procedure for writing up the constitution is not clearly laid out nor agreed upon. If the past two years of coalition collaboration on a range of issues including the CA poli is any indication, the actual writing process could be even more contentious as the various constituencies fight over each word and clause in the constitution. This is all the more likely due to a number of specific reasons. The CA composition and its ideological character present a paradoxical situation. When combined together, the various left parties including the Maoists

Saubhagya Shah, Ph.D

Rather than being able to draft a new constitution in a reasonably calm and rational manner, the Constituent Assembly is likely to be a site of partisan posturing and strife and thus become bogged down in day to day politics.
command close to a 60 percent majority in the CA. During the first parliamentary elections in 1959, the communists had won less than 5 percent of the seats in the House. The phenomenal growth is a testament to the deep resonance left ideology finds among the masses in Nepal. Communism, as a faith, finally came of age in Nepal in 2008. The actual politics, however, is not as simple as what the electoral numbers indicate. First of all, the various communist parties are deeply divided and a common ideological front does not appear immanent. Secondly, be later endorsed as fat! accompli by the constituent assembly members without due deliberation. Even if the democratic deficit in the parliamentary process is justified as the political necessity of a transitional period, the restriction of voice and publicly transparent debate can seriously undermine the integrity of the democratic system. In order to hold the CA election “at any cost”, many of the difficult concessions made out to the ethnic and regional left to the Constituent Assembly to sort out. When these groups come to ask for the implementation of the agreements made by the previous government, the demands may overwhelm the Constituent Assembly. Rather than being able to draft a new constitution in a reasonably calm and rational manner, the Constituent Assembly is likely to be a site of partisan posturing and strife and thus become bogged down in day to day politics. This is all the more so because the 601 constituent assembly is also to function as a regular parliament as well. With the benefit of hindsight, many of the agreements reached within the SPAM coalition since the 12-point pact in New Delhi appear to have been contingent conveniences rather than longterm good faith agreements. This became particularly apparent after the passing of monarchy. After the demise of the common foe, the bitter intra-party rivalries and frictions began to resurface that had been glossed over while the fight against the king still lasted. Except other than selfpreservation, no other higher vision or purpose seems to holding the allies together after the elections for the president and the prime minister. Because of the highly polarized and fragmented political environment in which the CA will be working in, it will be difficult to aggregate the divergent interests into a cohesive and workable constitution. One major challenge will be to reconcile the heightened regional and ethnic aspirations for autonomy and federalism within a viable state. (The author is the Program Coordinator at the Conflict, Peace and Development Studies, Tribhuvan University) National Sovereignty of Nepal.” Speaking at the same program Mr. Bishwa Kant Mainali, the NCP-UML Party affiliated Chief of the Nepal Bar Association said “no where in the 1950 treaty signed between Nepal and India there is the provision for open border between the two countries, it is only due to the inefficiency of our leaders that we have not been able to close or at best regulate the border”. He said, “It is only due to the open border, Nepal has been facing threats to its Nationalism”. The UNNF President Mr. Phanindra Nepal urged the Indian leadership to become mature enough and stop thinking that while the Nepalese talk of Nepali Nationalism that should not be taken as anti-Indian stance. Nationalist leader Rajeshowor Devkota, columnist Barbara Adams, Communist leader Mohan Chandra Adhikari too expressed their views at the UNNF program.

LDCs being further marginalized: Nepal FM Yadav

VIEWS
2008 elections will also be remembered for sending the maximum number of bourgeoisie into the parliament as well. Many scions of top trading and business houses were nominated to the CA, ironically, on various communist party tickets, including the Maoists. The paradox is as startling as it is revealing: it is as if the 10 years of people’s war fought on the backs of the peasantry had gone on to produce a comprador-bourgeoisie flowering at the top. It is too early to predict the ideological and political outcome of the leftbourgeoisie alliance, but the challenges of yoking the interests of the peasantry with the capitalists will prove substantial enough. Ironic still, the numerical growth of the leftist base is not even matched by commensurate communist rhetoric. Arguably, at the precise moment when Nepal has become the most red, the primacy of class as an analytic and political category has been replaced by identity and ethnicity. It is this drift which directly bears on the present challenges of the federalizing the unitary state. While CA is the official locus of democratic deliberation and decision making, the current political circumstances have led that sovereign function to be dispersed into closed partisan rooms where party bosses decide on the major issues of the day to

No Special...
world map but yet from inside the continuous onslaught that is there to our nationalism has been indicating as to whether Nepal existed at all or not? “We have been facing serious problems of late sometime the citizenship issue, continuous encroachment of our lands from across the border and some time we have been facing problems due to the influx of immigrants…we must solve these issues seriously”. “India has been continuously encroaching upon our lands and acting like Nepal’s big brother.” “There is nothing special, be it known to all and sundry, in Nepal-India bilateral relations… there is no big brother as such and the bilateral relation should be defined on equal basis which is what our demand is.” The UNNF on Friday had organized an interaction program on “Impact of Sugauli Treaty on

Kathmandu: Nepal’s Minister of Foreign Affairs Mr. Upendra Yadav has declared that the head of various foreign missions stationed in Nepal must seek permission from the ministry of foreign affairs prior to meeting the ministers in the cabinet and the leaders of the political parties. “In the past, there was no such provision, thus the foreigners began meeting the ministers at their will summarily ignoring the Foreign Ministry”. “I believe such meets must be done in the presence of a Foreign Ministry official”. “The foreigners did not feel it necessary to inform the Ministry in advance prior to such meetings” said Yadav while meeting journalists at the Bhairahava Airport on Monday November 10, 2008. Mr Yadav attending a program jointly organized by the Madhesi Youth Forum and Nepal-India Friendship society in Bhairahava also said that “Susta and Kalapani” are the major issues of border disputes between Nepal and India. “Both Nepal and India do not have authentic documents to settle down the issues of border disputes, yet a political decision can solve them”, maintained Yadav.

Diplomats can’t ignore foreign ministry: Nepal FM Yadav

Integration...
which is yet under discussion among the political parties. Similarly, Defence Minister Badal who after his first China trip as a minister in Nepal, started uttering the need for drafting Nepal’s National Security Policy and now Mahara after the secret trip to China have favoured integration of Militias as per the New Security Policy. The two ministers have begun making similar statements only after their return from China. This is no less intriguing.

Other speakers who spoke along with Minister Mahara at a program organized by the HateyMalo Media Services in K a t h m a n d u o n S a t u r d a y, November 8, 2008, were Maoists’ Chief-Whip Dina Nath Sharma, UML leader Bharat Mohan Adhikari, NC leader Nar Hari Acharya. The China factor appears to have begun dominating the issue of the Militia-National army integration process. Yet another headache for India perhaps.

Everest

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open border, movement of people, recruitment of Nepalese citizens in the Indian army and management of non-traditional security issues could be signed. The prospects of abrogation of the treaty It is just as well for Nepal that Prachand at least could dare to raise the issue which is lying dormant for more than 58 years not being discussed. But given the political situation of Nepal and other factors, there is least possibility of revision in the treaty They (Maoist) know the abrogation of the treaty would not be beneficial to Nepal for her sustainable economy. It may be recalled in 1990 when India clamped down the blockade of fuel for Nepal, there was hue and cry in Nepal. Nepal tried to bring the fuel from China, but could not be successful as the cost of the fuel was double that of India. Not only this, the age-old cultural, religious and emotional ties between the people of the two nations would also be affected. Mr. Lama says: given the very nature, topography and age-old cross border exchanges and interactions the closing down of borders-like with Pakistan-will be impossible, untenable and impractical. It could, at most, be regulated through substantial increase in the number of official crossing points to help make the transition more people friendly. Besides, Madhesi Jana Aaadhikar Forum, a strong ally of Prachanda government is said to have not been in favor of abrogation of treaty being influenced by the pro-Indian lobby. Because of that also Prachanda can’t force India to abrogate the treaty as this will create a fear of losing the MJF support. Maoist has just raise the issue to keep happy anti-Indian lobby to maintain their political clouts upon them and to bargain with India to some extent for their political mileage. But India has agreed to review the treaty. During the India visit of Upendra Yadav, foreign minister of Nepal, the Indian Foreign Minister Mr. Pranab Mukherjee told him India is ready to sit with Nepal and review 1950 Indo Nepal Friendship Treaty. India agreed for the reason that she must have felt, Nepal always make 1950 treaty an issue alleging the treaty is completely in favor of India and she wants to make Nepal another Bhutan with the support of the treaty. So in response of it also and to bring back the good image of India in Nepal, India might have accepted the proposal of Nepal. Therefore, the corollary is of course there will be bout of roundtable talks between the leaders of Delhi and Kathmandu, but the treaty will remain in status-quo. At best, the treaty may end up in just construction of some schools and hospital in the name of India –Nepal friendship treaty, that’s all. (The writer is a freelance journalist by profession and can be reached at dbrai2007@gmail.com)

Vol: 25/ No: 36, November 12, 2008, Wednesday

D.B.Rai

Future of Indo-Nepal Treaty and its impact on Indian Gorkhas?
Nepal communist party chief Puspa Kamal Dahal aka Prachand has raised the issue of the review of historical treaty, 1950 Indo –Nepal treaty, rippling the political wave in India and Nepal. In his interview in Devils Advocate, a popular programme of NDTV, the top Maoist leader said, “Our people have put forward this concern that they feel that the treaty lacks in equality and that it is not beneficial for Nepal. We thus want to review all the points of the 1950 treaty and want to revise it according to new necessity.” The Indo Nepal treaty, a treaty of peace and friendship signed at Katmandu on 31 July 1950 between Chandreshwar Prasad Narain Sing, ambassador of India in Nepal on behalf of government of India and Mohan Shamsher Jang Bahadur Rana, Maharaja, Prime minister and supreme commander in chief of Nepal has ten articles that describes the condition of the friendship of both countries. Nowa-days, it has become a debatable issue in both countries, India and Nepal. Impact among Indian origin Gorkhas The issue of the abrogation of the treaty has brought reaction among Indian Nepali/Gorkha, too. Most of the Indian Gorkhas feel that 1950 is the stain for them as 1950 treaty’s article ‘7’ has not clearly mentioned about the status of Indian origin Gorkha/Nepali. Article-7 reads “The government of India and Nepal agree to grant, on a reciprocal basis, to the nationals of one county in the territories of the other the same privileges in the matter of residence, ownership of property, participation in trade and commerce, movement and other privileges of a similar nature” The Gorkhas in India feel basing on this very treaty they are alleged of being migrants of Nepal. Mr. R.B.Rai, ex-M.P. and a veteran leader of Darjeeling also says the treaty has become the weapon for them to assault on Indian origin Gorkhas. On the issue of revision of treaty, he further said, though it is India and Nepal’s political business, the issue touches the Indian Gorkha also. He also wants “there should be abrogation of treaty thereby making effective mechanism to check the influx of foreign Nepalese in India.” If such system were made, there will be record of the population of Gorkhas of Indian origin and Nepali who come from Nepal. This record will also be an evidence for us being Indian origin and tomorrow the day will not come to be called migrants by anybody. Gorkha Jana Mukti Morcha chief, Mr. Bimal Gurung also agrees that there should be revision of 1950 treaty but he didn’t clarify the reason as to why it should be reviewed. He said his party hasn’t

working in different schools. They have to come back to India quitting their job, if there was abrogation of treaty. Similarly, in the same line of Madan Tamang, Mr. R.Moktan , an advocate of Sikkim –Darjeeling merger, opines the abrogation of Indo- Nepal treaty is not at all concerned with identity issue of Indian Gorkhas. For, Indian Gorkhas have already started clamoring Gorkhaland issue which will be a strong identity for Gorkhas in the country ultimately, he says. On the other hand, some NonGorkha people are also demanding the abrogation of treaty Mr. Ashru Kumar Sikdar, an academician and writer of Siliguri, said the IndoNepal border is being used by people from the neighboring country to settle in several areas of Darjeeling district, particularly Siliguri. The only way to control this problem is to abrogate the IndoNepal Friendship treaty immediately.” However, Mr. Mahendra P. Lama, a prominent intellectual of South Asia and vice chancellor of Sikkim University, thinks that the abrogation of the Indo Nepal treaty

Remembering Shankadhar Sakwa
It happened some one thousand one hundred years back, drought in Kathmandu and the starvation thereafter saw people dying due to hunger. Then the emergence of Shankadhar Sakwa, an elderly citizen from the valley who belonged to the Newar Community saved the starving people in the valley. According to ancient texts, Shaka Dhar Sakwa who had prayed to the god was later directed to collect sand from the Bagmati River that turned into gold as instructed by the deity. The sand turned gold was thus used to Lalitpur do not have had even an idea of its very existence. In the week of Tihar Festival, the Newar community in the valley celebrated 1129 Nepal Sambat remembering the heroic deeds exhibited by Shankhar Dhar Sakwa. People belonging to the community this year took part in an hour long procession as every year in the Newar strong hold in the capital as well as other parts of the country wearing colorful traditional dresses, singing songs, playing traditional musical instruments and also drinking locally made Raksi ( Wasa in Newari language) while riding imported motor bikes. This Newari culture has represented the whole of the Nepali culture that is known all over the world, people in Nepal comprehend well. The leaders of various civil societies representing the Newar Community led the procession c hanting slogans demanding equal rights, recognition of Newari language as official one as well. The government has also duly recognized this Nepal calendar. Unfortunately, for the leaders belonging to this community, as others belonging to various communities living in Nepal, celebrating this occasion has remained as a tool to divide the already divided Nepali populace in the name of language, ethnicity and others that in contrary could have been a boon for the whole of the Nepali nationalism. In the end, for the leaders who claim to advocate for the national recognition of Newari language, preventing playing Hindi songs in the procession while promoting their own traditional songs could have justified their effort to protect their rapidly vanishing Newari language. The Indian cultural invasion must not be overlooked by the Newars residing whether in the valley or outside. Happy New Year: 1129. Nhu Daya Vintuna

On the demand of Indian Gorkha of abrogation of treaty he says: Interestingly the 10 million –odd Indian Gorkha living in various parts of India have also been demanding the abrogation of the treaty and the closing down of the border. This is because their identity is being diluted by the floating population from Nepal who come to India for livelihood. As a result, Indian Gorkha are dubbed as foreigners in states like Assam, Manipur and Meghalaya.
taken any decision on it yet to speak on it. However, Madan Tamang, one of the veteran leaders of Hill, has otherwise views. He said the revision of 1950 treaty has nothing to do with Indian Gorkha. “Our citizenships (the citizenship of Indian Gorkhas) are never challenged by anybody in India. So there is not any interest for us to talk about the treaty” he said adding that only Nepal origin Nepalese who come here for labour and drudgery are humiliated by calling them ‘Migrants.’. On the abrogation of treaty, he holds the view that this would rather hamper the economy of Indian Gorkhas who are more than fifty thousand in numbers in Nepal

is the demand of the some elite section of Nepalese. He writes: “There has been a protracted demand by some sections of the Nepalese elite for abrogation of the treaty on various grounds. They have used this to demonstrate India’s ‘big brotherly’ attitude and attempt to erode and usurp sovereignty.” On the demand of Indian Gorkha of abrogation of treaty he says: Interestingly the 10 million –odd Indian Gorkha living in various parts of India have also been demanding the abrogation of the treaty and the closing down of the border. This is because their identity is being diluted by the floating population from Nepal who come to India for livelihood. As a result, Indian Gorkha are dubbed as foreigners in states like Assam, Manipur and Meghalaya. He also suggests three critical options in determining the future of this treaty. First, let this treaty be drastically rewritten, incorporating likely future needs, second, this treaty could be abrogated forthwith after a kind of referendum, and third is, this treaty could be abrogated and several new agreement like the modalities of

Army Integration: An instrument which can destabilize Nepal
Sujit Thakur
i n t e g r i t y, t h e n obviously all of 25 million people will be available to sacrifice their lives for the motherland but in normal condition, we do not see any relevance in having such a huge army when virtually they are of no use in reconstruction of the state. So there will always be a question in front of the army? Is there anybody to justify how our future will be secure in hands of a doubtful security agency? Maoists, through their civil war have injected a new thought in common Nepalese mindset that if you can lift a gun, your voice will be heard. The trend is a super-hit formula to fulfill your political ambitions, and in recent times, this trend is replicated by many opportunists creating a state of sheer confusion, chaos and terror. When all of these groups demand tomorrow to be integrated with the national army, what will eventually be the structure of our National Army then? I would like to make an illustration here with reference of Indian Freedom Fight, the army of Netaji Subhash Chandra Bose that is Indian National Army (INA) which fought with British forces and were instrumental in bringing British army to their knees, but still they were not integrated with the army of Independent India (Barring few exceptions). Though personnel of INA were Indians, they fought Britons but yet they weren’t mixed up with the national army of India because of

One of the poorest countries in world yet extremely rich in natural beauty, Nepal is currently facing her biggest challenge till date. After a grueling civil war for almost 15 years, Nepal is steadily but continuously heading on a path of peace and reconciliation. The blood spilled during the conflict has left an incurable scar on common Nepalese hearts, the pain it has caused is inconsolable but still thanks to brave Nepalese hearts, and we are up again to move on. It was our continuous belief in peace and harmony that prompted us to take this moderate path. People of Nepal want to forget the tyrannical past and this is the strong urge and sentiment of our people that has enabled a state of stability but in truer sense we are far behind to achieve our goal yet. The current situation has not changed much to give ourselves a belief to be optimistic, the present state of confusion has arisen due to different reasons. One of them being the issue of “Army Integration”. According to UN sources there are more than 19000 Maoists combatants at barracks while Nepal army has strength of about 75000. For a poor country with a population of 25 million, I do not see any good in having such a lavish security expenses. If an attack is made on national

DOCUMENT
been talk of integration of Maoists militia into national army, a step which will definitely not lower down the numerical strength of the security personnel. I am opposed to this move because of some very fundamental reasons. Firstly, Nepal in no way needs such a huge army to secure her sovereignty, so the expenses incurred on them will be an unwanted burden on the national exchequer. Secondly, the Maoists militias are personnel trained and committed to some political ideologies which I can bet create conflicts as and when there is a clash on political differences. I am not doubting any of Nepalese’ honesty but it is hard but truth, that a politically motivated group cannot assure of being nationalist all the time.

a simple fact that the national army and politically motivated army cannot have similar approach and so there would always be conflicts amongst them which ultimately will hamper national interests. In Nepal, the Maoists have not fought with any foreigner rather they have fought with their own countrymen; they have fought with this present Nepal army, then how can there be unification with the army with whom they fought? If this unification is made forcibly then it will be weakening the security system. Then question arises thus, “How to Manage Maoists militia”? It is a genuine question and has to be resolved wisely. There can be rehabilitation programs to consume them in the mainstream, they can be provided with vocational trainings to make them competent to earn their bread and butter, the authority in Nepal should take a bold step in creating job opportunities which will not only lower the burden of Government but also will help in bringing about a sort of economic revolution in the country. We have many areas where we can improvise and have a huge number of jobs created, for example, Tourism, Hydroelectricity, agriculture, Nepalese handicrafts, and garments. Hope the decision making people will take bold and wise decisions in days to come!

feed people and also to bring prosperity back into the starving valley. The Newar community living in Kathmandu and those migrated throughout the country celebrate this occasion every year as Nepal Sambat (or Nepal Calendar). The community also claims that this calendar being locally formed one should be given official status rather than the present one the Bikram Sambat, which was brought from India. The demand seems logical one but the question that comes directly into the mind is the present popularity of the proposed calendar throughout the nation. Some intellectuals belonging to the same community also claim that even in the recent past the popularity of this calendar was well restricted within Basantapur area in Kathmandu, whereas people living in Bhaktapur or

It is for the people to bring Royal Institution back
Shrish Rana is not an unknown political personality for the readers of this weekly. He has appeared in various columns of this paper at different intervals of time since mid 1990s. He is a political scientist who is closely monitoring the unfolding events in this country. During the Royal regime, Mr. Rana was State Minister of Information and Communications. Last week after a long gap, we approached this suave political man for a tête-à-tête to which he agreed. Below the results: Ed.
TGQ1: What keeps you busy these days? As a political personality, I presume, you must have been closely monitoring the unfolding political events in Nepal. Your assessment of the situation please! Mr. Rana: I am doing what I was doing previous to my becoming a minister. Reading, writing and meeting friends and family. As a journalist, I keep in touch with things and friends insure that I am with events. I have said previously too that constitutionalism and democracy have been waylaid by the major political parties that led the Janaandolan 2 and an international community has ignored this on the plea of peace disregarding the terror component of the movement itself. The fact is that peace in Nepal is a euphemism for what the major parties that coalesced to hold the constituent assembly elections by insuring that their own opinions and not the popular opinion prevail define as peace and their media project as such. It is interesting to note that a section of the international community viewed the elections unfair some months after they themselves pronounced it, as expected, 'relatively' fair. The rules of the game keep changing to suit this political monopoly and the imposition of their will on the people is reaching explosive limits. I await this explosion. Another possibility is an implosion of the sort defined by excruciating differences within and among the current monopoly which have so far been kept under the lid by external forces and mutual interest. TGQ2: What concrete political gains the country has so far achieved after the exit of the Institution of the Monarchy

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Vol: 25/ No: 36, November 12, 2008, Wednesday

I am fearful that the steps being taken to create a New Nepal and the very factors that are being claimed as gains are virtually dismantling Nepal and not creating a new one.
were rumors that the elected constituent assembly would not convene. There were rumors that the monarchy would not be thrown out by the constituent assembly, at least prior to the drafting of a constitution. Unfortunately the initiative and agenda for political change in Nepal has assumed extra-national proportions and speculation over the ability or inability or the will of the constituent assembly to do its job has become fairly redundant. Please recall how a neighbor's congratulatory message was read in the assembly even prior to the assembly officially declaring Nepal a republic. Imposed politics can make sure that you have a constitution by time you are reading this piece with nary a word in protest. As for

Shrish S. Rana Political Analyst, Kathmandu

on June 11, 2008? Your comments please! Mr. Rana: Gains? It is being made out that Nepal and the Nepalese have become their own masters now. That there is more peace now. Unfortunately, 'New Nepal' seems to have reverted to Nepal of the Fifties sans the monarchy and peace at the grass roots is a myth. One political realization dawning on the people is the felt need for, or the vacuum created by, the absence of a monarchy that could withstand both the demands of an assertive international community and the unconstitutional pressures of a self-seeking political sector. But the people are too scared to voice this because the terror remains. I am confident that the scare factor has its limits. I am fearful that the steps being taken to create a New Nepal and the very factors that are being claimed as gains are virtually dismantling Nepal and not creating a new one. TGQ3: There are wide s p re a d r u m o r s t h a t t h e constitution could not be drafted on time. Is it that the political parties represented in the Constituent Assembly themselves dillydallying the constitution making process? What if the Constitution is not written, as promised, on time? Will in that eventuality that may invite people's wrath? What say you? Your opinions please! Mr. Rana: There were rumors that the elections to the constituent assembly would not be held. There

popular wrath, the idea is to stifle it in a well heeled media and through the muscle of organization. Money, muscle, media, as they say it across the border. In the Nepali case, the bullet is real too. TGQ4: Foreign interference is at its peak, we are told. Some

even claim that Nepal has already become the " p l a y ground" of India and China. Do you subscribe to this view or have some thing different to say to our august readers? Yo u r c o m m e n t s p l e a s e ! Mr. Rana: I am aware that nations have national interests and behave with other nations with their national interest in mind. In our case, the political man in whose pocket political organizations claiming popular

interest and representation have been dumped have defied constitutionalism and democracy and the only course for the person on the streets is to win back their individual rights by popular civic action. It is only then that a semblance of national interest will emerge in Nepali politics. TGQ5: Do you visualize the likelihood of the come back of the Royal Institution? What factors, for example, will encourage such a sudden come back? Your remarks please. Mr. Rana: What is a King without his people? It is for the people to bring this institution back. This is the bottom line.

Obama Presidency and Pakistan's challenges
Dr Hasan-Askari Rizvi, Pakistan
America has elected an African-American as its president. His election represents an outstanding example of how democracy, especially the electoral process, can be instrumental to a peaceful transformation of political and societal landscape. US historians often describe their struggle for independence against the British in the last quarter of the 18th century as the American Revolution. The latest presidential election has produced an equally revolutionary change by contributing to improving the prospects of democracy in the rest of the world. Thee supporters of democracy can now cite the latest US elections to argue that democracy empowers people and facilitates peaceful renewal of society by dismantling traditional socio-cultural and political barriers. The election has also engendered the hope that the new US administration would de-link itself from the Bush administration’s foreign policy profile which emphasised unilateralism and pre-emptive use of military power. Hopefully this new administration will pursue its foreign policy agenda by adopting a pluralist approach that uses multiple instruments — soft power, diplomacy, political coalition-building at the global and regional levels — to resolve conflicts, local and regional, which threaten peace and stability and undermine the capacity of a state to control extremism and m i l i t a n c y. T h i s c a l l s f o r downgrading military power as an instrument of foreign policy. Direct and brute military power should be used as little as possible. The advent of the new administration in Washington in January 2009 provides an opportunity to Pakistan’s foreign policy and security establishment to take up contentious issues in the Pakistan-US relations with the new team. Pakistan starts with three advantages: First, the new team in Washington will be free of the ideological and political legacy of the Bush years. They will be starting with the desire to pursue novel approaches to old problems. This provides Pakistani diplomats an opportunity to take up old problems in a new context, provided they can put forward fresh practical suggestions. However, it needs to be recognised that the new team is going to include people who are knowledgeable about Afghanistan and Pakistan — some of them have spent years working on or dealing with the problems of the area either in earlier administrations or in Washingtonbased think-tanks. Second, Pakistan’s present government has the advantage of The US is also expected to increase its reliance on soft power and diplomacy by making more funds and technical assistance available to Pakistan for socioeconomic development than was the case in the past. They are also expected to experiment with the dialogue option for separating the ‘moderates’ from the ‘hard-liners’ among the Taliban as well as to separate them from Al Qaeda. This will make it easier for Pakistan to cope with militancy in the tribal areas by pursuing a triangular approach which includes the use of military power, dialogue and economic development. Pakistan will encourage the local tribal people to resist radical and militant elements who attempt to subdue the local population and the Pakistani administration though coercion and intimidation. Pakistan’s present government has departed from the dual-track counter-terrorism policy of the launching suicide attacks in mainland Pakistan with greater frequency — the objective being to destabilise society and deter authorities from taking action against them. The present government describes the war on terror as Pakistan’s war because the militants (i.e. Al Qaeda, Taliban and similar groups) have threatened to destabilise and paralyse Pakistan. This approach is very different from the Musharraf days. His policies accommodated those who wanted to take action against the Taliban as well as those who sympathised with the Pakistani militants. His civilian government also included sympathisers of the Taliban. Pakistan’s counter-terrorism policy faces strong opposition from Islamic parties and the PMLN, who express varying degrees of sympathy and support for the Taliban and oppose military action in the tribal areas. This lack of consensus on counter-terrorism is adversely affecting the government’s efforts to control extremism. The government of Pakistan faces another problem. The repeated US drone attacks in the Pakistani tribal areas are another obstacle to building consensus on counter-terrorism. The attacks have killed more Pakistani civilians than Al Qaeda operators. They embarrass the government of Pakistan and give a handy reason to Islamic elements to mobilise support for their anti-US and pro-Taliban discourse. The government of Pakistan has the opportunity to take up the issue with the new administration. The matter was raised with General David Petraeus, the new CENTCOM Commander, during his visit to Pakistan and Afghanistan earlier this month. As the new administration reviews the Afghanistan situation, Pakistan should highlight the injurious impact of drone-attacks and emphasise the need for a joint strategy to cope with militancy in the tribal areas. However, Pakistan will have to take into account American concerns about militancy in the tribal areas, especially the American view that these areas have become a sanctuary for militants that challenge American and NATO troops in Afghanistan. Pakistan’s capacity to pursue dialogue with the US will be strengthened if the government cultivates a widely shared consensus on counter-terrorism by accommodating the opposition in the domestic political context. There is enough scope for cooperation with the PMLN, whose disposition on counterterrorism can be moderated if the PPP leadership adopts a more accommodating disposition. Pakistan’s options are also limited by the current economic crisis. When this is coupled with other economic threats like inflation, price hike, budgetary deficit, the balance of payments problem and fast depleting foreign exchange reserves, one wonders how some Pakistani leaders can talk of defying the international community on economic, security and terrorism issues. Pakistan needs to strengthen its international linkages, engage in multipronged and astute diplomacy and, above all, work towards controlling extremism and terrorism in and around Pakistan. This will help to secure internal stability and coherence as well as strengthen Pakistan’s stature in the comity of nations. That will in turn improve Pakistan’s bargaining ability with the US. (Dr. Hasan-Askari Rizvi is a political and defense analyst)

being an elected civilian government. This is going to facilitate their interaction with the new US administration because the latter will have a tilt towards democracies. However, the US will continue facing policy dilemmas in balancing the preference for democracy with the imperative of protecting American interests in global politics. Third, the new administration is expected to pay more attention to providing assistance for socioeconomic development, thereby hopefully making more resources available to the Pakistani government’s social development programmes. The US will of course continue providing military and security assistance, but the main focus will be on non-military assistance.

international
Musharraf government which took action against the Taliban and Al Qaeda activists in a selective manner. Some militants were targeted while others were given enough space to function at a low level. This duality also reflected in the discretion given to local intelligence and administrative officials for dealing leniently with the Taliban. These policies compromised military operations during 20032006 and enabled the Taliban to entrench themselves in the tribal areas and the adjoining districts of NWFP, especially the Swat area. The approach broke down in 2007 after the Lal Masjid incident in Islamabad. The Taliban retaliated by resorting to an open military confrontation with the Pakistani state authorities by

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C.D.O. Regd. No. 99/040/41

Ba Postal Regd. No. 165/40/40/41

The Telegraph Weekly

Vol: 25/ No: 36, November 12, 2008, Wednesday

Opinion Bishnu Nisthuri, Former President FNJ: As the first president of the republic, Mr. President, do you wish to visit various parts of the country and meet the people at their place. People believe that such interactions with the public will enhance the prestige of the presidential-post? President Dr. Yadav: I also believe the same. I have in the meantime met with the flood victims in the eastern part and the far western part of the country. However, I cannot decide on my

own to travel around the country, it is up to the government to decide. Nevertheless, I am continuously receiving invitations from across the country to attend programs. People wish to see the president at their place. Prakash Adhikari, Rajdhani Daily: After your election as the president it was reported that you received an invitation for China visit but later it was cancelled ---followed by a controversy too. President Dr. Yadav: In reality there was no program set
democratic system Monday afternoon perhaps to keep in good mood those who believe that Nepal must jump to a People’s Republic by rejecting the parliamentary system of democracy. “Parliamentary system of democracy has already become redundant in the changed world context and that this system only widens the gap between the poor and the rich and thus this mode of democracy must be replaced by another suitable one”, so said Nepal Prime Minister while addressing an international gathering Monday afternoon. Was the said speech made against the democratic system a “compulsion” or his own distaste? This will be no less interesting to note in the days ahead. Clever analysts claim that Nepal PM Dahal might change his views and tones as regards the parliamentary system when he will be meeting the leaders of the world’s so called “largest” democracy-India. “He keeps on changing his views”, commented one political analyst when asked to comment over Prachanda’s tirade against the democratic system. Now that he has made negative comments against the democratic system once again, how the developed democratic West digests his remarks will have to be seen.

for my visit to China and all the controversy that happened of late relating to this issues are baseless. After my election as the president of this country, for few days I kept on meeting constitutional experts, followed by meetings with leaders of all the 25 parties in the CA. During that period I heard that few gossips were on as regards my visit to China to attend the Beijing Olympics. To tell you the fact I did not receive any formal invitation to attend the ceremony. Formal invitations are normally forwarded through the ministry of foreign affairs after the decision
lead the liberal front? The question also could crop up as to whether the parties Thapa intends to bring into the liberal fold subscribe to the views aired by Thapa? Will they also see the threat to the very existence of the nation as a single and undivided entity as Thapa has visualized? Well! Whether the liberal forces come under one umbrella or not, however, what is for sure is that when this maverick politician has said that the country needed a “liberal front” then this would happen sooner than later. Thapa presumably has received some “instructions” from New Delhi in the meantime and thus his anxiety that the radical communists will sooner than later gulp the nation. To recall, S. B. Thapa is a Nepal’s political personality whose “connections” with the Indian establishment dates back to the age of Indira Gandhi. The connections remain intact even as of today, claim analysts. Should this mean that the Indian establishment made Thapa to speak? Should this mean again that the New Delhi regime is also afraid of the possible broader Left alliances? Be that as it may, how Thapa’s some what frightening utterances are being taken by the liberal forces will have to be watched.

of the government. However no such invitation I received and I was not even told by the government to visit China. To be candid, I have not yet been invited by any county for a visit. Dharma Raj Luitel, Radio Sagarmatha: It is a normal practice that speaker of the parliament and the prime minister brief the president after returning home from foreign trips? Is it being practiced in Nepal, Mr. President? President Dr. Yadav: Yes, the briefing is going on a regular basis. The Prime Minister before and after his China visit talked to me. Similarly, later when he traveled to India and the US he, briefed me. Sudhir Sharma, Kantipur: Is there some sort of time table set for the routine meet between the president and the prime minister? President Dr. Yadav: The time table is being prepared, I guess. The thing that we need to understand here is that we are actually after the 240 years old institution of monarchy experimenting this new order. We must look out side the country to learn something new. It is equally true that what I practice in this period will finally become the tradition. Thus, I have told the concerned people to devise a time table mechamism. Even though weekly meeting is not possible, I firmly believe that the President million poor-Indian citizens to acquire Nepali nationality already. A section of the Nepali media even claims that the incumbent Minister for Local Development from the UML quota, Mr. Ram Chandra Jha is an Indian national. “The Indian ministry of Foreign Affairs has already sent a draft of the Treaty for the perusal of the republican government of Nepal,” say foreign ministry sources in Kathmandu. It is likely that Prime Minister Dahal will be pressed hard to sign this treaty while being in New Delhi or at best if Premier Dahal denies signing the Treaty being in

and the PM should meet at least two-three times a month. Similarly, meeting with other constitutional heads can also be managed. Slowly but surely everything will be in order. As I am also the supreme commander of the Nepal Army, I am also holding regular meeting with the Chief of the Army Staff. Sharad Chandra Wasti, Image Channel: You are the president of a secular county. Yet you are in the manner similar as the past kings of Nepal visiting temples and holding Hindu rituals. What you have to say Mr. President in this aspect? President Dr. Yadav: After the election to the president I have not talked to the government of Nepal in this aspect. Yes the country is a secular one but people practice their religion too. When in Rome do as the Romans do…similarly, I am doing what people want me to do. After the election, I visited the Pashupati Nath temple, Swyambhu, the Krishna Temple in Lalitpur, Janki Te m p l e i n D h a n u s a a n d Navadurga Temple as well. At Eid I went to a Mosque and during a Christian festival I will visit a Church as well. It is true that a nation as such may not have a religion but people have the right to practice their religion. Mahendra Bista, Former General Secretary FNJ: You were a leader of a political party in the past and now a ceremonial president of this country. Is it New Delhi, the Indian Foreign Minister Pranab Mukherjee who is to visit Nepal on November 24 will do the needful. High placed sources say that smelling rat, the Pakistan government too has proposed the Nepal government to sign such a similar treaty with it. In the meanwhile, the Chinese regime too has been suddenly interested in pressing Nepal to sign such a treaty in the light of India’s intelligence agency-RAW, behind recent anti-China activities in Nepal.

uncomfortable for you now being the president and tell us if you think the president needs more space than you have been given presently? President Dr. Yadav: Firstly, tell you very frankly I am not a ceremonial president. I am under the ambit of the constitution but a preserver of the constitution as well. No where in the constitution it is mentioned that the president is a ceremonial one. As regards providing more space to the president is concerned it is not me who will decided this issue, the constitution does it. It is up to the media to initiate the debate. Rishi Dhamala, Reporters Club: The country is heading for a chaos. Issues such as Militia-Army Integration, Federalism and demand for One Madhesh One Pradesh. What you think is better to resolve such disputes? P re s i d e n t D r. Ya d a v : Currently my role is to preserve our Nationality and National integrity. Formerly, as a general secretary of the Nepali Congress I stood against the One Madhesh demand, presently I am not in a position to support of oppose any thing. This issue will be dealt by the CA. First thing is National Unity. We might speak different language, may have different customs but we must not forget that we are Nepali first. (Based on a conversation with the media men held at President Yadav’s resident in Dhapai Kathmandu on November 1, 2008, Sanghu Weekly)

Divided...
Fourthly, perhaps having understood his real “footing” in the party in its entirety, Nepal Prime Minister Pushpa Kamal Dahal is bound to speak the lines drawn by his mentor which is why he is almost forced to make speeches against the democratic order. Prachanda knows the consequence of what would happen to his current post in the party if he exhibited his reluctance in deriding at the democratic order. High placed sources who are presumed to be very close to the Maoist quarters say that the hardliners in the party have already pushed a fresh proposal that any member of the party could hold only a single post. At a freshly concluded meeting Prime Minister Dahal who is also the head of the Maoist party was grilled on these counts: 1-One man one post. 2-Party must initiate political actions that guarantees the establishment of a People’s Republic as the parliamentary democracy has already become redundant and thus defunct. 3-The party must also provide its due attention towards the preservation of waning Nepali nationalism. 4-The party believes that the advent of the republican order in the country will have no meaning if Nepal did not exist in the world map. 5-Its corollary would be that since Nepal’s territories were being continuously encroached upon by the Indian establishment at different places of the country, Nepal as a sovereign nation-state must not close its eyes and do the needful. Its expanded meaning would be that the hardliners in the party would demand from the Prime Minister to raise these issues straight with the expansionist regime across the border. In sum, the hardliners in the party of the ex-rebels are gaining strength each day. Prachanda’s keen desire to see his near and dear ones in high lucrative posts too has become an agenda for the hardliners to grill their own party president. Some even say that Prachanda might be thrown out from the political scene if he ignores the “radical line” charted by the hardliners led by Comrade Mohan Vaidya. Unconfirmed reports have it that Mohan Vaidya enjoys the support of defense minister Badal, Communications minister Mahara and Netra Bikran Chand alias Viplav and some more others. Perhaps fearing of being unseated by the hardliners in the next CC meeting, Nepal Prime Minister spoke against the

Reports also say that Jha did not feel necessary to inform the government of his meeting with the Indian envoy. VP Jha is on record to have said that the Special Committee formed by the government for Maoist militia integration as 'unconstitutional', Interestingly, Jha earlier on the same day had met with Mrs. Si Hui-the deputy chief of mission at the Chinese Embassy in Kathmandu. VP Jha and Ambassador Sood met at Mirabel Resort in Dhulikhel, it is learnt.

Dhulikhel...

Unite...
Sharp brains claim that Thapa’s airing of his views have not come for nothing. Remarkably, the RJP Chairman Thapa’s airing of his views have come close on the heels of the Maoists championing the establishment of a People’s Republic. The hardliners in the Maoist camp have been pressing of late their party high command to switch over to People’s Republic at the earliest Perhaps threatened by the Maoists fresh declaration that they will not settle for less than a People’s Republic, Thapa feels it urgent to alert the entire democratic forces to unite or face the music played by the radical communists. Rumors claim that Mr. Thapa has recently met former King Gyanendra. The meeting presumably took place well after the conclusion of the Tihar festivals. Now the question arises as to how Mr. Thapa could convince other political parties, for example, the Nepali Congress, the Madhesi Janadhikar Forum, and the Terai Madhesh Loktantrik Party and the likes, for the formation of such a broader democratic front? For sake of convenience, let’s presume that he convinces the democratic parties, and then the question automatically comes into existence as to which party should

Politics...
in the politics”. “Politics was a bad game…if I would have comprehended this fact earlier I would, for sure, never have joined this profession”. “Now I have quit politics and occupied the highest position in a democratic republic and thus these are testing times for me and let’s see how successful I become finally in serving the people”. “Unless and until politics come to the right track, neither economic nor social development was possible”, frustrated Nepal President added. Analysts suggest Dr. Yadav that if the politics was so dirty then he should resign from the current post and join his former profession. After all, he is free to resign, analysts conclude.

Nepal PM...
act that allowed millions of Indian citizens to acquire Nepali citizenship certificate. The government of Nepal formed after the fall of monarchy passed the citizenship act which is said to have been done as per the instructions of the New Delhi establishment, which allowed two


				
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