South Asia Analysis Group


Note No. 178

25. 02. 2003

  

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Nepal: Cease fire should be strengthened with a code of conduct quickly. Update 29.

by Dr. S. Chandrasekharan

Surprisingly, without any structured follow up, the cease fire has still continued without any major incident for the last three weeks.  The National Human rights Commission (NHRC) was the first to take up the issue.  In separate, but identical letters the NHRC has appealed to both sides to transform the state of truce into a lasting peaceThe letter asked the two sides to come out with a public commitment and a set of dos and don’ts.  It also insisted on a code of conduct for the two parties during the cease fire.

G.P.Koirala made the same point when he said that the cease fire will not be relevant and transparent until both sides come up with a code of conduct.

The government is perhaps aware of the tenuous nature of the cease fire without a follow up action on the modalities.  Narayan Singh Pun, the chief coordinator indicated on Feb. 15 that the government is drafting a "code of conduct" for the formal negotiation with the Maoists and that the draft will be made public.

It therefore appears that the government besides agreeing to the three demands of the Maoists ( removing price tags, legitimising the party and the cancellation of red alert notices) have not discussed the modalities of cease fire with the Maoists so far. This is likely to complicate the peace process as there have been reports of Maoists freely moving about in remote villages with arms besides having training exercises and arms drills.  So far the security forces have been avoiding any confrontation with armed Maoists.

Experience has shown that it is not enough to have dos and don’ts during the cease fire but there has to be a mechanism to monitor and verify cease fire violations on complaints from both sides.  Prime minister Lokendra Bahadur Chand is said to have reacted favourably to suggestions made by human rights activists to involve international intermediaries and observers in the negotiations on the same lines as in Sri Lanka.  This move if pursued would only internationalise a problem that is essentially internal.

All reports indicate that the cease fire was negotiated essentially by the King’s emissaries directly with the Maoists. This was stated by none other than Prachanda himself in an interview with a newspaper of Kathmandu.  In a meeting of nine leftist parties, Nepal People’s front chief, Amrik Sherchand quoting Prachanda also confirmed that before the cease fire was declared, an understanding was reached with the King’s emissaries.  The fact that Narayan Singh Pun the negotiator meets frequently the King to brief the latter on the ongoing negotiations and other issues raised by the Maoists also tends to give the impression that the King is getting directly involved in the talks.

While the King and his government have avoided the political parties in the negotiations so far, the Maoists on the other hand are making rounds in Kathmandu to meet all the political leaders. Prachanda in his telephonic conversation with Madhav Nepal of UML had indicated that they would seek participation of all political parties to reach a political solution.  Two Maoists leaders, Krishna Bahadur Mahara and Dinanath Sharma are camping in Kathmandu and are doing rounds to ascertain the views of the political leaders.  It may be recalled that Krishna Bahadur Mahara was the chief negotiator on behalf of the Maoists in the earlier aborted cease fire and peace talks.  He was the one interviewed by the CNN a few months ago which the Nepalese allege was done in the JNU campus at New Delhi!

The Maoists leaders met G.P.Koirala on 18 Feb., Narayan Man Bijukche of NWPP (Nepal Workers and Peasants party) on 19 Feb, UML leader Madhav Nepal (date not known) and former Prime minister Kirti Nidhi Bisht on 23 Feb.  They met human rights activist Padma Ratna Tuladhar on 19 Feb. and talked to another activist Dhaman Dhungana.  The last two have been requested by the Maoists representatives to work as facilitators for the talks.

Prachanda the chairman of the Maoists is also said to have had telephonic conversations with Narayan Man Bijukche, G.P.Koirala ( denied by Koirala) and Madhav Nepal.  Prachanda is said to have described the cease fire declaration as part of a strategic balancing act following the government’s willingness to concede certain demands of them.  He described the talks as the "continuation of the war by another means" and said that the leadership is aware of the conspiracy being hatched by the "outgoing regime, imperialists and expansionist (read India) forces."

What is noticed and of significance is that Narayan Man Bijukche of NWPP has become active in the ongoing negotiations.  NWPP with its stronghold in Bhakthapur in Kathmandu valley is known to be a pro Chinese party and in the past has been funded by the Chinese.  The fact that Prachanda chose to speak to him first ( not denied by anyone) and that the Maoists representatives have also met him in the beginning of their political rounds show that the Chinese are fully in the picture.  Of the former Prime ministers, Kirti Nidhi Bisht was the first one to be met and in the past Bisht had also been one of those said to be close to the Chinese.

The Maoists in the meanwhile are wasting no time in going round the rural areas to mobilise their cadres and the public . They have held public meetings in a big way in districts where they are strong like Myagdi, Rolpa, Khotang, Baglung and Bara.  In most of the places reports indicate that the Maoists were fully armed. Sports events, lectures and house to house visits are taking place. Some combat training and drill displays have been reported.  In the mass meetings the Maoist leaders highlighted their grievances and their demands particularly one for a constituent assembly to have a people oriented constitutional dispensation. There is a certain amount of fear amongst the public and in the absence of leaders of other political parties in those remote areas, the Maoists are having a field day.

The left oriented parties in the meantime are consolidating their position.  The UML of Madhav Nepal took the lead in convening a meeting in Kathmandu on 11 Feb. Leaders of CPN- Unity Centre/Masal, People’s front Nepal, CPN-Marxist, CPN-MLM, CPN- United, Nepal Socialist Party (MLM) and NWPP.  They called both the left forces and the democratic parties to work together with a common strategy to settle the current crisis. In the meeting they admitted that they were overtaken by the suddenness of the cease fire between the government and the Maoists.  Strangely Madhav Nepal criticised both the King and the Maoists as not truly representative of multi party democracy and people’s sovereignty.  Ultimately if the talks make some headway, it is likely that the leftist forces would join hands with the Maoists and seek some compromise as they cannot afford to give up the political space created by them since the 1990 revolution.

The RPP consisting mostly of former Panchayat leaders has by and large stuck to their demand of being included in the peace dialogue between the government and the Maoists.  Their leader Pasupathi Shamsher Rana declared on Feb. 10 that the "political parties should never be excluded in the process to reach a negotiation." While they have not been invited to participate in the talks, they have declared that the principle of people being the repository of sovereignty, constitutional monarchy and multi party democracy is non negotiable in the talks.  But the party as such is not likely to be of any embarrassment to the King and will fall in line.

It is only the democratic forces led by the Nepali Congress which are still in disarray and unable to come to terms with the recent developments. It is time they make a positive move and take a realistic position with regard to the talks. There is other wise a chance of their being isolated.  G.P.Koirala is still harping on the restoration of the dissolved house and says that a constitutional government can follow. It is not clear what he really wants.  His cadres for fear of the Maoists have not moved to the interior villages to explain the party’s position and mobilise them.

The King is taking a big gamble in marginalising the Nepali Congress and the present divisions within the party appear to have given him the confidence to continue with this strategy.  The Leftist forces, aware of the move have begun consolidating their position. It is time that Nepali Congress mobilises all the democratic forces to get involved and take a united stand.  Otherwise all the efforts and sacrifices they had made for decades before, will come to nothing..

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