South Asia Analysis Group


Note No. 196

21. 08. 2003

  

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NEPAL: Third round of talks with Maoists- Not a failure. Update 35.

by Dr. S. Chandrasekharan 

The third round of talks between the Nepal Government represented by Kamal Thapa and Dr. P.C.Lohani and the Maoists represented by Krishna Bahadur Mahara and Dr. Baburam Bhattarai in the presence of facilitators, took place at Nepalgunj on the first day and later in a remote village in Dang district between 17 and 19th August. The two sides agreed to meet again to continue the talks.

In the absence of a decisive conclusion or an official communique, the Nepalese media made alarming reports about the talks. While one leading newspaper described the talks as in "death bed," another tabloid, one of six that come from Kathmandu in mid day, went to the extent of saying that the talks have failed and that the Army is gearing for an offensive against the Maoists immediately. There was panic in Kathmandu for a while. Unfortunately the King was also planning to be away in England for a medical checkup during this crucial period giving rise to rumours that the King waned to be away after giving orders to the Army to go for the offensive if the talks fail.

On the first day after initial pleasantries, the Government side placed a seven page document for the consideration of the Maoists. Though the full text of the document variously described as "reforms package" or "political agenda, "could not be obtained, the following points put forth by the government have come to notice.

* The document emphasised that multi party democracy, constitutional checks and balance as well as progressive economic reforms and social transformation are the essential features in the reforms of the state system now proposed.

* The basis for achieving the above goal will be "protection of sovereignty vested in the people, constitutional monarchy, multi party democracy and national integrity and unity"

On the specifics- the document undertook to make the following reforms that included

* Transparency in the conduct, composition, and source of funding of the political parties.

* A more effective and autonomous Election Commission.

* Provision of an interim government to conduct elections. ( with Maoists being part of the provisional government)

* Strengthening of the prime ministerial system of government and rectification of the controversy over the prerogative of the prime ministerial system of the government to dissolve the House of Representatives.

* A National Assembly with ethnic, tribal and dalit representation in proportion to their population.

* A minimum 25 percent reservation for women in all the representative bodies as well as in educational, health, administration and other employment generating institutions through amendments in the Constitution.

Reaction:

The Maoist representatives in the talks rejected the document outright accusing the government of trying to make "cosmetic" and not "systemic" changes. Baburam Bhattarai was heard to have said that the document takes care of what happened in Nepalese history in the last twelve years and not in the last 234 years. The document according to them was silent on the issue of restructuring the Royal Nepalese Army. Another issue of difference was the demand of an election to a constituent assembly.

The reaction of the political parties to the document was mixed. They questioned the mandate of the government talks team and how the decisions arrived at could be implemented. One of the constituents, the Peoples’ front said that the agenda fell short of the Maoist demands.  Madhav Nepal of UML opined that the agenda would in no way resolve the current political stalemate and accused both the King and the Maoists of trying to destroy democracy.

International reaction was however very positive. The strongest endorsement came from the US embassy which said that they are in full agreement with the three main points- sovereignty of the people, multi party democracy and constitutional monarchy. The British government welcomed the presentation of a comprehensive position by the Nepalese government. While the Indian reaction is not yet known, the Indian ambassador in an interview to the Press on 13 August before the beginning of the talks opined that the Maoists should lay down their arms and come to people to pave the way for a lasting peace in the country. Later, this demand was also made by the government team on the last day of the talks to the Maoists, which the latter summarily rejected.

Some positive aspects of the talks:

* It should be said to the credit of the Thapa government that they have for the first time put forth comprehensively the governments’ position on the ongoing talks. Basically the document tried to find a solution within the present constitution, while the Maoists insisted on moving away from it and find a solution by redrafting the constitution by a constituent assembly to be formed after an election. The government was also firm in retaining the constitutional monarchy and was also silent on the question of placing the army under the control of parliament. The document unfortunately makes no mention of the citizen ship issue of over 45 lakhs of Terains who are still considered to be stateless.

* The document has tried to accommodate to the extent possible, the 18- point demand made by the five agitating political parties. One of the important demands of the Nepali Congress of placing the army under the control of the parliament has not been acceded to. The parties also turned down the plea of the Prime minister to join and cooperate with the government in the ongoing talks.

* The government has also conceded two of the three major demands of the Maoists namely- a round table conference and an interim government to conduct the elections. It has also taken into account the demand of the Maoists to give due representation to the weaker and other ethnic communities in the new dispensation.

* At the beginning of the talks, the two sides signed a 17-point understanding for the conduct of future tasks thus ensuring that the talks will not break down despite the differences over the reforms document placed by the government.

* At the end of talks, the two sides also agreed on a six-point agenda for future talks. These include political issues, overall socio economic reforms, procedure of the reforms, settlement of the armed forces and weapons, rehabilitation of the affected people and reconstruction of the infrastructure destroyed by the Maoists during the conflict.

* The government side did not fail to give a list of missing persons still unaccounted for that included 215 civilians and political activists, 10 policemen and 4 each from the Royal Nepal Army and Armed Police Force. The government wanted all of them to be released or at least have their whereabouts made public by the Maoists.

The agitating political parties:

The agitating political parties have continued to insist on the restoration of the constitutional process before they could cooperate with the present government. They continued to harp on the formation of an all party government and the reinstatement of the dissolved house as the only means to resolve the political crisis. They claimed that the seventh phase of their joint movement would begin next month and that would be "decisive."

It is time that the political parties review their strategy as other wise, they will become irrelevant in due course.  G.P.Koirala’s continuing vitriolic attacks on the King are likely to preclude any possible compromise with the King in future as the King is still a factor in Nepali politics.

Conclusion: The political agenda presented by the government outlining its position makes a good beginning.  Though the third round of talks was inconclusive the very fact that the parties have agreed to meet again showed that the differences are not irreconcilable. What is disturbing however that there have been very serious violations of ceasefire by both sides, but more so by the Maoists.  It is also alleged that the Maoists are continuing with their recruitment and training of cadres in remote regions and there have been many clashes between the Army patrols and the Maoists. This needs to be addressed immediately if the peace process is to survive.  There is still time and political space for the King and his Prime minister to find a compromise with the agitating political parties.  Any deal with the Maoists cannot be sustained without the active participation of the political parties.

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