CPN/MAOIST'S CONCEPT PAPER

Raj K Pandey, MBS, MA

Preamble of the Paper

The serious impediments to peace process and political advancement of Nepal have been
accepted by all quarters. The 12-point Understanding between the Seven Party Alliance
(SPA) and CPN (Maoists) or (SPAM) was concluded on Nov 22, 2005 for democracy, peace
and advancement.

The political journey ventured through Peace Accord, Interim Constitution (IC), Interim
Parliament (IP) and Interim Government (IG) and fell into peril, consequently the agenda on
Constituent Assembly (CA) election, establishment of Federal Republic, and the forward
looking economic and social transformation that has been agreed by both parties have not
been implemented. This has ensnared the entire peace process towards impasse. The present
critical situation calls to review all the earlier peace agreements and conclude new political
unity based on new grounds.

1. Overview

 The 19-day long Popular Movement resulting from the unity of the Maoists,
who had been waging 'People's War' against feudalism and monarchy since 11 years, and
the SPA, waging peaceful movement against the absolute monarchy, based on the 12-
point Understanding ousted the king from power. The constitutional parties went against
the 12-point Understanding and merely took up restoration of Parliament and pushed
aside all the other agendas, diverting the establishment of republic away from the
doorstep.

 After some hustles with the SPA, on June 16, 2006, the 8-point Agreement
was concluded for democracy, peace and advancement. Again passing through ups and
downs, on Oct 8, 2006 a political consensus was reached with the SPA. On Nov 21,
2006, the Comprehensive Peace Accord (CPA) was signed with the government and the
confinement of the People's Liberation Army (PLA) and the government army into
cantonments and barracks, respectively took off. The IC was proclaimed by the IP on Jan
15, 2007. The conflict management and political advancement, absolutely through the
internal efforts, without any outside involvement, is a unique model for the world.

 CA election on mid-June 2007 was the focused purpose of the

Understandings and Agreements along with the IP and IC. The violent and destructive
movement in Madhes, through forces that were not in existence prior to signing of the
accord, were intentionally designed and instigated by the reactionary royalist, domestic
 and foreign forces to disrupt the peace process including CA election. The Gaur massacre
was the climax of the counter-revolutionary forces.

 Reacting against the counter-revolution, Maoists entered into the government

on March 31, 2007 expressing its solemn commitment to the peace process. The CA
election was dramatically deferred. The Maoists declared the deferral of the CA polls on
schedule as a violation of the peace process through a note of dissent in a high-level
meeting of SPAM. Maoists forwarded the 22-point preconditions because of the deferral
of the CA polls, the conclusion of which is CA can not be confirmed until the monarchy
exists and is meaningless unless full proportional electoral system is adopted. Maoists
resigned from the IG on Sept 18, 2007 because these two preconditions were not met.

 On Nov 4, 2007 the Special Session of the IP on the motion of Urgent Public
Importance by a simple majority passed the federal republic and proportional electoral
system, which has placed the ball in the Nepali Congress's court.

2. Identification of the Key Problem

 There exist serious problems regarding the viewpoint of Maoists and SPA on
peace process and political events. Although there are grave differences, SPAM has
agreed to declare federal republic, which is the essence of all the Understandings and
Agreements, IC and IP, and the Minimum Common Program. All these documents
include the clause 'forward looking restructuration of the state to address the problems
relating to classes, ethnicities/castes, regions and gender', and that is the commitment of
both the parties to create a new political mainstream. The status quest outlook of NC is
the hinderance to the political impasse.

 The political Agreements and Understandings will not be implemented until

the unitary state power, security mechanism, bureaucracy, socio-economic dynamism
supporting the monarchist and feudalist system exists. The incapable leadership of NC is
the principal element of political impasse.

 The special geo-political situation of Nepal has invited the foul play and
involvement of foreign power-centers. The evidence is the Madhes incidents after signing
of the Peace Accord. The issue of serious concern is the lack of national unity and
understanding of the political parties when the sovereignty and geographical integrity of
the country is in grave danger.

 The lack of stringent implementation of the provision of conflict management

in the peace process and widening the gap between the conflicting parties are the
principal problems. The poor management and care of the PLA, lack of minimum
compensation to the Martyr's families, investigation of the disappearances, are the clear
challenges of the peace process.
  Another obstacle is lack of understanding by the political parties that
restructuration of the State is the restructuration of the security sector.
 Non-participation of various ethnic and regional liberation fronts, people's
representatives, civil agitators in the peace process and political consensus resulted in the
increase of violent incidents like Madhes. Another factor is the hegemony of the NC in
power division in the IG.

 Lack of the programs affecting directly to and bringing positive change in the
lives of the people during the interim period is another aspect of the problem.

3. Road map

Politico-ideology:

• High-level dialogue to minimize the differences for creation of a new political

mainstream, recognizing the differences between the parliamentarian parties and
Maoists, and realization of the essence of the peace agreement by both;
• Re-commitment of both the parties to establish federal democratic republic
abolishing feudalism and monarchy;
• Resolution to National Unity for promotion and protection of Independence,
Sovereignty and Geographical Integrity;
• Build common understanding on proclamation of republic and CA election to
be held as early as possible;
• Build consensus through a serious dialogue of the concerned actors on a
uniform model of the proportionate electoral system;
• Restructuration of the security sector through democratization of Nepalese
army and integration of the PLA; and
• Socio-economic transformation policies, based on peace accord and IC, to be
implemented stringently.

Procedural:

• Formation of a High-Level Task Force consisting of both the sides to review

the contents and implementation and recommend amendments and/or revision to all
the Agreements and Understandings;
• An extensive political conference of democratic political forces like castes,
ethnicities, regions, madhes, women, dalit, muslim, minorities, professionals, civil
society representatives to end the political impasse;
• If necessary, effort to change the government leadership also to maintain the
unity between the peace process and political parties;
• Rigorous implementation of the resolutions of the IP on republic and
proportionate electoral system;
 • A State Restructuration Commission to Management and care of PLA,
distribution of compensation to Martyr's families, and treatment to wounded, a High-
Level Commission to investigate to the disappearances, a Land Related Commission
and Corruption Investigation Commission as 22-point preconditions forwarded.
• Dissolution of the one-sided Peace and Reconstruction Ministry and
formation of a powerful Peace and Reconstruction Commission;
• Reformation of IG through re-division of power and responsibility in a new
way; and operate the government based on the minimum common program; and
• Build political consensus and environment conducive to mutual-confidence
prior to declaring new date for CA election, and the State and all the political forces
to be unified to execute it.

Conclusion

Part three of the CPA has 13 points dealing with the letter and spirit of the conflict
management. The first one covers political, social and economic transformation, but nothing
of substance has been done. Similarly, the second states to conduct CA polls by mid-June
2007 in a free and fair environment, but the date was postponed affecting the sovereign rights
of Nepali citizens. At first, the date was deferred for two weeks. As Maoists joined the IP and
then IG, the Election Commission (EC) declared it not possible to hold the election because it
would require at least 110 days preparing the election. The statement was made by the EC
instead of the PM or the government, and was under fire from all quarters. Maoists alleged
that the domestic and foreign forces played behind the postponment fearing they would win.

It also wrote the note of dissent in the High-Level Meeting, but agreed to hold election on
Nov 22. The government deferred the date of the election three times without an excuse to
the people nor did it resign based on morality. The third point deals with seizing and
transferring the property of the late King Birendra and family to a Trust, which is partially
fulfilled. Similarly, the property of King Gyanendra kept foreign banks on abroad
clandestinely and those transferred from Birendra have not been made public. The property
hukum baks (granted) to the persons for nepotism and favoritism during the regime of
Tribhuvan, Mahendra and Birendra is not known.

The fourth tackles the respect of human rights, competitive democratic system, sovereignty
inherent in Nepalis, constitutional balance and control, rule of law, social justice and
equality, etc. but people's right to life, liberty and security are violated day in and day out.
The INSEC, local human rights organization, reports that 234 people were killed, of which
12% and 9% were attributed to the government and the Maoists respectively in the one-year
tenure of Peace Accord. Similarly, the Maoists abducted 64% of persons out of 772 cases in
the last year. In the Central region only (10 districts of Madhes), 82 persons have been killed
within the six month period. In a year period, 41% Nepal suffered from either general strikes
or valley strikes, regional strikes and district strikes.
The fifth consists of ending the unitary and centralized structure of State, which continues
until date and lacks federal and inclusive character. The State restructuration process based
on class, caste, sex, language and regionalism has not been initiated.
The sixth stipulates to end all kinds of feudalism by developing minimum common program,
but nothing has been done. The seventh deals with ending feudal land ownership and
executing scientific land reform, which has not taken a step ahead.

The eighth one relates to promoting national industries; is it not due to this that many
industries are being closed and quite a few joint venture companies are quitting? The ninth
point deals with citizen's rights to education, health, housing, employment and food security.

Nothing has been done to achieve these, even during the Dashain Festival the people in the
Mountain regions had no food to eat. The tenth point states economic and social security for
the disadvantaged groups, which has remained in paper. The eleventh one states to meet
strong action against corrupt individuals, which has remained hypothetical, because the main
alleged culprits are still in power in government, bureaucracy and so on. The twelfth one
calls for creating a common development concept for the nation's economic and social
transformation. The thirteenth deals in employment and professional rights.

Part 4 deals with Arms and Armies Management. UNMIN is conducting second round
verification of Maoist PLA confined in the cantonments, but progress is in snail motion.
Nothing, not even policy development, has been implemented towards democratization of the
Nepalese Army and integration of both the armies into a National Army. It was decided to
provide the facilities to Maoist PLA equal to the Nepal Army, but they received the
allowance for only four months during the one-year period.

The part 5 consisting of demising through neutralizing and eliminating the mines within 60
days has only been tried as a model, the rest are as they are. It also deals with the Cease Fire
Monitoring Committee that remains in the document only. Similarly, it has stopped the
practice of forced extortion and taxes (cash and kind) against law, which has not stopped. In
recent months, there has been a frequent report of extortion from both local and foreign
groups, although the Maoists claimed voluntary contribution. It also states to release the
cadres from custody within 15 days of the signing of the accord, to which only high-level
leaders were released and many still remain to be released.

The government has not taken any steps to get the one and a half dozen Maoist cadres
imprisoned in Uttar Pradesh, India. It also states to declare or notify the families the
whereabouts of the disappeared within 60 days, but no one has been declared or notified yet.
On the issue of rehabilitation and relief to the victims of war, it calls for forming of a
National Peace and Rehabilitation Commission, which has been established in name but is
defunct. A high-level Truth and Reconciliation Commission was targeted to be formed to
address grave human rights violations and abuses during the armed conflict, but in vain. The
pledge to reestablish the development infrastructures destroyed and respectfully rehabilitate
the displaced people during the war has merely taken tortoise steps.
Maoists are pressuring towards immediate implementation of the federal structure of
governance and full proportionate electoral system (resolved by the IP by simple majority).

The NC not only has caste vote against these agenda in the Special Session of the IP, but also
meetings of NC's Central Committee and Parliamentary Committee declined to implement
the directive of the IP. The resolution requires 2/3 majority in the IP to revise the IC. Some
pro-monarchial individuals of NC stated that they would go against the party whip to caste
vote for the revision.Maoist leaders have declared to change the government leadership
through the streets saying budho goru le gai ogatnu mildaina (remove the old bull overtaking
the cow). The gap between the two sides is ever-widening and reaching critical point -
initiating political cyclone ‘segregation of the conflict state III’, which indicates messing of
the CA polls. The Maoists have given top priority to declaration of a republic rather than CA.

Briefly, only 10% letter and spirit of 10-point peace accord has been implemented, which
resulted a huge level of frustration in all tiers. More frustration is found in the Maoists
activists due to leaders have started to lead luxury lives spending most of the time in
Kathmandu and other urban centers. Activists are living with very poor conditions with
limited resources and contact with leaderships. Such frustration is leading to more abduction
to the opponents often owing to personal retribution rather than wider political motive. On
the other side, as they are receiving an enormous pressure to resume people’s court (kangaroo
court) and people’s government - ‘parallel government in district and local levels’ similar to
before peace accord.

Reestablishment of these have in some cases already begun. Indeed, the political crisis and
uncertainty at the central level, has given some Maoist sectors fertile grounds to recommence
them. Dr. Baburam publicly stated that if the House Directives could not be implemented,
they would form parallel government both horizontally and vertically with haste, that finally
opens the ground of urban warfare or people’s agitation backed by the PLA leaving their
cantonments. If such happened, the violent, non-violent and criminal groups would be fleeing
to India for their secure terrain, effecting the security situation of India. The nation shall lose
its opportunity to materialize the peace process through the people’s fresh mandate. At this
instance, the nation and people in general would be defeated again and only the weapons
traffickers, traders and manufacturers, opportunists and conformist leaders and pro-
monarchial forces would benefit.

November 22, 2007 is the date set for the CA election. As the election could not be
conducted on the scheduled date, the legitimacy of the IG, IP, constitution and peace accord
have failed. Nepali Congress (NC) Mahesh Acharya says, “All three parties – the state, the
Maoists and the UNMIN, involved in the ongoing peace process failed to play the desired
role for effective implementation of the CPA.” In this condition, there is a big question mark
to zeal and zest of people for peace, security, development and forward-looking change, just
as Professor Johan Galtung writes: "Where nothing has been solved the violence will recur,
after some time."

Raj K Pandey, MBS, MA

Jawalakhel, Lalitpur, GPO BOX: 19862
Kathmandu, Nepal
rajkpandey2000@yahoo.com
rajkpandey2000@hotmail.com
rajkpandey2000@gmail.com
Mobile: 977-01-98510 86884