Kathmandu School Of Law (KSL)
in co-operation with Center for Legal Research and Resource Development (CeLRRd)

News

Release of the Book "Nepal ko Rajnitik Samasya ra Rupantaran ka Prakriyaharu"

The research book entitled "Nepalko Rajnitik Samasya ra Rupantaranka Prakriyaharu" (Political Problems of Nepal and Processes of Transformation) was released on 17 December 2007 at Nepal Bar Association Conference Hall, Kathmandu.

The book identifies and analyzes the political problems of Nepal and explores the process and mechanism for its transformation. The issues in the book center on the current political crisis and political fiasco in the present context of constituent assembly election.

Rt. Hon'ble Subash Chandra Nemwang, Speaker of the Legislature Parliament released the book at the ceremony. The program observed comments and feedbacks from academic minds and political sectors. Advocate Kamal Raj Thapa; Assoc. Prof H.K. Rana Management Expert; Mr. Manmohan Bhattarai, Central Member, Nepali Congress; Jhalanath Khanal, Standing Committee Member, CPN (UML) commented on the book.

Putting his comments on the book, advocate Kamal Raj Thapa said that in order to resolve the current political impasse, it is inevitable to transform the social and economic problems faced by the society. Transition phase is not only a challenge but an opportunity to institutionalize justice, freedom, development and humanity. Inclusive democracy is the basis for national unity to transform transition into development which respects the culture, language and ethnicity of all sects of populace.

Assoc. Prof. H.K. Rana focused on the co existence theory used by the book. He shared that every individual should rise above his/her ethnic identity and think from the perspective of being a citizen of the country while advocating for the unity. He said the writer has been able to raise above his caste to discuss on the issues of restructuring of the state system.    

Nepali Congress leader Mr. Manmohan Bhattarai opined that the book has dealt with the difficult situation of the country. He urged writer to publish the second edition of the book clarifying the many more issues needing clarification.

CPN, UML leader Mr. Jhalanath Khanal said the book includes valuable information and inputs for the resolution of political impasse of the country. A state cannot be restructured into a federal state without respecting land, population, language, culture, tradition and history. According to him, there are three phases of transition period: i) peace process, which includes assimilation of Maoist in the mainstream politics; ii) process of formation of Constituent Assembly, which include restructuring in political parties talks, discussions, amendment of law and order; and iii) the Constituent Assembly Election.

He urged scholars to write on all these issues too.

Chief Guest, Hon'ble Subash Nemwang appreciated the work undertaken by Dr. Sangroula. He viewed that it is the civil society to create pressure to the political parties by different means, this book being the one. Such works oblige political leaders and concerned stakeholders to rethink on their actions and correct accordingly. He urged for the join efforts of all sects of populace to make the constituent assembly election successful and lead the country towards development and proliferation.

After receiving comments from the speakers, Dr. Sangroula mentioned that the book has analyzed the problems underlying within the political system and has also tried to explore possible solution to address the problem. Clarifying the issue of federalism, he said that we are trying to create a federation from the existing unitary system of governance. It is not similar to the systems of other countries like USA, Switzerland in which individual states came together to form a federation. In our context, King Prithivi Narayan Shaha centralized it and we are now trying to decentralize.

Dignitaries from different walks of life including scholars, political leaders, media persons, youths, faculty and students of KSL were present at the program.

Hon'ble Nemwang releasing the book

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A three-day experience sharing workshop of the project "Developing Rights-Based Approach for Anti-Trafficking Actions in South Asia" was organized at Falta, West Bengal, India from 12^th December, 07. The objective of the workshop was to allow all the implementing partners of the project to meet and exchange their experience acquired in almost two years of project implementation.

This project is implemented in South Asia (Nepal, India and Bangladesh) by the Terre des hommes (Tdh) Consortium. Kathmandu School of Law (KSL) and Center for Legal Research and Resource Development (CeLRRd) are the partner organizations of the Foundation Terre des hommes, Lausanne, for the implementation of the project activities in Nepal. KSL coordinates the legal research activity in three countries in coordination with the South Asian Law Schools Forum for Human Rights (SALS Forum) while CeLRRd implements field activities promoting awareness campaign on rights-based approach to anti trafficking actions, and lobbying law enforcement agencies to protect and promote the rights of the victims. Mr. Pradeep Pathak and Mr. Rammani Gautam from KSL and CeLRRd respectively participated in the program. Similarly Mr. Joseph Aguettant and Ms. Muna Basnyat represented Tdh Lausanne in the workshop.

The workshop was divided into six sessions focussing on different core issues related to the project. In the first day, sessions on Human rights-based approach and Social Capital Mobilization (Awareness/Protection) was conducted. The sessions for the second day were focussed on the Regional Anti-Trafficking Legal Framework and Good Governance (Advocacy/Capacity Building). The third day was focussed on Rehabilitation /Integration of Trafficked Victims and Sustainability of the project activities.

Delegation from Nepal coordinated the session on the Regional Anti-Trafficking Legal Framework. Ms. Muna Basnyat highlighted on the objective of the session while Mr. Joseph Aguettant facilitated the interactive group exercise on different issues relating to human trafficking. Mr. Pradeep Pathak presented the objectives, methodology and common findings and recommendations of the regional research study while Mr. Rammani Gautam shared the practical experience of the project implementation. A case study was provided and questions were put for discussion based on the case study. Participants were divided in groups to present their findings related with the case. Mr. Aguettant summarized the session focusing on the need of the rights-based approach and dynamics of human trafficking across the borders as well as within the countries. 

The programme was highly participatory. Participants presented the best practices and challenges put by the project in their respective countries and problems raised during implementation of activities. Exchange of experiences provided opportunity to the participants to be familiar with the issues and problems and to devise on how to tackle the challenges put by the project in further implementation of the project activities. Concluding the programme, Mr. Stefano Ellero, Regional Project Coordinator, highlighted on the main sustainability issues and suggested the participants to put in place the sustainable project strategy.

Mr. Pradeep Pathak with other participants of the workshop

Feature Article

Constitution must be Able to Guarantee Basic Liberties Uninfringeable in Any Circumstance

A society without basic liberties is nothing but a slaves’ society. But the whole chunk of human civilization has unfolded out of conscious struggle for freedoms, and all conditions in political society that thrashed basic liberties are defeated by incessant inspiration of civil society for greater and enriched freedoms. The scheme and design by any individual or institution are thus bound to be ultimately crumbled down; they are never sustainable. No society or nation can survive without a vibrant and freed body of civilians. As opposed to some pessimistic cries, Nepal’s future is bright and awesomely potential of emerging as a matured and cultured nation state provided that some formidable problems are properly addressed.

An in-depth and critical analysis of the past political affairs unfolds that the Nepalese society is passing through a bitter struggle between regressive and progressive forces, though the struggle is largely clandestine. This struggle has mainly centered on ‘ill motif’ of conventional feudal force that intends to continue being in power as antithesis to basic liberties. For the last three years, this struggle has largely surfaced due to massive growth of consciousness of the civil society to basic liberties. This is what an interesting development mounting in the political scenario of the Nepalese society; it is no longer feasible to rule the Nepalese society by a power-block, group or institution with the help of a clandestine power management system. Unlike during the Panchayati regime, in the post 1990 movement era every power block is exposed to the eyes of the Nepalese people. If one looks from this perspective, last five years were crucial in the history of the Nepalese politics in the sense that the clandestine power centered politics came to its zenith and started spilling over. The split of the CPN (UML) was a beginning of the exposure of the clandestine power center, which survives only with the strength of conspiracy and unlimited political gimmicks. The split of the Nepali Congress was growth to maturity, and the subsequent events are spill-over. The biggest failure in this unfolding drama on the part of the democratic political forces was that they could not smell of the foul they were being instigated to play.

The present upsurge of the people marks their genuine inspiration for consolidation of the basic liberties. But it does not mean that the threat or risk of it being crushed by the clandestine power centered political gimmick is over. Coming to its zenith of such gimmick does not mean that it has been powerless, or sustained its biting tooth have been broken. The center is as powerful as it used to be in the past. The only change in its dimension is that it has been overtly exposed at present, whereas it was fully covert till recent past. The gain or lose of the civil society to its mission of achieving basic liberties will thus depend on its clarity of political, economical and social agenda of development. Liberties of people do not stand in vacuum.   

If one analyzes the dynamics of Nepalese history of struggle for freedoms, one can obviously see that it has, as an imbibed character, marked exclusively by political priorities. Socio-economic needs and priorities for the development have consistently been left out. As a result, the economically and socially marginalized sections of the population could not enjoy opportunities for equity, and consequently the clandestine power center could play a plot against democratic forces. In such a state, the larger part of population is easily deluded by the regressive force as it survives on failures of others only. Regression is destructive and devoid of creativity. Obviously, its agenda of winning over the power is solely dependent on the failure of the progressive forces on their agenda. The present government, for instance, took over the power in the pretext of failure of the political parties offer a system of good governance. But it never had a creative agenda of good governance; to grab the governmental power was the only agenda.

Basic liberties are greater need of economically and socially marginalized groups, and of course any political struggle must make these issues as frontline agenda to defeat the clandestine power centered block. The present movement needs to review its position from this prospect. Nepal is currently facing danger of authoritarianism from both the left and right extremism. In this situation the defeat of one may unscrupulously assist the other in gaining power. This on what the American policy to Nepal has been becoming functional. In this situation, the enhancement of the functionality of the central democratic forces is the only right strategy for preserving the realm of basic liberties, and for this the central democratic forces must be able to draw the socially and economically marginalized sections to its fold. Priorities for the socio-economic freedoms and development should therefore be the focused agenda of the struggle for political basic liberties. In this context, the political parties fighting for the democracy should be conscious of their role to massive reforms in the governance system, and the agenda of the movement should be accordingly designed. The success of the ongoing movement for basic liberties is thus dependent on it capability of including socio-economic freedoms and development as priority agenda of the struggle. Its failure to do so may divert the larger part of the population towards leftist extremism, and eventually will provide a basis for continuity of the rights’ control over the State’ power.

In this context, the ongoing movement for democracy must be founded on a charter between the people and political parties. It cannot be a sole instrument of political parties gaining the power over the government with status quo in political dynamics. Restoration of liberal democracy is the agenda of the political parties, whereas the people’ agenda is beyond it; they want an inclusive democracy in terms of participation in political process as well as scoio-econmic development. The people’ movement can be enhanced and consolidated by acceptance by the political parties of the people’s agenda of inclusive democracy. This is where the external powers like India, USA, UK and China can play roles. Their policies and outlooks to present crisis of Nepal should be necessarily guided for the benefit of the general population. Creation or destruction of any polarization for vested interest should find a place, which may drag Nepal to a catastrophe. Especially, US government’s cautious support to the present movement may help to legitimize the brutal suppression of the people, and it may contribute to the upsurge of economically and socially deprived or disenfranchised population to the left extremism. It is necessary to build a faith and trust of the people on the capability of the democratic parties to rescue the country from crisis. This faith of people on democratic forces will isolate unpopular forces from people. As matter of fact, the popular movement to the inclusive democratic system is the only way out of the present crisis.

The present trend of suppression, however, and less visible concern of the international community towards what happening in Nepal are unusual. These trends show that the government is still confident of its capability of quelling the movement with the help of massive use of force. On the other hand, international community is skeptical to extend its genuine support to the democratic forces, and this may be due to ‘stereotyped’ belief that the fall down of the present government might add the strength to the Maoist. This doctrine may have been founded on a sweet logic but on ‘reality’. The Nepalese people are keen to restoration of democracy and have abundantly proved that their choice is no kind authoritarian regime, but the democratic government. The international community can constructively assist Nepal to rescue from the present crisis by extending its support to the democratic aspiration of the people and their capability of their representative parties. By ignoring political parties there can neither be the solution to the Maoist insurgency nor development of the country.

With the present political development in Nepal, one can say that the country has been come to a real cross of crisis. Successful management of the aspiration of the people scattered on every streets and corners of the country today will give a lasting transformation of the present crisis, and failure to an uncertainty of future. The failure of the present movement will throw the country a lasting bloodshed. The present trend of the government to oppress unarmed citizens on the streets compels one to think that it lacks a political vision address the crisis. There is a strong anti-democratic group in the government, which is persistently and adamantly trying to prevail over the people. The terror has been created among the people, everyday it is dragging more people in the streets. The mass is still peaceful on the streets, and has not poured on the inner city in Kathmandu for frenzy and destruction. However, everything naturally has limitation. The anger being generated by indiscriminate bullets and batons might trigger the frenzy, and may invite a catastrophe. It is therefore in nobody’s interest to wait and pass on the time without proper transformation of the crisis. The international community can play a crucial role, by refraining at lest from meddling things, if it does prefer to avoid active engagement in support of the democracy.

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