Showing posts with label Nepal. Show all posts
Showing posts with label Nepal. Show all posts

Thursday, January 27, 2011

Is Nepal's Peace Process Destined to Fail?

By Deepak Adhikari / Kathmandu Wednesday, Jan. 26, 2011

Read more: http://www.time.com/time/world/article/0,8599,2044413,00.html#ixzz1CF6gP7yn




Maoist combatants march during an event for handing their command over to the government at the Shaktikhor Maoist cantonment in Chitwan, Nepal, on Jan. 22, 2011
Gemunu Amarasinghe / AP Photo
Late in the afternoon on Jan. 22, a nondescript area in the Southern plains of Nepal got a rare moment in the international spotlight. In a carefully choreographed ceremony that was broadcast live across the nation, Nepal's caretaker prime minister Madhab Kumar Nepal and Maoist chairman Pushpa Kamal Dahal, better known by his nom de guerre Prachanda, jointly released balloons into the sky. The prime minister hoisted the triangular national flag over one of the Himalayan nations' seven Maoist camps, and took down the former insurgents' red flag bearing two AK-47s crossed over Mt. Everest.
And so a new chapter in the history of Nepal was begun. Or was it? Last Saturday marked the handover ceremony of former Maoist combatants from the hands of the United Nations to a multi-party special committee formed to decide their fate. Announcing the handover in a written speech, an unusually somber-looking Prachanda relinquished Maoist control of its 19,000 former fighters, a prized asset for the party that fought a decade-long war with state security forces. "Until now, you belonged to the Maoist party," said Maoist party chairman Dahal to the gathered crowd of soldiers. "But now on, you are under the government control."(See pictures of Nepal's uneasy peace.)
The weekend handover follows the departure of the United Nations Mission in Nepal (UNMIN), created in 2007 a year after Nepal's Maoists and seven parliamentary parties signed a landmark agreement to end the nation's long-simmering conflict. UNMIN had a temporary mandate to monitor and supervise the Maoist fighters and their weapons — as well as those of the Nepalese army — to protect against another escalation into war. But it was only in the last moments before UNMIN's disbanding that Prachanda, who stepped down as head of government on May 4, 2009 but still commands the loyalty of the Maoist troops, agreed with the current government to transfer the control of the fighters to the special committee.
Prachanda's hesitancy reflected a widespread anxiety about the possible vacuum the international body's exit might create. Indeed, UNMIN's chief Karin Landgren, in her last report to the UN Security Council on Jan.5, had warned of "a real risk that the failure of the peace will become a self-fulfilling prophecy." In her report, she cited the fears among Nepalese about three possible scenarios: the prospects of a Maoist 'people's revolt' which the former rebels often raise to prove that they still stick to their revolutionary zeal; the likelihood of the president, who is the head of the state with ceremonial roles, stepping in should the parties fail to resolve the crisis; or an army backed coup, which has been widely speculated about in the local media. The report drew strong criticism from the ruling coalition, with the president clarifying that he did not harbor any such intentions.
After the ceremony, away from the Maoist cantonments, the political bickering immediately resumed in Kathmandu, with parties seemingly as polarized as ever. After 16 attempts to elect a prime minister in parliament have failed, the country is now run by a caretaker government. Ram Chandra Paudel of the centrist Nepali Congress party, the lone candidate for the prime minister, withdrew from the election on Jan. 12 after the Maoists and the communist party warned they would vote against him. Paudel's party said the withdrawal was intended instead to pave a way for fresh elections.
Nepal, sandwiched between China and India, has historically acted as a buffer between the Asian giants — a factor often cited as the reason behind the nation's ongoing political deadlock. Maoist leader Chandra Prakash Gajurel, who spent years in an Indian jail when his party waged war, attributes the current impasse to the southern neighbor. "A section of Indian establishment holds that countries like Nepal are not only under its sphere of influence but it also has a right to interfere in their internal affairs," he says.
While the nation's leaders jostle for position, the pledges made at the end of the conflict in 2006 — an inclusive constitution, federal and democratic state, independent judiciary, and reform in the army, among others — remain unfulfilled. The most pressing issue remains the integration and rehabilitation of the former Maoist fighters into the national army. The Maoists say they should be integrated into the country's security forces in groups, resisting alternative approaches, but other parties have accused the former rebels of stalling in order to retain the former combatants while they bargain for power.
Meanwhile, a May 28 deadline slated for the ratification of the new constitution looms large. "The remaining four months seem insufficient for the constitution to be drafted and approved by a two third majority," says Nepali Congress leader Ramesh Lekhak. Maoists have proposed the constitution institute a federal state of 14 provinces based on various ethnic communities, a model they say will correct the historical discrimination against minorities by the central government. But other parties warn that such a structure might lead to the Balkanization of the country, with dozens of ethnic groups and about hundred different languages. "If we can't agree on the federal structure of the state, we should agree on its basic framework and buy time to forge consensus," says Lekhak.
Political analyst CK Lal has a more dour prognosis. A failure of the much-anticipated peace process, according to him, could again intensify the violence and ultimately lead to another war of independence. "If Maoists would launch such a war, then the outcome will likely be that of Pol Pot's Cambodia. If the right wing groups start it, the result will be like Taliban's Afghanistan," he says. "Whatever the outcome, it will be disastrous."


Read more: http://www.time.com/time/world/article/0,8599,2044413,00.html#ixzz1CF6l3kKN

Wednesday, January 26, 2011

Nepal | Human Rights Watch World Report


Events of 2010
Nepal's political and peace processes remained stalled in 2010, resulting in instability, weak governance, and no progress on accountability for human rights violations. Prime Minister Madav Kumar Nepal of the Unified Marxist-Leninist party (CPN-UML) resigned on June 30, under pressure from the Maoists who demand a unity government with themselves at the helm. At this writing the parliament has failed to form a new government, despite 16 rounds of parliamentary votes. The Constituent Assembly missed the May 28 deadline to draft a new constitution. In a last-minute deal, political parties concluded a three-point agreement to extend the Constituent Assembly by another year.
The government made little progress in 2010 on realizing people's economic, social, and cultural rights though economic development. Reports of lawlessness persist in many parts of the country, especially in the southern plains of the Terai and the eastern hills. Armed groups and ethnically based organizations have been involved in killings and extortion with impunity.

Accountability for Past Abuses

The government and political parties still fail to show the will to establish accountability for human rights violations committed during the war. No one from the security forces or among the Maoists has been held criminally responsible for abuses committed during the conflict. In many cases, those accused of violations actively receive protection from the security forces or political parties.
In October the Nepal Army extended the tenure of Colonel Raju Basnet by two years, though he was at the Maharajgunj army barracks in 2003 and 2004 when various cases of torture, arbitrary detention, and enforced disappearance took place. The National Human Rights Commission (NHRC) and the UN Office of the High Commissioner for Human Rights (OHCHR) have repeatedly requested that the government start proceedings against Basnet.
In spite of a court order, the army refused to hand over Major Niranjan Basnet, accused in 2004 of the torture, rape, and murder of 15-year-old Maina Sunwar. After Basnet was returned at the request of the UN from a peacekeeping mission in late 2009, the army took him into its custody. In July a military tribunal, established to probe the circumstances of Basnet's return from Chad, concluded he was "innocent."
The Unified Communist Party of Nepal (Maoist) (UCPN-M) leadership has likewise failed to cooperate with criminal investigations into alleged crimes committed by Maoists during and after the conflict.
Although the Comprehensive Peace Agreement does not provide a broad amnesty for serious crimes, the government continues to discuss the withdrawal of cases deemed "political," including cases of murder. In January the Supreme Court upheld the conviction of Maoist Constituent Assembly member Balkrishna Dhungel for the 1998 murder of Ujjwal Kumar Shrestha. However, police have failed to arrest him, and Maoists claim the case is against the Comprehensive Peace Agreement and interim constitution.
In September police and the NHRC exhumed the bodies of four people in Dhanusha district. The four are believed to be among five students that security forces allegedly disappeared and killed in 2003. So far, the police have failed to question officials and claim they are waiting for DNA results to pursue further investigations.
The draft bills to establish a Truth and Reconciliation Commission and a Disappearances Commission have been tabled in parliament but await debate by the Statute Committee. While the bills are a step towards ensuring justice for war victims, several provisions remain that are inconsistent with international law.

Integration of Maoist Combatants

For more than four years, 19,602 Maoist former combatants have been held in UN-monitored cantonment sites. In January 2010 the process began of discharging 4,008 of them, who were disqualified as children (2,973 of them) and as late recruits. A UN monitoring mechanism was formed to scrutinize UCPN-M compliance with its commitment to a 2009 action plan with the government and the UN representatives, including a provision on the non-recruitment of children. A special committee established in mid-2009 to address the integration of Maoist combatants into the security forces was unable to function for several months due to the continuous absence of UCPN-M from meetings.

Dalits

Dalits ("untouchables") suffer from discrimination in economic, social, and cultural spheres. In September 2009 Nepal announced its support for the UN-agreed-upon guidelines on the elimination of caste discrimination. However, Nepal has yet to implement recommendations made in 2004 by the Committee on the Elimination of Racial Discrimination, including adopting relevant statutory law to enable the National Dalit Commission-a state agency-to fulfill its mandate.

Sexual Orientation and Gender Identity

The Nepal government has made significant strides towards ensuring equality for lesbian, gay, bisexual, and transgender people in recent years. The government has promised that the 2011 national census will allow citizens to identify themselves as male, female, or transgender.
Yet progress remains tenuous. According to local NGOs, there are 280 discriminatory legal provisions affecting the LGBT community. In September sexual minorities alleged that the Home Minister refused to issue citizenship cards to transgender people, contravening a Supreme Court directive three years ago. In response, dozens of LGBT individuals staged protests in the capital. Police detained some protesters without charge for several hours.

Women's Rights

While women have constitutional guarantees and a strong representation in the Constituent Assembly, women and girls continue to face widespread discrimination. Violence and exploitation, including trafficking, domestic violence, dowry-related violence, rape, and sexual violence remain serious problems. Sexual violence cases are often settled in private, and even when complaints are filed, police rarely carry out effective investigations.
Female members of the Constituent Assembly have formed a caucus to pressure committees to discuss women's concerns. Some of the members' demands include for women's perspectives to be included on the issues of citizenship and property, and for the government to reserve positions for women in administration and the judiciary, and to provide dedicated public services for sexual and reproductive health.
Many women migrate to the Middle East as workers through recruitment agencies; once they arrive in these countries, they are often vulnerable to abuse and have very few legal protections.

Terai

Tensions persist over the rights of the different ethnic groups, including Madheshi communities near the Indian border in the Terai, who want greater autonomy and proportionate representation in government jobs. Public security remains a major concern in many districts of the Terai. The UN secretary-general, in his periodic report to the UN Security Council expressed concern that the extortion of officials, teachers, and business people by armed groups and ethnic organizations is on the rise despite increased police patrols.
According to human rights groups, the government's special security policy, which aims to address the deteriorating security situation, has led to increased human rights violations. For instance, OHCHR documented 57 cases of deaths as a result of the unlawful use of lethal force by security forces between January 2008 and June 2010. In several Terai districts, armed groups have recruited children as messengers for extortion notes and ransom collection, and for enforcing bandhs (strikes) called by the armed groups.

Tibetan Refugees

The current administration continued to endorse the "One China Policy" and Tibetan refugees faced increased harassment by Nepali authorities in efforts to appease China. Several instances of arrests, criminalization of entry, detention, refoulement, and attempted refoulement of Tibetan refugees were reportedin 2010. In June Nepali authorities forcefully deported three Tibetan new arrivals from Humla district. Two of them are believed to be in detention in China. In October police in Kathmandu confiscated ballot boxes during annual elections held by Tibetan refugees to nominate candidates for the government in exile. The Home Minister reportedly issued a statement saying the polling "violated Nepal's foreign policy and existing laws of the host country."

Key International Actors

Nepal is dependent on aid and relies heavily on its traditional donors, such as Japan, the United States, the United Kingdom, India, and the European Union. It has to maintain a balance in its relations with its two powerful neighbors, India and China. In an effort to correct their heavy dependency on India, Nepali political parties-particularly the Maoist-led government-have attempted to strengthen ties with China. In December 2009 China provided military aid of about US$3 million, including training for the Nepal Army.
In December 2009 the US president signed into law the 2010 Consolidated Appropriations Act, which includes a prohibition on assistance to the Nepal army unless, among other things, it fully cooperates with investigations and prosecutions by civilian judicial authorities of violations of internationally recognized human rights.
India played a positive role in bringing about the comprehensive peace agreement between political parties to end the Maoist conflict. But since then, India stands accused of meddling in the selection of a consensus prime minister, adding to the political instability.
The UK continues to provide military assistance to Nepal. In October Nepal's army chief, Gen. Chhatraman Gurung, visited the UK to boost military ties.
The UCPN-M remains on the US list of banned terrorist organizations. In June, the US embassy in Kathmandu denied a visa to Agni Sapkota, a senior Maoist member, for his alleged involvement in the extrajudicial killing of Arjun Bahhadur Lama during the Maoist insurgency.
Nepal continues to be a key troop-contributing country to UN peacekeeping missions.
In June the government renewed OHCHR's mandate for a year but demanded a phased closure of all offices outside Kathmandu, thus weakening human rights monitoring in the field.
The mandate of the UN Mission in Nepal is ending in January 2011. UN Under Secretary-General for Political Affairs B. Lynn Pascoe visited Nepal in October to discuss the peace process with the prime minister.

Wednesday, December 22, 2010

Brutal visions of war | A tale of two wars

Added At:  2011-01-10 9:44 PM  

HIMALAYAN NEWS SERVICE
KATHMANDU: War has been the dark side of the society bringing end to lives of many. And it is very important to know about the consequences and the destruction human civilisation has to bear due to war to avoid war in near future. Depicting this very sentiment Sri Lankan photographer Gemunu Amarasinghe gave a presentation on his latest collection of photos titled People in Between on January 8 at Yala Maya Kendra, Patan Dhoka.

The exhibition has been going on at the Shanti Sangralaya at the Madan Puraskar Putstakalaya since December 10.

The event started on a musical note with the melodious tune of the song Sampanna by the band Suvaprabat. Then the photographer took the audience through all the brutal and horrifying scenes of his country that went through decades of war captured through his camera. These photos told the stories of violence and terror among the victims of the war displaying their emotions. Women and children shedding tears for their loved ones were captured rather poignantly in his photographs. A woman crying, a mother and a son crying at a graveyard, an empty coffin, dead bodies lying on a road and funeral were the visions seen in these

photographs.

“We pay a lot during a war. If we push back to war, we are going to face the same horror. So, this exhibition is a reminder to show the consequences of a war. We also have to think from the victims’ point of view,” Amarasinghe explained the reason behind this exhibition. “These photographs send a message of peace. It is a follow up about the victims of the war. They show lives before and after the war,” remarked convener of the Shanti Sangralaya Kunda Dixit. The presentation was followed by a guided tour of the exhibition.

The exhibition is on till January 10.

http://www.thehimalayantimes.com/rssReference.php?headline=Brutal+visions+of+war++&NewsID=272531


A tale of two wars

Tuesday, December 21st, 2010

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SRI LANKA: Tamil Tiger guerrilla trains other women at a drill in Jaffna in 2005. GEMUNU AMARASINGHE

NEPAL: A Maoist woman guerrilla at a mass meeting in Rolpa in 2004. KIYOKO OGURA
Few are unaffected when they visit the exhibition of photographs of the Sri Lanka war by Gemunu Amarasinghe. There are pictures of a young boy in a make-believe US Army combat fatigue with this mother at his father’s grave, clouds of flies at a morgue where the bodies of civilians lie scattered, a group of women break down in front of a headless body, a ditch full of the corpses of massacred villagers many of them with their hands tied behind their backs.
Amarasinghe took pictures of the Sri Lanka conflict between 1995-2006, and his lens is  sharply focussed on the civilian victims of the war that took 120,000 lives over 25 years. Amarasinghe now works for AP in Nepal and has taken strikingly dramatic pictures like the haunting one of the Gadimai massacre of water buffaloes that went around the world. His work now takes him frequently across South Asia and into Afghanistan.

SRI LANKA: Rani Rajan weeps as she sees the remains of her brother Pakiyarasa Baskaran at a morgue in northeastern town of Trincomalee in 2006. GEMUNU AMARASINGHE

NEPAL: A brother comforts his two sisters after their father was killed in Bhaktapur in 2005. SURESH SAIJU
Thirty of Amarasinghe’s photographs are on display in Kathmandu amidst the images of the Nepal conflict from the book, ‘A People War’. The juxtaposition of the Sri Lanka pictures with the photographs of the Nepal conflict evoke strong emotions that transcends boundaries, and highlights the universality of images of suffering and pain.
“What I wanted to do was show the war from the point of view of the civilian victims,” said Amarasinghe at the inauguration of the exhibit last week, “by humanizing the war, you can show that people are more than just statistics.”
The exhibition will continue till January 11, 2011 as a part of the Shanti Sangralaya that has a collection of images of photographs of the Nepal war. Madan Puraskar Pustakalaya is converting this permanent exhibition into a historical museum of the Nepal conflict.
Most visitors have compared the Sri Lanka and Nepal conflicts to look for lessons. Unlike Nepal’s class war, the Sri Lanka conflict was an ethno-separatist one. And because of that it was much more virulent and brutal, it has left a legacy of bad blood which makes the reconciliation process much more difficult. Four years after the comprehensive peace accord, Nepal’s peace process may be stuck, but the healing process here has been easier.

SRI LANKA: An unidentified Tamil boy and his mother weep as his grand mother looks on at the grave of his father who lost his life fighting for the Tamil Tigers. GEMUNU AMARASINGHE

NEPAL: A young woman grieves on finding the body of her husband after the battle of Naumule in which 36 policemen were killed in 2002. CHANDRA SHEKHAR KARK
In Sri Lanka, the Tamil Tigers who developed terrorism and suicide bombing into a fine art, were vanquished in a violent finale that exacted a terrible price on civilians. Nepal’s conflict, on the other hand, had neither victors nor losers. Both sides became rulers. Even though the monarchy was replaced with a republic, the king wasn’t hounded into exile as has happened elsewhere.
Gemunu Amarasinghe will be on hand at the Madan Puraskar venue on Saturday January 8 for a special edition of photo-circle to discuss his war photography.
‘People In Between’
Madan Puraskar Pustakalaya, Patan Dhoka
Till 10 January, 2011
11am-4pm, open all days except Tuesday
See also: The wars within
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Sunday, November 28, 2010

Pascoe seeks talks with Indian officials



    KATHMANDU, NOV 29 -  
    The UN Under-Secretary General for Political Affairs B Lynn Pascoe will hold discussions with senior Indian officials about Nepal’s peace process on December 2.
    During Pascoe’s visit to New Delhi, the UN Office has requested appointments with India’s External Affairs Minister S M Krishna, Foreign Secretary Nirupama Rao and the National Security Advisor to the Indian Prime Minister Shivshankar Menon. “The requests are there but we have not finalised the meetings yet,” an Indian government source told the Post requesting anonymity. “As today (Sunday) was a holiday, we expect to work on the request by Monday.” The focus of Pascoe’s discussion in India will be to seek a solution to the “stalemated” situation of Nepal, a senior official at the UN office in Delhi was quoted by Indian news agency UNI on Saturday.
    Pascoe will arrive in Kathmandu on Dec. 3 and will discuss with top leaders on their efforts towards concluding the peace process and ensuring the orderly withdrawal of UNMIN. This will be Pascoe’s second visit to Kathmandu since the UNSC decided in Sept. to conclude UNMIN’s mandate as of Jan. 15, 2011.
    Posted on: 2010-11-29 08:53

    Friday, November 19, 2010

    Remarks of Ambassador Scott DeLisi, U.S. Partnership for a Transforming Nepal, Tribhuvan University


    November 18, 2010   नेपालीमा

    Thank you to Professor Sushil Pandey, Head of the Department of Political Science, and his team for helping to organize this occasion and giving me this opportunity to speak about U.S. policy toward Nepal.  Greetings and respects also Prof. Dr. Soorya Lal Amatya, Rector as well as to the many professors and students who took the time to be with us today, and to the members of the press.
    I’ve been here for 7 months now and it has been a tremendous experience.  In fact, this assignment is something of a homecoming for me – one of my early jobs in the Foreign Service was as desk officer for Nepal in the 1980s.
    When I think back to that time I am struck by how much Nepal has changed and, if we look back just a few decades further to the early 1950s when the U.S.-Nepal relationship first began in earnest, the enormity of the change is almost staggering.  In 1950 Nepal was an absolute monarchy, politically closed, and deeply traditional.  Kathmandu was quiet, almost sleepy.  A colleague who served in our Embassy then recalls parking her car, one of only a few in Kathmandu, in the middle of New Road so that it would be out of the way of the carts and bicycles moving on either side of the road.  Most Nepalis lived out their lives isolated in rural villages, and the country was just starting to open its doors to the rest of the world. 
    Today, Nepal is a robust, albeit struggling, democracy, with a free and vibrant press.  Kathmandu is crowded, teeming with people from the many and vastly varied ethnic groups that make up Nepal’s rich demographic tapestry.  In today’s Nepal women no longer just work in the homes and fields but are making vital contributions throughout the economy including as bankers, university professors, economists, parliamentarians and Cabinet ministers.  Hundreds of thousands of Nepalis travel abroad for work and study and those that return bring back their experience and education to make Nepal a stronger country. 
    Over the last two decades, the pace of change has accelerated and the country has undergone an almost dizzying political, social and economic transformation.  And, as is so often the case with true transformation, these changes were preceded—or more accurately perhaps, shaped by—a sustained period of profound upheaval and persistent turbulence that wrenched an ironclad class hierarchy from its centuries-old moorings and catapulted it into the modern age.  1996 saw the beginning of a violent ten-year Maoist insurgency that upended Nepal’s rigid social structure, 2001 brought the horrific massacre of nearly the entire royal family, and in 2006 we saw the end of the monarchy and a multiparty agreement to craft a new constitution that radically decentralizes power. 
    Just one of these developments would be enough to alter a country’s national identity.  Taken together, they are redefining Nepal, and Nepalis are still deciding exactly what that new definition will be.  How will you choose to govern yourself, to share power, to share resources?  How will you address the needs and aspirations of a population strikingly different in ethnicity, language, faith, economic and social status?  How will you heal the wounds of 10 years of conflict?
    Change is not easy, especially the rapid socio-economic change that is radically transforming Nepal.  In the past, Nepalis, despite their ethnic and linguistic and religious and cultural differences, found a common identity as subjects of the king.  Now they have to determine what principles and values will unify them as they move forward.  The path toward those crucial decisions is not necessarily straight or short.  Government institutions remain fragile.  Society is changing quickly and in unpredictable ways.  These changes present enormous challenges to the Nepali state and to its people. 
    When I was in Washington a month ago, the Parliament was engaged in the 10th round of voting for the Prime Minister and people asked me how I viewed Nepal’s “political crisis.”  I told them then what I tell them now.  I don’t believe that Nepal is in crisis – at least not yet – and I do not believe that this needs to become a crisis.  The challenges the nation faces are indeed difficult and at times painful and the transition I discussed a moment ago will not be accomplished overnight.  Established political parties are being forced to redefine their roles and relationships in a political environment in which there is no longer a monarch to blame for constraining the exercise of the people’s democratic voice.  The Maoists, having entered into the political fray, are learning, I think, that working constructively to build a nation is a much more difficult task than trying to overthrow one.  All the parties need to learn to work together, find a common definition of the nation’s interests, and then jointly make the compromises necessary to advance them.  
    This is not a “crisis”; it is an emerging and evolving political process that will take time, and commitment, on the part of all.  The process will not be smooth and I fear it will stall as much as it advances.  But I believe it can, and likely will, advance and I remain confident that Nepal can become a stronger and more prosperous nation and one that will play a positive role in South Asia and the world. 
    Meanwhile, U.S. policy goals in Nepal are few, but they are clear.  We wish to see a stable, democratic and prosperous Nepal in which the rights of all citizens are respected and protected and in which adherence to the rule of law is a core value for all.  Our goals reflect, I think, the aspirations of most of the Nepali people.  They also echo our values as Americans while serving to advance U.S. national interests: a happy intersection of the motivations of head and of heart.  To accomplish these goals, we are focused on seven key areas.
    Peace Process
    In the view of the U.S. Government there is no single issue more important for immediate action by Nepal’s leaders than the completion of the peace process.  The war started in 1996 and ended in 2006, but the peace process is far from finished, and the ability of the nation to address effectively the myriad of other serious issues Nepal faces will continue to be a hostage to the tensions and mistrust that arise from this incomplete peace.  An honorable completion of the peace process is arguably the essential step – to help the country move past conflict and build a stable foundation for the future.  The conflict was, we can all agree, a dirty business all around, and there were no white knights.  Let’s be frank: the then-Government of Nepal was not representative of the people, and services were far from adequate and their distribution far from equitable.  The Maoists were violent, more destructive than constructive, and engaged in horrific acts often directed against innocent people solely because of their differing views.  The state security organs were also violent in their conduct of the war.
    But now the conflict has ended and, although issues of accountability for abuses during the conflict remain to be addressed, trading accusations and offering litanies as to why the “other side” cannot be trusted does not move the nation forward.   I have found that virtually every political leader I have met agrees that the conflict is over, its resumption is increasingly unthinkable, and the process must move to completion.  The debate, unlike that about the constitution, is not about “core values.”  It is about process.  And, if as political leaders so often profess -- and as I believe -- there is no more important issue than completing the peace, then there should be the ability to compromise on the modalities of that process and finally move the nation forward.  I would argue that this is about political will and a willingness to set aside partisan politics to do what is best for the nation.
    The most important component of the peace process is the integration and rehabilitation of the approximately 19,000 Maoist combatants who remain in UN-monitored cantonments around the country.  We have strongly urged the Maoists, whose role is central to this process, to allow it to move forward and complete it as rapidly as possible.  Until they cut their links with their former insurgent military forces their commitment to peace and democracy will be questioned and others will not feel confident enough in their intentions to make the necessary compromises on critical issues of constitution drafting and power-sharing.  The UCPN-Maoists are the largest party in the Constituent Assembly, and I would argue that they do not need a military force to pursue their political agenda.  In fact, so long as they retain a military force, on whatever basis, I believe that they cannot credibly engage in a democratic political dialogue.

    To be fair, however, the Maoists are not the only ones with responsibility. Yes, we urge them to honor their commitments, but the other parties also need to engage constructively to ensure that Maoist combatants to be integrated into the state security forces do so under fair terms and others are demobilized with subsequent opportunities to live lives of dignity as citizens of Nepal.  We understand that the process of integrating a portion of the former Maoist combatants into the security forces – as envisioned in the peace agreement – is complex and requires flexibility on all sides, including the Nepal Army.  But we believe these challenges can be addressed if the leadership remains focused on the key issues and open to creative thinking. 
    And we have seen some progress.  In January, the Maoists finally released the roughly 4,000 disqualified combatants, many of whom had been child soldiers.  While long-overdue, this was a positive step.  In another positive recent step, the Maoists have committed to transferring control of their combatants to the Special Committee and forming a Secretariat to oversee the integration and rehabilitation process.  While we want to see action, not just words, there are signs that the Maoists may finally be getting more serious about pursuing the peace process, and finalizing the peace.  We hope that the other parties will respond with a similar spirit.

    The international community is prepared to help.  The US, for its part, is more than ready to help fund the Secretariat’s work and the creation of field offices.  We are prepared to support programs to help those former combatants who want to return to civilian lives and are prepared to fund vocational training programs that lead to real jobs.  We recognize, however, that this process must be led by Nepalis; not by the US or any other power and thus, while we offer our support willingly, we wait for guidance from the political leadership here as to how it might best be given. 
    Finally, I would note that we remain very conscious of UNMIN’s pending mid-January departure.  We have long supported the important contribution by UNMIN but at this point we believe that completing the peace process is about the parties finding the political will, and the trust, to do so.  Only the parties can do that.  Not UNMIN, not the US, not any other organization or country.  The peace process will not collapse when UNMIN leaves, and the international community will continue to offer its support.  But now is the opportunity to resolve these issues once and for all while UNMIN is still here.  Now is the time to close the Maoist cantonments and move the country forward.  Now is the time to show the world that Nepal’s political leaders are as committed to the peace process as the international community, which has funded UNMIN’s continued engagement and pressed for peace for four years. 
    Now is the time for bold and wise leadership; with it, the peace process can be completed.  We hope it will be.
    Democratic Constitution
    To build an enduring peace, however, it is not enough to just address the issues of the former combatants.  The Constituent Assembly must also complete the task of drafting a new constitution for the peace process to be complete.  The peace agreements call on the political parties and legislators to draft a transformative document that redefines power and the control of resources in a new Nepal.  This is a difficult job in any country, made more difficult here by the legacy of the conflict.  Women, ethnic minorities, and members of historically marginalized groups have tasted political empowerment and are justifiably determined that their voices will be heard in this process and they should be.  Traditional elites, meanwhile, struggle to ensure that the pendulum does not swing so far as to leave them as the ones marginalized in the new Nepal.  
    At the same time, the drafting process is further complicated by the political parties’ competition to shape a constitution that will best reflect their values and political agenda, even as they try to define what those values are and should be in post-monarchy Nepal.  This is an issue for all the parties, but perhaps particularly for the Maoists, as they work through their own transition from being an insurgent force seeking to impose their political viewpoint through violence to a political party committed to working in a multi-party democratic system.  Doubts about the Maoist commitment to a democratic polity complicate efforts to reach agreement on a national political framework.  Similarly, Maoist concerns that other parties will seek to exclude them from a meaningful role in national governance equally complicate efforts to sort through pronounced differences between the parties on core values and on the nature of government. 
    For our part, we are encouraging the parties to refocus efforts on drafting a new constitution before the May 2011 deadline.  Despite the sometimes negative assessments, we believe that real progress has been made, and many Constituent Assembly members and others have worked tirelessly on this vital task.  Eleven different thematic committees have produced reports, with specific recommendations.  At the technical level, the dialogue on constitutional issues has been serious and constructive.  Recently we have seen resolution of disagreements on key issues by the task force being chaired by the Maoist Chairman Pushpa Kamal Dahal.  He and colleagues from all parties have reached agreement on the independence of the judiciary, on citizenship issues and on language questions.  All sparked vigorous debate, but agreement has been reached and the constitution is that much closer. 
    But the toughest questions remain unanswered.  What form of government to have, what will the electoral process look like, and what type of federal structure makes sense are among the most difficult issues, and resolving these will require leadership from the top officials of all parties.  I’ve met and had lengthy, in-depth discussions with most of them, and I believe they can yet rise to the occasion and that it is possible to draft a constitution that will enjoy the support of most of the Nepali people before next May 28.  Of course, if my short experience in Nepal has taught me anything, it is that we have to wait – often breathlessly -- for deadlines to near before decisions are made.  If that holds true, it suggests that May 26th and 27th could be very busy days, indeed.    

    The U.S. does not have a prescription for the “right” constitution for Nepal but we do believe that there are basic principles that define a democratic state anywhere in the world.  These include respect for the rights of the individual, the independence of the judiciary, separation of powers among branches of government, a free and unfettered media, open public debate, and regular and open democratic elections as a means of expressing the people’s sovereign will.  They are, in our view, essential components of democratic society.  As with the peace process, however, neither we, nor any other outsiders can define the democratic values and structures that will work for the people of Nepal.  That is for Nepalis to choose.  We can and do hope, however, that Nepal’s constitution, whatever its final shape, will reflect these principles, and we believe such a constitution will lay the foundation for stability and desperately needed economic growth.
    Security Sector Reform
    After resolving the future of Maoist combatants and once the constitution is finished, the government needs to reform its security institutions.  We believe this issue is critical for the country’s future.  Nepal’s security forces – the Nepal Army, Nepal Police, and Armed Police Force – retain the same size and much the same structures they had during the conflict.  During the conflict, the Army swelled to more than 90,000 troops, compared to roughly 45,000 before the conflict started.  It is simply too large and not configured in a way that addresses Nepal’s current security challenges.  While patriotic, professional and committed, it’s an army that must move beyond its historical identity and evolve to better serve the nation in the future.  For its part, the Army says it is committed to diversifying its ranks, including more women and disadvantaged ethnic groups, and we believe this is a positive step for a modern Nepal.
    Nepalis must develop their own vision for a security sector that addresses the country’s national security interests.  And, I would add, it is not only the Army, but also the police and armed police which need to define their respective roles and mission clearly. 
    The benefits of a reformed security sector will go a long way toward addressing one of Nepal's most pressing concerns -- the lack of security for its people, especially in the Terai plains bordering India.  In large areas of Nepal, neither police nor local government officials are present.  This “ungoverned space” leaves Nepalis vulnerable to criminals and other elements who seek to exploit this environment for their own end.  Extortion, kidnapping, and general lawlessness undermine economic development and basic human rights.  The Government deserves credit for recognizing this challenge, putting more and better trained police into problem areas.  But more needs to be done and we are trying to help.  

    Enhancing the Rule of Law and Human Rights
    Improving security will also lay the groundwork for greater respect for human rights, both in principal and in practice. We remain deeply troubled by the culture of impunity that prevails in Nepal.  Those who are politically connected are rarely punished for breaking the law, and abusing positions of power.  This in turn seriously erodes popular respect for the law and the democratic institutions behind it.  This is a recipe for chaos, not for peace and prosperity.
    Impunity also breeds corruption, which signals citizens that laws don’t matter while also acting as a drag on development.  We continue to hear allegations of rampant corruption, both at the national and local level, and the press recently gave prominent attention to Nepal’s low ranking from Transparency International.  More must be done to hold officials accountable and build a culture that respects the rule of law.
    What I hear often as I travel the country and as I talk to political leaders is that the country remains scarred by the atrocities committed during the conflict.  No one has been seriously punished for conflict-era abuses – neither the Army nor Maoists have cooperated meaningfully with officials in prosecuting effectively the most egregious human rights violators even in cases supported by solid evidence.  A healing process is needed to ease these scars of war and we are hopeful that the parliament will enact the necessary legislation, and the Government will implement, the long-promised Truth and Reconciliation Commission and Disappearances Commission. 
    Another significant law-and-order issue, trafficking-in-persons, remains a major concern for the U.S. Government.  Each year, many thousands of Nepalis, mostly young, uneducated, and more often than not female, are trafficked to India, the Middle East, and other countries and within Nepal as well.  Their stories are simply heart-wrenching: this is a moral issue of paramount import, and yet another eroder of the rule of law and a diversion of the human talent the country so desperately needs.  We are committed to working with the Government of Nepal to address this issue and hope to see increased prosecutions of key traffickers, some of whom have political connections that have heretofore protected them.  We are confident the Government recognizes its larger interests, as well as its moral obligation, to provide bold and decisive leadership in this area and we applaud the efforts by Chief Secretary Ghimire and others in the concerned line ministries to do so.
    Development Agenda
    The United States is committed to working with Nepal on all of the tough issues I've just mentioned, plus many more.  We are a long-time partner of Nepal.  The United States was the first country to sign a technical cooperative agreement with the Government of Nepal on January 23, 1951.  Over the past 60 years, the United States, through USAID, has provided over $2 billion in official development assistance to Nepal.   Other U.S. government agencies, along with the American private sector have pumped in hundreds of millions more in the form of innumerable individual company and community efforts and major philanthropic organization projects.
    In those 60 years, this partnership has contributed to remarkable development outcomes: the elimination of malaria from the Terai, the establishment of the College of Education, the installation of the first telephone exchange in Nepal, and the training of Nepal’s first public health nurses, not to mention hundreds of libraries and schools and thousands of water and other infrastructure projects.
    Over the next three years alone, U.S. Government assistance to Nepal from a variety of sources is projected to top $225 million.  These funds will be used, among other things, to support the peace process; strengthen democratic institutions; improve governance and rule of law; provide training and education for youth employment; support early childhood education; fight trafficking in persons; provide sustainable, accessible, and quality basic health services; enhance economic competitiveness, promote inclusive economic growth; assist with humanitarian crises; fight against hunger and ensure food security; cope with global climate change, train police, professionalize the military, and prepare for disasters. It’s a long list.

    This assistance includes $47.7 million this year alone, to achieve the objectives of the three new initiatives announced by President Obama, addressing health and climate change and global hunger and food security. With this focus, our USAID Mission hopes for further attention and possibly increased funding for Nepal, as a strong partner in all three initiatives.   
    I am particularly proud of our efforts to improve healthcare for Nepalis.  There is an extraordinary health development program in Nepal, one that we've been working on for at least four decades.  In fact, Nepal is one of very few countries on track to meet more than one of the Millennium Development Goals in Health, an accomplishment for which it was just recognized at the UN General Assembly on September 20.  Specifically, Nepal was congratulated for its remarkable achievement in cutting in half the number of pregnancy-related deaths and the child mortality rate between 1996 and 2006.
    Nepal has also been a global leader in highlighting the unique impact global warming has on high mountain watersheds and the downstream implications from receding glaciers.  The expected impact of climate change in Nepal includes: overflowing glacial lakes, massive downstream flooding, and seasonal drying-up of water supplies for tens of millions in both Nepal and India.  Nepal is already looking at mitigation strategies, and we are working closely with them on solutions. 

    Economic Growth
    We know that development assistance alone cannot improve the lives of Nepalis.  It is the private sector – not international donors – that will transform Nepal’s economy and create opportunities in Nepal for Nepal’s young people. 
    When one sees Nepalis queuing up at the Foreign Ministry by the hundreds every day for passports in the pursuit of jobs in the Gulf States or elsewhere, one cannot help but feel depressed by the large number of young people choosing to leave their homes to work abroad.  I fear that many of the people in those lines do not intend to return to Nepal, draining the country of a tremendous resource.  Nor is an economy built largely on labor remittances and customs revenues sustainable over time.
    The key to turning this situation around is to create an environment where the private sector can thrive, both domestically and in the international arena.  We are seeking to do just that.  We want to work with the government and the private sector and other international partners on much needed economic policy reforms.  We want to help the private sector create the jobs that are so desperately needed.  One of our new USAID initiatives will invest $30 million over three years to help strengthen Nepal’s trade competitiveness, expand exports and make agriculture more efficient.  We will discuss the reform of labor laws so that politically-linked labor unions cannot cripple economic growth and we will work with the private sector and government to identify and eliminate bureaucratic barriers to trade and business development. 
    The country is well-positioned between two of the largest and fastest growing economies in the world with huge markets on either side of its border.  This may indeed be a time when being the yam between two boulders can be an advantage for the nation.  Nepal has enacted a new trade policy in response to economic changes that have occurred in recent years, both inside and outside the country, replacing a policy adopted in 1992.  This new policy is well positioned to strengthen trade ties with the United States, as well as other countries, because it addresses new economic realities, including the fact that some of Nepal’s traditional exports no longer enjoy a competitive advantage in the global market.  The updated trade policy aims to promote, in partnership with the private sector, “new exportable goods of comparative advantage.”
     
    Fifteen “special thrust areas” have already been identified.  Nepal’s advantage in terms of production is not the only thing that makes these agricultural and handicraft goods prime targets for export promotion.  All of these goods also fall within the various categories of products that enjoy duty-free access to the U.S. market under the Generalized System of Preferences. Nepal’s hydropower potential is also, as everyone knows, considerable, and we are seeing increasing activity in this area.  We have also seen the growth of the information technology sector and believe there are increased opportunities there as well.  
    We remain committed to work with the Government of Nepal and the private sector to create new opportunities and help ensure the right macroeconomic and trade policies are in place to help Nepal’s economy flourish.  I can tell you that my desire is to spend my time not talking about politics but about development and job creation and about helping to build an economy where young people have alternatives that will allow them to build promising futures in Nepal rather than traveling abroad.  These are the issues that really matter to most people and make a difference here and now in the lives of the people and their children.
    Disaster Preparedness
    Finally, let me just mention an issue of particular interest and concern to me – disaster preparedness.  As many of you know, Nepal tops the lists of countries most vulnerable to a catastrophic earthquake and the Kathmandu valley with its significant and dense population is particularly vulnerable.  A major earthquake today would be devastating.   Realistic projections suggest that in the valley alone hundreds of thousands – yes, hundreds of thousands – of people will die.  Many more hundreds of thousands will be homeless and much of the Valley’s infrastructure will be destroyed.  The damage will likely be comparable to the devastation of Haiti’s earthquake early this year, or worse.  Such a quake would set Nepal’s development timeline back by decades.
    We want to help change that picture.  We want to save lives and preserve the development gains that this country has made.  I can tell you that we are committed to working with government, NGOs, and with private citizens, to help them to mitigate the potential damage, as much as possible, from the impending disaster.  Much needs to be done.  Retrofitting schools and hospitals, enforcing building codes, prepositioning supplies, and training community first responders, are among the many steps that we can take together to mitigate the impact of the disaster and improve the capacity to respond when it happens as it, unfortunately but inevitably, will.  We have already begun to engage actively with the Government of Nepal through the Home Ministry, Nepal Army, Armed Police Force, and Nepal Police. This is a partnership that must be energetic, and that must have a strong commitment from the Government of Nepal and the entire donor community – and that must begin now.    
    Government Formation
    You’ll note that the one thing I have not addressed, but about which I am often asked is government formation.  I will tell you what I tell everyone else.  The question of who governs and how that government is structured is not a matter for anyone other than the people of Nepal to decide.  We will continue to engage all parties and all elements in society here to build for the future, and we will work with whatever government is chosen in a democratic political process.  Our concern is not with who will lead, but that whoever leads, is able to do so effectively; to conclude the peace process and to tackle successfully the challenges of building consensus on the constitution.  It is tall order for any government, but I believe that Nepal will ultimately find a government capable of doing this and moving the nation forward. 
    Conclusion
    While the list of challenges facing Nepal is daunting, there are also real opportunities and, overall, I am hopeful and even optimistic about Nepal’s future.  That optimism, however, is tempered by a healthy dose of realism.  In my view, Nepal today is closer to a lasting peace and a democratic constitution than it was four years ago, or even one year ago.  But a cold-eyed analysis must also acknowledge that significant challenges remain and, without committed bold leadership and engagement, the process could break down with troubling consequences for the future.  I believe, however, that there is a foundation of accomplishment in recent years to build upon and a widespread realization among leaders of all parties that the country must continue to move forward.  There is no other choice. 
    At the end of the day my faith rests with the people of Nepal.  I believe in the resilience, the decency, and commitment of the people of this nation and the determination of Nepalis of all communities to see this transition through to a successful conclusion.  I believe that further positive change will come and that concerns about failure will be supplanted as a new reality takes hold; one that finds Nepal transforming into the democratic, stable and prosperous nation that so many people, including Americans, want to see.  I also believe that young people like you can and should be at the heart of this change.  You must play a constructive role and all Nepalis must press political leaders to give you the peace and the constitution you deserve after all the challenges you have faced in recent years.  And I look forward to the US playing its role, as friend and partner, in helping Nepal seize the opportunities to build that stable, prosperous and democratic future. Thank you.