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EkChhin :  MS-Nepal Newsletter April 2001

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Conflict, Analysis and Resolution <Page 2 of 5>

The Build-Up Of Conflict

Communist and Congress parties had assured the people that political freedom; economic development and social security would be guaranteed in panchayat were replaced by democracy. People had hopes and beliefs that the end of the corrupt and closed system would result in a transparent political system, which would base on the will and wishes of the people in all respects. They had hopes of easy and fair justice, free and just administration and social security.

However, unlike popular expectation, discrimination started to take place right from the constitution making process. Part 4 of the Constitution institutionalized religious discrimination when it stated Hindu as the state religion. People’s demands for regional, linguistic, religious and ethnic issues were not accommodated. The old fatalist and priestly culture held and sustained by the Hindu framework of labor division continued to be the tool of democratic governance. Not by accident, it was done so on purpose, as the unfolding events explained.

Following the promulgation of the Constitution, the Nepali Congress Party got majority in the first general elections and formed the government under the leadership of Girija Prasad Koirala as the Prime Minister. Securing 69 seats. The CPN (UML) stood as a strong opposition. Besides, there were 11 other leftist members in the House of Representatives. Prime Minister Koirala presented himself as a strong anti-communist Nepali Congress member instead of a prime minister responsible for and impartial national administration. He did not care what the opposition was to say. Police and state administration were controlled by respective ministers and made to side with Nepali Congress party. Members of erstwhile panchayat were brought in. Nepali Congress Party swelled like anything. Those who chose not to side with Nepali Congress became victims of the system as a whole. Within democracy, a typical form of despotism came in place and it was justified on pretences of protection nascent democracy much in the same way the panchayat system used to justify crimes in the name of the king, monarchy and the people.

In rural areas of Nepal, atrocities further heightened. Violence and crimes became a routine. Now, the people divided between those who had reason to hope and those who had to lose it (hope).

What is painful more than this for the people who sacrificed as much as their life for democracy in view that the nation would be ruled by conscience not by criminality! What people would do if their choice turned to be worse than what they hated!

Criminalisation and Impunity

Political transformation would mean the end of the wrong protected by the old system. It would mean legal action against criminals and rogues. The interim government had made an attempt to do this. It had formed a commission headed by Janardan Lal Mallik in order to look into the events that occurred surrounding the People’s Movement and submit a report. The commission completed its job and submitted the report to the cabinet. The cabinet passed the report onto the Office of the Attorney General to ‘implement the report.’ But the Office remarked that only on the basis of the report no action could be taken against anyone stated in the report. All ‘criminals’ got impunity. Over years, they even became policy makers of the new system.

Scores of criminals notoriously known for their criminal records, convicted and held on a charge of murder, violence, vandalism, and so on even by the panchayat system, were pardoned, they were released, and their properties confiscated were returned. Of those former criminals, DB Lama has been elected as a Nepali Congress MP, and Bhim Prasad Gauchan has been allowed an entry in the CPN (UML).

Following the advent of democracy the criminal hold of state power did not end after all. In a bid to power balance between the major allies of the People’s Movement, the Nepali Congress and CPN (UML), encouraged the veterans of panchayat regime to enter in their parties. These professional gangsters enjoy an especial say in the parties as they have entered either due to monetary reason or any other especial influence. These are the people who influence elections and policymaking processes, and reap the benefit as soon as the government is formed. The government under such circumstances is primarily bound to protect the interest of these people who invest money or muscle during elections because they are required for the next elections as well. Above all, the criminals of the panchayat regime entertained full impunity.

All bodies and departments of the state are affected by impunity as political leadership is in the morass of criminality. When a person of the stature of prime minister says, ‘smugglers have invaded parliamentary politics’, the commoners are bound to question whether the prime minister is one of them.

Corruption

Corruption is one of the worst vices of the democratic system, perhaps no less culpable than criminality. And, the politicians have been the mainsprings of corruption, both political and moral. In the panchayat regime, 18 major corruption cases were recorded besides gold, idol and drug smuggling, in the past decade, which characterizes democratic polity, the number of corruption cases is no less than that, if not higher.

Almost all parties and MPs are associated with corruption one way or the other; in the purchase of aircraft, fertilizer, release of panchayat-convicted criminals, in the pretence of toppling and protecting a particular government. The list goes on.

Politics of conscience is a kind of self-owned responsibility, the responsibility that makes one give up personal interests in favor of common good. This is a difficult job that requires reason, vision, perseverance and sacrifice. There are only a few, who can merit these plural thinking, a dedication to eliminating the system that maintains an unjust distribution of wealth and resources. They are called leaders. They have a plural thinking, a dedication to eliminating the system that maintains an unjust distribution of wealth and resources. They are leaders because they have envisioned of a system, which is not divided between the oppressor and the oppressed. Leaders have thus a position superior to that of common people, and the superiority is maintained by the respect they command from the people.

But in the case of Nepal, politics has been regarded as a kind of business investing in which multiplies profit. After the advent of democracy, a decision was made to pay compensation for the victims of anti-panchayat (in some cases, in favor of panchayat) politics. Over years, it was justified that the decision was made with an exclusive focus on those who made or could make decision. It was a decision made by the leaders for the leaders. This can be taken as an example of moral corruption.

The people who have lost everything and have no specific say and influence in decision making have gone unnoticed, unfortunately.

In the year 2000, corruption concerning mobile telephone sets has been reported as the largest case of corruption after the advent of democracy. The other one associated with Lauda Air has been one of the highly publicized cases so far. Prime minister and senior ministers of the cabinet have been reportedly involved in both. The opposition parties in parliament have been pressing the ‘corrupt’ prime minister to resign for over 50 days, but to no avail until this write up was sent to printers.

In most of the corruption cases, the whole state institution has been reportedly involved. As a report has noted, various bodies and departments under Finance, Home, General Administration, and Tourism and Civil Aviation Ministries have been directly involved in revenue leakages and smuggling. Corruption takes place almost everywhere, even in political appointment, promotion and overseas travel. Yet another report observes that the planning for smuggling is made in consultation with police, investigation and special police institutions.

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Ekchhin : MS Nepal Newsletter

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