NEPAL: An appeal on the occasion of Loktantra Day

A statement by 19 citizens, Kathmandu, 24 April 2009

Having gathered on the occasion of the third anniversary of Loktantra Day, we citizens from different walks of life, in making public our views on the current situation, appeal to the Nepali public and political parties to remain committed to the directives of the People’s Movement of April 2006. On this occasion, we pay tribute to those martyred in the peaceful People’s Movement, recognising their everlasting contribution to peace and democracy, and present this analysis on the state of democracy in our country.

Achievements to date

The epochal achievements of the last three years include: the peaceful establishment of a republic according to the spirit of the People’s Movement; the fulfilment of the people’s long-held desire for a constituent assembly; the election of the President and Vice-President as the first step in institutionalising the republic; the formation of a government through elections; the constitutional provisions towards federalism adopted as a result of the people’s campaign, including the Madhes Movement; the adoption of the principle of inclusion in all aspects of state activity and the start its implementation; and the expressed commitment of all political parties to drafting of the new constitution. We believe the consolidation of these achievements will secure our political future, by strengthening nationalism, sovereignty and plural democracy.

Analysis of the present 

Notwithstanding the accomplishments, the spread of rampant impunity to all corners of the country has endangered the security of citizens. There is general belief that the government of the day is encouraging this trend rather than seeking to end it. Those accused in the killing of journalists Birendra Shah, Prakash Chandra Thakuri and Uma Singh, businessman Ram Hari Shrestha, student Pushkar Dangol, and political activist Prachanda Thaiba have been protected in one way or another by the state, some of the accused even receiving elevated appointments. Such actions of a government in power can only promote further impunity in society, and allows us to question the commitment to human rights, rule of law and plural democracy of the party leading the government.

We also so believe that constitutional government, rule of law, democratic norms, and the peace process itself have been openly violated in events such as: the appointment of the abbots of the Pashupatinath Temple; the withdrawal of criminal cases against those accused of atrocities; the serial attacks on the media that has triggered a culture of self-censorship; the nomination of unknown faces to the national Academic Council; the recruitment of cadres in revenue collection; the provision of government grants to NGOs affiliated with a particular political party; the involvement of party affiliated youth wing in tender-biddings across the country; and the condemnable act of face-blackening of the Vice Chancellor and Rector of Tribhuvan University, which challenges not only the academic and intellectual community, but the entire civilised society.

Today’s challenges

The trends described above have grave implications for the peace process as well as the constitution drafting. We are distressed to note the declining influence in public life of political parties which function under philosophical values, and believe that the ongoing decline in their activities can only weaken the democratic polity. The progressive displacement of political issues by non-political thinking and the growing militaristic belief in the efficacy of armed force to achieve power are further affecting our democratic evolution.

We insist that the People’s Movement represented a definitive defeat of all who espoused the use of arms, for whatever purpose. The citizens of Nepal have repeatedly made it clear that they do not support the use of violence in public life under any pretext. We reject and condemn any and every violent activity in society and request all agitating groups to seek fulfilment of their demands exclusively through peaceful means. As concerned citizens, we also draw the attention of the authorities to the failure to promptly implement past agreements between the Government of Nepal and various agitating groups, which has raised obstacles to the ongoing peace process.

The future journey

The only way to institutionalise the gains of the People’s Movement, achieved through the joint efforts of the seven political parties and the Maoists, is to ensure the promulgation of the new constitution by May 2010. We believe that the political parties part of the People’s Movement, as well as those which emerged from subsequent movements, must concentrate on the great and challenging task of preparing the new constitution, keeping in mind the people’s mandate and the given timeframe.

We are perturbed by the daily activities of the present government, which disturb our collaborative journey towards the new constitution. It is essential that all the parties in the Constituent Assembly work in agreement and consensus throughout the constitution-drafting process until the document is promulgated. For this, we call on all the parties to come together to establish a credible mechanism on the basis of national understanding, in order to complete the task given by the People’s Movement.

Civilian supremacy and rule of law, pluralism, an independent judiciary and constitutional sovereignty are the common pillars of a modern and civilised democratic society. These pillars must be protected under all circumstances in order to ensure that the journey to the future is secure, which requires the common commitment and practical attitude among all political parties.

We would like to point out that civilian supremacy means neither Maoists supremacy nor the primacy of any autocratic force. For this reason, we cannot watch passively as all sectors are brought under the grip of a political force in the name of civilian supremacy. In this context, we protest the actions against the Nepal Army with relation to a matter that happens to be before the Supreme Court. We are also worried about the fallout of such actions, leading towards the militarisation of society.

As against the need to keep the judiciary and national army above debate and away from party influence, we condemn the involvement of the leaders and Constituent Assembly members of a party in government in the raising of slogans and burning effigies. Such actions, including also the attack on Tribhuvan University faculty, not only challenge civilian supremacy and rule of law, they hurt the image of our country before the world. We demand that such shameful activities cease forthwith.

We condemn as beneath dignity actions that seek to hurt the Presidency of Nepal, an office so vital for the institutionalisation of our nascent republic. We would like to alert the political parties as well as the entire citizenry of the need to preserve the high office of the President of Nepal.

In the context of the imminent handover of leadership in the Supreme Court of Nepal, we are firmly of the belief that this must occur outside the ambit of political expediency and political party self-interest.

Despite criticism and challenges that may be made, under current circumstances, we believe that sustainable peace and the promulgation of the new constitution cannot be achieved by sidelining or isolating the United Communist Party of Nepal (Maoist). Against this backdrop, it is not necessary at this point to question the benefit of doubt given to the Maoists in government following the elections of April 2008. However, the UCPN (Maoist) must not take this to mean that the public’s desire and mandate prevents the seeking of an alternative to the present government configuration.

For the sake of sustainable peace and a secure democracy, we call for the immediate dismantling of the cantonments through the integration and rehabilitation of the Maoist combatants.

We appeal to the respected citizenry to remain vigilant and to maintain constant pressure for the promulgation of the Constitution of the Federal Democratic Republic of Nepal within the stipulate timeframe.

Signatories:

1. Nilamber Acharya
2. Radheshyam Adhikari
3. Rajan Bhattarai
4. Tikaram Bhattarai
5. Chandrakishore
6. Kanak Mani Dixit
7. Dr. Saroj Dhital
8. Kul Chandra Gautam
9. Pradeep Gyawali
10. Dharmendra Jha
11. Prof. Kamal Krishna Joshi
12. Prof. Kedar Bhakta Mathema
13. Raghuji Pant
14. Shanker Pokhrel
15. Subodh Raj Pyakurel
16. Sushil Pyakurel
17. Dr. Minendra Rijal
18. Pasang Sherpa
19. Sambhu Thapa

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Document Type : Forwarded Statement
Document ID : AHRC-FST-030-2009
Countries : Nepal,