Saturday, May 28, 2011

Proposals for Post-28 May 2011

Let us observe the Fourth Republic Day of Nepal, 29 May 2011, appropriately by starting a 'Thappadtantrik' initiative, since 'Loktantrik' has not worked.

Simple procedure for this initiative - (a) spot a CA member who voted for this futile 3 months extension; (b) ask him/her why he/she voted in that manner; (c) if you are not satisfied with the answer, SLAP the honourable member (number of slaps to be determined by the level of stupidity of the answer).

Be prepared to be arrested. The arrest will be your badge of honour.

Besides civil protests, whether they be on cheeks or from the streets, let us also now MONITOR every member of the CA on their performance, on a daily basis. A "CA Watch" needs to be urgently established for this purpose. Let us not take this travesty of democracy and peoples' rights lying down. They are there to serve us, the People, let us make sure they do so.

Thoughts in the morning of 28 May 2011 (as written in FaceBook)

7.15 am in Kathmandu. CA term lapses at midnight today. A soothing rain is falling, an auspicious sign in Nepal. RPP-N rally begins at noon. Listening to 103.6 FM interview programme. Deadbeat politicians implying that non-extension of the CA, per se, would create an Emergency thereby allowing 6 months extension. They MUST NOT get away with fooling us, the PEOPLE, again!!! Lord Pashupatinath watches us closely today.



"Ma mare' pani mero Desh banchi rahos"...song playing on the radio. Something to think about very seriously today.



"जननी जन्मभूमिश्च स्वर्गादपी गरियसी” (जन्म दिने आमा र जन्मभूमि स्वर्ग भन्दा पनि प्यारो हुन्छ।) Do the leaders of the 3 big parties remember this as they continue chattering away fooling us that they are trying to reach consensus? They had three years to reach consensus. The next 15 hours will make no difference. CA cannot be extended legally. Period. Stop your consensus talk, go home, and enjoy your Saturday.

Thursday, May 26, 2011

25 May 2011

"Verdict of the Supreme Court of Nepal on Writ No. 066-WS-0056 submitted by Bharat Mani Jangam along with the Constitution Assembly Secretariat" (Summary)

1. The Interim Constitution Article 64 specifies that the Constitution Assembly’s (CA's) term is for two years. It can be extended for a period of six months only, should there be an emergency situation in the country. It cannot be extended indefinitely.

2. Given the above stipulation of Article 64, it is not possible to extend the CA for more than 6 months simply stating that the constitution could not be readied for various pedestrian reasons, as was done in May 2010.

3. Therefore the one year extension of the CA last year, 8th amendment to the Interim Constitution, was illegal. Since that extension ends in three more days, there is no practicality in overturning it at this late stage. (This may yet be challenged by anti-extension advocates.)

4. Article 83(1) of the Interim Constitution specifies that the CA must not confuse its constitution drafting functions with its legislative ones, since it serves as the legislature also. This confusion has prevailed extensively.

5. Conclusion: There cannot be an indefinite extension of the CA as has been occurring and as has now been further requested by the government. A 6 months extension is possible if emergency is imposed on the country, with valid reasons. (This may yet be challenged by anti-extension advocates.)

Post-script
On 26 May 2011, Mr. Jangam has submitted another writ arguing that another extension of the CA is simply not possible. There is no emergency; and last year’s one-year extension has already over-stepped the 6 months extension allowed by the Interim Constitution.

Sunday, May 22, 2011

This morning I received a Press Release from UNN (United Nationalist Nepalese), a non-profit organisation registered in Houston, Texas, with a world-wide membership of nationalist Nepalis and others who support Nepal. The web site is http://www.unnepal.org/.

UNN is not alone in its call to restore the 1990 Constitution. That constitution was a democratic one, considered one of the best in the world. Ironically, our ex-PM, Madhav Kumar Nepal, was also one of the architects of that constitution. The current Constitution Assembly has failed, even after 3 years, to come up with a constitution. The Government, led by the Maoists and UML, is tabling a proposition today before the CA to extend the CA for another year. A 2/3 majority in the CA would get the proposition through.

As of now, the Nepali Congress and 2 of the Madhesh parties are opposing the extension. A 2/3 majority in the CA without them is not possible. But, knowing how politics works here, there may already be backroom horsetrading among these major parties (Maoists, NC, UML and MJF) and everyone will agree to the extension at midnight 28 May 2011. Perhaps there is already a deal where CA will be extended and a new government formed with a NC Prime Minister? (just guessing)

The people of Nepal are fed up with this CA. How can this extension be prevented? Legally, should the Supreme Court rule that an extension is not legal, given that CA extension can only occur if there is a 'national emergency'? In the streets - mass protests with the potential always of violence?

What is the way out? Presidential rule from 29 May with elections within 3 months? As the old adage asks, 'Who will bell the cat?' All fine and good for someone like me to sit comfortably in my study and spew out the above words, but who really will bell the cat? Should the CA cease to exist as of midnight 28 May, which government institution remains with any legitimacy? I can only think of the Nepal Army. Ideally, an army does not govern. It, simply put, has the express purpose of eliminating those considered enemies of the State. But there have been cases, in Africa and elsewhere, where the Army stepped in to restore democracy (e.g. Flight Lt. Jerry Rawlings' coup in Ghana).

Post-28 May, whither Nepal? Do we continue with our complacency and the fabled "ke garne" attitude? Or do we take our fate in our own hands and let this CA know: 'Enough is enough. You were elected to draw up the constitution within 2 years. Even after 3 years, you have failed. You cannot keep extending yourself indefinitely. Neither an extension of 6 months nor of 1 year will give us a constitution. You have shown us clearly that the constitution is not your priority - staying in power and making money is. So go home. We will elect a new parliament/CA that truly represents our aspirations. GO HOME!"

Jai Pashupatinath!

Thursday, August 12, 2010

"Enough Politics – let’s talk Development" by Birat Simha (published in the People's Review, 12 August 2010)

This piece was originally titled “What’s wrong with Nepal” and was intended to explore the political mess this country is in. On second thoughts, the idea seemed totally redundant. We all know all there is to know about the messy politics. And yes, politics is supposed to dictate every aspect of the society. But maybe that is the problem. Perhaps we need to veer away from a politics-driven approach to a Development-driven one while examining what’s wrong with Nepal (the country not the caretaker Prime Minister with the same name!).

Shelving aside elaborate ivory tower definitions of what “development” is, I consider development as simply maximising the human potential of society. One can talk about fancy indicators like GDP, per capita income, rates for literacy, maternal and infant mortality, etc. ad infitum. What it all boils down to is meeting the basic needs of every member of society, providing each member with equal opportunity for advancement, and ensuring they are able to lead secure and peaceful lives. Food and shelter are the very basic of needs. But these needs do not differentiate humans from animals because the latter too have the very same needs. Opportunity to better one’s life is the key. No, we are not all born equal.. But we should all have equal access to opportunities which we can utilise according to our abilities. Without these opportunities, we are prisoners of our birth, locked in a state of inertia, besotted with frustration, basically born to scrape through life and die without any improvement in our lives.

Popular terms such as “democracy” and “human rights” are not mentioned above. They are not because these concepts are made superfluous when one is talking about basic needs, opportunity, peace and security. We have wars of occupation currently ongoing in the world in the name of democracy. Democracy is the modern Holy Grail which some countries, who pride themselves on their democratic mettle, try and imposes on other countries which have no stomach yet for it. Human rights is a term that has been maligned and overused to the extent of making it a jocular political tool. We have seen how well international and domestic human rightists have performed in Nepal.

So in lieu of getting our blood pressures up at the political shenanigans being played out in and out of the Constituent Assembly, it may be healthier and more constructive to look at the state of the country through the prism of development. Nepal ranks 145th, out of 179 countries, in UNDP’s October 2009 Human Development Report (HDR), a comprehensive measure of life expectancy, literacy, education and standards of living. As per the Asian Development Bank’s 2010 report, from a total population of 29.25 million with 83% of the population living in rural areas, about 13 million adult Nepalis remain illiterate. About 3 million Nepalis do not have the probability of surviving to age 40 (HDR); and the average Nepali cannot expect to live beyond their mid-60s. 11 million Nepalis, 38% of the population, still live on less than US$1 a day. Sri Lanka, with a substantially smaller population than Nepal, has a higher gross national income than Nepal. Over 50% of rural households cannot produce enough food to meet basic needs; and 39 of the 75 districts are food deficient. Rabid unemployment levels drive large numbers of some of the best and most motivated of our youth to other countries.

The outflow of the youth force is the most blatant indicator of a lack of opportunity in this country. Many halt their education for menial jobs in the Gulf countries among others. Schools close down at the drop of a hat when anyone calls a strike/bandh. This in fact has forced many parents, those who can afford it, to send their children to schools in India – a substantial outflow of funds, besides the fact that these youngsters lose touch with the culture and society of their native country. The typical college graduate has to find a job, the few that exist, based mostly not on his/her merits but on contacts. Those who do not find employment, and cannot find a way to go to other countries, fall into the pit of frustration, disillusionment and radicalism. Let us keep in mind that over 45% of the Nepali population is between the ages of 10 and 34 (Demographic and Health Survey – Nepal, 2006).

The other social indicator is Health of course. Maternal and infant mortality are two indicators that are oft quoted as having improved remarkably in Nepal. Nevertheless, as recently as 2007, half of the children under the age of 5 were stunted, and 10% were actually malnourished. 75% of pregnant women were anemic. Only 27 % of rural households had access to a latrine. Diahaorrea outbreak, and deaths from it, in some districts are still annual events. Yesterday’s papers talk about a possible polio outbreak. Tuberculosis and Hepatitis continue to be major threats. Diabetes has become a rising challenge. Medical service, even in the capital, is sparse with those who can afford it invariably rushing to Delhi or Bangkok for urgent medical problems. Basic facilities such as safe drinking water and sanitation, doctors, nurses, and health center/hospital beds continue to be inadequate, particularly in rural areas. Malaria, especially in southern Nepal, remains a threat.

So the next time our “leaders” (and I use the term stingily) and the CA assembly members put on their political circus act, let us look past all that. They know not what they do. They have not even bothered to approve yet a budget for development activities for this fiscal year. They have lost their way and forgotten the reason why they are where they are – to help the People, as public servants. Let us leave them to their games and concentrate on developing the country, without them if need be. Let us look past the cloak and dagger stuff, the skullduggery, the unashamed cheating on the aspirations of the people who voted for them. If the government cannot help us, we must help ourselves.

Media attention is overly focused on the political. For example, yesterday’s (9 August 2010) OpEd pages of one of the major English dailies has an editorial on the prime minister election, an interview with Maoist Number Two (and potentially Number One) Baburam Bhattarai, and a motley smorgasbord of articles including one on the recent unsolicited and unsuccessful visit of Shyam Saran, allegedly the special representative of the Indian prime minister, to Kathmandu. There are two pages dedicated to “Business”; no space for development issues.

The standard refrain is that development prospects hinge on lasting peace and stability. Well, the Comprehensive Peace Agreement between the then government and the Maoists was signed on 21 November 2006, and we are still searching for that elusive peace and stability. Time to unlock development from this mirage. The politicians can quibble over who gets to the mirage first. Development must now become a people-led agenda, supported by the business sector and the non-governmental and community development organizations with advocacy from civil society, which has unfortunately proven itself Lenin’s “useful idiots”, and the media of course.

Finally, a word on philanthropy. It is not well developed in Nepal. We have the sorry habit of looking always to the government, and especially to the myriad of donors, for development funding. We should take the example of the 2nd and 3rd richest men in the world, Bill Gates and Warren Buffett, who have pledged half their fortunes to philanthropy and are on a crusade to persuade all 400 plus billionaires in the United States to do the same. There may be no billionaires in Nepal, but there are enough well-endowed domestic sources, individual and organizational, to provide substantial development funding. Instead of complaining only, it is time these sources put money where their mouths are.

(The writer is a former UN international staff)

Saturday, July 31, 2010

Don't Make Jokes; Just Watch the Government

Tomorrow, 2 August 2010, our Constituent Assembly sits for a third time to try and elect a new Prime Minister for the country. The incumbent PM, who heads a caretaker government currently, resigned over a month ago. It is unlikely that this 3rd attempt at a new government will bear fruit. There is no consensus among the major political parties. Individual political leaders are merely drooling over the PM's chair. I have actually stopped thinking about this melodrama, a transparent attempt to fool the Nepali People who apparently elected the CA in the hopes of gaining a new constitution and consequently a "New Nepal".

I have a collection of political humour that I kept for just such an occasion like this. I have nothing more to say than to state the "funnies" below. Emphasis in bold are mine:

Giving money and power to government is like giving
whiskey and car keys to teenage boys.
- P.J. O'Rourke, Civil Libertarian

Government is the great fiction, through which
everybody endeavors to live at the expense of
everybody else.
-Frederic Bastiat, French Economist

I don't make jokes. I just watch the government and
report the facts.

-Will Rogers

In general, the art of government consists of taking
as much money as possible from one party of the
citizens to give to the other.
-Voltaire (1764)

Just because you do not take an interest in politics
doesn't mean politics won't take an interest in you!

-Pericles (430 B.C.)

No man's life, liberty, or property is safe while the
legislature is in session.
-Mark Twain (1866)

Talk is cheap...except when Congress does it.
-Unknown

The government is like a baby's alimentary canal, with
a happy appetite at one end and no responsibility at
the other.
-Ronald Reagan

The inherent vice of capitalism is the unequal sharing
of the blessings. The inherent blessing of socialism
is the equal sharing of misery.

-Winston Churchill

The ultimate result of shielding men from the effects
of folly is to fill the world with fools.
-Herbert Spencer, English Philosopher (1820-1903)

There is no distinctly Native American criminal
class...save Congress.

-Mark Twain

Amen.

Sunday, June 20, 2010

Vu Vu What?

No, it is apparently not a “traditional” South African instrument. Neither does it have any significant cultural value. Vuvuzelas started appearing during South African football games in the 1990s. Similar instruments had been used in Mexico in the 1970s. Various officials, coaches and players at World Cup 2010 have protested at the unacceptable noise level produced by thousands blowing on vuvuzelas during matches. The “beautiful game” depends primarily on the players on the football pitch. But the flavour of the game is much diminished without being able to see and experience audience reaction. The cheers, the nationalistic songs, just the pure raucousness of the fans give a game its anbiance. In this World Cup, all we hear is the droning of the vuvuzelas which drowns out every other sound in the immediate universe.

The players cannot even communicate well among themselves. Being able to concentrate on the game is as important as playing skills and physical fitness. Concentrating, with the noise akin to a billion bees humming around you, must be well nigh impossible. The FIFA President says that vuvuzelas cannot be banned since the World Cup is being played in South Africa and these instruments are a part of South African football. Maybe that explains the poor performance of the European teams!

Wimbledon 2010, which starts today, has already banned this pesky item. So has Yankee Stadium in New York. It is one thing to take pride in one’s tradition but quite another to drive the world nuts with the horrible monotone of tuneless noise makers.