Nepal-India relations : Hydropower development

Dwarika N Dhungel

The rosy picture drawn by some development experts that Nepal could gain millions of dollars by export of hydro-electricity to India, is being given wide media coverage. This, in the wake of the Patna meet on Emerging Trends in India-Nepal Relations organised by the Policy Planning Division of the Ministry of External Affairs, India, in which some 40 Nepali delegates participated. Some of them had gone to the extent of saying that “Bihar would require 10,000 MW electricity in a few years. If we can develop and export that much of hydropower, Nepal would be able to make revenue of Rs 250 billion. This scribe was a member of Nepali contingent that went to Gangtok to take part in a separate dialogue on Economic Reforms and Development Dynamics: A Cross Border Perspective between India and Nepal, organised by University of Sikkim, Gangtok, from April 18-20, 2008.

Coincidentally, generation of 10,000 MW in 10 years is also the target of CPN-Maoist. The goal is not impossible but it will require a Herculean effort and trillions of dollars. In this regard, one of the hydropower experts has said that “hydropower plant... requires a lot of time for study and huge funds and the demand increases rapidly” (THT, April 28). Hence how the CPN-Maoist mobilises the funds to achieve this is a million dollar question. Nitish Kumar, the Chief Minister of Bihar, hazarded a reply. In his inaugural speech at the Patna meeting, he said, “If water resources of the two countries are properly harnessed, the economy of Nepal will increase manifold as Nepal has the potential to produce about 85,000 MW hydel energy which it could sell to India.

Indeed Nepal has a large number of sites for development of hydropower, but unfortunately only about 1% has been exploited so far. If total potentiality is harnessed, in addition to meeting domestic demand, a certain percentage of Indian demand could be met. It could benefit India and Bangladesh in terms of augmenting the lean season flow of the Ganges, flood control and irrigation benefits as Nepal has plenty of sites for storage projects. This was accepted by Jairam Ramesh, Union Minister of State for Commerce during the meeting at Patna. He said that “even within the SAARC there was a need for a mechanism to facilitate sub-regional interactions between States as Bihar and Uttar Pradesh with Nepal and the northeast with Bangladesh”.

Not to mention more than 150 years of official relationship with India in water resources, there is a history of over 40 years of power cooperation. The cooperation in this sub sector is not only at the government level and but also between private sector and Indian government agencies. There is an agreement of exchange of power, although Nepal’s request for increasing the quantum to 150 from current 50 MW to which India has agreed in principle, is yet to materialise.

There are agreements between the two countries for development of about 6,740 MW Nepal’s entitlement of 50 % of Pancheswor’s 6,480 MW+Saptakosi High Dam’s 3,500 MW) hydroelectricity. A license for development of 750 MW West Seti project — identified purely as an export-oriented, is with Snowy Mountain Engineering Company of Australia. The Indian government and private agencies have bagged the license for two projects with a capacity of 702 MW (402 MW Arun 3 and 300 MW Upper Karnali). It is reported that survey licenses for another 3,500 MW are to be awarded to Indian firms. Also, applications for 26,000 MW are with the Department of Electricity, most from Indian firms. If that is true, India will have control over most of economically feasible projects (42,792 MW out of 43,000 MW).

However, when actual facts and figures are considered, it is hard to believe that the level of cooperation between the two countries is so meagre. During a period of 16 years (1990 to 2006), the export from Nepal was 1,546 million units. The import was 2,659 million units (Pun, 2008). Likewise in the fiscal year between July 2005-06, according to NEA, the export from Nepal was 98,416,000 units, whereas the import was 272,880,380 units. Also, Nepal’s request for additional 40 MW to meet the current (April-May, 2008) load shedding has been under negotiation. In addition the Mahakali Treaty of 1996 is in a state of coma. The study on Saptakosi is hanging in the air. The West Seti, despite more than 10 years of existence, is yet to take off the ground.

Several Indian experts said that India can meet her energy demands from other sources but for water she does not have any alternative. This, according to an IIM/Kolkotta professor, should be understood by Nepal while developing her water resources. I agree. Nepal and India need to collaborate in water resources, but Nepal should not be swayed by rosy scenarios. And it should postpone major decisions on water resources until the next general election, because during the upcoming constitution-making debate, this issue is likely to figure prominently.
Dhungel is senior researcher with IIDS
Published in the Himalyan Times daily, May 14, 2008

Social mobilisation Empowering citizens and electorate

Dwarika N Dhungel
Nepalis should be motivated to demand a real say in the nation building process.One of the positive contributions of Jana Andolan II is the agreement among all political actors, including the SPA, CPN-Maoist and civil actors, on having a new constitution drafted by the people through their representatives elected to the Constituent Assembly (CA).Despite the confusing messages coming from the ongoing peace process, the government is trying to give the impression that it is preparing for CA polls by May/June 2007. But if untoward incidents do not occur in the days to come and the political actors behave sensibly and maturely, the country could have the CA polls between May/June and September/October 2007. The Nepalis, for the first time after the overthrow of the Rana regime in 1951, may have an opportunity to participate in the constitution-making process.In the context of the difference among rural and urban areas and members of different sections of society, especially the marginalised and the disadvantaged from the perspectives of various indices, one could imagine how far members of these sections and those in rural and far-flung areas realise the need for not missing the opportunity of participating in the CA polls. But the CA, although its composition and election process are still hazy, has become the buzzword in political discourse.Nepal had tried democracies twice in the past — first time in the 1950s when the Rana oligarchy was overthrown and the next time after the overthrow of the three decade-old Panchayat system in 1990 — and failed to sustain it on both occasions. Once again Nepalis have a chance to devise a system that is sustainable and have the ownership of all the deprived and marginalised sections. This opportunity should not be lost. This is possible when all the sections of society understand the importance of participating in CA polls and in the entire constitution-making process.The mere declaration by major political and civil actors to go for CA to frame a new constitution does not guarantee neither free and fair elections nor the participation of different sections such as women, caste/ethnic groups, and Dalits. The electorate has to be assured of free and fair elections for which necessary environment will have to be created. Further, they need to be made aware of the importance of the elections to this vital body and motivate them to participate in it. There is a need for social mobilisation of the citizens and electorate for the CA polls and in the constitution-making process.No doubt a number of parties are trying to offer political education to their cadres which is insufficient. It is insufficient in the sense that party schools/training courses are guided by a feeling of informing and justifying their policies and programmes to attract voters, highlight the importance of a particular party and criticise others. This is but natural for the party concerned to win over the support of the citizens/electorate to one’s ideology.Therefore, inculcation and promotion of citizenship values, of being responsible members of the state and civil society is equally important. So what is required is citizens/electorate’s empowerment, especially the marginalised and disadvantaged sections to encourage them to participate in the CA election process and to make their claims, demands and express aspirations that they want to be included in the new constitution freely and without the intimidation of any group/s. Women, Dalits, Janajatis and other ethnic minorities have to be made aware about their role, responsibilities and obligations in the CA polls. Furthermore, their optimum participation in the elections to this body and through this body in constitution-making process has to be encouraged. They need to be motivated to assert their rights and demand a real say in the nation building process and the right to participate in the political and public decision-making body during the constitution-making process.In addition to political training by the political parties, a social mobilisation system through a NGO that is apolitical in terms of its affiliation to the ideology of a particular political party with a view to empower the people — specially the marginalised and disadvantaged ones in the CA polls and the making of the new constitution — needs to be established and launched. Towards the establishment and launching of such a system, there has to be a broad coalition and agreement between the major political actors and international community, if they want to have the optimum participation of the citizens/electorate in the process and contribute to devising and establishing a democratic system sustainable for at least 50 to 75 years as the country can no longer have the luxury of changing the constitution every decade or so.Sooner the action is taken by these forces through a discussion with the NGOs that are apolitical, better would be the possibility of a successful handling of the constitution-making process.Dhungel is executive director, IIDS

Published in the Himalayan Times, daily news paper published from Kathmandu on November 3, 2006

Silent Observation of Strange Nepalese Political Drama

Dwarika N. Dhungel*

In response to a call from a friend and against the wish of my family, I came out from my home and went to the main road in Baneshwor on the evening of April 21 in defiance of the curfew imposed by the government headed by King Gyanendra. And for more than one hour I found myself in the midst of see of human waves, most of whom holding tree branches, shouting against the King's rule, calling for his abdication and leaving the country. Despite the fact that the crowd looked exhausted and thirsty, their vigour and zeal seemed to be prepared to face any consequence, even death. As a gesture of solidarity and sympathy, we brought buckets and jars of water for the crowd to help them quench their thirst. At that time, I thought and still think that I was contributing to a cause.

It may be recalled that if that night of April 21 King Gyanendra had not conceded to relinquish his direct rule and made a call to the agitating Seven Party Alliance ( SPA) for the recommendation of name for the post of Prime Minister, the next day the country would probably have had a republican system of government. The King, again, was compelled by the national forces with the support of the international actors to concede more and had to make another proclamation within seventy two hours (April 24) and agree not only to surrender all the powers by reinstating the dissolved House of Representatives (HOR) but also to accept the road map of the agitating SPA for the resolution of on going conflict.

Along with these developments, we have observed the revival of the dissolved House of Representatives, the formation of the SPA Government, ceasefire between the fighting forces, coming of the Maoist leaders over ground, adoption of resolutions by the HoR that brought about fundamental changes in the Constitution of the Kingdom of Nepal 1990, signing of eight points agreement between the SPA and CPN Maoists and formation of the interim constitution drafting committee.

Above all the most important development that took place was humbling King Gyanendra from all powerful monarch to an almost non-entity and persona-non-grata for most of the people. As a result of these fast developments, the country, for all practical purpose, has turned into a republican system with a monarch with practically no functions left to perform. For limited functions, whether Nepal can afford to keep the institution of King is a matter of debate.

As a result of all these developments people of Nepal had expected that the main political actors had learned the lessons from the past and the county was going to have the lasting and sustainable peace since the insurgents had joined the hands with the SPA to solve the country's problem. But the way the SPA is behaving within the House of Representatives and in the cabinet; and the different tunes the leaders are playing show that the left hand does not know what the right hand is doing. Looking at the way the law and order situation is deteriorating day by day and the recent petroleum farce, one really wonders whether there is machinery and a towering personality within the country to row the state towards destination in the current turbulent sea.

Similarly the way the interim constitution drafting committee projected themselves but submitted incomplete work to the SPA and CPN Maoists, one could feel nothing but baffled as to what is happening in the country. Similarly, from the presumably growing difference between the important factions of the SPA and the CPN Maoists, one could ask who is making the other fool. If the palace was still the hindrance to the Loktantra, instead of making noises in the floors of the House, the SPA could have abolished the monarchy and declared the country a republic which would not only satisfy the demands of the Maoists but pave the way for the election to the constituent assembly without much problem.

Likewise, if the CPN Maoists are having second opinion of joining the hands with the SPA or feeling trapped at the hands of the international forces which helped them to enter into an alliance with the seven party alliance, they should have thought twice before joining the hands with the SPA alliance.

At one time we thought that friends of Nepal who wanted King Gyanendra to surrender the power and for this purpose had motivated, helped and blessed the alliance between the SPA and CPN Maoists, would pursue these forces to lead the country to the logical end. But now they too are playing different tunes. So the question arises whether they were really interested to have a sustainable peace in the country.

From all these, it is very difficult to say what Nautanki (Eunuch drama) we are playing at the cost of the people and country. If that was not the case, is it then the curse of the Sati that once again has come as an obstruction to the end of on going conflict and establishment of a sustainable peace. So the big question is 'whether this yarning for sustainable peace by everybody is eluding the people of Nepal once again'.

The end

Kathamandu
August 26, 2006



* Views in this article are the personal views of the author and they have nothing to do with the present position the contributor holds now.

This article has been send to the Himalayan Times ( National News daily of Nepal ) for publication on August 27, 2006

64
Asian Review of Public Administration, Vol. VIII, No. 1 (July-December 1996)
ASIAN REVIEW OF PUBLIC ADMINISTRATION
Organizational Restructuring for Administrative Reform:
The Nepalese Experience
DWARIKA NATH DHUNGEL, Ministry of Water Resources
Nepal
Introduction
THE OPTIMUM SIZE of the civil service very much depends on such factors as type of
functions, volume of work, and kinds of goods and services to be provided by the government.
The prolonged debate about the nature and scope of government functions is sustained by
proponents of a school of thought advocating for limited functions, and another school of
thought calling for the involvement of government in the delivery of basic goods and
services to its people and the performance of traditional functions such as maintenance of
law and order and revenue collection.
Government agencies, especially in the Third World, play important roles in delivering
goods and services to meet the rising aspirations of its populace. But due to various
limitations, the government alone cannot be very effective without involving non-governmental
agencies. The non-government organizations (NGOs) have to gradually share
governmental responsibilities relating to national development.
Like any other government of the Third World, His Majesty’s Government of Nepal
(HMG), in addition to performing traditional functions is heavily involved in the socio-economic
sector and there is hardly any sphere of Nepalese life untouched by the government.
Structurally, the HMG/N is organized into 28 ministries including the Cabinet Secretariat,
Office of the Prime Minister and the Secretariat of the National Planning Commission, 48
executive departments, 108 regional directorates/offices, and 9,203 district and field level
offices, beside other statutory bodies. In addition to the central government, there are local
government bodies comprising 75 District Development Committees (DDC), 36
Municipalities and 3,395 Village Development Committees. These bodies have their own
staff along with the officials deputied by the government.
There are about a hundred thousand permanent employees in the government service,
who are divided into ten service groups excluding the teachers, police, army and those in
parastatal organizations. In addition to these permanent civil servants, a substantial number
of non-permanent officials, whose exact count is still a matter of debate among the concerned
agencies, are working in development sectoral projects in different areas such as agriculture,
health, irrigation, drinking water, etc.
Presently, unlike in the mid-50s when the foundation of modern Nepalese public
administration was laid, local government units, NGOs and private enterprises are also
competing with the government in such areas as trade and commerce, industry and delivery
of goods and services. Local governmental and non-governmental organizations are especially
proving effective in the delivery of health services, education and community development.
This changed situation in every way, calls for review in the scope of government. As such
the 1991 Administrative Reforms Commission (ARC) suggested a new role for the.65 ORGANIZATIONAL RESTRUCTURING FOR ADMINISTRATIVE REFORM IN NEPAL
government and the establishment of a functional bureaucracy. Among other things the
Commission suggested that the government:
• Focus itself toward creating a conducive environment to enable the private sector
and non-government agencies to take more and more functions of the government
and limit itself to the basic infrastructural development for which any government
becomes solely responsible.
• Gradually curtail its involvement in those field of activities in which the private
and non-governmental sectors have acquired specialization; and
• Take appropriate measures to enable the non-governmental sectors to play a bigger
role in economic activities and in the operation of services of various kinds.
The emphasis of the ARC is thus on sharing of functions by the government with non-government
agencies, which will change the former’s role. In such context the government
may have to perform the catalytic role and create an environment so that other actors/
agencies could share some of its functions. Hence in addition to the maintenance of law
and order and management of other regulatory functions, the government has to limit its
function to sectors and areas where other service providers may/would not be interested.
The review of the role and scope of government functions has automatically had
implications for structure and size of the civil service. In order not to adversely effect the
size of those directly involved in service delivery, the ARC further recommended that the
permanent positions in central level agencies (Ministers, Departments, Regional Districts/
Offices) should be downsized by 33 per cent, (i.e. to 12,900 from the existing positions of
19,345). The strategies for achieving this target were:
(1) Review of government functions: functions to be performed by the government
alone; functions to be off loaded to the other agencies through devolution, contractual
arrangement or decontrol/deregulation of government controls;
(2) Amalgamation of offices performing functions of similar nature;
(3) Restructuring the size of government organization through:
• Process simplification;
• Identification and abolition of redundant positions and units within offices; and
• Strengthening of field level offices: decentralization of decision-making authority
from the central secretariat to the field offices.
With regard to the basis for restructuring of field level offices, strategies suggested
were: (i) identification of activities that could be devolved to local elected bodies, community
and non-governmental organizations; (ii) identification of activities that could be transferred
to other agencies through contractual agreement or matters that could be deregulated;
(iii) identification of functions of similar nature to be managed under one umbrella; (iv).66
Asian Review of Public Administration, Vol. VIII, No. 1 (July-December 1996)
ASIAN REVIEW OF PUBLIC ADMINISTRATION
identification of the districts where a district office can provide service to the adjoining
district; and (v) initiation of a system of providing a multi-purpose assistant at the support
staff level.
It was also indicated by the ARC that in delineating the service delivery area, factors
such as population to be served, the geographical situation and transport and communication
network and not the political boundary should be considered.
Restructuring the Nepalese Civil Service
The recommendations of the ARC covered all aspects of the public service, and it was not
possible for the Administrative Reforms Monitoring Committee (ARMC) follow-up body
created for dealing with the recommendations of the ARC to take up everything for
implementation. In view of the priorities fixed by the HMG to streamline the civil service,
the ARMC had to concentrate its activities mainly on the restructuring exercise. In order to
accomplish this objective the government decided on a temporary recruitment freeze to the
permanent positions.
ARMC Technical Teams for Restructuring
Considering the fact that knowledge of job and procedures is necessary to complete the
assignment, the ARMC requested the ministries to constitute departmental committees
consisting of senior ministry officers as its members. The teams were entrusted to review
departmental functions and suggest functions that can be divested, deregulated or
decontrolled. The ministries were provided with two sets of restructuring guidelines prepared
by the ARMC.
The ARMC on its part had constituted six Technical Teams for central level organizations
and four teams for the field level offices to provide the technical support and backstopping
to the ministries in their restructuring exercise.
Organizational restructuring was undertaken as a joint exercise between the ARMC
and the concerned ministry and completed in two phases. In the first phase, the central
level organization; Ministries, Departments, Central Offices and Regional Directorates/
Offices were covered. Offices other than these, i.e. field offices were included in the second
phase. It took nine months (December 1991 to September 1992) to complete the work.
Once the new organizational structure and the corresponding manpower were approved
by the ARMC, the concerned agencies submitted them to the HMG for final approval.
The Cabinet created a Standing Committee consisting of the Secretary of the Ministry
of General Administration as Convenor, and Secretaries of concerned ministries as members.
The Administrative Reforms Monitoring Committee (ARMC) was also created by the cabinet
to facilitate the concerned ministry to make the adjustment if necessary on the proposed
manpower and new organizational structure.
Civil Service Positions After Restructuring
The restructuring exercise resulted in the reduction of permanent positions by 10.04 per
cent of which 4.12 per cent was at the district and field level whereas the rest were.67 ORGANIZATIONAL RESTRUCTURING FOR ADMINISTRATIVE REFORM IN NEPAL
downsized at the central level. Thus the total number of positions approved after the
restructuring was 90,229. When considered from the point of view of specific agency, the
then Ministry of Education, Culture and Social Welfare surrendered the largest number of
positions, i.e. 2,052 posts, of which 2,021 were at the lower levels. Whereas the Ministry of
Forest and Soil Conservation surrendered the lowest number, i.e. 0.28 per cent of the
positions, the Ministry of Agriculture gained by 5.30 per cent.
Although the restructuring exercise abolished a number of units in some ministries,
none of the existing agencies was abolished or amalgamated. A number of new organizations
such as Jails Department, Electricity Development Center, Health Service Department,
Educational Manpower Development Center etc. are the creations of the restructuring work.
Altogether 5,045 positions turned out to be redundant at the end of the restructuring
exercise. Of these, 75 positions were at the gazetted level (i.e. 33 Officers of Class II level
and 42 Officer in Class III level). They mainly belonged to the administrative service.
Among the non-gazetted staff, MUKHIYAS (Non-gazetted Class III) and Bahidars (Non-gazetted
Class IV) to be totally abolished in phases as per the ARC recommendations were
the largely affected. At the levels of non-gazetted classes I and II 1,679 positions turned
out to be redundant, whereas 1,125 positions at the level of the peons and chaukidars were
affected.
A study of four agencies, namely the Cabinet Secretariat (CS), Ministry of Finance
(MOF), Ministry of General Administration (MOGA) and Ministry of Defense (MOD) was
commissioned by the ARMC in 1993 in order to find out the effectiveness of restructuring.
In accordance with its findings there were 6,513 positions in the said agencies at the time
of restructuring but had only 5,520 positions after the exercise indicating that altogether,
993 positions were affected. The detailed breakdown of post reduction in these agencies is
presented in Table 1.
Table 1. Change in Number of Positions in Selected Agencies After Restructuring
Total No. Total No. Difference in
of Positions of Positions Total No.
Agency Before After of Positions % change
Restructuring Restructuring
Cabinet Secretariat (CS) 89 59 30 37.7
Ministry of Defense (MOD) 137 108 29 21.2
Ministry of Finance (MO) 6005 5157 848 14.4
Ministry of Gen. Ad. (MOGA) 282 196 86 30.5
Total 6513 5520 993 15.3
*Adapted from a table in the Financial Analysis of Restructuring in the Government Organization of Nepal, ARMC,
Office of the Prime Minister, Kathmandu. n.d..68
Asian Review of Public Administration, Vol. VIII, No. 1 (July-December 1996)
ASIAN REVIEW OF PUBLIC ADMINISTRATION
Lessons Learned from Restructuring the Bureaucracy
The total number of public positions including those of the civil service, army and police,
teachers and employees of the Civil Service; army and police, teachers and employees of the
corporate sector and temporary positions were about 450,000 which is about 2.2 to 2.8 per
cent of the total population. So taking this fact into consideration, the organizational
restructuring and downsizing exercise coupled with the review of the government functions,
were suggested as a strategy to address overstaffing of the total governmental organization
excluding those in other services such as teachers. As already indicated, the organizational
restructuring exercise has been completed by the Nepalese government. Having been
directly involved in the exercise, this author feels that one could learn the following lessons
from the Nepalese experience:
FACTORS OFF-LOADING GOVERNMENT FUNCTIONS
1. Unprepared Civil Service
With the emergence of other agencies in the field of service delivery, the central government
no longer remains as the only one involved in nation-building activities. However, there is
a general feeling among the government agencies that other agencies are not capable of
planning and managing services efficiently. Government agencies have yet to fully subscribe
to the idea that its counterpart could be equally efficient in managing services. Consequent
to such a feeling, the primary tendency of the government agency at the time of restructuring
was to safeguard its empire and not to loosen its grip on what it already had.
2. Less Cooperative Civil Service
If the organizational restructuring exercise and the review of the departmental functions
had gone hand in hand as anticipated, it would have been easier for the ARMC to identify
functions that got to remain with the government and accordingly determine the positions
required to perform such functions. The task of redefining the role of the government is not
an easy job as compared to designing a new structure. Also the ARMC was under time
constraint (as already indicated elsewhere) to complete the work within a period of nine
months. So as time passed, the review of the departmental functions and the identification
of the functions to be performed by the government got sidelined and the whole attention of
the ARMC got focused on the restructuring work.
3. Lack of sound scientific basis for measuring jobs
The field visit and survey of the volume of work of the concerned agency on a sample or
random basis would have improved the bargaining power of the ARMC with regard to the
type of functions to be performed by the agency concerned and manpower required. It was
anticipated that the new organizational structure and the manpower requirement was widely
discussed within the agency before their presentation to the ARMC. With this in mind the
new structures were discussed and they were recommended to the government for approval..69 ORGANIZATIONAL RESTRUCTURING FOR ADMINISTRATIVE REFORM IN NEPAL
However, after the completion of the work, it was found that in some organizations more
positions than required were recommended, while some agencies were granted less than its
required positions.
4. Limited Technical Knowledge of the Teams
As the restructuring work was initiated by a government agency through the technical
teams constituted mainly from the civil servants, the government agency would naturally
feel reluctant and apprehensive of the technical capacity of such teams to determine its
manpower requirement and organizational structure. Probably, such a feeling might have
encouraged the government agency not to loosen its grip on the type of organizational
structure and the number of positions it required. Hence, based on this experience, one
would think of having independent task forces with professionals as its members and
outside of the government agency for future restructuring exercise.
RIGHTSIZING EXERCISE VIS-A-VIS CREATION OF NEW POSITIONS
Prior to restructuring, it was not very easy to secure the approval of the government for a
new position as the concerned agency had to receive the prior approval of the Ministry of
Finance and Ministry of General Administration respectively. Because of the financial
implication, it was but natural for these ministries not to be too liberal towards the creation
of a new structure. In retrospect, it seems that the agencies were successful in capitalizing
on the limited knowledge of technical teams and lack of pre-developed parameters for
creation of positions. Consequently there was a general feeling that the bargaining strategy
of the agency rather than the actual need became the deciding factor in determining the
new size of the organization and the creation of corresponding required positions.
APPROPRIATE STRATEGIES FOR RIGHTSIZING EXERCISE
Definitely there was a directive for rightsizing the civil servants, (i.e. downsizing by 25 per
cent) within a period of three years. And the process towards the achievement of this target
was clearly indicated by the ARC. From the number of the positions affected, the exercise
could be considered encouraging. But the downsizing exercise in the long run without
proper home work and functions, process/procedures to be simplified etc. in a complementary
manner backed up by the positive political support would not serve the purpose of rightsizing.
Mere increase and decrease of positions in any agency would not serve the purpose. This
was clearly observed during the restructuring exercise. Therefore the exercise undertaken
could be better called the review of the manpower requirement of the government agencies
rather than a real organizational restructuring exercise.
UNFORESEEN CONTINUATION OF REDUNDANT PERSONNEL
As already stated elsewhere, the restructuring work resulted in the redundancy of about
5,000 positions mainly at the lower level. In place of the completely abolished positions,
new positions at the comparatively higher level, i.e. Non-gazetted Class II and I were.70
Asian Review of Public Administration, Vol. VIII, No. 1 (July-December 1996)
ASIAN REVIEW OF PUBLIC ADMINISTRATION
created. As such a problem as to what to do with these officials came up before the
government. Had a redundancy package in the form of severance payment—payment other
than the gratuity of pension, been developed and the redundant staff were laid off, the
problem would have been solved. Instead, the redundants were allowed to continue till
their positions were left vacant caused by retirement or promotion or relocation. Also, no
recruitment freeze was made in the newly created positions. Naturally, the government was
obliged to continue payment of salaries and allowances to the redundant staff. Development
of a sense of apathy towards work among the redundant, who also suffered from an inferiority
complex in relation to the other staff, was the other problem. Although, the ARMC wanted
to address this issue by requesting the agencies not to hire for the newly created positions so
long as the redundant were not yet relocated or continued to be in the service, it could not
meet complete success. Ultimately the government had to decide to absorb all the redundant
employees in the agencies where they were working.
STATUS OF THE ARMC
As a result of the ARC’s recommendation, ARMC was first created by the HMG/N in the
office of the Prime Minister for a period of three years to assist the cabinet in the
implementation and monitoring of the ARC’s recommendation. It had a full time Chairman
and Member (both were retired senior civil servants) and the Chief Secretary. It had the
mandate to hire professionals from within and outside the government. From its attachment
to the office of the head of the government and the experience of its office holders, there is
hardly a place to doubt the capacity of the ARMC in managing the reform measures.
However, the experience has been different than what had been anticipated mainly due to
the fact that despite being part of the office of the Prime Minister, the ARMC has not been
able to assert itself as the integral part of said office. Furthermore, as per the Business
Allocation Rules of the government, the responsibility to look after the administrative
reform measures is with the Ministry of General Administration (MOGA). Therefore,
despite the serious efforts made by the MOGA to work in close collaboration with the
ARMC, it was found to be difficult for the government agencies to accept the ARMC as a
part of the office of the Prime Minister and take this agency seriously for reform-related
matters.
Conclusion and Recommendations
Conclusion
During the different periods of the modern Nepalese administration (i.e. since 1951) various
efforts have been made in the field of organizational restructuring. From this perspective,
the effort made by the ARMC can be considered to be the latest one, which has been
undertaken in a concerned and comprehensive manner. But the experience has indicated
that the efforts have not yielded the desirable results. However, as discussed above a
number of lessons could be learned from the Nepalese experience. The organizational
restructuring exercise needs to be considered not as a one-time effort, rather it has to be
carried on at a regular interval..71 ORGANIZATIONAL RESTRUCTURING FOR ADMINISTRATIVE REFORM IN NEPAL
However, the very purpose of the restructuring exercise should be the identification of
the functions to be performed by the government in the light of the functions performed or
can be performed by other agencies. The size of the civil service should be determined
accordingly. Rightsizing rather than downsizing should be the main consideration for
identifying the number of positions required to perform the identified functions.
With regard to rightsizing, the following section discusses specific recommendations
based on the problems encountered during Nepal’s restructuring of its civil service early in
this decade.
Recommendations: What Should Have Been Done?
Based upon the Nepalese experience, the following facts may be taken into consideration as
a total package while undertaking the rightsizing exercise:
1. Identification of the functions to be performed by the government alone and
determination of the actual number of positions required across the board in general
and for the agency in particular;
2. Preparation of the performance indicators for the positions required to perform the
identified functions by the government agencies;
3. Building up of a reliable data base with a clear picture of the different categories
(i.e. permanent, temporary etc.) of civil sevants including the number of positions
at the specific agency in its central as well as field offices;
4. Preparation of a redundancy package for getting rid of the fat and to provide
attraction to the civil servants to leave the service; and
5. Establishment of an agency that has the clout of the highest level political decision-maker
and commands the respect of all public agencies in general and civil servants
in particular in relation to administrative reform matters.

South Asian Association forRegional Cooperation (SAARC): Prospects for Development
Dwarika Dhungel

The South Asian Association for Regional Co-operation (SAARC) has completed two decades of its existence. The heads of states or governments of its member countries, viz. Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka, once again would meet in Dhaka and reaffirm their faith in the organisation and its charter. Considering the political reality within the individual SAARC nations, and especially the relationship between the two biggest members of the association, one could feel satisfied that the association has survived so far. But its movement in terms of achieving the objectives for which it was formed has been slow and it is criticised as a house of cards or a house built on sand, which can fall apart any time. There is a big stress in the interrelationship between neighbours.
Founded with the objectives, among others things, of promoting the welfare of the peoples of south Asia and improving their quality of life; promoting active collaboration and mutual assistance in the economic, social, cultural, technical and scientific fields; and strengthening cooperation among themselves (member countries) on matters of common interests, the association has identified a number of areas of cooperation among its member nations to achieve these objectives.
The areas identified for cooperation among the member nations are: agriculture and rural development; health and population; women, youth and children; environment and forestry; science and technology; and metrology, transport and human resource development. In addition, working groups have been established in the areas of information and communication technology and biotechnology, intellectual property rights, tourism and energy.
Under the auspices of the association, various regional centres covering agriculture, tuberculosis, documentation, meteorological research and human resource development are working from different SAARC capitals. In addition, three new regional centres covering culture, coastal zone management and information are being established. …..

Published in Nepal News. COM

Issue 19 - June, 2006
By: Dr. Dwarika Nath Dhungel
Posted on: 9/13/2005
Challenges after the Ceasefire

By Dr. Dwarika N. Dhungel

It is too early to say whether the curtain of the stage managed drama started in May of this year and continued for almost four months till the recent declaration of the ceasefire by the outlawed Communist Party of Nepal (Moist) on September 3, with the knowledge and support of the power centers in New Delhi, has been completely drawn and what impact it would have in the on going conflict and to the very fluid political situation of the country. Also one will have to wait for some more time to know which of the actors involved in the Nepali politics would be swept away in what manner as the outcome of the drama. Above all how soon it would contribute to the resolution of the on going conflict or help for a long protected war in the country could still be a pre-mature guess.

Of the actors, the only political force that seems to have taken aback by the declaration of the ceasefire is the current establishment, which is directly headed by King Gyanendra. From all the statements that have come and continue to come from and those who are nearer to the current establishment, it is evident that it felt that 'the carpet has been pulled from under its feet'. And as a reaction, the government decided to snub the call of the CPN Maoist rather than converting it as an opportunity of resolving the conflict, despite the fact that all stakeholders within the country--political parties, civil society and people from the different walks of the lives -- welcomed it and expressed that it would contribute to the lasting resolution of the on-going costly and bloody conflict.

The way the government behaved not only further isolated it from the larger section of the society but also put itself in a much more tight ropewalking situation. It has made its position weaker in relation to the other political actors. The manner in which the fast developments is taking in the political front, it would rather be impossible for the government to resist immense public pressure to respond positively to the declaration of unilateral ceasefire. Thus the main challenge before the establishment now is how to salvage itself from growing isolation within the country. Given the type of the persons it has as its political stalwarts and heads of the administration at both the local and central level, including the recent appointment to the position of the head of the civil service, it would not be able to do so.

The political parties have become part of the Nepalese society over time and would continue to remain so in the future. But despite the fact that seven parties had joined hand and formed a coalition against what they call Asoj tantra or Makartantra (referring to the royal takeover first on October 4, 2002 and assumption of the Chair of the Council of Ministers on Feb.1, 2005) and launching peaceful movement against the King's move, they seem to be in a weaker position to mobilise people in their movement. This is because of their inability to openly accept their mistakes committed while they were in the office. Against such a backdrop, the ceasefire as well as willingness on the part of the CPN Maoist to enter into dialogue with the political parties seems to have boosted the morale of the opposition parties. In a statement, spokesperson of the External Affairs Ministry of the Government of India (GOBI) welcomed the announcement of ceasefire by the CPN Maoist and hoped that the Maoists will contribute towards creating an environment in which a peace process can begin. ‘’ The problems of Nepal can only be addressed on a durable basis through a process of dialogue and reconciliation in an atmosphere free from violence and terror,'’ the Indian government said.

Such developments certainly will have impact in containing the ambition of King Gyanendra, who wants to have his own model of parliamentary system of government and constitutional monarchy, which is nothing but his ambition of being a constructive monarch under the façade of the Constitutional Monarchy established in the country.

The political parties’ position vis-à-vis the present establishment, thus seems to have significantly improved and the current ceasefire and willingness on the part of the CPN Maoist to start the talk with the political parties are welcome developments for those who would like to see turning existing tri-polar conflict into bi-polar conflict as a means to solve the conflict. But if the offer of the CPN-Maoist has afforded an opportunity to the political parties to revive their strength in the political landscape of the country, this has also come as a challenge to them. Perhaps the most important challenge before them is assuring the people that they would not make same mistakes once again and assure the general public that they are one block in the real sense and do not wrangle once again if they do come to power.

Once the major political parties, especially the Nepali Congress and CPN/UML have agreed to discard one of the main pillars of the current constitution, the Constitutional Monarchy, and have expressed their willingness to go for the constituent assembly to draft a new constitution the current constitution is for all practical purpose is dead. And the country, once again is going to have a new constitution with the acceptance of the CPN/Maoist. Like other political actors, there are challenges before the CPN Maoist too. They include: assuring the people that they would honor the right of the people, especially their right to participate in the political process in the competitive manner and right to freedom. Above all the main challenge before them is to assure that the territorial integrity of the country would not be compromised in the name of the giving autonomy to the ethnic groups. How the political parties would safeguard or receive guarantees from the CPN Maoist on these matters during their discussions need to be closely watched and monitored. As silencing of their guns during the peace and post peace process would play a very important role in the successful resolution of the conflict, this is another challenge which they will have to handle ultimately.

The way the drama was staged outside the country which culminated into the call of the ceasefire, paved for the possible dialogue between the political parties and CPN/Maoist and succeeded in further isolating the King from the international community shows that the conflict in Nepal no longer remains purely a domestic issue to be sorted out by the national players alone. It has been internationalized. Above all, the major powers have left India to take the lead in the resolution of the conflict. And from the information received from different quarters it has come to fore that major powers and international community were kept informed of what was going on in New Delhi. And from the contents of the statements that came out from the MEA/ GoI and EU, which is now presided over by the UK, it is clear that they have same voice with regard to the resolution of the Nepalese problem and they have allowed MEA/GoI to take the lead in this matter. It could be recalled that because of the historical and other causes, people of Nepal are very sensitive of the attitude and behaviour of the GoI towards Nepal. Whenever Nepal became weak, they capitalised it in the form of the 1950 treaty or sent the draft of a treaty in 1989, which late King Birendra discarded and instead agreed to reach into compromise with the people of Nepal. Nepalis are keen to see whether the international community in the name of helping to resolve the conflict would leave Nepal completely at the mercy of South Block or ensure that her territorial integrity would not be compromised and she would not be forced to sign a treaty that would limit her sovereignty and territorial integrity. Therefore there is a challenge before the international community too, that is to assure that 'by leaving Nepal at the mercy of South Block, they have and would not forget the territorial integrity of the country'. And every conscious Nepali would like to know that the interest of the country has not been sacrificed by the CPN/Maoist while agreeing for the ceasefire and agreeing to start the dialogue with the political parties.
The Maoist insurgency has become a costly matter to the country and there is a need for all the main actors to buzz from their respective stand and agree for give and take for the sake of the people and nation. But none of the actors have buzzed an inch from the respective stand resulting into internationalization of the matter. Now the international community has taken over the responsibility of forcing a resolution to the conflict. Recent ceasefire is the first indication of this. In such a context, for the conscious citizens of the country and civil society, concern should be not who is going to occupy the chair of running the country, but to see that the territorial integrity of the country is not compromised and freedoms enjoyed by the people of Nepal over the years are not sacrificed. Ultimately people's right to accept or reject the future political structure accepted by the political actors through the referendum also needs to be guaranteed.

Nepal has never been in such a critical threshold as she is now since she started taking present shape since the time of late King Prithivi Naryan Shah. She is no longer in a position to sustain the on going conflict. The call for ceasefire and dialogue between the actors were already overdue. So it was natural for the Nepalese people to welcome the call for ceasefire and wish that the establishment, too, would welcome it.
From all indications, it is evident that the international community, especially the southern neighbour would be playing more aggressive role in the resolution of the conflict. In the given situation, no doubt each of the actors is left to face a number of challenges. If one can't face the challenge, either it would go to the oblivion as a part of the history or face any consequences imposed on it.

Published in Nepalnews.com

ARTICLES PUBLISHED IN NEPAL MONITOR.COM

Debating Constituent Assembly

The question now is how to form a constituent assembly that is fully representative of the social mosaic that is Nepal, writes DWARIKA N DHUNGEL. A serious public debate on this topic must begin immediately, he argues.

More than five decades ago, King Tribhuvan declared in a message to the nation: ‘’Our wish and decision is that the government of our people will henceforth be carried out according to a democratic constitution prepared by the constituent assembly elected by them…’’

We may doubt today that even the King might have a full understanding of the implications of his announcement. But that was in 1951, and it was from Tribhuvan that many in Nepal heard about the notion of constituent assembly for the first time.

Tribhuvan had delivered that famous address to the nation after the fall of the century-old Rana regime. When the King returned to Kathmandu following the New Delhi accord among the Ranas, the Nepali Congress, and Tribhuvan, he helped write promulgate an interim constitution, which paved a way for the constitution assembly.
But Tribhuvan’s promise never materialized. None of the subsequent kings, neither Mahendra nor Birendra, gave the opportunity to the people to directly select their representatives to frame the constitution. Rather, they avoided the election to the constituent assembly and promulgated constitutions written and drafted by the committees formed by these kings, not via popular votes. Therefore, three of the four constitutions, especially that of the Interim Government of Nepal 1951, Constitution of the Kingdom of Nepal 1959 and the Constitution of the Kingdom of Nepal 1990 were nothing but the compromised political documents between the political parties and monarch.

Since the beginning of the Maoists insurgency in 1996, especially after the success of the recent April Revolution leading to the restoration of the dissolved House of Representatives (HoR), the constituent assembly has re-emerged as a major political agenda. The HoR, through its May 18 resolution formally acknowledged that the country would write a new constitution formulated through a constituent assembly.

To recapitulate, one of the paragraphs of preamble to the HoR declaration reads: With determination to fulfilling the peoples' mandate given by the Nepali people as per the roadmap of the seven political parties and the 12-point understanding between the seven political parties and the CPN-Maoist in the peaceful joint people's movement to restore a inclusive state by restructuring the state by formulating new constitution and to restore sustainable peace through democracy, and constituent assembly.

Thus the recent developments in the country, i.e. the resolutions of the HoR and the recent signing of the eight-point agreement between the ruling seven party alliance and the Communist Party of Nepal (Maoists) have made constituent assembly inevitable for Nepal. Today, the Nepali society in general accepts the need for a new constitution drafted and written by the constituent assembly as a political necessity.

The question now is how to form a constituent assembly that is fully representative of the social mosaic that is Nepal.

Sorting Out ProceduresAn ideal constituent assembly is one that represents all sections of society—social and economic classes, ethnicities, geographic regions, etc. The present constituencies, drawn on the basis of population of districts, are not inclusive in terms of minorities as well as regional and ethnic identities or economic classes.

Thus, we must ask: Should the present constituencies continue to serve as the basis for representation of the people or should we draw new territorial basis? Similarly, how to represent the underdeveloped regions of the country, such as the Karnali Zone, which, after centuries of neglect from the Kathmandu, is seeking the right to self-determination?

The other critical issue is inclusiveness. In what manner should the different sections of the society (such as gender, ethnic groups and dalits, and religions) be included in the constituent assembly?
For example, how to represent the Madhesis, the dwellers in the Terai, the southern plains? Sure, we may contest the idea of Madhesis. For some it is merely a citizen living in the southern plains—be it Bahun, Chhetris/Thakuris/Ranas and Newars. For others, it is an exclusive category— people who own large swaths of land and who are known as jamindars (landowners). Yet others may see them as migrants and settlers strictly from India. Many of these people are in a condition of statelessness and lack citizenship certificates.
The exact number of such people could be a subject of debate as some claim it runs into 4 million. The Nepal Sadbhavna Party (NSP), one of the Seven Parties Alliance (SPA) and the part of the present government has raised this issue repeatedly. Now another body, Madesh Mukti Morchha (Madesh Liberation Front) has emerged to take up the cause of this area. The 18th May resolution of the House of Representatives (HoR) did take note of this issue. But the question remains how it will be resolved.

There are several views on the issue of representation in the constituent assembly. One school of thought is that political parties should be allowed to represent both the territories and different sections of the society on the basis of a proportional system. For this purpose, it is suggested, the parties should decide in advance how much percentage they would allocate for the territorial representation and for the different sections of the society. In addition, they should prepare a list of those who would be representing territory and different sections of the society. Based on the total votes obtained, the parties field their candidates for both types of representation on the basis of priority given in the list.

There is yet another school of thought that wants to represent the different sections of the society on the basis of collegiate representation system and also the representation of the territory. This means that from the total number of seats in the constituent assembly, certain percentage be allocated for the different sections of the society. And the voters of the respective groups should select representatives of each section. Whereas, the voters of the specified territory would send their representatives on the basis adult franchise.
In the case of women, both constituencies may be opted. Some gender activists have said they would like to caste their votes for both territorial and sectional constituencies. Similarly, the people of Karnali zone (according to those who are making the cause of this zone) would like to have a few seats reserved in the constituent assembly for their area and they would like to decide whom they would like to send as their representatives.
In order to address these issues, there is a need for a nationwide debate. Some sort of formula has to be worked out based on such debates.

So far the political parties that are now in power have not initiated any formal debate on the topic. They have neither begun a serious dialogue with the different sections of the society, civil society and research and academic institutions nor do they seem to have formally (based on my knowledge) asked these bodies to come up with concrete suggestions on these matters.

I have personally talked about this issue to some knowledgeable persons. None of the insiders thinks that the parties represented in the government or the Maoists have the blue prints on the composition of the proposed constituent assembly.

Eventually, there is every possibility that the expatriates would come and make the recommendation to the government as to how a constituent assembly be constituted without much involvement of the local knowledge and expertise. That may help in the short term, but for democracy to truly flourish, we must find our own answers to our own problems, through open debates and involvement.

Another is the issue of constitution writing process. This has to be clearly spelt out by the concerned actors. What are the procedures the constituent assembly would adopt in writing a new constitution? Who will draft the constitution? Would a drafting committee be formed among the constituent assembly members? Or a committee of experts is formed to write the draft? Similarly, the other issue to be sorted out is: Who will propose and who will approve the final version? In these regards, we need to study the models adopted by the different countries, such as United States of America, India, South Africa etc. and develop our own model suitable for the country, based on its geography and socio-economic mosaic.

It would be desirable on the part of the SPA and the CPN Maoists to solicit ideas from experts in the academia and other areas. They should make a request to the experts to look into all the available models from the perspective of their strengths and weakness and make appropriate recommendations. Also they must take other civil society actors into confidence and urge these people to come up with different alternatives. Whatever model is adopted, the assembly could also perform the functions of an interim parliament.

A Bad Precedence
The procedural issues have already raised serious questions as to the motives and methods of the Seven Party Alliance and the government. The obvious question is: Does the restored parliament have the powers to make declarations even before the constituent assembly elections? The April revolution concluded with a clear understanding that the country would move towards sustainable peace on the basis of the road map of the SPA and their 12- point understanding with the CPN Maoists. One of the elements of the roadmaps and understandings was to go to the constituent assembly and draft a new constitution.

But we all know what happened. Another bad precedence has been set up. The current government as well as the restored HoR, in the name of being the supreme body, pre-empted the power of the constituent assembly, by making the declaration on May 18. The resolutions have already converted the monarchy into a ceremonial monarch. The country has already been declared as a secular state. National political leaders seem to think what they say is what matters in Nepal. For instance, Prime Minister Girija Prasad Koirala suggested in his press-meet on June 14, 2006 in his hometown Biratnagar that the country would continue to have the ceremonial monarch. That may be his personal view. But decisions on such fundamentals must be left to the people to decide. In other words, the SPA and Maoists must have allowed the constituent assembly to decide the future shape of the country's political structure, including the nature of the state-- republican or monarchical, unitary or federal, religious or secular, etc.

Since several monumental changes have already been announced and the government and the HoR are doing homework to operationalize and institutionalize the resolutions and pronouncements, one could ask whether like in South Africa, these declarations will serve as basic principles on the basis of which the constitution assembly would prepare a new constitution for the country.

If so, then the government should have discussed these matters with all who participated in the recently concluded revolution, including the Maoists. And only with their consent, the HoR should have adopted the resolutions, which, then, could have served as guiding principles for drafting the new constitution.
As a result of all these developments, we can say that there are more confusions than clarity with regard to the composition and decision-making structure of the constituent assembly. Without resolving these issues, the country will not have a smooth sailing in the process of constituent assembly elections and the framing of the new constitution. For that to happen, a serious public debate on these topics must begin immediately.

Dwarika N. Dhungel, Ph.D., is the Executive Director of the Institute for Integrated Development Studies (IIDS), a Kathamndu-based think tank institute. He can be reached at pdhungel@mos.com.np
Published in Nepal Monitor on June 22, 2006

Beyond Monarchical Republic
To end the present environment of political uncertainty, caused by de-facto and de-jure rulers, and a monarchical republican system, the peace deal between the government and the CPN/Maoists should take place and constituent assembly process must start immediately, writes DWARIKA N. DHUNGEL.

Nepal’s politics has taken such a turn today that is difficult to distinguish what type of government we have in power in the country. What is going to happen next, now that the seven political parties’ alliance (SPA), with their leader G.P. Koirala as Prime Minister, enjoys the power of the dejure ruler, whereas the Maoists have emerged as the de-facto rulers, and monarchy is in a state of almost non-existence?
The restored House of Representatives has partially annulled the 1990 Constitution. The HoR has done that without amending the Constitution or replacing it through the promulgation of an Interim Government Act of Nepal 2006.

History will judge whether the HoR’s declaration was legal or not. But the fact remains that the country is now being ruled by an all powerful government on the basis of the two fundamental laws, a partially dead constitution of 1990 and the recently made (May 17) proclamation of the House of Representatives (HoR).

The result is that the country currently has a monarchical republican system of government with the ultimate power being exercised by the government headed by Prime Minister. We are also witnessing the open movement of CPN Maoists. Their Janasena (People's army) have come out in the open, with their guns. We see them in mass rallies, including the recently held (June 1 mass rally at Kathmandu), providing security to their leaders. Their indirect participation in running the administration of the country is also apparent. Furthermore, they have expressed their willingness to sit down with the government for a peace talk, and the latest talk concluded a week ago. If the present political course remains steady, there will soon be a new constitution drafted by a constituent assembly elected by the people.

Political actors have begun to assert their legitimacy, and more importantly, power, as massive structural changes in the Nepali society seem all the more promising. As mentioned above, the SPA and the Maoists are running the country in their own ways. The difference between the two is that one of them is back inside Singha Durbar—the seat of government in the country, and the other has come out of the jungles to openly assemble at Tundikhel, the open place, where rallies are held at the heart of Kathmandu. But the Maoists are still not the part of the government, formally.

Another difference is that the SPA, who led the 19 days movements with the support of the CPN Maoists against the rule of King Gyanendra, is represented in the restored in the HoR. But the CPN Maoists are still not the part of the HOR. Nonetheless, the government is not in a position to manage the affairs of the state without consulting the Maoists.

This was an unthinkable political equation only a few months ago.
Clearly, the country, at present, is in a state of transition and fluidity. The situation is so uncertain that anything can happen. Even a small mistake or a misstep of the government of the SPA alliance or the CPN Maoists can wreak havoc in the country. The turn of events could be much more serious (than in the past) in terms of the loss of lives and property.

Internal feuds are still a problem. Indeed, on the basis of behaviors within the SPA, especially with specific reference to distribution of positions, i.e. demand for ministerial positions by the alliance members of the SPA, the difference of opinion among them for the restoration of the local bodies and the opinion difference observed during the election to the Speaker of the HoR, one could say that some cracks have already cropped up in their relationships. In deed, the political parties have not learned from their past mistakes.

Some differences seem to have already cropped up in the relations between the SPA and the CPN Maoists, too. They have voiced differing opinions on the dissolution of the HoR, the convening of a national conference with the participation of the different stakeholders, the scrapping of the present partially dead constitution of 1990, the drafting of an interim government act of Nepal, and the formation of an interim government with the participation of the CPN Maoists. It would be interesting to see how much the SPA-led government would be able to resist the demand of the CPN Maoists, without whose massive support, the 19-day movement could not have been successful.

The public may give them some time so that they could work together to solve the ongoing conflict and establish sustainable peace in the country. The government and the political parties as well as the Maoists would succeed in these endeavors only when they realize that they need each other and that they are not going to get another chance if they miss the present opportunity. The success of the 19-day April revolution (also called Rhododendron revolution, for the revolutionary red color of the national flower) and the May 17 proclamation of the HoR has led to the elimination of the feudal past. In fact, the movement is symbolic of the culmination of the all efforts made so far to get rid of the autocratic regimes (Rana autocracy and Shah Autocracy) and the feudal structure of the country. This is a historic opportunity for the political leadership. So, the SPA and CPN Maoists should find a common ground to work through their differences.

The recent signing of the code of conducts between the government and the Maoists, prescribing norms of behavior among them and towards the people, is one of the steps toward finding a common ground. For all practical purpose, people had the difficulty to move within and across districts due to the existence of two regimes. The government-controlled areas were limited to district headquarters. The CPN Maoists controlled mainly the rural and far-flung areas. The code of conduct would help to ease movement of the essential services, such foods, medicines, construction materials within districts and rural areas without obstructions.

There is a section of the society which feels that the government and the CPN Maoists should fist of all signed the ceasefire agreement and then only signed the code of conducts. However, their willingness to have such a provision in the document is a welcome sign.

What is now required is that they honor their commitments. But we will have to wait till the formation of the monitoring committee to find out whether the government has been successful in implementing the code of conducts, and whether the lives of the people living in the far flung areas has improved as well as the unhindered flow of essential goods ensured.

Another welcome step is the willingness shown by both the government and the Maoists to involve the United Nations in monitoring the peace process. Interestingly, to involve UN, as the Kathmandu Post newspaper reported recently (May 30, 2006) the government had to get the green signal of New Delhi along with the approval of the CPN Maoists.

The important challenge before the government is to successfully lead the country towards the formation of the constituent assembly for drafting a new constitution and to make this body inclusive. It has to be inclusive in terms of the representation of the different sections of the society and regions. In addition, there is a need to delineate its working procedure and the adoption process of the new constitution. These should be the subjects of national debate, along with the attention of the government to start a serious dialogue with CPN Maoists.
Drafting a good and lasting constitution requires forethought and foresight. It may be recalled that the 1990 constitution, based on the principles of multiparty parliamentary system of government with a constitutional monarch, was widely regarded as one of the world’s best democratic constitutions. But over the time, it became clear that it failed to reflect the socio-cultural mosaic of the country as well as its geographical regions of the country. Ultimately, even its framers and proponents began to think it was far from perfect. Needless to say, the 1990 constitution today is almost a dead document. The affairs of the country are partly managed only by some of its provisions.

Professionals have already begun discussions on the provisions needed for an inclusive constituent assembly, one that satisfies the demands of the different sections of the society and regions of the country. So far, the government has not started any discussion with professionals on these matters. Likewise, the SPA is yet to come up with a position paper on these subjects.

The future of the present monarchy has to be decided by the people during the election for the constituent assembly. The CPN Maoists remain adamant on a People's Republic. But for the time being, they insist they agree on a Democratic Republic. The question now is, how should, and how will the CPN Maoists respond should the people, via the constituent assembly elections, choose to retain monarchy? History is replete with examples that revolutionary elements have rarely embraced the outcome of such elections.
Similarly, the SPA, through parliamentary declaration, has already established a Monarchial republican system (or republican system with a powerless monarchy). So, in this context, the challenge before the current government, as it leads the country, hopefully, to the point of election to the constituent assembly with support from the Maoists, is to ensure to the people that they will have the opportunity to express their views on Monarchy without any fear and coercion.

Another major issue to be addressed is citizenship. This remains a thorny issue in the country, especially for many Terai Basis, people living in the Terai area (the inhabitants of the southern plains). Many of these people have a strong feeling that successive governments have ignored this major national issue: millions of people living in this area for ages do not have citizenship certificates. As a consequence, they are deprived of many benefits that come with citizenship, including the exercise of political rights. This issue has been raised times and again, with no results so far. Therefore, the representation of the Terai population in the proposed constituent assembly would be a critical issue. The government needs to address this issue before the election to the constituent assembly. The government’s approach to this issue and its resolution will have profound implications to the national politics.
An environment of fear and intimidation does not guarantee a free and fair election process. Such an election process pre-supposes the management of guns of the warring factions. We will have to wait and see how far and in what manner the UN blue helmets, if they are really called upon, would be able to manage the guns of warring factions and provide a sense of security and fearlessness during the whole election process to the constituent assembly.

Many citizens in the country, especially in the Karnali regions in the mid-western hills, the far western development regions as well as members of the indigenous groups, other disadvantaged sections of the society and dalits, are yet to feel that they are part of the Nepali nation. They still remain marginalised. Hence the issue of inclusiveness is one of the concerns raised by the leaders during the recent movement and CPN Maoists. Their participation in the total constitution making process can't be overlooked.

Nepal is at a crossroad as never before, since the beginning of its modern history in the mid-18th century. The country’s well-being, peace and progress depends upon how the major actors, especially the SPA the CPN Maoists will behave in the national political scene in the days to come. And if they fail this time, they will not be pardoned by the people.

To conclude, for the above to happen, and for the end of the present environment of political uncertainty, caused by de-facto and de-jure rulers and a monarchical republican system, the peace talk process between the CPN Maoists and the government should continue, and they must sign an accord. They should also work with different stakeholders in the process of constituent assembly elections, with no further loss of time. Only a smooth transition can guarantee a stable and sustained peace process in the country.
Published in Nepal Monitor : June 4, 2006

Constituent assembly in Nepal: Representation and Decision Making Process

Dwarika N. Dhungel

The context

People of Nepal had for the first time heard the notion of the constituent assembly as a constitution drafting mechanism in 1951 when Late King Tribhuwan Bir Bikram Shah Dev, had delivered the address to the nation after the fall of century old Rana regime. But none of the three Kings including Tribhuwan, i.e. from Grand father King Tribhuwan to his grand son Birendra gave the opportunity to the people the right to select their representatives to frame the constitution. Rather they avoided the election to the constituent assembly and the two kings, Mahendra and Birendra gave the constitutions drafted by the committees formed by them in consultation with and consent of the political parties, especially in relation to the constitution of the kingdom of Nepal 1990.

Along with the beginning of the Maoists insurgency in 1996, constituent assembly once again emerged as a major political agenda and it is now being accepted by the Nepalese society at large and in particular the major two actors, the Nepali Congress and the Communist Party of Nepal: United Marxist and Leninist, who were involved and participated in the drafting of the partially alive 1990 constitution along with the members of seven party alliance that had raised and successfully launched the April 2006 Revolution against King Gyanendra's direct rule.

The success of the Revolution led to the restoration of dissolved House of Representatives (HoR), which through its May 18 resolution formally acknowledged that the country would, most likely unless un towards incidents happen, have a new constitution formulated through a constituent assembly for restoring sustainable peace. In one of its paragraphs of the declarations' preamble it is stated that

With determination to fulfilling the peoples' mandate given by the Nepali people as per the roadmap of the seven political parties and the 12-point understanding between the seven political parties and the CPN-Maoist in the peaceful joint people's movement to restore a inclusive state by restructuring the state by formulating new constitution and to restore sustainable peace through democracy, and constituent assembly

Representation of Different Regions and Sections

In the light of all theses, the country is now set to have a new constitution through a constituent assembly. And there is demand from all quarters that it should reflect the social mosaic of the country in terms of its composition. In other words, there is a demand for the representation of the all regions (geographical) and sections of the society in the constituent assembly. So the questions now required to address are: whether the present constituency could serve as the basis for representation of or new territorial basis is drawn?

Similarly, how and what manner the underdeveloped regions of the country, such as the Karnali Zone, which because of the century long neglect from the Singh durbar-- the seat of power is demanding the right to self determination, could be represented.

The other issue without whose satisfactory resolution the country might heavily bleed once again is the manner through which representation of the different sections of the society, gender, ethnic groups and dalits and religion would be made in the constituent assembly. In this regard there are however, several thoughts abut this matter. One school of thought is that political parties seeking election to this body should declare in their manifestos about how much percentage they would allocate for the territorial representation and how much for the different sections of the society. And they should be allowed to seek the election as a party and based on the percentage of votes received they would send the representatives to the assembly on the basis of what they have proposed in the election manifestos. However, those who do not subscribe this view would like to see the political parties making the list known before the election and based on the percentage of votes received they should select the candidates from the list published, i.e according to the listing order, on the basis of their agreed formula of proportional representation. There is another school of thought which want that the different sections of the society be represented on the basis of collegiate representation system. So there is a need to sort out this issue.

In order to address these issues, there is a need for a nation wide debate and based on such debates some sort of formula has to be worked out. The size and election to the constituent assembly would depend upon the resolution of these issues. So far the political parties that are now in power have neither began a serious dialogue with the different sections of the society, civil society and research and academic institutions nor seem to have formally (based on my knowledge) asked these bodies to come up with concrete suggestions on these matters.

When discussed with the knowledgeable persons whether the parties represented in the government or the Communist Party of Nepal Maoists has the blue prints on the composition of the proposed constituent assembly, the answer was ' I don't think that they have such blueprints'. Eventually there is every possibility that the expatriates would come and make the recommendation to the government as to how a constituent assembly be constituted without much involvement of the local knowledge and expertise.

Tarai Representation

Of the three geographical regions, Tarai has remained an important area for various reasons. One of them is for its Jamindaris (main source of income from land) of so-called aristocratic families or feudals, mainly those of Bahun, Chhetris/Thakuris/Ranas and Newars. Related is for being the pull factor for the migrants from within and outside the country to come to this area, clear the forest, settle and start farming in the cleared areas.

According to those who are championing the cause of this area, who call themselves Madeshis and the area as Madesh, a large number of such settlers, especially those of the Medhesi stock, other than those migrated from the hills are still in a condition of statelessness due to the lack of citizenship certificate. It may be recalled that during the planting and harvesting seasons of the crops thousands of workers from across the international borders came to Tarai as wage earners and most of them never returned to their native places.

The exact number of such people could be a subject of debate as some claim it runs into 4 million. But the fact remains that this is a problem requiring resolution and in absence of which within a family one would find citizens and non-citizens. Furthermore, those who are poor and have no asset of their own as this contributor itself, for example, has seen and observed in the district of Kapilvastu are being denied of benefits which citizens of the country could avail of. The Nepal Sadbhavna Party (NSP) one of the Seven Parties Alliance (SPA) and the part of the present government has raised this issue loudly. Now another body, Madesh Mukti Morchha (Madesh Liberation Front) has emerged to take up the cause of this area. The 18th May resolution of the House of Representatives (HoR) has does take note of this issue. How this issue would be tackled by the present government and in what manner it would take the CPN Maoists into confidence with regard to this matter is not yet clear. But, unless Madeshi problem, especially that of the citizenship, is dwelt upon before the election to the constituent assembly another revolution may start from this area. Also the issue is so sensitive that needed to be properly and carefully handled.

Constitution Making Process

What procedure the constituent assembly would adopt in the whole process of constitution making is yet to be clearly spelt out by the concerned actors to its stakeholders. Whether it would constitute a drafting committee from among its members or constitute a drafting committee from among the experts and discuss what is proposed and approve for final adoption. In either case the assembly could perform the functions of the Interim parliament. Each of these alternatives has to be weighed from the points of view of merits and demerits. Since a number of persons from the academia and other fields have their own started thinking about these things, there was a need on the part of the major political actors, especially the SPA and government and the CPN Maoists should taken other actors into confidence and made a request to these people to come up with different alternatives including the merits and demerits of each of the alternatives suggested.

Conditional or Non-conditional Election to the Constituent assembly

From all the indications, if no behind the scene deal had been struck among the conflicting parties before the April 24 speech of King Gynendra, April revolution concluded with a clear understanding that the country would move to-wards the sustainable peace on the basis of the road map of the seven party alliance (SPA) and their twelve points understanding with the CPN Maoists. One of the elements of the roadmaps and understandings was to go to the constituent assembly and draft a new constitution. This mean to allow this body to decide the future shape of the country's political structure including the nature of the state, republican or with monarchy, the unitary or federal, religious or non religious etc. And in order to ensure the free and fair election to this body, there has to be some sort of representation including those of the CPN Maoists and other political actors in the government and management of the arms of the rebels and clear delineation of the responsibility of the government army during the whole election and constitution making process.

If these were to be assumed as the natural process for the new constitution making process through constituent assembly, then neither the current government nor the restored HoR in the name of being the supreme body could pre-empt the power of the constituent assembly. Nor in relation to the proposed constituent assembly, the restored HoR could not declare itself as supreme body since many sections of the society who contributed during the April revolution are not represented in it.

Similarly, if one believes in rule of law, the fundamental law of the land could not be partially annulled by the resolution of the HoR. Some other ways, such as the drafting and promulgation of an interim government act 2006 should have been found out and the country's future political set up should have been left to the constituent assembly to decide. But the HoR came up with a resolution that is tantamount to the constitution of the country and declared the monarchy as a ceremonial monarch and has gone to the extent of making this institution totally useless institution but interestingly have agreed to bear its living other expenses without allowing the people to express their views to decide whether or not this institution to stay. Similarly, the country has been declared as a secular country and free from untouchability.

But the Prime Minister G.P. Koirala, based on his press meeting of June 14, 2006 in his hometown Biratnagar, has gone to the extent of indicating that the country would continue to have the ceremonial monarch. These are the fundamentals, which people should have been left free to decide. Since these have already announced and the government and the HoR are doing homework to operationalise and institutionalise the resolutions and pronouncements, one could ask whether like in South Africa, these are basic principles on the basis of which the constitution assembly would prepare a new constitution for the country. If so, then the government should have discussed these matters with all those who participated in the recently concluded revolution including the Maoists and only with their consent the resolutions of the HoR and explanation of the Prime Minister Koirala, whether people may or not like it, could have served as basic principles or guiding principles for drafting the new constitution.

As a result of all these developments, one could say there are more confusions than clarity with regard to the composition and decision making structure of the constituent assembly, without getting rid of all these the country will not have smooth sailing with regard to the election to the constituent assembly and drafting of the new constitution. But to an utter surprise or frustration to many the government and leaders of the SPA and to a certain extent the CPN Maoists are yet to be serious in all the matters related to constituent assembly and drafting of a new constitution.

The end

Kathmandu
June 15, 2006

This article has been send to Nepal Monitor. Com for publication.

April/Rhododendron Revolution: Challenges and Opportunities for Nepal

Dwarika N. Dhungel

Partial annulling of the Constitution of the Kingdom of Nepal 1990 without its amendment or its replacement through the promulgation of an Interim Government Act of Nepal 2006 by a proclamation of the restored House of Representatives (HoR) was legal or not would now be judged by the history. But the fact remains that country is now being ruled by an all powerful government on the basis of the two fundamental laws, partially dead constitution of 1990 and the recently made (May 17) proclamation of the House of Representatives (HoR). She has a monarchical republican system of government; is witnessing the open movement of CPN Maoists Janasena (People's army) with their guns and which is openly providing security to their mass rallies and their indirect participation in running the administration of the country. Furthermore, they are willingness to sit down with the government for a peace talk; and the country would have, most probably if nothing un- expected developments take place, a new constitution drafted by a constituent assembly elected by the people.

As a result of all these developments, it is very difficult to distinguish between the de-facto and de-jure rulers in the country. Both, for all practical purpose, are running the country. The only difference between the two is that the seven party alliance (SPA), that had raised the 19 days movements with the support of the CPN Maoists against the rule of the King Gyanendra is represented in the restored in the HoR and in the government headed by Prime Minister G.P. Koiarala. But the CPN Maoists are still not the part of these arrangements. But without consulting this force, the government is not in a position to manage the affairs of the state.

The country at present is in a state of transition and from all perspectives in a state of fluidity. The situation is so fluid that anything can happen and the country's situation could be much more serious in terms of the loss of lives and property than what happened in the past, if government of the seven party alliance and the CPN Maoists make a small mistake. Indeed on the basis of the behaviors within the SPA especially with specific reference to distribution of positions and with the CPN Maoists, one could say that some cracks have already cropped up in their relationships. And one could think that the political parties have not learnt from their past mistakes. But the people are also willing to give them some time and would like to see that they do not create the problem to each and other and not miss the opportunity given to them to solve the ongoing conflict and establish sustainable peace in the country. They would succeed in these endevours only when they realise that they are not going to get another opportunity.

Because of the fact that the success of 19 days April/Rhododendron and adoption of May 17 proclamation of the HoR, in the annals of the political history of the country could be considered as the culmination of the all efforts made so far to get rid of the autocratic regimes (Rana autocracy and Shah Autocracy) and the feudal structure of the country, the people of the country would not like to see that the SPA and CPN Maoists do not create the problem to each and other and not miss the opportunity given to them to solve the ongoing conflict and establish sustainable peace in the country. They would succeed in these endevours only when they realise that they are not going to get another opportunity and allow the situation of the country to move to –wards its logical conclusion.

For all practical purpose people had the difficulty to move within the district and to other districts or areas due to the existence of two regimes, one that of the Singhdurbar, whose area was limited to district headquarters and that of the CPN Maoists, mainly in the rural and far flung areas. The people were devoid of the basic services. Both these parties have realized this problem and have rightly recognized through the recently singed code of conducts that there was a need to allow the movements of the essential services, services, such foods, medicines etc. and construction materials etc. without obstructions. There is a section of the society which feels that the government and the CPN Maoists should fist of all signed the ceasefire agreement and then only signed the code of conducts. However, their willingness to have such a provision in the document is a welcome sign. What is now required is that they honor their commitments. But we will have to wait till the formation of the monitoring committee to find out whether the government has succeeded to get codes of conducts implemented and the lives of the people living in the far flung areas has become, to some extent easier as a result of the flow of goods of essential nature. With regard to the formation of the monitoring committee, it is interesting, as reported in the Kathmandu Post news daily (May 30, 2006) that the government is willing to request the UN for this job. But as reported in the newspaper, before it could do so, the government had to have the green signal of the government of India along with the approval of the CPN Maoists.

It may be recalled that the constitution of Nepal 1990 that is based upon the principles of the multiparty parliamentary system of government with a constitutional monarch, when promulgated, was considered to be one of the world’s best democratic constitution. But over the time, it became clear that it neither failed to reflect the socio-cultural mosaic of neither the country nor its geographical terrain nor ultimately satisfied its own propounders. Therefore, it is now almost a dead document and the affairs of the country, is partly managed by some of its provisions. The country is going to get a new constitution. But unlike in the past and as already indicated above if nothing unexpected developments take place, the constitution would be prepared by the constituent assembly elected by the representatives of the sovereign people of Nepal. The million dollar question that is yet to be answered with regard to this body is that how it could be made inclusive in terms of its composition – a composition that has to be inclusive in terms of the representation of the different sections of the society and regions. In addition, there was a need to start thinking and working on its working procedure and the adoption process of the new constitution. These should have been the subjects of national dialogue along with the attention of the government to start a serious dialogue with CPN Maoists instead of diverting its attention to other matters that should be left to the constituent assembly to decide. Professionals have already started thinking about these things in their individual capacity or as a member of a professional group. But the government, from all the information neither received, has nether started the homework nor has started discussing with the professional groups and knowledgeable persons. Likewise, the SPA, while launching the movement against the direct rule of the King should have assigned a group of professional or requested research institutions to prepare a paper on these matters, is yet to come up with a position paper, which they should already have for discussions with the CPN Maoists and civil societies and neither other stakeholders without whose consent and concurrence neither the CPN Maoists nor the government would be able to manage the election to the constituent assembly effectively.

Citizenship remains a major thorny issue in the country especially people living in the Taria area. There is a strong feeling among those who represent the interest of this area that there are millions of people living in this area for ages do not have citizenship certificate. As a consequence they are devoid of many benefits due to the citizens of a country including the exercise of political rights. This issue has been raised times and again, with no results so far. Therefore, this would once again, emerge as one of the issues in relation to the representation of the Tarai population in the proposed constituent assembly. The government has to solve this problem before the election to the constituent assembly. How it would be solved will have implications in the national politics.

The CPN Maoists have a clear agenda with regard to the future political structure of the country. They stand for the People's Republic but for the time being; have agreed for the Democratic Republic. For all practical purpose the institution of Monarchy is now dead after the creation of the Monarchial Republican system through the HoR proclamations. Nevertheless, the future of the present monarchial republican system has to be decided by the people during the election for the constituent assembly.

In addition, each of the stakeholders will have to have a free and fair atmosphere in which they could seek the voters support to their agenda. This pre-supposes the management of guns of the warring factions. In this regard, as reported in the news, which has already been referred above, that the government, the CPN Maoists and India have given their nods to seek the support of the UN. We will have to wait and see how far and in what manner the UN blue helmets would be able to manage the guns of the warring factions and provide sense fearlessness during the whole election process to the constituent assembly.

It may be recalled that the geographical regions, such as the Karnali regions in the mid-western hills, the far western development regions and the members of the indigenous groups, women and other disadvantaged sections of the society are yet to feel as a part of the Nepalese nationhood. It is one of the issues raised by the leaders of the recent movement and CPN Maoists. Similarly, the dalis or untouchables, the ethnic groups and women are still in a state of marginalization and their participation in the constitution making can't be overlooked.

To conclude, Nepal ever since the beginning of its modern history in the mid-18th century, has never stood at such a cross road as she is standing now. Whether she would be able to move to a right direction and ensure it as a safe place for the present and future generation of the different sections of the society and regions, would depend upon how the major actors, especially the SPA the CPN Maoists would behave in the national political scene in the days to come. And if they fail this time they would be neither pardoned nor have another chance. Above all the country would enter into such a deeper crisis situation, to which she has never been.
The end

Kathmandu
May 31, 2006

PS: This article has been send to Nepal Monitor. com for possible publication