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IPJ Travels to Nepal in Wake of New Constitution, Unrest in the Terai

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Staff members Dee Aker and Daniel Orth were in Nepal in January to work with local partners of the IPJ’s Nepal Peacebuilding Initiative. Since the promulgation of a new constitution in August 2015, Nepal has been gripped by unrest in the southern plains region known as the Terai and home to the Madhesi people. Citing problems with the new constitution and historical grievances about political and economic marginalization, large segments of the Madhesi population, mobilized by political parties, have taken to the streets in protest and created a blockade on the southern border with India through which a majority of the country’s imports arrive. The state has responded harshly to the protestors and security forces have been implicated in the deaths of protestors and civilians, while police officers also have been attacked and killed.

Through conversations with a wide range of actors including police, political leaders, protestors, civil society, media, youth, women and violence-affected families, the IPJ team offered a platform for individuals to share their experiences and to feel heard, and in the process gained a deeper understanding of the current context for the IPJ’s future work.

Women members of Parliament speak about the challenges confronting Nepal and how women can help to solve them

Women members of Parliament speak about the challenges confronting Nepal and how women can help to solve them

With the help of local partners, Aker and Orth brought together more than 110 individuals at six roundtable discussions and one full-day workshop. From Armed Police Force officers sitting with protest leaders, to women from opposite sides — one who lost a child and one who lost her livelihood — these events offered the opportunity for individuals to hear from “the other,” reducing misunderstanding and beginning to rebuild trust.

The IPJ team also had the chance to speak with more than 40 individuals during several one-on-one interviews and small group meetings. They sat down with influential elites that included Nepal’s current Prime Minister, K.P. Oli, and two former prime ministers; U.S. Ambassador to Nepal Alaina Teplitz; more than a dozen members of Parliament; high-ranking police officials; and Madhesi protest leaders.

The risk of continued conflict remains high and ultimately the solutions will need to come from within the country; however the IPJ remains committed to creating opportunities for the people of Nepal to engage in more productive conversations to achieve a just and peaceful country for all citizens.

IPJ Director Dee Aker speaks with Prime Minister K.P. Oli

IPJ Director Dee Aker speaks with Prime Minister K.P. Oli

News in Review: Nepal – November 19

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Nepal News in Review

Nepali leadership continues its struggle to quell unrest amongst the Madhesi people. Last week, former PM Madhav voiced concerns that Madhesi leadership are for their own benefit misrepresenting the issues to the Madhesi people. Furthermore, UN Secretary General Ban Ki Moon responded to India’s alleged border blockade with Nepal, calling for the countries to “lift the obstructions without further delay.”

Border Problems

UN Secretary General Ban Ki Moon expressed concerns late last week over the continued obstruction of essential supplies on the Nepal-India border. Significant shortages remain, even with the increase in supplies coming into Nepal, forcing the Nepali people to cross into India to get basic essentials.

“UN speaks about blockade, underlines Nepal’s right to free transit.” Kathmandu Post. November 12, 2015.

“Bordering Indian market full with Nepali customers.”  The Himalayan Times. November 12, 2015.

“Flow of cargo-laden vehicles from India increases.” The Himalayan Times. November 16, 2015.

Madhesi Unrest Continues

Nepali leadership have been critiquing the unrest in the Madhesi region. Particularly, Former Prime Minister and senior CPN-UML leader Madhav Kumar Nepal late last week accused Madhesi political party leadership of creating conflict by intentionally misinterpreting the new constitution. Again Sunday, the leadership met to try to reach an agreement and once again failed to reach consensus and end the unrest.

“Political parties in Nepal fail to settle internal differences.” Review Nepal. November 15, 2015.

“Protest goes against Madhesis: Nepal.” The Himalayan Times. November 17, 2015.

News in Review: Nepal – October 15, 2015

Unrest continues in Nepal as protests remain in the Madhesi and Tharu regions, people struggle with fuel shortages and Nepali police forces experience clashes with Indian border security. Despite these moments of unrest, the country is trying to move forward with the election of a new prime minister from the Communist Party of Nepal-UML, who seems hopeful and confident that the government will address the remaining political issues. Meanwhile, Nepali Police and the government are trying to assuage the gas shortages with the implementation of a free bus service around the capital city and one-time sales of four gallons per vehicle until the shortage is over. Trade with neighboring Bangladesh has also been disrupted.

A New Prime Minister for Nepal

Communist Party of Nepal-UML leader KP Sharma Oli has been elected prime minister. India has welcomed the new PM, but promises to ‘wait and watch’ whether he addresses the concerns of Nepal’s minority groups in resolving their constitutional concerns.

Sharma, Bharda and Ellen Barry. “Nepal Elects K.P. Sharma Oli as New Prime Minister.” The New York Times. October 11, 2015.

“India Welcomes Oli’s Election as New PM.” The Kathmandu Post.  October 11, 2015.

PTI. “India to ‘wait and watch’ as new Nepal PM takes charge.” The Economic Times. October 13, 2015.

India-Nepal Security Forces Clash

Indian border security and Nepali police forces have clashed recently. In the most recent incident, Indian border security officers are alleged to have dragged a Nepali police officer across the border and thrashed him.

“Indian SSB men drags Nepal Police officer into Indian territory and beat up.” The Kathmandu Post. October 11, 2015.

Shortage Remains Despite Open Border

Fuel trucks are now entering Nepal daily, but still only amount to about 6,000 tons a week, 24,000 tons less than they are used to having. Government and police are trying to combat the fuel shortage with a free bus service in the capital and additional gas sales from China, but so far Nepal is still coming up short.

“Fuel tankers, cargo trucks enter Nepal from India via Sunauli.” The Himalayan Times. October 12, 2015.

“Nepal Police Begin Free Bus Service in Kathmandu.” The Kathmandu Post. October 12, 2015.

Gurubacharya, Binja. “Border between China and Nepal reopens after earthquake repairs; gov’t allows some gas sales.” Star Tribune. October 13, 2015.

Trade Troubles

Nepal’s trade with Bangladesh has been halted for the last two weeks since India is accused of enforcing an unofficial trade embargo. Bangladesh exporters say they are concerned about dispatching goods to Nepal for fear they will be obstructed by the Indian customs police.

“Nepal Bangladesh Bilateral Trade Halted.” The Kathmandu Post. October 8, 2015.

The views expressed by Kroc Institute for Peace and Justice Interns are those of the author and are not necessarily those of the IPJ or of the University of San Diego.

News in Review: Nepal – October 5, 2015

Last Sunday, September 20, Nepal formally adopted a constitution, a process which has been in progress for nearly a decade. The weeks preceding and following that formal adoption have been filled with unprecedented violence, particularly in the Terai which the Madhesi and Tharu indigenous groups have called home for decades. The violence started in early August when the four major Nepali political parties reached an agreement to divide the country into six provinces. This plan would connect the Madhesi region in the southern plains to the Tharu region in the far western plains, a move which the minority groups say will hinder their political bargaining power and, moreover, empower local political elites to overtake their politics and erode their rights. India quickly responded, condemning the violence and closing their border with the country, restricting Nepal’s access to food and fuel imports, while the rest of the international community has voiced continued concern over the violence.

A New Constitution

Passage of Nepal’s new constitution has alienated many of the minority groups living in the Terai including the most prominent Tharu and Madhesi people who feel marginalized and fearful of the potential consequences of this constitutional agreement.

Sharma, Bhadra and  Nida Najar. “Plan to Redraw Internal Districts in Nepal Prompts Violent Protect.” New York Times. August 10, 2015.

Haviland, Charles. “Why is Nepal’s new constitution controversial?” BBC. September 19, 2015.

Sharma, Bhadra and  Nida Najar. “Amid Protests, Nepal Adopts Constitution.” New York Times. September 20, 2015.

Pokharel, Sugam  and Salim Essaid. “More than half a century in the making: Nepal enshrines new constitution.” CNN. September 21, 2015.

UN Calls for End to Violence

The Office of the High Commissioner for Human Rights expressed concerns about the level of violence taking place in Nepal and urged stakeholders to participate in open dialogue.

“UN rights office calls for end of violence and dialogue in Nepal.” The Himalayan Times. September 23, 2015.

India Seeking Constitutional Changes

India recommended seven constitutional changes to Nepal’s political leadership including “delineation of electoral constituencies based on population alone, the right to participate in state structures on the basis of principles of proportional inclusion, to allow naturalised citizens to hold highest offices both at the federal and provincial level.”

“India sought changes in Nepal statute: Media.” The Kathmandu Post. September 24, 2015.

India’s “Unofficial” Blockade

Earlier this week, in response to the growing violence in Nepal, India blocked all traffic flowing across its Nepali border with officials emphasizing security concerns. While protesters are claiming responsibility for blocking some of the trade posts, India and Nepal are still debating who is at fault. India claims the problem is with instability and insecurity in Nepal and Nepal claims India is punishing the landlocked nation for passing the constitution last Sunday.

“SLMM decides to block all entry points to Nepal from India.” The Kathmandu Post. September 23, 2015.

“Nepali minority group blocks India-Nepal trade route.” The Himalayan Times. September 25, 2015.

Anti-India Protests

In the border town Kakadbhitta of the Jhapa district, locals protested against the ‘unofficial blockade’ imposed by India.

“Border locals protest against India’s ‘undeclared blockade’.” The Kathmandu Post. September 28, 2015.

Nepali Government Restricts Transportation

The Nepali government has begun rationing fuel and has restricted the movement of cars to alternate days based on license plate numbers. Even with strict limits on the sale of fuel to personal cars, buses, and taxis, the Nepal Oil Corporation says the country will run out of fuel in ten days.

The Associated Press. “Nepal Restricts Driving to Head Off Fuel Shortage.” The New York Times. September 27, 2015.

Sharma, Bhadra and  Nida Najar. “Nepal Rations Fuel as Political Crisis with India Worsens.” The New York Times. September 28, 2015.

Government Talks with Madhesi Leaders

Leadership in the governing parties, including Nepali Congress leader and Forest Minister Mahesh Acharya, UML Chief Whip Agni Kharel and UCPN (Maoist) senior leader Narayan Kaji Shrestha, met with Madhesi leaders including Tarai Madhes Democratic Party (TMDP) Chairman Mahantha Thakur and the Madhesi Janaadhikar Forum-Democratic Chairman Bijay Kumar Gachhadar. Both leaders presented a set of pre-conditions for ending the protests, some of which the government has agreed to and is currently working on implementing.

“Three-party talks team meets Thakur, Gachadar.” The Himalayan Times. September 28, 2015.

“Govt initiates talks with agitating Madhesi parties.” The Kathmandu Post. September 28, 2015.

India’s “Communal War”

While distributing prizes to the second-level futsal championship, Nepal Workers and Peasants’ Party Chair Narayan Man Bijukchhe said that India was starting a communal and ethnic war and trying to disharmonize Nepali society.

“India has begun communal war with Nepal: leader Bijukchhe.” The Kathmandu Post. September 28, 2015.

Border Point Reopens

The Nepali border point at Bhairahawa reopened on Monday, September 28 letting in as many as 40 vehicles including one petrol tanker. Two days later India resumed sending food and fuel into Nepal, but many more hundreds of trucks holding food, water, fuel, and medical supplies were still sitting on the India side of the border.

“Border entry point at Bhairahawa reopens, 40 vehicles enter Nepal from India.” The Himalayan Times. September 28, 2015.

Associated Press. “India resumes sending food, fuel to shortage-stricken Nepal.” The Himalayan Times. September 30, 2015.

Former PM and UCPN-Maoist Baburam Bhattarai Chased Out of Janakpur

Former Maoist prime minister of Nepal, Baburam Bhattarai, resigned from his party and parliament in an expression of disappointment over the new constitution. Following this resignation, Bhattarai went to Janakpur to address a mass assembly of largely Madhesi parties about the failures of the new constitution; however the stage was set on fire, and party leaders Ram Chandra Jha and UCPN-Maoist leader Ram Kumar Sharma were manhandled and beaten up and Bhattarai was escorted out and chased to Janakpur Airport.

“Nepal’s former PM Bhattarai quits parliament, party.” The Daily Sun. September 27, 2015.

Bhaskar, C Uday. “Nepal: Will former PM’s resignation be catalyst for rethink?” The South Asia Monitor. September 28, 2015.

Yadav, Brij Kumar. “Baburam Bhattarai’s stage set on fire, Ram Chandra Jha beaten up in Janakpur.” The Himalayan Times. September 29, 2015.

The views expressed by Kroc Institute for Peace and Justice Interns are those of the author and are not necessarily those of the IPJ or of the University of San Diego.

Gender Power

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Thursday, May 22, 2008

At 8 a.m. we gathered in the SAP-Nepal offices, reunited with Naresh Phuyal, our interpreter from 2005-2006, Anil and Niraj Khanal, the SAP-Nepal staff who had been instrumental in arranging the logistics and outreach for the two Kathmandu workshops. A flurry of printing and photocopying, and we were ready when the first participants arrived at 9:30 a.m.

Sixteen women from 4 parties participated in the day-long participatory workshop, “Gender Power: Activating a Common Agenda.” Aker and Taylor were welcomed by the experienced politicians of the Inter-Party Women’s Alliance (IPWA), a consortium of women from the major parties who invited the IPJ to convene this workshop, as well as newcomers from the recently formed Madhesis People’s Rights Forum (MJF). In the shifting political landscape leading up to the constituent assembly (CA) elections, the MJF emerged as the major party representing the historically marginalized southern Terai region, and earned a comparable seats to the past leading parties of Nepali Congress (NC) and Communist Party of Nepal-Marxist Lenin (CPN-ML).

“It is a pleasure to welcome back Dee and Laura, you are like a family member in Nepal” Prativa Rana, Central Committee, RPP, former chair of IPWA

The workshop “Gender Power: Activating a Common Agenda” encouraged new leaders to find the common agenda of women from diverse experiences and help in developing a common “language” to build support for and advance common concerns. The Election Commission called for greater representation of women and how it is time for women to consider the constituencies they represent by gender as well as party. Through exercises and case studies, participants’ examined common challenges and strategies to address them when women come to power.

The program is a continuation of the IPJ Nepal Project which has been conducted with Nepali senior and emerging political leaders, civil society spokespersons, and women representatives since 2003. Programs are designed to enhance personal skills, build broader constituencies for democratic participation, and establish collaborations to address root causes and consequences of conflict.

After Taylor provided a brief review of the impact of the Women, Politics and Peace Working for a Just Society series over the past three years, Aker share a case study of Uganda. Illuminating how women were able to get gender on the agenda for the constitution, Aker described the process, product and impact of the women’s movement on democratic change in Uganda. “Women decided that if a new constitution was going to be written, they would have to go out and make sure that everybody, understood what a government was supposed to and what a constitution could do.” The Ugandan women’s movement led the educational campaigns about constituent assemblies, as well we efforts to collect the voices of people to inform the new document. Through multiple means, e.g., radio, print, TV, etc., the women said, “We are going to be the bridges, the voices from the people, to the political leaders.”

“We are going to be the bridges, the voices from the people, to the political leaders.”

In the next exercise, the participants worked in small groups to use the analytic framework for understanding the conflict in Uganda, to adapt and apply to understand the current transition in Nepal. “We haven’t felt security in Nepal,” shared one of the participants, however, we hope the constitution will “help to build a successful nation.” “The role played by civil society organizations can be further strengthened to make a good constitution,” another participant added. Key issues across the small groups discussions were insecurity, mechanisms to implement necessary legislation, the dissemination of information to the people, transparency, the commitment of the political parties, honesty of the part of the government, and free and strong fair judiciary. One participant concluded, “We are thankful for what you bring, I had no idea about Uganda until now. We will do our best to bring this information to our parties.”

After common priorities emerged during the previous exercise, Taylor shared some key consultation mechanisms to channel constituents’ voices to policymakers. Constitution-making is a “deliberative” process. Interim agreements, like the one Nepali leaders forged in 2006, help society to establish basic clarify basic legal rules and provide sufficient change from past root causes of conflict. A constitutional committee can help reframe a constitution from a “contract” to a “conversation” and carry out three key phases: civic education, popular consultation and synthesis of multiple contributions and submissions. This methodology helps increase public participation and promote an ownership model of civic engagement.

Through a media simulation, participants practiced asking local constituents about their interest and ideas for a new constitution based on the strengths and weaknesses of the 1990 constitution and the 2006 interim constitution, and summarized key points in 3 sentences. They brainstormed mechanisms to share this synthesis, including more traditional channels such as radio and television, but also SMS (cell phone texting) and local suggestion boxes at throughout VDCs.

Constitution-making processes can be transformation if given adequate resources and time to include a multitude of voices and perspectives. Public participation increases local ownership as well as the legitimacy of the final product. With wider societal support, it is more likely the impact of the constitution will be inclusive and empowering in light of the root causes of conflict.