-Shakun Sherchand
The key word for the election is non violence and inclusion However, the catch word is otherwise- violent, manipulative and non- inclusive. It is far from free nor fair and the results will not be solution driven but conflictual.
The fuel for democracy is electoral votes but the mission of democracy is outreaching those who vote and give credibility to the democratic process. For functional democracy abides by the constitutional rules defined by the legislative parliament executed by the governing body, watch-dogged by the judiciary.
This election right from its inception was a farce to resuscitate a flogged Constitution Assembly. This election has been pulled together by the power hungry major political leaders as a face saving rather than a solution driven instrument. The leaders of major three parties have been acting like fisher men using inclusion and development projects as the bait to entice a nation of people whose citizens are hungry for equality and livelihood within a system of re-modeled medieval modernity.
How can Nepalese expect justice or fair play when all three functionaries of democracy is mangled. A short circuit in deliverance of rights has caused a social fuse, undermining the steady flow of rule of law to create political blackout. Nepal needs to learn the importance of the implementation of rule of law if it truly wants to establish a democratic system.
The Constitution Assembly.
The Constitution Assembly, a richly pluralistic giant beast of 601 CA members comprising of 54 parties further splintered into 122 platforms of identity and ideological partisans. The promise of two years to complete the constitution stretched to four and then fizzled right before our eyes. The completion of a progressive constitutional document adhering to respecting all identities comprising Nepali nationalism instead became a walking ghost - in sight but out of reach.
The activism of Janajati, Madeshi, Dalits and Women would have brought a vibrant texture to the Nepali nationalism as protagonists of the Naya ( New) Nepal , working side by side with each other. By now, we would be preparing for a general election rather than being stuck in the constitutional impasse. Nepal could have seen forthcoming changes in experiencing a Janajati, a Madesh born, Dalit or a woman Prime Minister after a continuous line of 37 uni- cultured Prime Ministers with the exception of Marich Man Singh since the time of Damodar Pande, the first Prime Minister in 1752.
The Federal Propaganda
Those parties who were hell bent against federalism and inclusion are now seeking votes promoting the same. When party whip was not a constitutional law but a party dictate why did Babu Ram Bhattarai overrun 417 votes, party whipping one and all? Now he is contending from Rupendehi- 2 in Tharuhat, promising what he exactly failed to deliver. Sushil Koirala who forthrightly claimed that the Janajati rights had reached saturation point and could not consider more rights to the Janajatis is precariously trying to pocket the Janajati votes in Chitwan. Gagan Thapa from Nepali Congress in his London spree reiterated to a booing crowd of Janajatis that the Congress could consider a halfhearted federalism.
The Khil Raj Government
Giving the benefit of the doubt by overstepping the democratic functioning of separation of power, although not justified, Nepalese had hoped for the maturity from Khil Raj's long years of jurisprudence.
The Chief justice- Prime Minister rolled into one leaves a perverse legacy in the democratic path of Nepal, executing rigid conservatism, heavily guided by political manipulation. More than 100 government appointments made by him reveal that the practice of inclusion and justice has further regressed, irking even the democratic Brahmins.
The fast onto death hunger strike of Nanda Prasad Adhikari and Gangamaya of Fujel, Gorkha, conitnue their hunger strike since October for the second time. The Adhikary couple whose health is deteriorating, have demanded action against those involved in the murder of their son.
The 50-50 Mission
Although the election commission has been spending hordes of money in triumphing the inclusion rights of women, the trials of fulfilling the inclusion objectives is equivalent to constitutional theft.
The ambitious goal of the 50-50 mission for women's participation falls far short off the target. Only 10.5% ( 672) of women contenders have been put forward in the First Past the Post ( FPTP) candidates of 6,343. Although a poll survey finding showed 40% would rather vote for women candidates, it is doubtful that these women would have little resources nor support to contend freely nor fairly in the midst of a heavily muscle and money driven powered election. Since 114 parties out of 122 are exempted from meeting the inclusion criteria in contesting the polls unlike 54 parties in 2008, the splintered votes among the male-centric parties will not ensure inclusion of women. This election would minimize the inclusion of women from the compliance of 33% as required by the inclusive criteria to barely 24%.
The fifty-fifty mission goal is an ambitious task for Nepal for various reasons. Durga Sob, the President of Feminist Dalit Organization (FEDO), an activist against discrimination, explicitly explained how women should not only be encouraged for fifty-fifty inclusive participation but should be empowered to bring credible changes for women by rightful women representatives. If women are to complete the 33% quorum in the CA, they are asked to take the responsibility in drafting the constitutional rights for women. Women are not showcase of inclusivity but activists of rights. Since the law is the key in determining the playing field for women in transforming needful changes for a prosperous society, they must have the right environment to do so. Without executing equal opportunities to women, Nepal will fail to reach its national development goals as women comprise 50.5 % of the human energy in Nepal.
Inclusion of women within a caste based system is detrimental. If Nepal wants to see women progress, women should be treated equal by law rather than included within an unchanging system. Otherwise, women will be exposed to victimization rather then liberation within such a system. If in 1990 there were only 5% women in state activities now the 33% inclusion gives them lateral inclusion. Lateral inclusion without vertical representation serves as a dead - end freedom, restricting her to navigate safely amidst enormous challenges that she is not socially trained for. Freedom without proactive respect has exposed women in the kill zone in the employment market. All those women who are seeking economic opportunities with little skill and no information, leaving for promising pastures abroad , specially in the Middle East, are encountering horror and tragic outcomes of immense psychological burden which have unprecedented consequences affecting families and societies at large.
The Policy of Inclusion Excluding Women
The 2007 Constitution was designed for inclusion of women, articulating the 1948 Declaration on Human Rights. Article 11(1) substantially interprets the State to take positive action to ensure equality in practice. However women will hit their heads against many walls in the policy of inclusion without full and equal participation. Without affirmative action clauses like in the South African Constitution backed by the International Convention on the Elimination of All Forms of Racial Discrimination( ICERD) and Convention on the Elimination of All Forms of Discrimination Against Women( CEDAW) the fifty- fifty mission stands as pretty as a billboard advertisement.
For example, the recent sidelining of Deputy Inspector General of Police ( DIG) Parvati Thapa Magar from becoming the first woman Inspector General of Police (IGP) in the history of Nepal is a slap in the face for women professionals in the recruitment of police. The police enrollment has made concerted effort to increase the 5% of women inclusion to 10% by 2018. But the willful termination of DIG Parvati's credibility to her due promotion of IGP awaits the unexplained right of passage to equal promotional rights to deserving women. By appointing a junior, Additional Inspector General (AIG) Upendra Kanta Aryal as the IGP, a relative of the present Chief Justice; by over- riding her educational and professional qualification is a discouraging message to 3572 women police recruit amongst 61,171. Thus, nepotism once again trumps over Article 20- Part 3.
Drawing women into lucrative jobs like the police and army is seducing women to more risky opportunities as Nepal will be more prone to conflict. In dispensing women's professional rights so lightly by the system, it is misleading women to believe in the special provisions for inclusive proportionate participation of women in all organs of the State with the right to share equal protection and benefit in the eyes of the laws. The high handed arrogance of Khil Raj Government sends a message that the existing system based by virtue of the interim constitution does not honor women in receiving equal remuneration for the same job.
The tall promises inscribed in the fundamental rights and directives for women reads as prescribed empowerment. The test of the nation in the equal treatment of women, as faced by the commitment of DIG Parvati Thapa Magar reveals forthcoming challenges in leveraging for promotional power for professional women like her in the future. Is the court willing to right the wrong meted to a woman of integrity and dedication in her profession? How can the biased system discharge fairness while demanding equal responsibility from them. I would request all Nepali men with common sense values to try and support the right of their mothers, wives, sisters and daughters as empowerment of family and society at large.
Khil Raj's statement that the courts are active in regarding the issues and rights of women compared to the past is overkilling his own actions as the election results would prove otherwise. This double standard policy against women related to socio- cultural transformation is putting the brake in the social lifeline of the nation. If there is no liberation for women, the liberation of the nation is questionable as it is disabling half of its national human resources.
The fuel for democracy is electoral votes but the mission of democracy is outreaching those who vote and give credibility to the democratic process. For functional democracy abides by the constitutional rules defined by the legislative parliament executed by the governing body, watch-dogged by the judiciary.
This election right from its inception was a farce to resuscitate a flogged Constitution Assembly. This election has been pulled together by the power hungry major political leaders as a face saving rather than a solution driven instrument. The leaders of major three parties have been acting like fisher men using inclusion and development projects as the bait to entice a nation of people whose citizens are hungry for equality and livelihood within a system of re-modeled medieval modernity.
How can Nepalese expect justice or fair play when all three functionaries of democracy is mangled. A short circuit in deliverance of rights has caused a social fuse, undermining the steady flow of rule of law to create political blackout. Nepal needs to learn the importance of the implementation of rule of law if it truly wants to establish a democratic system.
The Constitution Assembly.
The Constitution Assembly, a richly pluralistic giant beast of 601 CA members comprising of 54 parties further splintered into 122 platforms of identity and ideological partisans. The promise of two years to complete the constitution stretched to four and then fizzled right before our eyes. The completion of a progressive constitutional document adhering to respecting all identities comprising Nepali nationalism instead became a walking ghost - in sight but out of reach.
The activism of Janajati, Madeshi, Dalits and Women would have brought a vibrant texture to the Nepali nationalism as protagonists of the Naya ( New) Nepal , working side by side with each other. By now, we would be preparing for a general election rather than being stuck in the constitutional impasse. Nepal could have seen forthcoming changes in experiencing a Janajati, a Madesh born, Dalit or a woman Prime Minister after a continuous line of 37 uni- cultured Prime Ministers with the exception of Marich Man Singh since the time of Damodar Pande, the first Prime Minister in 1752.
The Federal Propaganda
Those parties who were hell bent against federalism and inclusion are now seeking votes promoting the same. When party whip was not a constitutional law but a party dictate why did Babu Ram Bhattarai overrun 417 votes, party whipping one and all? Now he is contending from Rupendehi- 2 in Tharuhat, promising what he exactly failed to deliver. Sushil Koirala who forthrightly claimed that the Janajati rights had reached saturation point and could not consider more rights to the Janajatis is precariously trying to pocket the Janajati votes in Chitwan. Gagan Thapa from Nepali Congress in his London spree reiterated to a booing crowd of Janajatis that the Congress could consider a halfhearted federalism.
The Khil Raj Government
Giving the benefit of the doubt by overstepping the democratic functioning of separation of power, although not justified, Nepalese had hoped for the maturity from Khil Raj's long years of jurisprudence.
The Chief justice- Prime Minister rolled into one leaves a perverse legacy in the democratic path of Nepal, executing rigid conservatism, heavily guided by political manipulation. More than 100 government appointments made by him reveal that the practice of inclusion and justice has further regressed, irking even the democratic Brahmins.
The fast onto death hunger strike of Nanda Prasad Adhikari and Gangamaya of Fujel, Gorkha, conitnue their hunger strike since October for the second time. The Adhikary couple whose health is deteriorating, have demanded action against those involved in the murder of their son.
The 50-50 Mission
Although the election commission has been spending hordes of money in triumphing the inclusion rights of women, the trials of fulfilling the inclusion objectives is equivalent to constitutional theft.
The ambitious goal of the 50-50 mission for women's participation falls far short off the target. Only 10.5% ( 672) of women contenders have been put forward in the First Past the Post ( FPTP) candidates of 6,343. Although a poll survey finding showed 40% would rather vote for women candidates, it is doubtful that these women would have little resources nor support to contend freely nor fairly in the midst of a heavily muscle and money driven powered election. Since 114 parties out of 122 are exempted from meeting the inclusion criteria in contesting the polls unlike 54 parties in 2008, the splintered votes among the male-centric parties will not ensure inclusion of women. This election would minimize the inclusion of women from the compliance of 33% as required by the inclusive criteria to barely 24%.
The fifty-fifty mission goal is an ambitious task for Nepal for various reasons. Durga Sob, the President of Feminist Dalit Organization (FEDO), an activist against discrimination, explicitly explained how women should not only be encouraged for fifty-fifty inclusive participation but should be empowered to bring credible changes for women by rightful women representatives. If women are to complete the 33% quorum in the CA, they are asked to take the responsibility in drafting the constitutional rights for women. Women are not showcase of inclusivity but activists of rights. Since the law is the key in determining the playing field for women in transforming needful changes for a prosperous society, they must have the right environment to do so. Without executing equal opportunities to women, Nepal will fail to reach its national development goals as women comprise 50.5 % of the human energy in Nepal.
Inclusion of women within a caste based system is detrimental. If Nepal wants to see women progress, women should be treated equal by law rather than included within an unchanging system. Otherwise, women will be exposed to victimization rather then liberation within such a system. If in 1990 there were only 5% women in state activities now the 33% inclusion gives them lateral inclusion. Lateral inclusion without vertical representation serves as a dead - end freedom, restricting her to navigate safely amidst enormous challenges that she is not socially trained for. Freedom without proactive respect has exposed women in the kill zone in the employment market. All those women who are seeking economic opportunities with little skill and no information, leaving for promising pastures abroad , specially in the Middle East, are encountering horror and tragic outcomes of immense psychological burden which have unprecedented consequences affecting families and societies at large.
The Policy of Inclusion Excluding Women
The 2007 Constitution was designed for inclusion of women, articulating the 1948 Declaration on Human Rights. Article 11(1) substantially interprets the State to take positive action to ensure equality in practice. However women will hit their heads against many walls in the policy of inclusion without full and equal participation. Without affirmative action clauses like in the South African Constitution backed by the International Convention on the Elimination of All Forms of Racial Discrimination( ICERD) and Convention on the Elimination of All Forms of Discrimination Against Women( CEDAW) the fifty- fifty mission stands as pretty as a billboard advertisement. For example, the recent sidelining of Deputy Inspector General of Police ( DIG) Parvati Thapa Magar from becoming the first woman Inspector General of Police (IGP) in the history of Nepal is a slap in the face for women professionals in the recruitment of police. The police enrollment has made concerted effort to increase the 5% of women inclusion to 10% by 2018. But the willful termination of DIG Parvati's credibility to her due promotion of IGP awaits the unexplained right of passage to equal promotional rights to deserving women. By appointing a junior, Additional Inspector General (AIG) Upendra Kanta Aryal as the IGP, a relative of the present Chief Justice; by over- riding her educational and professional qualification is a discouraging message to 3572 women police recruit amongst 61,171. Thus, nepotism once again trumps over Article 20- Part 3.
Drawing women into lucrative jobs like the police and army is seducing women to more risky opportunities as Nepal will be more prone to conflict. In dispensing women's professional rights so lightly by the system, it is misleading women to believe in the special provisions for inclusive proportionate participation of women in all organs of the State with the right to share equal protection and benefit in the eyes of the laws. The high handed arrogance of Khil Raj Government sends a message that the existing system based by virtue of the interim constitution does not honor women in receiving equal remuneration for the same job.
The tall promises inscribed in the fundamental rights and directives for women reads as prescribed empowerment. The test of the nation in the equal treatment of women, as faced by the commitment of DIG Parvati Thapa Magar reveals forthcoming challenges in leveraging for promotional power for professional women like her in the future. Is the court willing to right the wrong meted to a woman of integrity and dedication in her profession? How can the biased system discharge fairness while demanding equal responsibility from them. I would request all Nepali men with common sense values to try and support the right of their mothers, wives, sisters and daughters as empowerment of family and society at large.
Khil Raj's statement that the courts are active in regarding the issues and rights of women compared to the past is overkilling his own actions as the election results would prove otherwise. This double standard policy against women related to socio- cultural transformation is putting the brake in the social lifeline of the nation. If there is no liberation for women, the liberation of the nation is questionable as it is disabling half of its national human resources.
E-mail: shakun.sherchand@gmail.com
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