Failed, but still good

BY GYANU ADHIKARI

It has been more than a year since the Comprehensive Peace Agreement (CPA) was signed between the Seven-Party Alliance and the Maoists. To most people, the signing of the document meant the formal end of the Maoist insurgency and the internment of Maoist combatants in cantonments. The scope of the document, however, is much broader. It provides a summary of the most pressing political and economic problems we are facing today, and, in many cases, sets a deadline for implementing the necessary reforms.

Much has been said about the failure of the CPA. It has been widely reported, quite rightly, that the Young Communist League (YCL) has been violating the terms of the pact. Reports from NGOs dedicated to human rights and election monitoring cite many more instances of violation by the Maoists than by the government.

It has been more than a year since the Comprehensive Peace Agreement (CPA) was signed between the Seven-Party Alliance and the Maoists. To most people, the signing of the document meant the formal end of the Maoist insurgency and the internment of Maoist combatants in cantonments. The scope of the document, however, is much broader. It provides a summary of the most pressing political and economic problems we are facing today, and, in many cases, sets a deadline for implementing the necessary reforms.

Much has been said about the failure of the CPA. It has been widely reported, quite rightly, that the Young Communist League (YCL) has been violating the terms of the pact. Reports from NGOs dedicated to human rights and election monitoring cite many more instances of violation by the Maoists than by the government.

Rereading the document, one wonders how much Nepali society would have changed within a year if the commitments made by both sides had been followed in practice.
The CPA specified that the constituent assembly elections to draft a new constitution would take place by June 14, 2007. It is probably the most talked about non-event in our history. The noise created by the CA elections has been so loud that it has succeeded in drowning out other equally (if not more) important pledges. At the end, what the talk has achieved so far is a lot of mudslinging among the parties regarding who is to blame for the delay and a convenient excuse to ignore pressing political and economic reforms.

The CPA also requires both the government and the Maoists to make public within 60 days information about those disappeared and killed during the war. Sadly, the vital questions remain unanswered. What were the names of the 13,000 people killed during the Maoist war? Where did they live? Where and how did they die? Judging by the silence, neither the government nor the Maoists are particularly interested in fulfilling this obligation.

More importantly, where are the "disappeared"? According to Amnesty International, at least 900 have disappeared after they were captured by the then Royal Nepal Army and 200 have vanished after being seized by the Maoists. Among all the unfulfilled commitments mentioned in the CPA, the failure to disclose the disappeared is perhaps the most tragic.

The CPA proposed establishing a Truth and Reconciliation Commission (TRC) to enable the nation to face the consequences of its actions. The government has so far been shirking its duty. It is fundamental that a TRC be formed in order for the peace process to succeed. Without resolving the issue of transitional justice, Nepal will, in a way, remain in an emotional limbo.

The CPA promised to map and diffuse landmines and booby traps within 60 days of signing the agreement. Since both sides obviously know where they were planted, all that is required is for them to publicize the information and remove the bombs at a convenient time. It is as simple as that. For untold reasons that show a complete disregard for human life, they have been keeping their mouths shut, and as a consequence, citizens continue to die meaningless deaths.

The Maoist war began and intensified, it is claimed, because of the injustice in the construction of our society and state. The conflict is over, but those injustices have not evaporated. The single commitment that could have had the most pronounced effect towards lessening injustice, if implemented, would have been the promised restructuring of the state.

The restructuring aims to resolve two of the most problematic issues of the current state and their root causes: social exclusion and centralization. The CPA promised to progressively eliminate the centralized and unitary state to put an end to the marginalization of various groups that form a majority of the Nepali population. The government's apathy towards implementing the provision has already had tragic consequences. The Madhesi movement (with a death toll higher than the April Uprising) is the gravest example.

In order to pacify the agitators, the government was forced to amend the Interim Constitution to guarantee a federal structure. The Madhesi movement has not died yet, but neither has the government taken steps towards relinquishing its grip on power. As a result, there are now more armed groups in Nepal than ever demanding a federal state and autonomy.

Moving on to the economic sphere, the government has also failed to carry out pledges made for the benefit of the poor. One important provision in the accord is implementing scientific land reform to help impoverished farmers and provide land or other economic security measures to landless, bonded and pastoral farmers. Despite protests organized by freed Kamaiyas and Badis in Kathmandu, when the government made promises as usual to pacify the agitators, it continues to ignore them. Such negligence is likely to make future agitations permanent and more violent.
Most of what one hears about the government's economic agenda is focused on free market and industrialization. It would be a revealing exercise to compare the amount of resources used to promote the free market and provide industrial subsidies compared to the aid given to the poor. In short, "how to be competitive" is the holy grail of the government's economic department whereas "how to survive with nothing to eat" does not make it to the conference halls.

The CPA also mentions actions to be carried out regarding the present and previous king. Given the troubling mystery surrounding the deaths of King Birendra and his family and the sentiment that it would be unjust to hand over his property to his dictatorial brother, the CPA included a provision to use King Birendra's wealth to form a trust. The people's expectation was that the trust money would be used to promote the citizens' welfare. Why this has not happened yet is open to speculation, but the fact that this has not happened perhaps reflects the enormous influence the king still commands.

The CPA stipulated that the Nepal Army would be confined to barracks. It is one area where the accord has been moderately successful. Maoist combatants have been confined to temporary cantonment sites, and UNMIN, which is responsible for arms management, has said that their verification would be completed by December.
The promised democratization and restructuring of the Nepal Army, too, has not begun. As a result, the reforms required to be made in the security sector to absorb the Maoist combatants has not even been officially discussed. Furthermore, to add insult to injury, the very person found guilty by the Rayamajhi Commission for his role in suppressing the April revolution still commands the Nepal Army, ostensibly because the prime minister is unwilling to "provoke" the army into carrying out a coup. It is perhaps an example of how fast allegiances change in Nepali politics, or of how they never change at all.

In conclusion, the general debate on the CPA fails to distinguish between the commitments made by the government and by the Maoists. The CPA is not merely about putting an end to lawlessness. Its goals are much broader, from restructuring the state to coming to terms with the past conflict to providing means of survival to the poor. If it has failed so far, it has less to do with the validity of the issues that have been raised than with the willingness to follow through with the reforms. Without these reforms, the present quarrels will continue and new ones are sure to emerge.