Dr. SURYA SUBEDI is a Professor of international
law at the University of Leeds in the United Kingdom
, Dr. Subedi briefly visited his home country last
week en route to Vietnam for which country he is a
legal advisor. Despite living in UK he has been paying
close attention to the events taking place in Nepal
.
In the following you’ll find excerpts from an
interview done recently.
National interest
All political forces should come together and identify
what are our non-negotiable national interests. Then
you can work out the modality to achieve those national
interests.
Elsewhere, whenever there is any problem, people do
not disagree on fundamental national interests –
all political parties will have, more or less, similar
views. In our country, I have not been able to see
the degree of consensus and the degree of willingness
to work in support of national interest. I find this
frustrating.
Constituent assembly
When there is a revolution; when a new nation is born
out of colonial administration; when there is a break-up
of a nation; when there is clear political vacuum
then you need a constituent assembly to prepare a
new constitution. We do not have that political vacuum.
Parliament
I have said all along that the weakest link in the
governance of our country had been our parliament.
It should have played a much more effective role.
During the 1990s, the parliament was not that much
effective. In a democracy, it is parliament that has
to play the decisive role. My focus is how to make
the parliament effective. First of all, make sure
that elections are conducted in free and fair manner.
Second thing, the parliament should be given the ultimate
power in the governance of the country. That is what
people's sovereignty means.
Political coexistence
The very idea behind democracy is the peaceful political
coexistence. Nowadays, politics is based on consensus.
In this county people are not seeking such consensus.
Having your rigid position is one thing but moving
forward on the basis of peaceful political coexistence
is the very basis of democratic governance, rule of
law and civilization.
Main obstacles on the way
to a political coexistence
All sides have made mistakes. Their various 40-point
or 75 point proposals, more than two-third of them
can be included in any political manifesto of any
party. This is a wish list. You have aspirations to
build a nation and you have listed a number of things
that you want to achieve. To achieve them you do not
need to fight with other political forces. You need
to bring other forces on board and move ahead.
I think the problem in this country is not giving
enough time for democracy to mature. Our experience
with democracy was short-lived. In countries like
UK, the system they have now has evolved through decades
and centuries of hard work. They have gone through
these phases of crises that we are going through.
But here, people have not given enough time for democracy
to work.
Where we are today is the result of the Maoist rebellion.
When the country had just embarked on the democratic
path, the Maoists did not try to achieve what they
wanted to achieve through parliament. The Maoist rebellion,
which began some ten-eleven years ago, is the problem
why we are in the present situation.
National dialogue
Can come about when both or all sides show some flexibility.
At the moment, I see the ball being in the court of
the King. The King has to demonstrate some flexibility
and preparedness for dialogue. And then we can see
whether the Maoists or the seven party alliance are
willing to negotiate. Those who are in power should
demonstrate their willingness to negotiate with other
political forces. I have not seen that willingness
so far.
Topic strategy in place
The strategy that is in place, what we have seen,
makes us doubtful whether he can achieve. The strategy
that is in place now doesn't convince me that he can
deliver even in two more years. The people he has
brought to power have no popular base. The people
who are in power are not following sensible policy.
For instance, there is a vice chairman of council
of ministers saying that democracy and monarchy cannot
go together. I cannot accept that idea. The constitutional
monarchy has worked in many countries quite well.
It had worked in our country for ten years quite well.
I don't see why it cannot work again. I am a firm
believer that democracy and monarchy can go together.
There is no either/or.
Topic International community
The major powers of the world including the United
Nations have a commitment to reduce poverty. To reduce
poverty, they have concluded that a country should
have a democratic, accountable and transparent government.
They have an interest in making sure that wherever
they give assistance, their money is used as wisely
as possible, which would benefit the poor people.
That is why they are saying that unless and until
there is a democratic and transparent government,
the funds given by foreign governments may not be
used properly.
All these countries are, by and large, democratic
countries and their taxpayers ask how the money provided
by them is being utilized. They keep asking these
questions in the parliament. For instance, in the
UK, every now and then, MPs raise such questions about
Nepal and other countries. We now live in a globalized
world with its own set of vale systems. These values
are democracy, rule of law, good governance and human
rights. If you depart from those values, the international
community will be concerned. Because once you say
you are a part of international community, you have
to subscribe to the values of the community. Otherwise,
you could end up a pariah state.
Initially the international community did not have
a good understanding of Maoist movement – what
they stand for and what their ultimate game was. There
is not much that the international community itself
can do. It is our problem. The international community
can assist us only when we have a sensible policy
to move forward. They can be the positive force.
When democracy is in trouble, they try to help the
government. But when the government itself cannot
help itself, then the international community will
be concerned about what is going on and how they can
help. I think the international community has played
a very encouraging role here. They have not, in my
opinion, subscribed to the idea of constituent assembly.
I don't think they would ever support the Maoist revolution
or whatever you call it. They are firmly of the view
that the country like ours needs both – the
monarchy and the democracy. These two forces should
go hand in hand. Experiences of so many countries
have shown that monarchy and democracy can go together
– known as constitutional monarchy. That is
what they want to see in Nepal . I do not think they
want to see any other force ruling the country.
China and India will not go at loggerheads about Nepal.
Both are developing their relations in a way that
will be economically meaningful to both of them. It
is not the situation like the one in 1960s or 70s.
Both are emerging global giants and economic power.
They do not want to quarrel over Nepal. They do not
want to have small differences spoil their emerging
developing good relations. I think both of them would
have some common understanding that Nepal should find
its place and its people within the country should
find resolution of political problems. And once we
come up with sensible solutions, both of them will
support. Yes, we have two neighbors but I do not think
the overarching objectives of these two neighbors
would differ that much in today's world no matter
what the internal political system in these two countries
are. Actually, I would think, they would find it very
strange if Nepal becomes an issue, which disturbs
the evolving relationship between the two countries.
These two countries have to compete with other western
countries and economic giants. If they fight with
each other, making Nepal an issue, I do not think
they would be far-sighted leaders. So I think their
interest lies in making sure that they do not have
disagreements over Nepal .
While they may have differences of opinion regarding
Nepal, they cannot afford to quarrel on matter relating
to Nepal . They have a bigger challenge – to
compete and establish themselves in the international
arena. When they are trying to compete and establish
themselves as global power, these two nations cannot
afford to go back to the situation of the 1960s and
fight with each other. Nepal is not a serious enough
issue for them to contest. So, their interest lies
in making their nations prosperous. Of course, India
has always pursued the policy of non-interference.
And I do not think India will be foolish to intervene
in our internal affairs. It is our own internal affairs
and we are capable of resolving with it. But we should
have a dialogue within our own nation to come up with
solution. Then Indians would also keep quiet.
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