Kathmandu, May 23- The Constituent Assembly (CA), the legislature-parliament of the Federal Democratic Republic of Nepal, elected Madhav Nepal unanimously as the country’s new Prime Minister after what seemed to be the graceful exit of Prachanda as the first elected Prime Minister of the federal democratic republic. Madhav Nepal was one of the few most deserving politicians to become the Prime Minister of Nepal, but was denied the position in several instances due to dirty political games as well as the heavy handedness of the monarchy in the past since the democratic movement of 1990 until the country became a Federal Democratic Republic. Due to his from two constituencies in the CA elections, he does not hold the credibility of becoming the popular PM popularly elected under the Parliamentary democracy, but the current interim constitution does allow any member of CA to become the PM of Nepal, if one can muster majority in the CA members.

The new government’s main task is to facililate the CA to write the new constitution of Nepal, which cannot be done without the complete cooperation of UCPN (Maoists). Unfortunately, Maoists’ party that holds the key to two-third majority in CA required to pass any article or clause of the new constitution does not have any representation in any of top positions of country’s governance- such as the position of President, Vice-President, CA Speaker, Cabinet Ministers. Clearly, it indicates a short life of the new government formed without Maoists.

The nepaldalitinfo will be watchful of what the new government’s plans, policies and programs relating to Dalit rights would be for empowerment and all round development of Dalit people.

Report by:
Bhakti Nepal

Kathmandu, May 16- Today, a function was organized here at Bar Association hall to commemorate 75th birth anniversary of late great leader of Dalit movement and literary figure T.R Vishwakarma. The programme was organized by TR Vishwakarma Memorial Foundation. The programme was chaired by the noted literary figure and chairman of the foundation Krishnaprasad Parajuli, and Mr. Amik Sherchan, Chairman of National Interest Committee of Constituent Assembly was the chief guest. The programme was jointly declared opened Mr. Parajuli and Sherchan, the former lighting the lamp and the latter offering garland to the portrait of late Vishwakarma. Mr. Sarojdilu Vishwakarma was felicitated with a certificate, souvenir and cash prize of rupees five thousand one hundred and one for his tireless effort to bring out a book on TR in which he has been able to bring out many incidents of historical importance that were unfamiliar even to the family members. A book on collection of stories written by TR was also declared open by the chief guest.

Those who remembered TR Vishwakarma includes noted literary figure of Dalits and leftist leader and member of TR Memorial Foundation Mr. Ranendra Baraily and stated that he is the disciple of him and late Ruplal Vishwakarma, another leftist leader. Mr. Laxman Bashyal brought out the report and activities of the foundation and Mr. Motilal Nepali, noted Dalit activist and recipient of TR award highlighted the contribution he made on the Dalit movement and said “he was a true hero and revolutionary as he continuously fought against the reactionary forces of the time”. One of the story writers was supposed to review the story collection but he rather briefed the audience what the stories are, therefore, it became a summarization rather a proper review. The grand daughter Kavya Vishwakarma also shared her views and paid her homage though she never saw him.

Mr. Hira Viswhakarma, one of the members of the foundation addressed the programme too and he remembered TR by telling the memories of the incident that he had. He stated that about 35 years ago in Tansen he ate on same plate with Suke Gaine to eliminate the internal discrimination within Dalit. He also told the simple life that he had as along with other participants in Delhi in 1986 he slept on the floor and produced a beautiful poem. He further stated that a memorial day of this type of such a great leader of Dalit movement should not be celebrated by his family by investing their own money, rather by the state. He demanded for provisions to be created in the govt supported institutions such as National Dalit Commission and Dalit Development Committee.

Mrs. Mithai Devi Vishwakarma, the patron of the foundation and wife of late TR thanked all the distinguished guests and participants. Mr. Amik Sherchan, the chief guest of the programme paid high regards and tribute to TR. He said though he was eight years older than him, he was a true friend and comrade; he cannot be the inspiration and leader of Dalit movement only but for whole country. Speaking on the occasion the chairman of the programme Krishnaprasad Parajuli said “TR was his best friend and he appreciated a story written by Parajuli sometime in 1956/57 in which he showed a true brotherly and sisterly love between a Brahmin man and Dalit woman where they accepted each other as brother and sister by taking Bhai Tika of Tihar festival despite the several hurdles created by the society. He also complained that all the politicians get advantage and privileges from the state coffer but the state hardly cares for the artists and literary figures who make selfless contribution to the society and the country.

The master of the ceremony Ms. Kamala Hemchuri, a noted Dalit woman activist also remembered TR by expressing her views and incidents that she had with him. She remembered him for the inspiration that he gave during 2044 to raise fund for the Dalit scholarship.

Report by:
Hira Vishwakarma

Kathmandu, May 13- The the second meeting of a committee of Dalit CA members and RDN+DSDC consortium took place in Kathmandu today. The purpose of the meeting was to discuss the current situation and how best we can raise our issue and make constituent assembly and its committees heard. Out of six CA members five were present and another guest CA member Mr. Sayud Haqe joined the meeting. He is an independent CA member but very good friend of Mr. Biswendra Paswan as well as Dalits. While Biswendra Paswan was doing gherao of rostrum alone, most of the Dalit CA members from all other parties could not support him, but Mr. Haq is one of the few CA members who did it. Whenever he is invited in the Dalit programme he appears and supports the issue.

The last meeting had decided to organize interactions with different thematic committees of CA and to start, an interaction was planned with state restructuring committee and its chairman Mr. Lokendra Bahadur Bista, but due to the very unfavourable political situation that had to be postponed. Now all the CA members present in the meeting reiterated that it is very urgent to interact with all of them. They also informed the meeting that most other groups belonging to Janjati, women etc have already done and we are lagging behind. They are also of the opinion that while big leaders of major political parties are engaged in their political game of forming government, we all need to concentrate our efforts in the constitution making process. By doing so a message will be conveyed to others that Dalits too are not silent, they are doing something too.

The meeting suggested Mr. Hira Vishwakarma to lobby with all the chairman of the different committee by having separate meeting with each of them. They have also agreed to provide necessary support to arrange meetings with them. Upon doing so they will be sensitized and will be willing to come to our interaction programmes more comfortably. From tomorrow onwards Mr. Vishwakarma will make visit and fix dates for the interactions with them. It has also been discussed that the concept paper that each committee has prepared will be reviewed from Dalit perspective and feedback given.

Mr. Vishwakarma shared his initiative to prepare the biographies of Dalit CA members and record their contribution in making the forthcoming constitution pro-Dalit. They all appreciated the idea and committed their necessary support.

One of the members Ms. Laxmi Pariyar could not attend the meeting as she had to go to the hospital, while 5 (Biswendra, Hari, Shambhu, Puran and Shatidevi) CA members and Hira Vishwakarma and Ananta Yatri were present in the meeting along with the guest observer Mr. Haq.

Report by:
Hira Vishwakarma from Kathmandu

The decree order passed by the President Dr. Ram Barun Yadav reinstating Rookmangad Katwal, sacked from the post of Chief of Army Staff (CoAS) by the legitimate government of the Federal Democratic Republic of Nepal is an extra-constitutional act. This act is against the peoples’ supremacy over their National Army, which must function under the directives and orders of the government elected by the people themselves in a parliamentary democracy.

The President as the constitutional head of the country can make an executive order only when he declares the country to be in an emergency situation, which was not the case of Katwal. It is unbecoming for the position of the President to cross his constitutional boundary, betraying the people, serving the purpose of protecting merely an individual Staff member of the government machinery. Clearly, the President must bow down to the people for the wrong he has committed.

Any attempt made to weaken the peoples’ rights such as the Presidential decree to reinstate Katwal means a regressive move impacting negatively on the forwarding looking Dalit rights in the long run. Especially, the Nepal Army must be modernized and put under civilian supremacy for Dalit peoples inclusion in this state defense agency. Currently, Dalits, who make up 20% of the population of the country are almost completely excluded in the ranks and files of the agency.

Report by:
Bhakti Nepal

“Dalits want the government to strictly implement the rule of law in order to throw out the root of untouchability and caste-based discrimination.”

“The Durban review conference is very important, and it may enable the Dalit movement to put its voice very strongly at national and international fora to promote Dalit rights in the new constitution of Nepal. “

- Bharat Nepali

The anti-racism Durban Review Conference in Geneva, Switzerland concluded with a global agreement aimed at achieving real changes in the fight against racism. The review conference from April 20-24 assessed the progress made since the 2001 World Conference against Racism (WCAR) held in Durban, South Africa. The previous Durban conference had led to the adoption by consensus of the Durban Declaration and Programme of Action (DDPA), which is the most important framework in combatting racial discrimination. Nepali Dalit representatives from both the government and non-government sectors participated in the review conference.

Obligations

The participation of Nepal in the conference is expected to make very significant contributions in promoting Dalit rights while preparing the new constitution. The new constitution should act as a roadmap in helping Nepal meet its international human rights obligations to secure Dalit rights and their meaningful participation in the political, economic and social life. Nepal’s international human rights treaty obligations include: ensuring non-discriminatory access to citizenship, the right to equality and non-discrimination, civil and political rights, the right to be free from torture and other cruel, inhuman acts, and the right to a remedy for human rights violations.

Although Nepal has made commitments to international treaties and conventions in terms of providing justice to those whose rights have been violated, Dalits are more a victim of caste-based discrimination and the practice of untouchability. Neither the government nor the civil society has been able to put the instruments of the declaration and programme of actions as committed in the WCAR 2001 into practice. The practice of caste-based discrimination and untouchability is rampant in Nepal. For instance, Ms. Kalli Kumari B.K. was accused of practising witchcraft by the villagers on March 20 in Lalitpur and mercilessly beaten up, besides being humiliated in public.

Most recently, Sunita Biswokarma, a Dalit woman from Sindhupalchowk district who is temporarily living in a rented room at Kapan, Kathmandu was beaten with a rod by the local people. The incident erupted after Sunita touched a public water tap, rendering it “polluted”.

At the initiation of the Dalit civil society and media, action is being initiated to provide justice to Kalli Kumari and Sunita. The district administration office and police have shown reluctance to punish the culprits. In spite of repeated requests, the authorities have failed to take any action against the culprits involved in those cases. While it is a failure of the state to punish criminals, this is only helping to promote impunity against acts of discrimination against Dalits.

Impunity especially in caste-based discrimination is widespread and increasing by the day. The state has not adopted any measure to end the difficult situation of impunity in the society. The WCAR declaration has urged states to take all necessary constitutional, legislative and administrative measures to promote equality.

Despite heavy civil society pressure at the WCAR, there was, however, no reference to caste-based discrimination in the final document of the Durban Declaration and Programme of Action. At the Durban review conference, there was active participation by Dalit activists from Nepal and India who were expected to play a leadership role in placing the caste-based discrimination and untouchability situation in the international agenda. Although the conference outcome represented another concrete and bold step in advancing the global struggle against racism, caste-based discrimination could not be included in its document.

Along with the recommendations and analysis of the Dalit movement in Nepal, Dalits’ participation in the review conference from Nepal was seen in the present context of lobbying for Dalit’s rights. It may provide Nepalese lawmakers with tangible means to demonstrate the country’s commitment to equal rights under international law. Strong pressure is needed at the national and international level to promote Dalit rights in drafting the new constitution. That’s why the Durban review conference gave a clear message to sceptics that the world remains united as we conduct this struggle, a struggle that requires the participation of all who care about promoting the rights of all individuals and communities.

At any rate, Nepal should stimulate the existing laws to ban untouchability and enforce accountability to those who violate human rights. But there is no strong implementation strategy yet and the state lacks the appropriate monitoring and evaluation mechanism to ensure that all steps are taken properly to ban untouchability. In the absence of an implementation mechanism and rule of law, the government machinery is unnecessarily influenced by the so-called high caste people.

If the rule of law is to be respected, the government should take rigid legal action immediately against those who encourage untouchability. Dalits want the government to strictly implement the rule of law in order to throw out the root of untouchability and caste-based discrimination.

Policies
At length, the Durban review conference is very important, and it may enable the Dalit movement to put its voice very strongly at national and international fora to promote Dalit rights in the new constitution of Nepal. Unless Dalit rights are guaranteed in the new constitution and subsequent laws and policies are made to promote them, the violation of Dalit rights will continue in Nepal.

[This article published in The Rising Nepal on 7 May 2009]