OPINION
Beyond Balen and Rabi
Can the political messiahs lead their disillusioned flock to the promised land?
- BISHAL THAPA
Balendra (Balen) Shah and Rabi Lamichhane burst into Nepal’s rugged political landscape like two messiahs in a hurry, offering a tantalising promise to lead disillusioned Nepalis to the promised land of good governance, zero corruption, development and progress. Nepalis are loving it all. So, we march on, behind our messiahs, towards the promised land.
Shah is the mayor of Kathmandu. In the last elections, he defeated the heavily favoured candidates of the Nepali Congress, Sirjana Singh, and the CPN-UML, Keshav Sthapit, who was also a former mayor of Kathmandu. Although an engineer by training, Shah gained prominence as a Nepali rap artist. Not just any rap, but battle-rap, where
performers freestyle, relying on spontaneity and instantaneous rhythm to outdo other performers. He has carried his penchant for spontaneity into political office.
Lamichhane is a Member of Parliament from Chitwan-2, chairman of the Rastriya Swatantra Party, and former deputy prime minister and home minister. He established the party just six months before the 2022 general elections, and went on to lead it to become the fourth-largest party in Parliament. He won elections twice from the same constituency within just a few months of each other after the courts nullified his first election on the charge that he was not a Nepali citizen. He won with a large majority in both cases. By the time of his second, even larger resounding election victory, Nepalis weren’t asking whether he was a Nepali or not, but whether he was even human at all. Such was the embodiment of his overnight political success.
Like Shah, Lamichhane was a popular public figure prior to commencing his political journey. A journalist who combined tough questions with a focus on cases involving corruption and injustice. He packed in nationalism and editorial monologues into entertaining television shows. For seven years between 2013 and 2020, he held the world record for the longest marathon show on television, lasting over 62 hours in a single stretch.
Balen and Lamichhane bring all the prerequisite traits to succeed in Nepal’s political scene—smarts, ambition, ruthlessness, an ability to read the mood, enough new ideas, marketing capabilities, organisation skills, and the greatest of them all, the gift of the gab. They will no doubt go on to establish long successful political careers.
Nepal has gained two political messiahs who appear to be poised for greatness. But these gains must be equally tempered by what Nepal has lost.
With the transition from civilian to political life, we have lost a talented rap artist. Not just any rap artist but a battle-rap artist. Nepal’s rap cultural scene will never be the same again. We have lost an entertaining journalist. Nepal’s search for the truth, at least ones that unfold in entertaining ways, will never be the same again.
Civil society
The sensational successes of Shah and Lamichhane also exhibit a deeper failure within Nepal.
Shah and Lamichhane both promised significant political changes. Would they have had greater success in achieving those changes if they had worked on those goals as civil society members (a rap artist and a journalist), which they were before, instead of becoming politicians, which they are now? Could they have utilised their prominence and convening authority of civil society members without the need for the state’s political power to achieve those changes?
Yes, and they could possibly have achieved a whole lot more in terms of impact. If every doctor, engineer, artist, journalist, businessperson, mother, father and citizen wanting to bring positive change were to become a politician to achieve those goals, there would be no more citizens, only politicians.
Shah and Lamichhane may have had many motivations for wanting to join active politics. Their right to engage in the political process cannot be restricted or even questioned. Every citizen wishing to participate in the political process directly by contesting elections, or as a party functionary must have the right to do so. For many people with the right acumen, this is also the right profession for them.
But political power is not the only instrument for achieving change. Civil society seeking to deliver change must reject the lure of politics. Politicians run the country. But citizens make the country. We would be much more successful in building a stable political system with a prosperous economy if civil society were able to keep political leadership on track, influence better policymaking, and secure proper implementation. For the country, the political system must work. Civilians, not politicians, are the ones that can get it to work.
Such civil activism requires more than just showing up to vote. It requires active convening, organising and mobilising. Which is why the defection of Shah and Lamichhane to the political establishment is a great loss. Nepal’s civil society is poorly organised and even more poorly resourced. Its organisations lack leadership depth. Those that have the capability to address these challenges are all too busy defecting to the lure of politics.
Civil society participation
The lack of civil society participation represents a large danger for Nepal. Without civil society participation, there is no pressure on the political system to remain accountable. Policymaking becomes very one-sided, with the risk of its being hijacked by a set of interests.
Consider the energy sector as an example. New government and development programmes are designed and implemented every day. A wide range of policies are instituted. Nepal, for example, is seeking to sell electricity to India and Bangladesh. There are policies providing free electricity for certain households. Electric vehicles receive the benefits of low import taxes. These are only a small subset of the large number of policies that are instituted daily. It is the same across other sectors.
These policies and programmes, however benign or trivial they may appear, lock Nepal to specific development and strategic pathways. The absence of civil society engagement in these decisions means that the state has a monopoly over the rules and narrative. There is no counterforce pushing back against political influences in the policymaking process or in the selection of strategic pathways.
Civil society participation is equally important to fill gaps. In the electricity sector, again, as an example, Nepal is in need of an amendment to the Electricity Act and a new act for distributed renewable energy. Despite many efforts and drafts, political forces haven’t aligned to push these acts to Parliament. Civil society can, should and must play a role in enabling such legislative changes.
It may be tempting to believe that benevolent honest leaders wielding political power will deliver us to the promised land. We should prepare for disappointment, or at the minimum, tone down our expectations. More than politicians, the biggest power for change lies within us—labourers, farmers, businesspersons, mothers, fathers, brothers, sisters and so on—the fabric of civil society that is made up of ordinary citizens simply going about their daily lives.
Our challenge is how to organise, resource and mobilise civil society. No easy answer there. But it may be an equally worthwhile consideration than simply betting on political messiahs to lead us to the promised land.
OPINION
Nepal and International Humanitarian Law
The government should identify legal and operational gaps and address them on time.
- KRISHNA CHANDRA CHALISEY
The codification of modern International Humanitarian Law (IHL), also known as the law of armed conflict or law of war, began in 1864 with the adoption of the first Geneva Convention in Geneva, Switzerland. Later, various states adopted the four Geneva Conventions of August 12, 1949, to address limitations and gaps witnessed in the conduct of hostilities in twin world wars. The four Geneva Conventions offer protection to wounded and sick soldiers on land and at sea, prisoners of war and civilians. The 1949 Geneva Conventions were later complemented by adopting the two Additional Protocols in 1977 that covered both international and non-international armed conflict. The Protocols govern the means and methods of warfare.
The Conventions and their Protocols form the key instruments of IHL. Despite the efforts made by the states to avoid or ban war from the ancient period to the modern era, they have failed in all ages. Only the form and modality of war have changed over the years. Now, in many cases, armies no longer face each other on the battlefield; autonomous weapons, cyber warfare and artificial intelligence have changed the battlefield scenario.
Nepal and IHL treaties
All countries, including Nepal, are parties to the Geneva Conventions. Nepal acceded to the Conventions on February 7, 1964. In addition to the Geneva Conventions, Nepal is a party to other IHL instruments, such as the 1925 Protocol for the Prohibition of the Use in War of Asphyxiating; Poisonous or Other Gases and of Bacteriological Methods of Warfare Geneva; the 1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction; the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction; and the 2000 Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict.
Nepal also signed the 2005 Additional Protocol of the Geneva Conventions and the 2017 Treaty on the Prohibition of Nuclear Weapons. Despite persuasive efforts at the national and international levels, Nepal is yet to join the Rome Statute of the International Criminal Court.
The Government of Nepal didn’t accede to additional IHL instruments, including two protocols of 1977, despite the conclusion of the comprehensive peace agreement and the formation of the new government. It was the only common Article 3 of the Geneva Conventions applicable in the Maoist insurgency (1996 to 2006). In addition, Nepal could invoke customary norms, rules and practices. Nepal could have better regulated the conduct of hostilities and offered enhanced protection to the victims with 1977 Protocol II, applicable in non-international armed conflict. During the formal and informal interactions, the representatives of relevant ministries indicate that Nepal needs to wait until the conclusion of the transitional justice process to consider the two protocols. There is a general reluctance to engage on those issues. Globally, Protocol I and II have almost universal acceptance among 174 and 169 state parties respectively.
Officials at the relevant ministries say the Government of Nepal will study the desirability of accessions and make appropriate decisions. However, no such study has taken place so far. Some are skeptical of a need to promote IHL as Nepal does not have any active conflict. But this is a shortsighted perspective. Promoting IHL and adopting legislative measures must be done in peacetime to prepare for potential conflicts. The government should thoroughly study the past conduct of hostilities, identify legal and operational gaps and address them through appropriate measures—developing national law and joining essential and relevant IHL instruments in Nepal. This will enhance the country’s image at home and outside.
Implementing IHL
The International Committee of the Red Cross (ICRC) was instrumental in supporting the government and other stakeholders to spread the knowledge of IHL during the conflict and post-conflict period. The government joined the ICRC to host several national and regional IHL workshops and conferences aimed at civil servants, military officers, police officers, judges and prosecutors and academics. The government, together with the ICRC, hosted the first-ever South Asian IHL conference in 2009, attended by high-ranking government officials. The fact that a country that has just gone through a decade of armed conflict had organised the conference was taken as a positive gesture.
IHL has been integrated into the training and courses of armed and security forces, judiciary and academic institutes. The government even decided to form a National IHL Committee—an inter-ministerial body—under the chair of the Minister of Law and Justice to look at multiple aspects of IHL issues and advise the government accordingly in 2007.
The ratification of a treaty by a state is simply an expression of commitment to comply with the treaty rules. Translation of those rules into practice requires national implementation law. Even after 59 years of accession to the Geneva Conventions, Nepal does not have such a law. Universal jurisdiction enables all states to fulfill their duty to prosecute and punish the perpetrators of war crimes. To make this principle effective, states must establish universal jurisdiction for war crimes in their national legislation.
Without national legislation, Nepal cannot apply the principle of universal jurisdiction. The Geneva Conventions Act drafted by the National IHL Committee some years ago is awaiting final approval before it is referred to the focal ministry. The National IHL Committee is requested to give utmost priority and finalise the draft at the earliest. Nepal has performed well in promotional activities; however, it lags behind in treaty participation and national implementation.
IHL is a regime that applies while concluding Nepal’s transitional justice process in addition to human rights law, criminal law and domestic law. Its proper understanding is limited compared to human rights law. Investigators, prosecutors and judges would require adequate knowledge of IHL.
The International Conference of the Red Cross and Red Crescent, held every four years (this year on August 12), is the topmost body to deliberate on emerging humanitarian challenges and develop resolutions to deal with those, including IHL. The conference is attended by the state parties to the Geneva Conventions and the components of the International Red Cross and Red Crescent Movement. The Nepal Red Cross has the mandate to work for the promotion of IHL and can develop further partnerships with the government for the same. Seventy-four years after their signing, the Geneva Conventions are far from perfect in terms of compliance. All states are expected to adhere to the agreed norms sincerely.
Chalisey served as head of communication at the International Committee of the Red Cross Mission, Nepal.
OUR VIEW
Incentivise good behaviour
People clicking photos of a dying man rather than coming to his help is deeply disturbing.
Social media and legacy media have been abuzz with disturbing visuals of a youth lying on the road, in a pool of blood, after meeting with an accident in Dolakha district. A dozen individuals surround him, some with mobile phones in their hands, looking on or clicking his photos even as he awaits help. As per media reports, neither the public nor the police showed any hurry to rescue Bishwo Raj Shrestha and take him to hospital on time. When Shrestha did get to a hospital, it was too late; he had succumbed to his injuries.
As much as the injuries, the 23-year-old probably died of negligence, for he could have been saved with timely medical attention. In what is increasingly becoming symptomatic of the social media age, Shrestha’s struggle for life and his ultimate death became a spectacle to behold, record and disseminate. The public seems to have been incapacitated by the adrenaline rush presented by content that was certain to go viral on social media. What else explains the inhumane treatment of someone begging for his life as the public chose just to become ramitey, or casual onlookers, rather than Good Samaritan?
There was a similarly disturbing scene near the Pokhara International Airport earlier this year when a Yeti Airlines passenger plane crashed with 72 people on board. The crowd was so busy taking photos and videos on their mobile phones that first responders had difficulty conducting the rescue work. The most obvious explanation for such a spectacle of public insensitivity has to do with the increasingly anti-social human behaviour in the age of social media. Moreover, the crowd seems to take interest in incidents in which they or their close ones are not actively involved in what is a fursad spectacle, an act of witnessing done out of idleness rather than a will to act and make a difference.
The public apathy that is fast undercutting the normative narrative about Nepalis being a helpful and social lot also has to do with how the security system functions in the country. Nepal’s police administration is infamous for its ruthlessness while quizzing the first responders in accident cases. The general public is concerned that an act of selfless help can ultimately be a means for their harassment. A public that does not want to face the interrogation of an unfriendly police system is often guided by the principle of not touching the victim until the police arrive. And in doing so, they lose the crucial moments when the victim’s life can be saved with quick action. Unless the police’s attitude transforms from harassing to incentivising Good Samaritans, we cannot expect people to take personal risks and come out to help.
To deter potential Good Samaritans from looking the other way, the state should come up with a Civic Responsibility Act which incentivises spontaneous public support in cases such as road accidents while also inculcating in the public a sense of moral obligation to help fellow citizens in distress. India, for instance, has a set of guidelines to that effect, whereby those calling the police to inform them of an accident do not need to reveal their identity and can choose whether they want to be witnesses. If they choose to, they can be questioned at a time and place of their convenience and are not liable for civil or criminal liability. A similar witness protection programme can go a long way in inculcating civic behaviour among the public and possibly saving many lives.
THEIR VIEW
Pulling back
Pakistan’s economy is fragile, and the results of facing US sanctions could be detrimental.
Pakistan’s decision to temporarily postpone the gas pipeline project with Iran due to pressure from the US, which has sanctions against Tehran aligns with the country’s efforts to stabilise its economy with assistance from the International Monetary Fund (IMF). Suspending the project could have several implications for Pakistan’s economy. The project was aimed at importing cheap energy which could have helped alleviate energy shortages and reduce energy costs in the country.
Now it must prepare to face continued energy challenges, potentially impacting industries and overall economic growth. Additionally, the decision might strain relations with Iran, a neighbouring country that Pakistan has historically maintained
good ties with. Furthermore, if Pakistan relies on other, more expensive energy sources to meet its energy needs, it could lead to higher costs for consumers and businesses, potentially contributing to inflation. This could pose challenges for the government’s efforts to stabilise the economy, especially because of its present economic struggles.
In the longer term, the decision could also impact investor confidence in Pakistan, as it might raise concerns about the stability of economic projects and the country’s commitment to its agreements. It is important to note that the full extent of these implications would depend on various factors, including how long the suspension lasts, the alternative energy sources Pakistan utilises, and the broader geopolitical context. Pakistan’s decision can be attributed to several factors. It has faced economic challenges for many years and has relied on international financial assistance, including loans from the IMF, to stabilise its economy.
The US holds significant influence over international financial institutions and can use its leverage to influence Pakistan’s economic decisions. The US has imposed sanctions on Iran due to its nuclear programme, which has extraterritorial implications. This means that countries conducting business with Iran can also face US sanctions. Pakistan’s economy is fragile, and the consequences of facing US sanctions could be detrimental, leading the country to prioritise its economic stability over relations with Iran. Pakistan has a history of close ties with the US, especially in the context of its role in the region, including its involvement in the Afghan conflict. Maintaining these alliances might take precedence over certain economic projects. The US is a significant trade partner and source of aid for Pakistan. Trade and aid relationships can be leveraged to influence policy decisions. Cutting off or reducing trade benefits and financial assistance could put additional strain on Pakistan’s already fragile economy.
Pakistan’s foreign policy is influenced by a complex web of regional and international dynamics. Balancing relations with Iran and the US, while also considering its relations with other regional players, can lead to difficult decisions based on diplomatic and strategic considerations. Pakistan might view maintaining a positive relationship with the US as essential for its own national security interests.
— The Statesman (India)/ANN