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Defy NGO Code
By ARJUN KARKI
On 10th November 2005, the Social Welfare
Council under the Ministry of Women and Social Welfare issued
a Code of Conduct for Social Organisations. Its three-line
preamble says that the Code of conduct is formulated to make
social organizations' contribution to social development more
'dignified', 'structured' and 'effective.' But the provisions
therein contradict the claim mentioned in the preamble. As
one browses through the text, it becomes very clear that the
Code camouflages government conspiracy against the operation
of NGOs and civil society organizations (CSOs) in Nepal.
Needless to mention, the current government
is at odds with NGOs and CSOS mainly because they did not
stop reporting cases of human rights violations despite direct
and indirect government warning. Contrary to the current government's
stance, they have strongly raised their voices for a peaceful
solution of the Maoist insurgency. They have stood against
increasing militarization and the demise of civil authority.
Most important of all, they refused to kowtow to the authoritarian
design of the government.
The NGOs and civil society organizations
have already declared that the Code will be strongly defied.
The NGO Federation of Nepal-the umbrella organisation of over
2,600 NGOs actively operating throughout the country-has started
a campaign of defiance by burning copies of the Code in various
cities, including in Kathmandu, despite police intervention.
The Federation is set to introduce a series of other programs
of defiance in future. Similar protests have been initiated
by other umbrella organizations, such as the Nepal Federation
of Indigenous Nationalities (NEFIN), Federation of Community
Forestry Users Group Nepal (FECOFON) and Federation of Nepalese
Journalists, in defiance of the Code.
Why have these organizations decided to
do so?
First, only concerned organisation or a
community of organisations can develop a code of conduct 'internally',
to regulate its internal modus operandi. For example, the
NGO Federation has developed its own code of conduct, developed
through a participatory process engaging all constituents
from the centre to the district level. Other federations have
also developed various forms of operating guidelines.
The government-formed code of conduct contravenes
this principle of 'independence' of non-government functioning.
It wants to reduce NGOs and other civil society organisations
to merely an arm of the government, an ulterior design aimed
at exterminating the vibrant civil society that has firmly
stood against the suppression of freedom and liberties and
against 'hate propaganda' unleashed by the current government.
Second, we are engaged in the politics of
difference. It is not party politics. It is not power politics.
It is the politics of people's empowerment for social transformation.
We work with the people to prepare them for challenging authoritarian
politics, exclusionary policies and the politics of lie and
hatred. This Code of Conduct has been issued to deter us from
engaging in such kind of politics. Authoritarian politics
hates people's empowerment and social transformation for the
obvious reason that empowered people do not accept authoritarian
propaganda.
Third, we believe in constitutionalism and
in the rule of law. The rule of law is the bedrock of democratic
politics. Since we are by nature opposed to the manner in
which the current government has been put in place, we are
deliberately targeted by this regime in order to intimidate
us and coerce us to obey its diktat. But we do not accept
this. We hate militarism as much as we love democracy. We
are living in the century of democracy; kowtowing to any form
of authoritarian decree brings nothing but shame on us.
Fourth, the Code is ridiculous. It has provisions
that can attract multiple interpretations and are aimed at
preventing NGO activists from their right to expression as
well as monitoring and reporting of state violations and excesses.
For example, provision 3.3 warns social
activists against 'activities guided by party politics', the
principle that forms the bedrock of NGO activism in Nepal
since the very beginning. Such clause is indicative of the
fact that standing against any wrongdoing of the current regime
would be tantamount to 'party politics' for the current regime.
Similarly, provision 9.4 prevents social
workers from passing relevant information to concerned institutions.
Anything human rights organisations would say vis-à-vis
human rights violation could be interpreted as 'wrong information'
as per this provision.
Provision 10 bars social organizations from
implementing programmes that aim at making people aware of
unjust and unequal social relations, cultural practices and
ethnic-based and gender-based violence. Provision 11, which
deals with the utilization of financial resources, is equally
vague and contradictory. The most malicious and condemnable
are provision 14 and 15. Provision 14 bars an individual from
disclosing 'information classified as confidential.' Provision
15 is about kowtowing to the 'policy, programmes and conduct
related provision' of His Majesty's Government of Nepal.
That NGOs have played a crucial role in
social development of this country is a given fact. They have
contributed to social and human rights awareness and community
development and have assisted in the process of democratization
of Nepali society. It is because of the NGOs and civil society
organisations that a system of human rights monitoring is
in place at present.
NGOs did not start working in Nepal because
they were told to do so by the government. Rather, they chose
to help the government in institutionalizing human rights
and democratic values while warning them against derailment
of these values.
Let us make it very clear that we, NGOs
and civil society organizations, are fully committed to transparency
and accountability. Let everyone know that we are open to
anything that helps us institutionalize transparency, accountability
and good governance.
But we do not accept anything that will
destroy our independence or impede us from pursuing our avowed
goals. Thus, we do not accept the malicious Code of Conduct,
which is aimed at destroying our independent identity and
impede objective functioning. Let it be known that we are
prepared to fight till the end for the cause of human rights,
social security, professional autonomy and independence. We
will stand firmly to protect our independence from any ulterior
design. As long as people are with us, we will continue to
prevail.
(The writer is the Chairperson of
the NGO Federation of Nepal)
Source: The Kathmandu Post -November 22,
2005
Nationwide protests against curbs on
NGOs
Himalayan News Service
Kathmandu, November 11:
Activists of the non-governmental
organisations today held nationwide
protests and burnt the copies of the code of conduct enforced
yesterday
by the Social Welfare Council of the Ministry of Women, Children
and
Social Welfare, against the social organisations.
In Kathmandu, the NGOs Federation had planned
to take out a protest
rally from Maitighar but it was cancelled as the police did
not allow
them to do so citing the King's scheduled departure for Dhaka.
President of the NGOs' Federation of Nepal, Dr Arjun Karki
said two
central members of NGOs Federation of Nepal - Bhagawati Chaudhary
and
Durga Thapa - were among seven persons arrested while trying
to burn the
copies of conduct code in Rajbiraj. Others arrested include
members of
Saptari chapter of NGOF Binod Dev, Junga Bahadur Singh, Prakash
Kumar
Khatiwada, President of Free Students' Union of Mahendra Bindeshwori
Multiple Campus of Rajbiraj, Sameer Kumar Jha and former president
of
FSU of the same college, Dinesh Kumar Yadav.
In Pokhara, Nepalgunj and Dhading, copies
of the conduct code were
burnt. In Bara, a meeting headed by the president of the NGOs'
Federation's Bara chapter, Bishwo Nath Chaudhary, decided
to call a
meeting of NGOs on November 24, said Roshan Raj Aryal of the
NGOF.
The code of conduct prevents social organisations from taking
part in
political activities and disseminating information they have
gathered,
among other curbs.
Addressing a protest meeting organised at
New Baneshwor, Dr Karki said
the code of conduct was an attack on "universal identity,
autonomy and
independence of social organisations."
President of INHURED International Dr Gopal
Krishna Siwakoti told The
Himalayan Times that the new code of conduct was a violation
of rights
to form organisation, freedom of expression and information.
He said it was also against the international convention on
human rights
and covenants to which Nepal is a signatory.
Gauri Pradhan, president of CWIN, an NGO
working for street children,
said the code of conduct was aimed at killing the spirit of
the NGO
movement. He accused the government of dismantling all institutions
developed since the restoration of democracy in 1990.
President of the Federation of Nepalese
Journalists Bishnu Nishthuri
said the autocratic government wants to make the people deaf,
dumb and
blind by imposing the draconian media ordinance and code of
conduct for
NGOs.
Source: The Himalaya Times (November 12,
2005)
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Mechanical hero
NARESH NEWAR
Krishna Thapa Magar is definitely an inspiration
for the victims of conflict. While many in Sankhuwasabha run
away from their villages for safety and a better life in the
citiy, he chose to stay in Khandbari and start a new life.
And after years of struggle, he has established himself as
a successful motorcycle mechanic.
Four years ago, Krishna fled his remote
Num village to escape Maoist recruiters. With the help of
NGO Rural Reconstruction Nepal, he took a three-month course
in Urlabari sponsored by British Aid Ministry DfID. In a short
time he started his own workshop with a grant from DfID and
today he makes more than Rs 5,000 every month.
"There is so much work and the demand
is growing," says Krishna as he repairs a Japanese trail
motorbike. When he started his business three years ago there
were hardly 30 bikes in the area and he had no idea if he
would succeed. Today the number of motorcycles has more than
doubled. Porters carry them all the way from Leguwa VDC to
Kurlingtar, a nearly two-day trip with the unimaginably heavy
loads.
"I'm glad that I did not go to the
city as I am now making more than I could dream of,"
says the optimistic Krishna. "I want to train as many
young people as I can so that they can also start their own
workshops," adds the only mechanic in Khandbari, the
district headquarters.
The 35-year-old believes there is always
hope for the area's young men, mostly from the Magar and Rai
communities, those most targeted by Maoist recruiters. "At
least now my children are safe and will have a better future.
I hope the same for other youths of the district," adds
Krishna, whose two sons and daughter are studying in a private
boarding school in Khandbari.
Formerly a farmer who quit school at the end of grade eight
to support his family, the mechanic now employs local people
to help in his workshop. Already a number of young men are
working as his interns in the hope that they can also start
their own workshop one day.
Source: Nepali Times
[30 September -7 October 2005]
Defying
Maoist threats and official indifference <TOP>
NARESH NEWAR in SANKHUWASABHA
Fear
does not seem to move 85-year old Ram Bahadur Rai anymore.
"We're just too exhausted. There is nothing we can say
to make them leave us alone," he fumes, referring to
the Maoists.
As the oldest member
of Yafu village, five hours from Khandbari, Ram Bahadur tries
to convince the young people to focus on developing their
village instead of running away. "Who's left to take
care of our village?" he asks.
But Yafu (pictured)
has become a beacon of hope in these lush green hills of eastern
Nepal because despite fear of Maoists, every household is
involved in community service. Fifty villagers contributed
Rs 200,000 and their labour to complete an irrigation canal
with support from the British aid ministry DfID and technical
help from the NGO Rural Reconstruction Nepal.
"Now we know
so much can be done if we work together," says female
farmer Bishnu Rai, who believes villagers could accomplish
even more if both the Maoists and the government left them
alone.
So far the government
has been quite successful in that. The money budgeted for
this village remains unspent in Khandbari's district office
where secretaries from 33 VDCs sit around without much work.
The villagers have
also started asking local Maoist leaders when they will start
spending on development. "I asked them once and they
said that this will happen only after their war is over, wonder
when that will be," muses Iswar Rai. Since the villagers
have to pay taxes to the Maoists, they feel they have the
right to ask those questions. The Maoists, however, are quick
to interrogate locals whenever they begin a new project with
the help of NGOs. "Starting any project without prior
notice would be a grave mistake," says Iswar.
NGO activists also
feel the pressure. Many pay a monthly tax of about 10 percent
of their salaries to the Maoists. "No one gets away even
if they live in the protection of security personnel in Khandbari,
they know how to contact everyone," explains Narab Bhupal
Rai from the Sili Chong Club that works with communities in
remote VDCs.
To set an example,
the rebels even prevented some NGOs from continuing projects
in remote areas. So far they have not been so successful in
Jaljala, where villagers recently warned Maoists that if an
agricultural project were shut down, they would be forced
to take up arms against the rebels.
Although things aren't
as bad here as in midwestern Nepal, Sankhuwasabha lacks electricity,
healthcare delivery is poor, literacy rates are still low,
water supply is scarce and agricultural production is low.
"We have only
ourselves to depend on, the government is not even doing the
most simple things," says Rajesh Shrestha, one of the
few young people still left in Sattimure village. Many of
his friends fled to the cities after Maoists pressured them
to join the movement. Rajesh, 18, is the only person here
attending high school and also raises goats.
"We have to be
self-reliant and try to survive for the sake of our children,"
says local teacher Man Bahadur Rai from Yafu, "The poverty
has actually made people so desperate they are in a do-or-die
situation." In June villagers of Nung VDC refused to
give in to Maoist demands that each household pay Rs 15,000.
"They didn't care at all and told the rebels that they
won't pay a single paisa no matter what the consequences,"
recalls Narab Rai.
The spirit of self-help
runs across the district. Locals contributed money and labour
to build a 22-km road from Tumlingtar to Syang Khola for which
the government has invested nearly Rs 3 million.
Says Mina Gurung,
who trains women in Sitalpati, "There is a long way to
peace so we keep ourselves busy trying to make our lives better
in whatever small way we can."
Source: Nepali Times [2-8 September 2005]
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Food insecurity gets worse
Gopal Tiwari
Kathmandu, May 31. The ongoing political
conflict in Nepal has severely affected food security as people
have been facing problems related to mobility of goods and
services, access to food grains and reduced market activity.
This has largely affected producers, consumers and middlemen.
Due to shutting-off of food distribution
channels like government organisations, INGOs and other agencies,
the supply of foodgrains had been severely hampered.
A recent research prepared jointly by Jaganath
Adhikari and David Seddan mentioned that conflict has disrupted
local economies which is a significant factor in affecting
food and rural livelihoods. They have reported that local
harvests are limited and demand has increased while the mechanism
for 'food distribution' has broken down.
Conflict has been hurting the livelihoods
of villagers in Mugu district of Karnali zone in particular,
says the report. "Conflict has led to restrictions in
the mobility of people which has turned out to be a 'major
setback' to these people for whom mobility is the main source
of income and ploy to meet food deficit."
The study shows that with the current conflict,
new risks of being threatened and attacked are becoming more
visible. "The cases of extortion, robbery and other direct
menaces to livelihoods are gaining momentum." In Humla
district, many people have fled from their villages owing
to insecurity. It has affected farming there greatly.
For the majority of Nepalis in rural areas,
livelihoods are at risk and uncertain. Research portrays a
pathetic story of a declining trend in food production due
to conflict and displacement of small landowners and the impact
has been severe on agricultural production.
The combined study on Rural Reconstruction
Nepal (RRN) by David Sedddon and Jagannath Adhikari says the
food security situation is likely to be very precarious in
remote mountain regions such as Mugu district and other parts
of upper Karnali. Political insecurity has been a fuelling
environmental and economic insecurity generally experienced
by poor rural populations, increasing their vulnerability.
Professor Bishwmabher Pyakurel, president
of Nepal Economic Association (NEA) commented that food security
in Nepal is being threatened by increased conflict, breakdown
of traditional trade and restrictions on the movement of goods
and services.
A study done by Prof. Pyakuryal, for International
Food Policy Research Institute (IPFRI), Washington DC states
that Nepal's cost of production for foodgrain is higher than
India's, while the market price of Indian food products are
less than what Nepal offers. Pyakuryal informed that due to
conflict, over 600,000 involuntary rural migrants have moved
to urban centres, district headquarters and gone abroad which
has severely increased the risk of food insecurity here.
However, food security expert and agricultural
extension specialist Dr. P.B. Singh, giving his comments,
said that conflict alone did not contribute to the increasing
food security problem. But it has aggravated the problem further.
Source:
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Civil liberties continue to be jeopradised
in Nepal: Dr. Karki
President of NGO Federation of Nepal,
Dr Arjun Karki, has said civil liberties continue to be jeopardised
in Nepal.
Addressing a panel that comprised representatives
from the European Commission and the Council of the European
Union in Brussels late last week, Dr Kaki stressed the fact
that many of civil society leaders, human rights defenders
and democratic political leaders were still not allowed to
leave Kathmandu valley. He therefore saw it as his mission
to speak up for defending democracy and human rights in Nepal.
In his presentation he advocated for a peaceful, democratic
solution to the serious political crisis.
"We must not wait for thousands more
people to die – we need action, and we need it now,”
he said.
On the involvement of India, Dr Kaki called
for a more differentiated and cautious approach. He expressed
serious concern about the resumption of military co-operation
between India and Nepal and emphasized that this might result
in increased and ever more serious violations of human tights
in the Himalayan kingdom.
While recognising the important role of
India vis a vis Nepal, he emphasized that, “one must
not rely too much on India. India, as any other country, has
its own national interest and therefore its own agenda.”
For this reason, it is of crucial importance that the US and
the EU do not solely rely on India when it comes to helping
Nepal, he said.
Dr Kaki also mentioned the role of women
in the conflict. “Women are one of the hardest hit group
in Nepal. Not only are they being militarized, they often
are victims of specific kinds of torture. He also stressed
that the conflict has led to an increase in women being trafficked
out of Nepal and sold into the sex industry and has strongly
contributed to an alarming increase in the rate of HIV/AIDS
infections, according to a statement sent to Nepalnews by
e-mail.
Mrs Teerink, desk officer for Nepal at the
European Commission, said that the situation in Nepal was
a “cause for great concern” in the Commission. She
emphasized that the Commission is calling for a “concrete
roadmap for a return to Constitutional Democracy” to
be drawn up and that it is crucial to have an integrated and
co-operative response to the crisis in Nepal.
“It is necessary that the EU closely
cooperates with the United States and India” in order
to facilitate the resolution of the conflict. “Nothing
can be achieved without the help and support from India,”
she said.
Mrs Reckinger, responsible for Human Rights
in the General Secretariat of the Council of the European
Union, stressed that any solution to the conflict must include
all the actors involved including civil society organisations
and the United Nations.
In her concluding remarks, the chair of
the conference and director of Europe External Policy Advisors,
Mirjam van Reisen, noted a strong level of understanding and
a willingness to find a peaceful and swift solution to the
unfolding political crisis in Nepal amongst the members of
the panel.
A report prepared by Forum Asia monitoring
the 100 days after the royal takeover was also launched on
the occasion. nepalnews.com by May 15 05
7 more die in flood fury
RAUTAHAT, July 13 - At least 17 people,
many of them children, died and another six remain missing
today as the weeklong incessant rains and flood continued
to take a heavy toll on lives and property across the country,
according to reports pouring in from different districts.
Six persons including five children and
an old woman died in Rautahat. Children between 6 to12 years
old were drowned when the surging river waters from Bagmati
and Lalbakaiya entered the villages.
Two each died in Udayapur, Morang and Siraha
and one in Sarlahi, according to reports.
Two persons, including a three-year-old
child died in Mahottari’s Shripur village while two women
died yesterday night in Morang.
Reports from Sindhuli said a body, buried
in the landslide, was recovered in Sitalpati Village of Sindhuli.
Police said the body of a child, who had
gone missing in the flood since Saturday, was recovered in
Rajbiraj today morning. Another person’s body, who went
missing in Makwanpur’s Simanta VDC –7 was recovered
in Hanuman Nagar along the Nepal-India border.
Reports from Salyan said at least 500 houses
had their drinking water supplies cut off after the landslide
washed away a water pipe in Lekh Pokhara VDC. Leasehold Forestry
Program and Rural Reconstruction Nepal had donated the
drinking water pipes.
In Makwanpur, the flood rendered 350 people
homeless and submerged 13 VDCs. The homeless are currently
taking refuge in local schools. They are surviving on beaten
rice (chiura) distributed by the government.
Victims on Monday surrounded Dr Banshidhar
Mishra, state minister for health and Bimalendra Nidhi, education
minister, citing that the relief materials they distributed
were inadequate.
Madhav Kumar Nepal, CPN-UML general secretary,
Purna Bahadur Khadka, home minister, and Dr Bansidhar Mishra,
minister of state for health, were supposed to visit the affected
area in Rautahat today and distribute the emergency relief
materials. But their empty promises have angered the victims
who surrounded the VDC office in Nijgarh demanding the relief
package.
Reports from Hetauda said the landslide
washed away the 25-km-long road from Gadi VDC –3 Barbot
to Thingan Bazar along the Kanti Rajpath in Makwanpur. Two
bridges were wrecked completely while an empty passenger bus
remained stuck somewhere, eyewitnesses said.
Source: The Kathmandu Post (July
14, 2004)
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