Wednesday, April 25, 2012

Nepalese civil society in conflict transformation: Opportunity and Challenges.


This essay brings about the overview of the Nepalese armed conflict and civil society in conflict transformation through the lenses of a Peace and Human Rights Practitioner based in Nepal. This essay also tries to highlight about the present challenges and opportunity of the civil society in the post settlement era.

The 1990 constitution of Nepal has been regarded as superior to the previous constitutions; however with the weak implementation it could not properly address the issue of social exclusion and inequalities. Dissatisfied with the state provisions and practices, the Maoists launched a people's war in February 1996, which lasted until the signing of Comprehensive peace accord (CPA) on November 21, 2006 (Tiwari, 2010, p.242).  This has been sustained till now by the election of the constituent assembly in which the Maoist guerrilla themselves took part and got the wide spread success which made them the largest political party in Nepal.

The contemporary literature offers two possible motivations for the origin of the conflict in Nepalese context: Greed and Grievances. The concept of "greed" emphasizes the role of rents, which are occasionally lootable in producing inter-group rivalry for their control- a competitive process of rent-seeking that can descend into outright war. The "grievance" approach is based on a sense of injustice where some social groups are discriminated against, and their grievance could provide a basis for violent conflict (ibid p. 243).

In practice, both motivations exist in Nepalese context and it is difficult for groups to sustain the fighting without historical grievances, ethnic as well as political divide, and socio economic and cultural discriminations. Similarly, the war which was initially started with the "grievance" factor later turned into "greed" once the war produced "new avenues" of profit was evident. Thus, "greed" and "grievance" dimensions are inextricably intertwined (ibid p. 243). 

Conflict transformation is now a leading approach to peace building. Recognizing that conflicts are a key feature of everyday life, this approach combines short-term conflict management with long-term relationship building, and transformation of the roots of conflict (Rupesinghe 1995 cited in p.6 World Bank 2006). A core element is the concept of peace constituencies that aims to identify mid-level individuals and empower them to build peace and support reconciliation (Lederach 1997 cited in p.6 World Bank 2006). It assumes that mid-level empowerment will impact on both the macro and grassroots levels. The key role of third party intervention is to support local actors and coordinate external peace efforts, requiring an in-depth understanding of local socio-cultural dynamics, and a long-term time frame (ibid p.6 2006).

The role of civil society in peace building has gained increased recognition in the last decade. Today the main question is no longer whether civil society has a role to play in peace building, but how it can realize its potential, what are the roles of various actors, what are critical factors and pre-conditions for their effectiveness? Despite great interest in civil society peace building activities, considerable challenges, and doubts about sustainability and impact, there is little: (i) systematic analysis of civil society’s potential, limitations and critical factors; and (ii) guidance on how to support civil society initiatives (World Bank, 2006, p.V). Most of the problems commonly encountered in designing intervention processes centre, in principle, around one question, "Which actor can intervene with which strategies and instruments, and at what time in any particular situation of conflict?"  (Paffenholz, 2004, p. 2).

With the key role of the third party in the conflict, the civil society can be one in any context. Earlier conception of civil society dates back to the Cicero who deliberated upon civilas societas before 400 BC, he was evidently referring to civil society, a society of citizens, who were free and equal participants but had unequal abilities. For the Greeks, the civil society embodied in the polis emerged as autonomous units between the family and the state (Dahal, 2001, p.9). John Locke (1632-1704), who was the first in modern times to stress that civil society, is a body in its own right, separate from the state. Charles Montesquieu (1689-1755) in his model of separation of powers (De l’esprit des lois 1748) distinguished, as Locke, between political society (regulating the relations between citizens and government) and civil society (regulating the relations between citizens), but presents a far less sharp contrast between the two spheres. Jurgen Habermas (*1929) focused his concept on its role within the public sphere. The political system that needs the articulation of interests in the public space to put different concerns on the political agenda, but this function cannot be left entirely to establish institutions such as political parties. (Cited in world bank report, 2006 as Merkel and Lauth 1998, p. 4; Schade 2002, p. 10; Habermas 1992, p. 374 ).

At the same time, civil society in Nepalese context also dates back to Vedic age (around 2000 BC), the age of knowledge and enlightenment (Dahal, 2001, p.15).  Earlier in that era, the moral teachings and stratification based on the caste system were practiced, with major aim of controlling the social order. After the rise of nation/state concept in Nepal and the 20th century democratic governance different associations came into national policy frameworks hence strengthening the role of civil society in the public sphere.

While in the analysis of conflict actors and its roles, The Pyramid analysis brought forward by John Paul Lederach in 1997 elaborated the types/ identification and approaches/roles of the actors involved in the peace building process which seems very relevant and true to the Nepalese context. However, without the through analysis of the actors and relevance in the changing context it will not make it applicable and effective.

This theory was conveyed and contested in my personal work that I am doing in Collective Campaign for Peace (COCAP)[1], and tried to relate the identification and roles of the organization in the broader picture in the trainings, strategic planning meetings and interactions. Most of the instances, the participants agreed that we "COCAP" are some where in the lower half of the mid level or upper half of the Grass root level.

It was also widely agreed that our major role is to represent the Grass root level  and bring about the voices of the change to the Top level leadership . However the major challenges faced are with the realization of the position where we actually are, as well as the activities that we are doing still might not often make the  Top level leadership  realize about the aspirations of the grassroots. In this context, the proper strategy as well as changes according to the time and context is needed which has been the conclusion of that discourse.

During the armed conflict too, the role of Nepalese civil society became more active with the need of the time and context. The activities then included Human Rights violation documentation and reporting, support to the internally displaced persons, widows and particularly children. The relief work and the psycho social support became the vehicle for the victims as well the people who wanted to do some thing in that situation. The relentless work and effort particularly in the CSO and NGOs with some motivated social workers, the whole discourse and movement of the "civil society" started to become visible in the context of Nepal. These actors became more active and started to get involved in pressurizing macro level political scenario through mass rallies, peace marches and negotiation/mediation, with continued micro level relief and psycho social support in the community level.  

The role of the Nepalese civil society has widely changed from the context of the armed conflict to the post settlement phase. Much debate now has been concentrated on its roles in the particular given context. Role without context is rather ambiguous. The role of the peace builder as mediators, facilitators as well as the pressure group was one example that was lead by the civil society in the pre post-settlement era of the armed conflict in Nepal. The negotiations between the armed Maoist and the government that failed before the inception of 12 point agreement that actually bought the fighting rebels to the mainstream politics and the down fall of the age long monarchy system in Nepal were initiated monitored and even pressurized by the Nepalese civil society. After the conflict was resolved which was lead by the people's movement II was also one event where there was the heightened role of the civil society was seen. It was the time when the leaders of civil society gained acknowledgment as political leaders, resulting in the mass arrest by the state in the heights of the movement.

After the Constituent assembly election, the major challenge which was seen in the civil society sphere was that of fragmentation within it. The major reason for the split was that of political inclination as well as agenda difference. During the time of the later years of the conflict when the monarch was active, the common enemy for all was "monarchy" however after the republic, the rise of power of the political parties lead to the fragmentation of the civil society. During this time, the role of the civil society as one of the pillars for the reconciliation could not be kept by them resulting in the fragmentation of the society itself in the line of ethnicity and regional background.

In the time of the conflict, these actors found relatively ease while working in concept/ideas and difficulties in the functioning, where as in post settlement phase, it has been reversed, there is relatively safer environment making it easy to function but with out proper direction, motivation, strategy and the "very role". It makes the situation widely evident where the political voices are only voices that are heard. This also includes many disagreements, dis-resolutions and dis-settlements. The post settlement context has been highlighted by the conflict of interests between the political parties who are in power about the major contentious issues of the peace building process from the people's liberation army integration in the national armed forces to the constitution making process, hence limiting the role of civil society. The mainstream political context has dominated so much every walk of life that it has left little space for any second actor including the civil society.

References:
  1.  Barnes C 2005: Applied Conflict Transformation Studies Readers (Theory of Conflict: causes, dynamics and implications), Responding to conflict UK.
  2. Dahal D R 2001: Civil society in Nepal: Opening the grounds for questions, Centre for development and governance Kathmandu Nepal.
  3. Lawoti M and Pahari A (Eds) 2010: The Maoist insurgency in Nepal: revolution In the twenty first centuries, Rutledge New Delhi. India (Chapter VII, Identifying the causes by Biswa Nath Tiwari, p. 239-257)
  4.  Paffenholz T 2004: Designing Transformation and Intervention Processes, Berghof-handbook, Berlin Germany.
  5. Ramsbothom O & Woodhouse T (2005): Contemporary Conflict Resolution (Second ed.). UK: Polity press.
  6. World Bank Publication Social development papers (Paffenholz T and Spurk S) 2006: Civil Society, Civic Engagement, and Peace building, Paper No. 36 / October 2006.
  7. World Bank Publication, 2006: Civil Society and Peace building: Potential, Limitations and Critical Factors, Report No. 36445-GLB.


Websites sources
  1.    http://reliefweb.int/node/219161 downloaded on 15th April 2012 (Comprehensive peace accord 2006 Nepal)



[1] COCAP is a national network of peace and human rights non-governmental organizations in Nepal. It started as a loose, informal forum in June 2001 and was registered with the government of Nepal as a nonprofit and non-political network in December 2002. Currently, COCAP has 43 member organizations. COCAP aims to provide a common space for its members, volunteers and friends to collectively engage in the pursuit of peace, human rights and justice in Nepal. 

Changing dimensions of culture.....



While I start to recall my early days of childhood, one thing that comes to my mind is that feast/festival of Indra gatra[1]. While I was a kid, I used to go to my mother’s house situated around basantapur area, I always wanted to see that chariot of Kumari and rich tradition carried and showed in the names of either chariot, or that white elephant of other god dances/ devil dances. The decade early the social networking where people find their friends, their loved ones in one of those feast but the days now have changed. The whole social dimensions of the networking has been replaced by the single word naming “E”. Everything has started to be replaced by this nasty brutish but not short “E”. I still wonder why this “E” is Internet.

No one would have thought in the early 19th century with the invention of computer that there could be networks built with this invention. That people will be such dependent to it.  While the social networking as defined by scholars and renowned sociologist has been a “thin line” in the societies not necessarily is seen with the naked eyes. This invisible line and the network of the internet could make such an impact on the society, in commerce, in the field health, in politics and just another few names. Every aspect of human lives now has been controlled by this nasty brutish but not short “E”. Everything that you need is just a “clink” away from you, of course if you have a computer and an internet connection to it. While societies poor or rich, a family that has a strong or weak social status, a country that is listed “a First World” of “Third world” one thing they all have in common is that they all have computers, they have the network and that effects of E-networking where people meet people for various reasons. Where people become even closer in the internet than in the crowd of Indrajatra, with out even being physically close. While the Audience all-round the New road Kathmandu are busy felling that vibrant colorful crowd the same feeling of liveliness, rejoice and charisma is transferred through clicking the net in New York in America. The social networking of the internet has created SMART niche, whether to find a job, find a life partner, find suitable education, find medication, find meditation, finding business, recreation or may be more that one mind or body can desire. The world has become a small place where the desires of people now no longer need to wait; they spend thousands of years to divide themselves in different lines of caste, creed, race, religion, ethnicity, gender and so on. With the options produced by the E-networking and E-marketing now these diverging dimensions have started unite together and the people are becoming a subject governed by this power called “E”. The government that is more powerful than popularly elected government of a strong county, of a consortium of nations of continents, or that world organization that recently had their 64th general assembly. The power generated here is by an individual person like you, like me, or any other person seeing their horizon in the internet, hoping to click the right click in the right time.    


[1] A famous festival of King of Loads of Hinduism, celebrated in Kathmandu in the Month of September when the chariot of only living godess kumari is shown across the cities in and around Basantapur area. 

“CAUGHT IN THE MIDDLE- A PSYCHO SOCIAL CONDITION OF A CHILD IN THE ARMED CONFLICT IN NEPAL”



During the data collection phase of my research “The psycho social problems faced by the armed
conflict affected children- a study in an institution” I came across different interesting cases. This
case study is based on one of the most interesting and different cases that I observed at the
institution based in the mid western region in Nepal, believed to be the most affected region in
the whole country.

A girl aged 12 years, studying in grade 6, had been forced to take refuge at the protection home
for almost a year. According to her, she was living a wonderful life with her family, which
consisted of her father, mother, two sisters and a brother. She used to go to the private school at
the village; the days were the most interesting days of her life time according to her. She still
remembers the days she spent with her parents and siblings at her village. The village that was as
beautiful as other villages of Nepal. She used to have a good life as her father was a teacher at a
local school, along with the agricultural support her life seems to run normal until one day her
father was abducted by the security personnel accusing him of being Maoist. She shared with me
the pain and grief that went through her and her family members when her father’s body was
refused to give to them for the funeral.

At the institution, she stood one of the smartest children that I came across during my stay there.
She was the house captain for all the girl members. She had been taking good responsibility and
leadership to look after other children who were like her.
I still remember the day, when I was taking her interview for my research on the roof of that
institution she was based. On the sunny day, of a chilly winter day in September just after I
finished my interview with her, she came up to me with interview schedule just like mine to take
my interview. In my interview with her being the interviewer she raised some pertinent
Questions to me like:

· What are your expectations to learn from children like us?
· What can you do to help children like us?

This was indeed a difficult question to be answered by me at that moment. But indeed, that was
quite creative and more than impressive for me. That day was one of the most interesting days
for my research days. Then, I thought of the learning capacities that this child had. At that
moment I remembered the old Nepalese saying (Proverb) “a child’s mind is like raw clay of a
potter which can be shaped to make anything then I thought about all the incidents that might
have taken place in her life and how it can, or might have shaped her delicate mind. How can
that shaping affect her life and perceptions that she has, affects her as she grows young, younger
than she can be? Actually, it is happening with all the children in the context of an armed conflict
in Nepal. She was a victim of the state perhaps that’s the reason she always had a negative
connotation on the state. This was indeed detected very well by the Maoist rebels and later
exploited by them. They took her to different programs organized by them to share her
experiences about the violation of Human rights by the security personnel and state. As she had a
good capacity to speak out and express herself, the Maoist used her as their propaganda. She
always felt and debated within herself whether the things that she has been doing was right or
wrong. She used to feel that she should have been focusing on her studies rather that those
things.

As her mother detected that vulnerability, in addition it was also getting more that difficult for
her to look after four children. So she took her along with her younger sister to the institution
with the help of local district children committee and the institution itself. After being
institutionalized, she along with her sister had been visited by the family members only twice.
For that reason she felt very isolated and lonely. She cried and stayed alone whenever she
remembered her family and those days spent with her deceased father. The only thing that she
was not regretting was the fact that she was getting an education, on top of all other things she
felt “safe” at that institution.

Unlike other children who were below grade 5 had a day school but she had a morning class. She
told me that she could neither take her meal before she goes to the school nor she had any
provision to take Tiffin along with her to the school. She added that she always had a hard time
mixing with her class mates as they all had Tiffin which they shared and ate. I tried to request the
authority to do something about it immediately.

She had a aim to become an engineer and contribute in the development of the country. A small
child as such was responsible enough to have that aim which was very impressive. That left me
with the question, who will take the responsibility to assure that she will be able to fulfill her
dreams. Who will take accountability that she will be provided with all she needs to fulfill her
dreams.


It is based on the research conducted as partial requirement to BA social Work. This case study
was published in “THE ADVOCATE” (monthly magazine of department of Social work, St.
Xavier’s college Katmandu, on February 2004).

Violence, Non-violence and Nonviolence: Hegelian thesis, antithesis and synthesis: and its relevance to Nepali peace process. by Pritush and Sagar (2011)


Peace as stated by peace scholar Johan Galtung can be categorized into Negative peace that is a mere absence of violence (the physical violence that is direct violence of murder, killings, intimidations or beating) where as Positive peace (absence of physical, cultural and structural violence). Positive peace that would not only be the situation where there is absence of physical violence, but also the absence of cultural and structural violence. The cultural violence can be better elaborated with the hatred, fear, mistrust, racism, sexism and intolerance. The source for this cultural violence is the attitude, feelings and values of the person. In Nepal’s context, these would be the gender based violence, caste based discrimination etc.  The structural violence roots to the context, systems and structures, and its types range from the discrimination in the regional imbalances in terms of education, health or services, and those who are politically weak in the context of Nepal. This can further be seen in the context of the world peace as the world leaders claim that the peace is achieved when they trade arms and ammunition to counter the violence. Merely, that could be termed as peace when the regional imbalances and world poverty is evident.

An epitome of civil rights movement, Martin Luther King is also credited for developing the philosophy of “Nonviolence” and practicing it in the movements which yielded fruits in the US in 1950s and 60s. The philosophy of Nonviolence (as opposed to non-violence which is mere absence of violence but injustices prevail), goes a step ahead in terms of understanding violence, nonviolence and peace. With his context of civil and political rights campaigns in USA, what he was claiming there was more to do with the civil and political discrimination against the blacks. Then, there too what he was asking as peace was not merely the absence of the violence that was inflicted by the whites against blacks but more to do with the cultural as well as structural which he demanded as rights for individuals regardless of them being blacks or whites. By then, the simple demands that were put forward range from “using the same buses and beaches”. It is significant how his understanding of addressing the cultural violence and structural to achieve positive peace, with the nonviolence. This nonviolence approach that he was following was from his deep understanding generated by his scholarly reading and experience within that context in America. Dr. King was Hegelian in approach, and he elaborated nonviolence that was the synthesis of what he saw Violence being thesis, and Non-violence as anti-thesis. The clear distinction here, of Non-violence (with Hyphen) being the anti-thesis of the violence and merely, where as Nonviolence (without Hyphen) that he generated with the synthesis of analyzing the Violence and Non-violence. He concluded that the Nonviolence is peace with Justice and not only mere absence of violence. This was internationalized with his statement “an injustice anywhere is threat to justice everywhere”.       

Maoist adopted the “violent approach” to uplift the social and economic status of the people ultimately failing in this approach. What they were successful was in empowering the underprivileged people by making their voice heard in the mainstream politics. Similarly, other political parties always favored the “Non-violence approach” to which Dr King denotes the state of absence of violence thereby with existence of social injustice. The Maoist approach of violence and then rulers focusing on the non-violence theory led to the issues permanently unsolved and unresolved. If the Dr King’s suggestion is to be considered in Nepali context the Hegelian theory to analyze the thesis of violence (Maoist approach of raising arms) and non-violence (undermining issues of social justice) results nonviolence (peaceful methods to address social justice). 

The relevance and need to nonviolence has grown more as Nepalese context had gone through the violent armed conflict and then after the peaceful one. This is a historical times as these parties to the conflict can now see their approaches in Hegelian way. This in not only seeing the weakest links and mistakes of others but also to analyze what exactly they missed. This can only bring about the synthesis of the weakest links and make it a strongest links for the better future of better relations. There is much to learn to apply from the nonviolence approaches Dr. King and Mahatma Gandhi used in the 20th century.