Wednesday, May 30, 2012

 

Divisive rhetoric on ethnic federalism debate


Kathmandu Post on May 30, 2012 published my article on ethnic federalism with the title "Where to begin". The unedited original version is below.

Divisive Rhetoric

It is true that ethnic federalism designs have worked well in countries like Switzerland and Belgium. It is also true that such designs have not fared well in other instances, for example: Ethiopia. The Harari people with population of only 1.5 lakh were given an independent provincial status by the Ethiopian government while denying a similar status to the Sadamas with population over 45 lakhs. Maybe these half-hearted measures have been the cause of ethnic federalism’s failure in Ethiopia.

The question then becomes: what will Nepal turn out to be if we implement ethnic federalism? Will we go the way of the Swiss or the Ethiopians? Switzerland and Belgium were divided into ethnic lines based on the “language” that people spoke in a particular region. The Wallonia region in Belgium has French-speaking population and the Flanders region has Dutch-speaking population. In Nepal, there are a handful of regions like upper Solukhumbu, Mustang, Dolpa and areas in Terai where Nepali is not the dominant language. Therefore, the idea of ethnic boundaries based on language use can be exercised in these areas.

However, rest of Nepal is not so easy to divide along linguistic lines. Compared to Nepal, Belgium and Switzerland are homogeneous, and it was easy to exercise language-based ethnic federalism there. In Nepal, it’s a nightmare to even approach the basic design of it. We have so many languages. Where do you start?

The dominant discussion these days in Nepal is along “ethnicity” lines. Again, this sounds easier said than done. According to the 2001 census, Gurung, Magar, Tamang, Newar and Tharu are the majority in one district each. The remaining 70 districts in Nepal do not have a particular ethnicity as a majority. I see two problems here. First, it is impossible to give priority rights or “agradhikar” to one particular ethnicity in any of these 70 districts without hurting the feelings of other ethnicities. Second, even if we consider “soft-majority” approach, I do not know how a single Tharuhat can be realized when districts with Tharu soft-majority like Bardia and Kailali are in the far-west, Dang in the mid-west and Sunsari in the east. It’s the same problem with other areas involving Magar, Tamang, Gurung, Rai and Newar soft-majority.

Ethnic federalism approaches were proposed in other countries to ensure that progress of regional level communities is not rendered crippled by the central government. This mostly has to do with sharing and controlling of the resources. It ensures that the federal states are able to extract and use their resources for their own use and benefit. It ensures the survival and development of the regions without heavy-handed central government interventions. But, observing the debates ongoing in Nepal these days, I clearly see that “Economics” is not driving these discussions. It is being driven by divisive ethnic propaganda, and not much else.

Mithila and Kochila already have flourishing agricultural and industrial bases. They seek to gain the most with federal system. However, has anybody spared a thought for the poor far-west? Has anyone thought out a clear plan for its economic development? Alright, let us say the far-west gets divided into two provinces: the Tharuhat in the plains and whatever the other one will be called encompassing the hills and mountains. The Tharuhat will be able to feed itself. What about the other one? What is its source of income? What is its dominant economic sector going to be? The way I see it, the hills and mountains in the far-west were screwed under the central government, and they will remain screwed under the federalized system as well.

It does not help that the people in charge of designing the federal structure are incompetent. The most logical restructuring proposal so far came from the Maoists.  The UML kept flip-flopping from 7 to 12-state proposal. Madhesis did not care what the design would be as long as they got a “united” Madhes with all 22 districts from the Terai. That would have never materialized because far-western Teria districts want to be a separate Tharuhat while Jhapa, Morang and Sunsari are interested in calling themselves “Kochila”. And, the Nepali Congress humiliated itself with that proposal where it elongated the Kathmandu province to touch the Indian border in the south. Even my 3-year old nephew could see that Nepali Congress leaders had “lost it”.

It also does not help that some of the people fighting for ethnic federalism argue with vitriolic rhetoric and poor logic. The writings of people like CK Lal fan the flames of divisive rhetoric in the ongoing ethnic federalism debate. Every article is about how pahades have wronged Madhes and everyone else. Bahuns and Chhetris are blamed for the plight and poverty of Madhesis. Aren’t Bahuns in the far-west as poor as the Tharus there? A handful of Bahuns and Chhetris have political power and reach. That doesn’t mean every Bahun and Chhetri has looted the nation’s coffers and is against Madhesis. Constructive rhetoric is absent in their arguments.

My interaction a few weeks ago with politicians at the grassroots level in eastern Terai revealed that they agreed that equal “respect” should be given to people from all religion, caste, ethnicity, and culture. However, they unanimously considered the “agradhikar” approach being put forth by national level politicians as being wrong and divisive. The group mentioned that the reason why people overthrew the monarchy was because they were fed up with one group of citizens—the King and his cronies—having power and control over the resources.

These grassroots level politicians believe that if the federated states give agradhikar rights to one particular ethnicity, it would be no different than what we had during the monarchy. The top ethnic leaders would have absolute power over the ethnic federal states which would be akin to having multiple kings. This would be regressive for the development of the federated states. A better approach would be to have federal states designed along “economic” lines with some sort of proportional representation to ensure the progress of each ethnic community.

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Tuesday, May 22, 2012

 

Reintegration, redemption and the Nepali social fabric


The following article was published today (May 22, 2012) in The Kathmandu Post with the title "From war to peace". The direct link to the article is here. The unedited version is below:


Reintegration, redemption and the social fabric

Among the boiling rhetoric—and subsequent violence—over the federalism debates, we have been overlooking the critical issue of reintegration of the Maoist combatants back into the society. Whether they chose the compensation package or chose to enter the Nepal Army, those ex-combatants are now going back to their communities. The mental pressures of reintegration into their communities where they once perpetrated violence pose hurdles that are difficult, if not impossible, to pass.

Out of the identified deceased victims, 10297 were men and 1013 were women, according to INSEC. Of these women, 193 were killed by Maoist forces, and the rest were killed by state security forces. There were instances when state security forces captured, and then raped, many female combatants. Not that the Maoists were any better.  They entered many households, killed the husbands in front of their wives, then raped the wives, and then forcefully took the children to fight their war. Sexual violence against women was perpetrated by both sides to “teach” the other side a lesson.

Say whatever about the Maoist conflict, it did provide unique experiences of freedom to women combatants like they had never experienced before. To the women who had been housewives for as long as they could remember, they were suddenly given responsibilities to command and lead groups of people with missions to kill or be killed. The Maoists propagated the idea that taking up arms and engaging in armed disobedience was an empowering activity for the people—especially women. Therefore, many women joined the war, picked the guns, shot others, and got shot themselves, too.

However, having spent a decade of their life roaming like nomads and fighting like warriors, will they go back to accepting the dull realities of everyday life? Will they be able to resume their traditional “housewife” duties? Will they accept the inferior status of women in the Nepali society? How will their actions affect our social fabric? Will they, through whatever actions they take or paths they choose, be able to reshape the fundamentally patriarchal Nepali society? If they are not willing to go back to the status-quo situations, what will they do? Reintegration is going to be a harsh and difficult experience for these women.

Maoist leaders encouraged and facilitated many of their combatants to marry one another. However, various organizations working with the ex-combatants have noticed that the same level of encouragement and efforts were not spent in registering and obtaining marriage certificates in a uniform manner. The leadership preached “equality”, but it was absent in practice, especially in the cases of registration of inter-caste marriages.

Along with women, some children and teenagers willingly joined the Maoists to experience the “action” that came with an armed conflict. However, many children and teenagers that participated in the conflict were abducted and/or forcefully recruited by the Maoists. Regardless of how they got into the Maoist army, these children and teenagers are now well into their adulthood, and are returning to the communities they had left while they were still too young.

Many did not receive any higher education during the time of the conflict, and are returning to their communities with low level of education and skills. Will they be able to adjust to the life outside of the jungle and inside the civilized society? Will they be able to identify with the society that they come back to? Given their wayward growth into adulthood during the war, will they be able to follow the boundaries of law and order that the society imposes?

State security forces as well as the Maoist combatants posted at different sites developed relationships with the locals, and had children from those relationships. Some children were born from relationships between the combatants when they were interned in the cantonments. If they wish to receive any state benefits, these relationships should be legitimized by the state through marriage and birth certificates. Since some of the fathers either died during the conflict or deserted their wives and children after the conflict, many of these women are returning to their communities with children with no fathers and no citizenships.

Also, when many homes were burned or destroyed during the conflict, important documents that could facilitate the citizenship filings of the children got lost or destroyed. Since it is difficult to apply for citizenship without presenting the father’s documents, many children have no citizenship certificates. As a result, they are deprived of many rights and opportunities that come with having a citizenship. The Maoist party has averted its eyes through this ugly mess. It is only going to get uglier.

The most important issue that those reintegrating combatants—men, women, and young adults—will have to face is that of redemption. The combatants not only deserted their communities but also inflicted violence upon them during the decade-long process. Now, they are returning to those very communities. In a typical Nepali way, the very first question that pops to one’s mind is: How will these returning Maoists “show their face” to the community they harmed? It will not be easy to go back and start living “normally” as if nothing happened. Will the community accept them back?

The answer to that last question determines the fate of returnees. So far, communities have not resorted to violence against the returnees. But, this does not mean they have been forgiven. The reason why communities have not resorted to punishing the returnees is because they still have hope that appropriate punishments will be handed out by the Truth and Reconciliation Committee.

However, there have been talks of blanket amnesty that could be given to all perpetrators—both Maoist combatants and the state security forces—of violence during the conflict. The returning combatants could give a variety of reasons for why they hurt and killed their fellow community members during the conflict. But, it won’t be enough to dissuade a mother’s rage for them having killed her children, or a husband’s rage for them having raped his wife.

Those are the prospects that we have been willfully overlooking in our reintegration dialogs. We’re burying our heads in the sand hoping that the sky won’t fall. The truth of the matter is, if the state does not punish them for the crimes they have committed, the communities could take matters into their own hands. And, that is a scary scenario. It will break our social fabric as we know it.

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Monday, May 21, 2012

 

Mergers: Proceed with caution


The following article on mergers was published in Republica on May 20, 2012 with the title "Tread with caution". The direct link to Republica is here.


The financial market is not going to suffer for eternity. We have seen weak and stagnant financial activities in the last few years in Nepal due to the recent liquidity crisis. As I have stressed in my previous articles, the liquidity crisis in Nepal was primarily the result of our banks and financial institutions (BFIs) providing majority of their loans to the real estate sector. The real estate market slowed down beginning late 2008. As a result, borrowers could not pay interests, let alone the principle amount of the loans. So, the banks lost money, and this brought a liquidity crisis.

However, the real estate sector will eventually start improving again, and will experience increase in its activities. Then, the borrowers—who have so far defaulted in their payments—are going to start making their payments again. When that happens, our BFIs are going to be flush with cash, again. So, what will they do with that excess cash?

Since their investment and loan portfolio is not diverse, the BFIs will have to choose between two options. First, they will have to take risk and start providing loans to the real estate sector, again. This has a tendency to bring another liquidity crisis if the real estate market slows down, again. Second, to move away from the risky real estate portfolio, the BFIs could use their cash to purchase securities which are much safer than issuing real estate loans. However, the securities yield much lower returns compared to real estate loans.

That would be a very confusing scenario for the BFIs. On one hand, the BFIs would not want to go back and issue excessive loans to the real estate sector because that was what caused them suffering in the last few years. On the other hand, the securities option delivers them poor returns. If the BFIs are flush with cash and do nothing with it, they will have to face intense pressure from their shareholders. When the pressure becomes unbearable, the past experience from around the world suggests that a third outcome is more likely: a merger spree.

The bottom line for the BFIs is to ensure that their shareholders are happy. The best way to make shareholders happy is to show them that their institution is growing. The best way to grow a financial institution is to acquire assets. And, the best asset a strong and cash flush BFI can acquire is another BFI. So, once the real estate market in Nepal wakes up from its hibernation, and starts making money again, our BFIs will have no logical option to follow other than engage in mergers to grow their assets.

While the shareholders will be happy seeing their institution grow through such mergers, the mergers do not guarantee a healthy BFI or a healthy financial market. Today, the mergers happening in the market are not the result of choice but compulsion in saving the institutions. In the future, the mergers will not be the result of choice but that of compulsion—to “show” the shareholders that the excess cash is being used in asset-building.

There are reasons why shareholders should not be too happy with mergers and acquisitions. First, the New York Times reported during the merger surge in 2005 in the US that the shareholders’ stakes in the acquiring firm typically declines post-merger. The structure of BFIs in the US and Nepal are not very different. So, this decline could happen in the case of merging Nepali BFIs, too. Second, evidences from past mergers worldwide show that the CEOs end up pocketing around 8 percent of the merger cost as their own “compensation”. So, everyone should ask: Was the merger done for the benefit of the institution or was it done for the personal benefit of the CEO?

The New York Times report also mentions that there has been a strong correlation between the size of a financial institution and the salary of its CEO. It did not matter whether an institution was faring well or poorly in the market. The CEOs of larger BFIs always get paid more than those in smaller BFIs. Therefore, the shareholders need to be cautious and skeptical when their CEO argues in favor of a merger. Who benefits the most from the merger should be considered. Do we know how much our BFI CEOs are pocketing from their merger deals? We need to find that out.

Despite these warnings, I clearly see more mergers happening in the future in Nepali financial industry. I am also confident that the BFIs are going to be leading the discussions, setting the agenda, and finalizing the details of the merger propositions. However, the Nepal Rastra Bank (NRB) has to monitor and facilitate the merger processes to ensure that the shareholders are not kept in the dark by their greedy CEOs, that the consumers of the financial services do not suffer as a result of mergers, and that the BFIs that are merging do not get weakened after the merger. The NRB should ensure a robust and stable financial market in Nepal as an expected outcome of the mergers.

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