Building Peace in Nepal:

Role of Civil Society

Dr Poorna K. Adhikary

President

Institute for Conflict Management

Peace and Development (ICPD)

Conflict-Coin ModelSide B of the Coin

National Political Conflict:

National tri-polar conflictPalace, Political Parties and Maoists are locked in a conflict of mutually exclusive ideologies

Side A of the Coin

Structural Conflict:

Persistence of historical, structural imbalances due to inequalities related to gender, caste, class, ethnicity, religion, language, regional disparity etc

Blasts: Violence

TIME

SO

CIA

L T

EN

SI O

NS

Before October 4, 2002

King Parliament Maoists

King

After October 4, 2002

Pro-parliament Political Parties

Maoists

Nepal’s Tri-polar Political Conflict

Palace

Maoists

Political Parties

people

CONFLICT SCENARIO

Autocratic Monarchy

Multi Party Democracy

One Party Republic

P

Peace in Nepal

Palace

Maoists

Political Parties

Challenge of Finding the Common Denominator

Absolute Monarchy

Multi-Party Democracy

One Party Dictatorship

Bi-polar Conflict Model

GOVERNMENTGOVERNMENT MAOISTSMAOISTS

MEDIATORMEDIATOR

Challenge of Finding the Common Denominator

Autocratic Monarchy

Multi Party Democracy

One Party Republic

One Party Republic

Autocratic Monarchy

Multi Party Democracy

TRI-POLAR CONFLICT MODEL

FacilitatedDialogue Process•Finding a common denominator•Issue wise consensus based approach

P

PP M Common Denominator

(Meeting Points)

180

180 180

Finding the Common Denominators

Human Rights and Multi Party Democracy Can be the Entry Points:

• There is no disagreement on reducing the structural conflicts (i.e. acting at the side A of the Conflict-Coin): - So called 38 out of 40 Maoists demands can be met by the provisions under 1990 constitution - Inclusive democracy and socio-economic programs. - Fulfilling the basic human rights of the people

• Obligation to: - The respect for the international human rights norms by the forces with arms as Nepal is already a signatory to it. - Subscription of the multi-party democratic values to obtain international legitimacy.

Steps towards Conflict Resolution

• Need to recognize that there is a problem

• Necessary to work on both sides of the conflict coin to end violence

• Need to have a clear strategy to work on either side

Stakeholders/ Actors of Peace Process

Facilitator:

• Connector• Mediator• Process Manager

3

1. Primary Stakeholders (Political Actors: P, PP, M)2. Secondary Stakeholders (Experts/ Civil Society)3. Tertiary Stakeholders (External Partners: UN, EU, ICRC, UK, US,

India, China, Switzerland, Japan…)

21

Negotiation Refers to:

• Competitive Processes– Positional Negotiation

or

• Cooperative Efforts – Interest-based Negotiation

Positional Negotiation:

• Parties make offers and counter-offers which they feel will resolve the conflict

• These exchanges of offers typically start to converge on a solution which both parties find acceptable.

• Success at positional negotiation is based on a party’s ability to bluff the other party about its positions of strength and weakness in order to gain an outcome which is in their favor.

Interest-based Negotiation:

• Parties have a need to create or maintain healthy relationships.

• In this type of process, parties discuss the issues which face them and express their interest, values and needs

• Instead of focusing on competitive measures and winning the negotiation, parties collaborate by looking to create solutions which optimize their interests, values and needs.

Negotiation Should Satisfy

The interests of the parties in conflict

and

Be acceptable to others

Elements of Conducting Negotiation

If ‘NO’Alternative

If ‘YES’Commitment

Communication Relationship

Interests

Options

Legitimacy

Components of Negotiation Process

1. Goal setting 2. Preparation

4. Reviewing/ 3. Conducting

Learning (strategy & tactics)

M

Mediation

D D

Facilitation/Moderation of

Interest Based Negotiation

.

CPCP

F/M

CP

Skills Needed in Techniques of:

• Mediation for would be mediators

• Interest Based Negotiation for negotiators of the conflicting parties

• Facilitation/Moderation of Interest Based Negotiation for would be facilitators/moderators

Participation is the key to all negotiations…

Reality is:

• Not like

• But like

Because reality is complex:

• Nobody has a complete knowledge of a given situation

• Persons at different positions see the same thing differently

• Persons fail to see what others see and develop their own bias

• People cannot always accept a solution given by others

Participation

• Allows to collect opinions of all concerned

• Harmonizes opinions of all through consensus

• Builds up ownership of the product

Function of a Facilitator/Moderator

• Understanding the Conflict Dynamics

• Conscientization

• Managing Group Dynamics

• Leading for Consensus Decision

Conditions of a Facilitation Process

1. Need for a facilitator/mediator has to be recognized by the conflicting parties.

2. The facilitator/mediator has to gain the trust of the conflicting parties

3. The conflicting parties have to request for the facilitator/mediator’s support.

4. The facilitator/mediator should not become a partisan.

5. The facilitator/mediator can only provide a framework or process. Ideas have to come from the participants themselves.

Contd.

Conditions of a Facilitation Process

6. All participants in the dialogue should have respect for each other, which needs to be established through confidence building measures.

7. Dialogue can take place inside or outside the country. 8. The facilitator can be a national, or an outsider, or a

team of both. 9. Until all issues are resolved and agreed upon, the

solution cannot be final. 10. Until everything is agreed upon, nothing should come

out in the media.11. Ceasefire, although welcome, is not a pre-condition for

dialogue.

Dialogue: The Only Way Out

• A peaceful process can bring the conflicting parties to a win-win situation

• As the parties to conflict have their own agendas, a competent facilitator/mediator is needed to bring them to collective action.

• Facilitator/mediator has the responsibility to bring the conflicting parties to a consensus decision

• Civil societies can act as initiators and pressure groups for meaningful dialogues

Pre-Conditions of a Dialogue

• Self-Confidence

• Humility

• Hope

The Role of Civil Society in the National Conflict

A. Work on Structural Conflict

B. Support the Negotiation/Dialogue Process

C. Support Reconciliation, Rehabilitation and Reconstruction during and after conflict

Role of Civil Society: Work on Structural Conflict

• NGOs, CBOs are working in areas where the government is constrained

• They can fill gaps as partners in a multi-polar governance

• They can test out innovative ideas before the government implements them nationwide

Role of Civil Society: Support the Negotiation/Dialogue Process

• Act as initiators and pressure groups for meaningful dialogue

• Hold an objective non-partisan position

• Act as the go-between among parties in conflict through quiet diplomacy

• Orient political leaders on the advantage of dialogue to bring about a win-win situation

Cont. Role of Civil Society: Support the Negotiation/Dialogue Process

• Provide facilitation/mediation assistance for collective action through a consensus decision

• Assist conflicting parties to build up their confidence in going through interest based negotiation

• Make the parties in conflict aware of the preconditions of dialogue

• Provide needed technical input• Manage the peace negotiation sessions

Role of Civil Society: Support Reconciliation, Rehabilitation

and Reconstruction

• Reconciliation and rehabilitation should not just await the end of the conflict

• Organize/Support truth and reconciliation measure to bring justice to the victims

• Support post-conflict reconstruction measures

Nepal’S Monarchy for Twenty First Century

Seven Parties ......Civil Society Traditional Forces

Radical Forces

KING Progressive Forces:

Monarch has a role to act:

• As a supporter or protector of democracy and for structural changes for social transformation (participatory & inclusive democracy)

( A La Juan Carlos of Spain)

• Not as a hijacker of democracy as experienced several times in Nepal.

Need for a Coordinated Approach

More conflict is added on existing conflict: • Due to intense competition among the internal

and external parties to become the hero in resolving the conflict in Nepal.

• As “Conflict” has turned out to be a big industry around the world and there is attraction for many to jump into the band wagon.

• Everyone playing their own game resulting into a mess of problems and not achieving a solution.

Coordinated Approach for Conflict Resolution Means:

• National initiative of the members of the civil society to act collectively (form a consortium with clearly defined tasks for the members).

• Consortium of international partners with clearly defined tasks to support national initiative for technical and logistic support.

• Approaching the problem with clearly defined strategy.

Note: If the Stakeholders in the Second Circle (of Slide 15) do not function

properly then it is natural for the Stakeholders of the Third Circle to enter into the Second Circle and possibly move into the Primary One. In this case the national cost could be quite high (e.g. 1950-51)

Thank You