Building Peace in Nepal: Civil Society's Role in Conflict Resolution

1. Building Peace in Nepal:Role of Civil Society Dr Poorna K. Adhikary President Institute for Conflict Management Peace and Development (ICPD)

2. Conflict-Coin Model Side A of the Coin Structural Conflict: Persistence of historical, structuralimbalances due to inequalities related to gender, caste, class, ethnicity, religion, language, regional disparity etc Side B of the Coin National Political Conflict: National tri-polar conflict Palace, Political Parties and Maoists are locked in a conflict of mutually exclusive ideologies

3. Blasts: Violence SOCIAL TENSIONS TIME

4. Before October 4, 2002 King Parliament Maoists

5. After October 4, 2002 King Pro-parliament Political Parties Maoists

6. Nepal’s Tri-polar Political Conflict Palace Maoists Political Parties people

7. P CONFLICT SCENARIO Autocratic Monarchy One Party Republic Multi Party Democracy

8. Peace in Nepal Palace Maoists Political Parties

9. Challenge of Finding the Common Denominator Absolute Monarchy One Party Dictatorship Multi-Party Democracy

10. Bi-polar Conflict Model MAOISTS GOVERNMENT MEDIATOR

11. Challenge of Finding the Common Denominator Autocratic Monarchy Autocratic Monarchy One Party Republic One Party Republic Multi Party Democracy Multi Party Democracy

12. TRI-POLAR CONFLICT MODEL 180 P • Facilitated • Dialogue Process • Finding a common • denominator • Issue wise consensus • based approach 180 180 M PP Common Denominator (Meeting Points)

13. 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.

14. 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

15. Stakeholders/ Actors of Peace Process 3 2 1 • Facilitator: • Connector • Mediator • Process Manager • Primary Stakeholders (Political Actors: P, PP, M) • Secondary Stakeholders (Experts/ Civil Society) • Tertiary Stakeholders (External Partners: UN, EU, ICRC, UK, US, • India, China, Switzerland, Japan…)

16. Negotiation Refers to: • Competitive Processes • Positional Negotiation or • Cooperative Efforts • Interest-based Negotiation

17. 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.

18. 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.

19. Negotiation Should Satisfy • The interests of the parties in conflict and • Be acceptable to others

20. Elements of Conducting Negotiation Communication Relationship Interests Options Legitimacy If ‘YES’ Commitment If ‘NO’ Alternative

21. Components of Negotiation Process • Goal setting 2. Preparation 4. Reviewing/ 3. Conducting Learning (strategy & tactics)

22. Mediation M D D

23. Facilitation/Moderation of Interest Based Negotiation F/M CP CP . CP

24. 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

25. Participation is the key to all negotiations…

26. Reality is: • Not like • But like

27. 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

28. Participation • Allows to collect opinions of all concerned • Harmonizes opinions of all through consensus • Builds up ownership of the product

29. Function of a Facilitator/Moderator • Understanding the Conflict Dynamics • Conscientization • Managing Group Dynamics • Leading for Consensus Decision

30. Conditions of a Facilitation Process • Need for a facilitator/mediator has to be recognized by the conflicting parties. • The facilitator/mediator has to gain the trust of the conflicting parties • The conflicting parties have to request for the facilitator/mediator’s support. • The facilitator/mediator should not become a partisan. • The facilitator/mediator can only provide a framework or process. Ideas have to come from the participants themselves.

31. Contd.Conditions of a Facilitation Process • All participants in the dialogue should have respect for each other, which needs to be established through confidence building measures. • Dialogue can take place inside or outside the country. • The facilitator can be a national, or an outsider, or a team of both. • Until all issues are resolved and agreed upon, the solution cannot be final. • Until everything is agreed upon, nothing should come out in the media. • Ceasefire, although welcome, is not a pre-condition for dialogue.

32. 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

33. Pre-Conditions of a Dialogue • Self-Confidence • Humility • Hope

34. The Role of Civil Society in the National Conflict • Work on Structural Conflict • Support the Negotiation/Dialogue Process C. Support Reconciliation, Rehabilitation and Reconstruction during and after conflict

35. 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

36. 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

37. 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

38. 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

39. Nepal’S Monarchy for Twenty First Century KING Progressive Forces: Traditional Forces Radical Forces Seven Parties ......Civil Society

40. 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.

41. 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.

42. 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)

43. Thank You