NEPAL PM: "CANTONMENTS AND CONSTITUTION LINKED"

C O N F I D E N T I A L SECTION 01 OF 03 KATHMANDU 000062

SIPDIS

E.O. 12958: DECL: 01/22/2019
TAGS: PGOV PHUM KDEM NP
SUBJECT: NEPAL PM: "CANTONMENTS AND CONSTITUTION LINKED"

Classified By: Charge d' Affaires, a.i., John M. Ordway. Reasons 1.4 (b
/d).


1. (C) SUMMARY: In a January 18 meeting with SCA PDAS
Patrick Moon, Prime Minister M.K. Nepal said the peace
process and the constitution drafting process were
inextricably linked. He asked the international community to
support the government's new integration and rehabilitation
plan and pressure the Maoists to move forward. The PM said
the constitution drafting process was nearly complete but had
bogged down over the system of government and the details of
a federalist structure. He was lukewarm about the recently
created "high-level political mechanism." PM Nepal
reiterated the government's commitment to human rights, but
said the Nepal Army was losing capacity due to the peace
agreement restrictions.

MAOIST ARMY MUST BE ELIMINATED
--------------

2. (C) PDAS Moon told PM Nepal, who was accompanied by
Foreign Affairs Advisor Rajan Bhattarai, that the United
States strongly supports the peace process, democracy, and
stability in Nepal. The USG is not recommending specific
actions, but is urging leaders to work together. Now is the
time for movement. The PM Nepal agreed and thanked the
United States for the supportive role it has played in the
peace process and in Nepal's democratic movement. PM Nepal
said the country's peace process and the constitution process
were inter-linked.


3. (C) According to PM Nepal, the highest priority is
integrating and rehabilitating the 19,000 Maoist combatants.
PM Nepal said the government was committed to closing the
cantonments before the promulgation of the constitution on
May 28, 2010. The non-Maoist political parties "will not
commit the same mistake" and allow the Maoists to keep the
People's Liberation Army (PLA) as leverage during the final
negotiations on the constitution. (Note: The parties were
unable to integrate and rehabilitate the PLA before the 2008
Constituent Assembly elections. The other parties accused
the Maoists of using the PLA to intimidate voters. End note.)
He said the government was currently negotiating an action
plan for closing the cantonments by May 15. PM Nepal asked
the United States and the international community to support
the plan and to urge the Maoists to support it as well. PDAS
Moon encouraged PM Nepal to be flexible in negotiating the
action plan details.


4. (C) The Prime Minister explained that the government
would reverify the combatants remaining in the cantonments,
and conduct interviews to determine what they want to do.
For those who want to join the Nepal Army or other security
forces, the government would conduct assessments to see if
the individuals meet the standard acceptance requirements.
The government will also assess how many individuals it can
absorb into the Nepal Army. The combatants will chose
whether they want to join the security forces (integration),
return to their communities (rehabilitation),or join Maoist
political or social groups (political). He was confident the
19,000 Maoist combatants would move to these new transition
centers by May 15, and the cantonments would be shut down.

TWO ISSUES LEFT ON CONSTITUTION
--------------

5. (C) Work on the new constitution has been going well, PM
Nepal reported. However, the negotiations have bogged down
over the type of government Nepal will have -- presidential,
parliamentary, or directly elected prime minister -- and over
the type of federal structures to create. In spite of the
slow pace, the PM suggested the parties would be able to work
out differences.

HIGH LEVEL POLITICAL MECHANISM
--------------

6. (C) PDAS Moon asked about the recently created high level
political mechanism (HLPM). PM Nepal said the group has no
constitutional authority to negotiate and called it "just a

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useful platform -- a gentleman's club." However, he said he
was "trying to be positive about anything that helps move the
process forward." (Comment: Political party leaders
Prachanda (Maoist),G.P. Koirala (Nepali Congress),and
Jhalanath Khanal (Communist Party of Nepal-United Marxist
Leninist) negotiated the HLPM and did not include PM Nepal as
a member. He has since been "invited", but his lukewarm
response likely stems from the initial slight and the fact
that the HLPM may undercut his authority as prime minister.
End comment.)

HUMAN RIGHTS AND THE NEPAL ARMY
--------------

7. (C) PDAS Moon urged the Prime Minister to investigate
human rights abuses and suggested the proposed Truth and
Reconciliation and Disappearances Commissions may be an
appropriate way to address the abuses that occurred during
the war. Protecting human rights is of "great importance" to
Nepal, the PM replied. He said issues of Nepal Army abuses
were taken seriously, but the "Maoists started the violence,"
and the Army had to protect itself and the people. Despite
this fact, PM Nepal said security personnel were "punished,
penalized, and dismissed -- and others will be too." He said
that there was no evidence implicating General Toran Singh in
human rights abuses. (Note: Singh is accused of command
responsibility for torture and disappearances of Maoist
suspects from Maharajgunj Barracks.)


8. (C) PM Nepal said the UN Peacekeeping Operations office
in Chad had no right to expel Nepal Army peace keeper
Niranjan Basnet, who has been indicted by civilian courts for
involvement in a high-profile human rights abuse case. Other
politicians suggested Nepal should pull the entire Nepali
peace-keeping force out of Chad at the same time Basnet left,
but he refused. He said he thought the move would hurt the
Nepal Army's morale. The Nepal Army is losing strength since
the peace accords restricted its ability to recruit personnel
and resupply itself. The Prime Minister said, "If you keep a
tiger in your home, you have to give it meat."

CLIMATE CHANGE
--------------

10. (C) PDAS Moon congratulated PM Nepal for raising
awareness of the effects of climate change on the Himalayas.
The cabinet meeting at Everest Base Camp and the government's
efforts at the Copenhagen summit were useful additions to the
climate change dialogue. PM Nepal responded that Nepal is
trying to address the immediate concern of melting glaciers
creating mountain lakes that threaten to collapse and flood
villages below. He urged the United States to assist in
studying this threat and suggesting solutions. Nepal also
said the government wanted to utilize its hydropower
potential, and sell the excess energy to India to decrease
India's reliance on fossil fuels.

NEPAL AIRLINE CORPORATION
--------------

11. (C) PDAS Moon urged PM Nepal to conduct a transparent
and objective review of the Nepal Airline Corporation's
purchase of two new airplanes. The Prime Minister
acknowledged that all companies must be given a chance to
compete. He assured Moon that a review would be conducted to
determine whether the quality and pricing were appropriate
for Nepal.

COMMENT
--------------

12. (C) The Prime Minister was optimistic about the peace
process, and gave a strong impression that the government
could move the country forward in the next six months. He is
trying to use the constitution deadline and UNMIN's impending
departure to force movement on the integration and
rehabilitation of Maoist combatants. The Maoists appear to
be willing to use the plan as a basis for negotiating a final
agreement, but the details of the integration plan, from
numbers integrated to the transfer of ranks, will be
difficult to resolve.

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ORDWAY