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The Kathmandu Post Review of Books

25 April, 1999
Vol. 4, No. 2
Issue Coordinator: Swarnim Wagle

Produced by
Martin Chautari for
CSRD and The Kathmandu Post

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Contents of this Issue


Essay

Reviews


Stateless Bhutanese

Ashok Sayenju

The right to a nationality is recognised universally as a fundamental human right since it is a pre-requisite for exercising most civil and political rights in a state. Citizenship is a legal connection between states and individuals and it is upon this basis that the former provides the latter diplomatic protection or legal standing in the international arena. People lacking this legal protection are referred to as "stateless persons". There are various reasons for statelessness, but the most common causes are: i) conflict of laws between states, ii) transfer of territory upon a stateís dissolution, succession, or restoration, without adequate legislative or constitutional provisions for citizenship, iii) loss of nationality through operation of citizenship or marriage laws, iv) lack of compliance with laws governing information on births and identity, v) laws where nationality is solely based on descent (jus sanguinis) which can result in the inheritance of statelessness from a stateless parent, vi) renunciation of nationality without prior acquisition of another nationality. Stateless persons, nevertheless, must be given adequate protection of their fundamental human rights by states which are obligated to respect them under international law.

While every state has a sovereign right to determine, through its own rules and regulations, who its citizens are, this entitlement is not absolute. Domestic laws and practices must meet the minimum requirements of international treaties and conventions the states are signatory to. All states should allow the acquisition of citizenship by all citizens who resided in their territories when the state was created. As with many refugee situations around the globe, identity is a highly contested issue in the Bhutanese refugee crisis. The term, "Bhutanese refugees", already conveys two conclusions about the 100,000 or so people living in the camps of Jhapa and Morang. First, they are or were at one time Bhutanese nationals. While Nepal accepts this, Bhutan disagrees by saying that most of them were "illegal immigrants" who overstayed their contracts there. Second, they are refugees now, having fled Bhutan out of fear of persecution, which again Bhutan rejects arguing that most of them left the country voluntarily. The Bhutanese refugees are currently stateless, with Bhutan saying that they are not citizens under its nationality laws on the one hand, and Nepal too claiming that they cannot be Nepali citizens on the other.

Most of the other reasons given above for statelessness also apply to the Bhutanese refugee situation. According to Article 15 of the Universal Declaration of Human Rights (UDHR), promulgated in 1948, "Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality, nor denied the right to change his nationality". Although the UDHR is not an official treaty among states, it is regarded as an authoritative declaration of states' human rights obligations under the UN Charter and customary international law which all states must respect. Any state action breaching its requirements with respect to nationality or statelessness would be a violation of international law. Bhutan appears to have violated this international legal instrument since it is a member of the UN.

The 1954 Convention on Stateless Persons defines a stateless person as one "who is not considered as a national by any state under the operation of its law". In other words, if a person is not a national of any country, by each country's domestic laws, then that person is stateless. The stateless person must show that all countries where s/he might have claim to nationality consider her/him a non-national. In the case of Bhutanese refugees, they cannot claim nationality in Nepal or India. The 1954 Convention also provides for the basic human rights of stateless persons to be respected by their country of residence without discrimination on the basis of race, religion, or country of origin. In this case, Nepal has already followed it since it has given shelter to the Bhutanese refugees for almost a decade now.

Under the 1961 Convention on the Reductions of Statelessness (adopted by the UN to decrease future statelessness), many persons who would otherwise be rendered stateless are able to obtain nationality. Signatory states are to provide mechanisms for persons born in their territory to acquire their nationality and limit the circumstances under which persons might lose their nationality without acquiring another. The situation with the Bhutanese refugees is that many of them were not born in Nepal. Hence, there is little ground for Nepal to give them citizenship just because they are here for a few years.

Although many states have not acceded to the 1954 and 1961 Conventions (Nepal, Bhutan and India included), the general principles embodied in these instruments are drawn from basic provisions of citizenship laws and practice in most states. Therefore, these Conventions are said to be a reference for determining customary international law that reflect an international consensus on the minimum acceptable legal standards to be applied in questions of nationality. Based on these conventions and practice of many states, the right to nationality without arbitrary deprivation is now recognised as a basic human right under international law. Although states have sovereign right to deny citizenship to any applicant under their own laws, they have a general duty not to create a situation resulting in statelessness. Here, Bhutan seems to have created a situation where more than 100,000 people were made stateless.

One should, however, be cautious with the stateless label since it can complicate possible repatriation of refugees in the future. Putting the stateless label on the Bhutanese refugees might make it easier for Bhutan to shy away from their responsibility. The 1954 Convention also articulates the goals of assimilation and naturalisation of stateless persons and the 1961 Convention provides certain mechanisms to achieve those goals. Nepal can be forced to naturalise or assimilate them if it were to accede to these Conventions.

Although the Bhutanese refugees have been deprived of their nationality, it really does not affect their refugee status. The main problem seems to be the inaccessibility of Bhutanese nationality for them. It seems that they want their nationality problem resolved by being able to return to Bhutan soon. Currently, Nepal does not have the obligations to integrate them locally, Bhutan refuses to repatriate as the refugees have been demanding for years now, and a third country resettlement is an impossibility given current attitudes towards asylum. Hence, the problem has been dragging on for almost a decade now with no probable solution in sight.

(A. Sayenju is a student of International Relations; he wrote his Master's dissertation on Bhutanese refugees)

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The Third Way: The Renewal of Social Democracy
Author: Anthony Giddens
Publisher: Polity Press, Cambridge, UK, 1998, 165 pp.

Reshaping Democracy

Krishna Gyawali

"In February 1998, following a policy seminar with the American leadership in Washington, Tony Blair spoke of his ambition to create an international consensus of the centre-left for the twenty-first century". Thus begins the inaugural chapter, Socialism and After, of this five-section treatise by Anthony Giddens. A powerful proponent of the contemporary thought-stream of the centre-left, Giddens is currently the Director of the London School of Economics, and has authored over thirty books on sociology and politics as a long-time Cambridge professor. He was a staunch backer of Blair's "New Labour New Britain" campaign, and is frequently referred to in the press as Blair's ideological guru. This latest book from him again advocates social democracy from a renewed perspective.

Now what is that new approach, the 'third way' or 'social democracy with renewal' through which Tony Blair would like to drive the world politically in the approaching millennium? Giddens tries to answer this by quoting David Marquand's article "The Blair Paradox" published in Prospect last year: while the old left registered profound resistance to the change appearing in the global order, the new right seemed utterly reluctant to manage and balance such change. So the social democrats have to manage that change in order to produce solidarity, order and justice in the global political and economic system so that prosperity would reach millions of those cruelly pushed out of the market mainstream by its ultra-right competitive forces and equally neglected by the leftist neo-power elites born in the name of the proletarian poor.

Giddens wrote this book to re-examine the future of social democratic politics in the global context and particularly in the Anglo-European context, and has reached a firm conclusion that social democracy can not only survive but prosper both on ideological and practical footings, provided social democrats opt for a 'third way', discarding both extremes: the old-left socialism of Marx and the new-right conservatism clothed in Thatcherism or Reaganomics. To be precise, this 'third way' seems to be a doctrine, fathered by leaders on both sides of the Atlantic, to demonstrate a distinct ideological departure from the policies of their predecessors. But, as the author says, it is also inspired by the "continental social democracies", especially Scandinavia.

At a time when political ideas seem to have lost their capacity to inspire, and political leaders their ability to lead, the book seeks to drive home the point that political life is nothing without ideals, and ideas are empty if divorced from real possibilities. The author asserts the 'third way' to be such an 'idea' best suited to explore and realise the real possibilities of our time. It would save us not only from both the extremes of the political spectrum, but also warn us of the limitations of the more moderate versions of those extremes, i.e. "classical social democracy (reformist or old left)" characterised by such attributes as state intervention in the public sphere, state's domination over civil society, 'linear' modernisation and social 'levelling' through radical measures on the one hand and "neo-liberalism or the new right" marked by such elements as hostility to 'big government', de-statism, autonomous civil society and market fundamentalism, on the other. The author compares both doctrines in light of their ideological standings as well as practical applications world-wide, refers to the recent debate vis-a-vis the old left and the new centre-left against the backdrop of the dismantling of the Soviet Union and its satellites, and then examines the fate of social democracy against the 'post-materialist' outlook as popularised by the political scientist Ronald Inglehart.

The second chapter entitled Five Dilemmas delves into five basic issues concerning the correct understanding and application of the notion of social democracy. Issues such as globalisation along with its meaning and implications, individualism and the magnitude of its penetration into modern societies, the perceived meaninglessness of the notion of left and right, political agencies deserting democratic mechanisms, and the need for integrating ecological problems into social democratic politics have been elaborately dealt with. There is also an interesting discussion on the detrimental impact that new individualism is supposed to be having on common values and public concerns by creating a 'me' generation and 'me-first' society. Left and right with their varied manifestations have been defined at great length. A concluding note has then been made to suggest that 'third way' politics should aim to help citizens cope with the side-effects of globalisation, that it should never identify globalisation with a blanket endorsement of free trade, that it should preserve a core concern with social justice, and that there should be no rights without responsibilities and no authority without democracy.

State and Civil Society, chapter three, makes truly irresistible reading. Here the deepening and widening of democracy through the reconstruction of the state rather than through its shrinking and expansion has been strongly argued for. The author convincingly suggests that it is this new democratic state ("the state without enemies") that cures the vices of a coercive state. "Democracy needs to further democratise itself" through greater devolution, transparency, accountability and good governance to remedy its own illnesses. David Osborne and Ted Gaebler's book Reinventing Government which influenced Clinton's policies in the early 1990s has been rightly quoted to make a strong plea for effective government. The role of an active civil society with the state as a trusted partner and also with community regeneration and democratic family (defined as having emotional and sexual equality, mutual respect, shared decision-making, freedom from violence, co-parenting, etc.) has been duly highlighted in the context that it alone can consolidate a democratic state.

The Social Investment State puts emphasis on government's role in investing in human resources and infrastructure needed to develop an entrepreneurial culture. Equality has been redefined as inclusion and inequality as exclusion, departing thus from the commonplace notion of "equality of opportunity and meritocracy". Social democrats should enter into the Global Age to find themselves a new role in a cosmopolitan world, understood as a global village having fuzzier borders and cultural pluralism. This is what chapter four suggests in extended detail.

The book ends with a strong note of optimism. Establishing an Economic Security Council within the United Nations has been strongly argued for, thus reminding readers of a similar suggestion made two years ago by the former Commonwealth Secretary-General Sridath Ramphal in a report on global governance. Concern has also been shown on reducing both world economic inequality and ecological risk. Unnecessary scaremongering as well as unjust complacency have both been ridiculed, and a case has been made for creating a world that combines stability, equity and prosperity.

One sincerely wishes, however, that such a scholarly work of immense value by a pragmatic academic were made 'flawless' to its best. On an ideological plank, issue of relationship or, for that matter, distinction between social democracy and democratic socialism has found no mention at all nor has there been given deserved reference to the evolution of socialist democratic movement - under organisations like the Socialist International, for example, promoted by leaders ranging from Europe's Willy Brandt to Asia's U Nu, Ram Manohar Lohia and B. P. Koirala. Similarly, SAARC finds no place in the list of regional groupings. Although the author admits to having made the UK the book's main point of reference, this is clearly tilted, thus showing an overtly Western or even British-Labour-Blair-bias. Furthermore, the book is of no help in giving a theoretical basis to understand the exacalating onslaught of ultra-left movements; it also offers little for explaining the growth of leftist parties in emerging democracies like ours.

Yet, these 'flaws' are perhaps relatively insignificant to belittle the value of this very rich work. Overall, it calls for a compulsory reading by not only the advocates of social democracy, but also general readers interested in contemporary political discourses.

(K. Gyawali is an Under-Secretary at the Cabinet Secretariat)

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The Selfish Gene
Author: Richard Dawkins
Publisher: Oxford University Press, 1996
Price: US$12.95

Meaning of Life

Raju Adhikari

Have you ever wondered why you exist on this planet? You get up in the morning, go to work, eat, and then sleep when night falls. You grow from being a child to get married, you have kids and then you die. Is that all there is to life? Ask Richard Dawkins, the author of the acclaimed book, The Selfish Gene, and he will tell you that you are here merely to preserve your hereditary material, the so-called genes, and that you are nothing more than their throwaway survival machine!

The Selfish Gene presents a collage of ideas on biological evolution. Richard Dawkins has a breath-taking story to tell of the blind and remorseless march of genes, and their remarkable by-products: plants, animals, you and me. Dawkins argues that evolution occurs for the good of the gene (and indirectly the carrier) and not for the good of the species. He argues that "the predominant quality to be expected in a successful gene is ruthless selfishness". In other words, we, the carriers of genes, are selfish. A couple of chapters in the book are also devoted to unravelling apparent acts of social altruism as fundamental genetic selfishness.

Dawkins is fluent, concise, erudite, passionate and satisfyingly rational. The language is non-technical and jargon-free, making it easily accessible to the layman. The Selfish Gene portrays nature as a savage battleground where genes stop at nothing to survive. Four thousand million years on, "what was to be the fate of the ancient replicators", the now so called genes? No, "they didn't die out, for they are past masters of the survival arts." Dawkins warns us, "do not look for them floating in the sea, they gave up their cavalier freedom long ago. Now they swarm in large colonies, safe inside gigantic lumbering robots, sealed off from the outside world, communicating with it by tortuous indirect routes, manipulating it by remote control". They are in you and me; they created us, our body and mind; and their preservation is the ultimate rationale for our existence. Dawkins stresses that exploitation and violence make natural selection come alive. The Selfish Gene raises some hard to believe ideas about humankind and our place in the universe.

The book also raises interesting as well as important questions, such as: is there meaning to life? The argument of the book is that we, and all other animals, are machines created by our genes. Dawkins argues that the fundamental unit of selection and therefore of self-interest, is not the species, nor the group, nor even strictly the individual. It is the gene. The Selfish Gene offers incredible insight into the emergence and purpose of life. The main reason we are here, the book argues, is because of our genes. We live for our genes. We grow and die, but the genes march on. Dawkins then points out, "no doubt that some of your cousins and great uncles died in childhood, but not a single one of your ancestors died. Ancestors just don't die young!"

The book points out that the genes themselves are the units of selfishness. They are so selfish that they don't even care for their own survival machines. The genes are the master programmers, and they propagate in order to survive. They are judged according to the success of their programmes in coping with all hazards that life throws at their survival machines, and the judge is the ruthless judge of the court of survival.

If we say that the genes are selfish and so are the individuals, what of the acts of perceived altruism found in nature - the bees who commit suicide when they sting to protect the hive, or the birds who warn the flock of an approaching hawk? Do these stand against Dawkinsí thesis? Do they contravene his fundamental law of gene selfishness? By no means: the chapter titled Genesmanship addresses the "hidden" selfishness behind kin selection. A gene is interested only in its propagation; it has no preference for the survival of its own carrier. Consider this: a sibling carries approximately 50% of the same genes, so any particular gene in one carrier has a 50% chance of being also carried in a sibling. If the gene promotes selfish behaviour at all times, the result is self-preservation and a 100% chance of propagating itself (one copy of the gene). On the other hand, if the gene promotes suicidal rescues of three endangered siblings (assuming the rescue is successful), the gene has a 150% chance of propagating itself, and if the gene is really lucky, up to three copies of the gene (one in each sibling) will stay in the gene pool. A selfish gene can therefore allow its carrier to exhibit altruistic behaviour, but only when the potential gain outweighs the risk.

Although The Selfish Gene is intellectually stimulating, there are some accounts in the book which will be somewhat difficult for social biologists and laymen to understand. Dawkins insists in the book that the unit whose "selfish" behaviour provides the motive for evolution, is the gene. Clearly, this is arguable. For an entity to be selfish (or altruistic), it has to make decisions. Genes, however, don't make decisions, and so they cannot be selfish (or altruistic). Moreover, Dawkins claims that it is best to analyse evolution in terms of single genes. But he does not seem to be able to grasp the idea that the most interesting thing about genes is how they build an organism co-operatively. Another fundamental error that Dawkins makes is to completely ignore neurobiology. The connectivity of neurones in the brain starts mostly stochastically, so very little can actually be wired in. It is fair to say that the stochastic connectivity is "hidden" by neuroscientists and they always tend to speak about how precise the connections in the brain are, but Dawkins fails to recognise that this "precision" cannot be coded by the genes, as it is different in each individual in a stochastic way. Dawkins also mishandles cultural transmission. He restricts it to imitation. But there is no reason why cultural transmission should be by imitation only.

In any case, no one can dispute the ability of Dawkins to explain the most fundamental and controversial issue in evolutionary science with clarity and insight. To go through one's life without understanding the satisfying but brutal logic of The Selfish Gene is to miss out on one of the greatest reading experiences available. People have asked Dawkins, "why do you bother getting up in the morning if the meaning of life boils down to such a cruel, pitiless fact that you exist for your genes?", His response: "well, I feel privileged to be allowed to understand why the world exists, and why I exist, and I want to share my understanding with other people. We pride ourselves in being superior because of our heightened self-awareness and conscience. It is up to us, then, to make the right choices regardless of genetic predisposition. Let us try to teach generosity and true altruism, because we are born selfish. Let us understand what our selfish genes are up to, because we may then at least have the chance to upset their designs, something no other species has ever aspired to".

(R. Adhikari is at the Nuffield Department of Clinical Medicine, University of Oxford)

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Husain: Riding the Lightening
Authors: Dnyaneshwar Nadkarni
Publisher: Ramdas Bhaktal for Popular Prakashan, India, 1996, 180 pp.

The Portrait of an Artist

Charulata Prasada

"My horses like lightening, cut across many horizons. Seldom, their hooves are shown. They hop around the spaces. From the battlefield of Karballa to Bankura terra cotta, from the Chinese Tsei Pei Hung horse to the the St. Marcos Horse, from ornate armored Dukdul to the challenging white of the 'Ashwa-medh'-the cavalcade of my horses is multidimensional. At Indore, in my childhood, I played with clay horses of village fairs, merry-go-rounds of wooden horses. Several sons of my neighborhood went riding on decorated horses with brass band blaring to fetch a coy bride. I still wonder how Kallo Tongawala used to ply his Tonga with the rickety horse."

Riding the Lightening chronicles the life of perhaps the most iconic of India's painters. Born in 1915 in Indore, Maqbool Fida Husain's art crosses the horizons of colonialism, nationalism, the diversity and modernity of India. This six-foot-four barefooted artist worships the Indian soil with his feet, and by juxtaposing the many Indias against one another and against other cultures, therein defining, through paint, an Indian identity.

As a student at the Indore School of Art, Husain came away with two lessons. The first lesson, that art need not be defined by the conventions of British academicism, liberated Husain stylistically. With this, he embraced Indian subjects through unconventional composition and perspective. The second lesson - that lines are an artistic device virtually non-existent in nature - is prevalent in Husain's work, which depicts the symbols and subjects of his culture with an aesthetic brilliance that balances colour with line in a uniquely meaningful perspective. Indeed, Husains' connection with the lush culture of rural India is linked back to his childhood, spent within the feudal enclave of Indore. Husain is described in this book as from the jamaat 'class' representing common people; however, anecdotes about his childhood indicate all the trappings of a middle class Muslim upbringing. His house was always filled with guests and Husain grew up reading English books with particular interest in English poetry.

As an adolescent, Husain began a long-standing love affair with cinema. He recalls cutting afternoon classes to attend the cinema. It is no surprise that when Husain first left Indore for Bombay, he got a job-painting cinema hoardings for popular Bombay films. Obligations to his ailing father, and his marriage to his one and only wife Fazila, forced Husain to work many years in a toy factory for steady income. Yet, both these jobs profoundly influenced Husain's work both in terms of his choice of subjects and the development of his style.

His inspiration drawn from cinema ranges from early drawings depicting scenes from classical film makers such as Satyajit Ray to his most contemporary work which focus on the popular actress Madhuri Dixit. For example, inspired by Ray's first major cinematic work, Pathar Panchali (1955), Husain drew an oil crayon drawing called Apu and the Train. This drawing is typical of Husain's work in its juxtaposition of the many Indias that exist. The train, a symbol of modernity, and the outgrowth of colonialism runs across the full piece; it is an almost frightening encounter with rural India, the child's eye of Apu, which is portrayed through Husain's selective drawing style and medium of crayon. Durga, Apu's sister in the other corner, her bright ochre face depicting the traditional soil of India, balances a goat in one corner. Indeed, Husain has relied on colour and perspective to illustrate his theme.

Husain uses perspective in a similar contemporary piece entitled, Clint Eastwood Finds Meryl and Madhuri on the Bridge of Madison County. By placing Madhuri Dixit, portrayed as sensual, self confident and almost aloof, to Clint Eastwood's suggestively raised pistol, Husain has juxtaposed the American ideal of manhood against the Indian ideal of womanhood. It has been noted that the positioning of the figures - Clint Eastwood under the arch of the Bridge and the arch of Madhuri's body - connotes the strength and beauty of India.

Indeed, since he glimpsed his step-mother's fair, arched feet as a boy in Indore, Husain's admiration for beautiful women has shaped his life and art. Few references are made in this book to Husain's "friendships" and travels with beautiful women. Although, as mentioned by the author, Husain's women are rarely drawn to be exquisitely sensual. Rather, the strong influence of contour (perhaps influenced by toy making), and use of perspective, seem to allow Husain to create innuendo wherever necessary.

Indeed, Husain has never been afraid of controversy. This book, written in somewhat of a defensive tone, seems to bypass some of the most significant themes of Husain's painting. For example, Husain's Ramayan and Mahabharata as well as the depiction of Hindu gods such as Hanuman and Ganesha, are often discussed due to Husain's tendency to humanise and contextualise their imagery according to emotions such as desire. This marks the contemporary reinterpretation of ancient India. In one of his catalogues, Husain cited a large translation by Ganapati from C. Rajagopalcharia's Mahabharata. Husain humourously appropriates the last lines, "it was before the days of painting", crossing out painting and replacing it with the word "printing".

Perhaps the beauty of Husain's work is the outcome of the creative freedom that he has usurped. This began with his membership in the Progressive Artist's Group in 1947 during the nascent fervour of the Quit India movement. The credibility of his non-conventional art rests in its 'Indianness'. He has been known to paint the six deities on six canvasses simultaneously, only to paint over them, or to attend a viewing of Hum Aap Ke Hain Kaun (Who Am I to You: a Madhuri Dixit film) conducting the song and dance scenes with a paintbrush. Indeed, this is also the basis for his creative insight.

Husain has travelled to China, had one-man shows in Latin America, Europe, North America and Asia. He has had major auctions with both Christies and Southeby's. So has Husain travelled in India, as the horses in his work crossed the many horizons portraying insightful emotion and thought-provoking beauty.

(C. Prasada works on gender issues at the United Nations, and has interest in the art of collage)

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