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by Lynn Ockersz

Security or democratic institutions first? With security considerations looming large in both Western and Eastern hemispheres, this agonizing dilemma is bound to force itself on decision-makers worldwide with increasing urgency.

We have, for instance, the case of Nepal in South Asia, where parliament has been dissolved by the titular Head of State, King Gyanendra, on the advice of Prime Minister Shar Bahadur Deuba. The background to this development, which marks a setback in Nepal's democratization drive, is parliament's reluctance to co-operate with Premier Deuba, in extending emergency rule in the state. As is well known, the Nepalese government is battling a resurgent, "Maoist" insurgency, which is proving increasingly bloody and disruptive. Emergency rule was seen as necessary to quell the insurgency after the militants walked out of peace talks and returned to the bush recently.

Parliament was dissolved a few days before emergency rule was due to lapse on May 24. Following this move, Deuba called for fresh elections on November 13th. It is now learnt that the dissolution of parliament is being challenged in the Nepalese Supreme Court by a group of former law-makers - a move which is likely to bring into sharp focus the security or democratic institutions dilemma. In fact, the apex court has called on the Prime Minister to explain the dissolution of parliament.

The stage is thus set for a legal battle which is bound to bring to the surface issues in governance which would prove to be of universal significance, given the pervasive nature of security concerns. For instance, could measures aimed at enhancing state security be initiated by the political executive without legislative sanction, in a democratic polity? If so, to what extent could this be done? Whose will could be considered supreme in this context - that of the Executive or that of legislature, representing the popular will?

These are just a few of the issues which the political crisis in Nepal is likely to raise amid increasing indications that security concerns are emerging as prime considerations for principal states in the region. Meanwhile, the growing vulnerability of democratic institutions, norms and values to the world's rising security consciousness is graphically illustrated in the West where the need to bolster security is seen as "riding roughshod" over the principles of human rights. This was the principal theme of a lecture delivered in London recently by UN High Commissioner for Human Rights, Mary Robinson.

Delivering the fifth Commonwealth lecture titled 'Human Rights in the Shadow of September 11', Robinson was quoted saying that, "There has been a tendency to ride roughshod over or at least to set on one side - established principles of international human rights and humanitarian law".

Rising human rights violations, increasing racism, insensitive law-and-order measures against those considered illegal immigrants and minority oppression in some states of the West, are some of the negative consequences from the worldwide "War on terror". As we have often pointed out in this column, even the rising popularity of the Far Right among some sections of Western opinion, should be seen as part of this negative fallout.

What is true of the West, could very well be true of Asia too. There is rising Western pressure on states such as Pakistan to crackdown harder on those sections of the public who are seen as supportive of "terror". This could have a decisive impact on Pakistani society and intensity its security concerns, rather than defuse them.

Although India and Pakistan are now showing signs of stepping back from "the brink" in their current standoff with each other, they would have to grapple with the dangerous internal consequences flowing from their involvement in the "War on terror".

This renders them no better off than Nepal which is compelled to consider carefully the anti-democratic nature of its measures aimed at enhancing state security. The preservation of internal security and their territorial integrity are prime considerations for almost all South Asian states but these concerns need to be finely balanced with their equally crucial concern for the sustenance of democratic institutions and values. This is an unusually tough challenge but one which must be addressed if democratic development is to be persisted with.

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