Note no. 450

24-June-2008

NEPAL: Post Election Mess: A matter of Shame: Update No. 162 

By Dr. S. Chandrasekharan 

It is a matter of shame for all the constituents of the Seven Party Alliance that even after two and a half months of the Constituent Assembly Elections, the parties are more keen on grabbing positions and power than in running the government.  The three main parties, the Maoists, the Nepali Congress and the UML seem to be discussing among themselves behind the scenes important and substantive issues, ignoring the other interest groups.  The Constituent Assembly unlike a parliament is sovereign in its own right and yet it is also ignored! 

In the bargain, it is also forgotten that the interim constitution is not an end in itself but is a temporary measure to see through the drafting of a new constitution within two years as is mandated and to look forward to an era of stability, inclusive governance and prosperity. 

Meantime, no body seems to be concerned about the total lawlessness in the country and the government seems to be ineffective and helpless.  Consider the following few incidents in the last few days-   

  • On 22nd June, 750 Armed Police Personnel of the Bagheswari Battalion revolted, got hold of all the arms and equipment and took as hostages 25 high-ranking police officials that included three Deputy Superintendents of Police.  They attacked the Superintendent of Police who tried enter the battalion premises and he had to be hospitalised.  Their demands were mainly against the poor quality of rations provided and the humiliating behaviour of the superiors. The agitation was led by the Assistant Sub Inspector Tej Bahadur Balayan.  It was called off a day later and a “22 point agreement” that will be applicable to all the APF Battalions was signed.  The leader of the agitation has threatened that they would renew the agitation if the agreement is not implemented fully.  So much for a disciplined armed police battalion!
     
  • On 19th June, the local bodies throughout the country shut down their offices in protest against the action of the Minister for forests and environment who locked the official in the toilet for over an hour far having gone against his instructions in issuing a stone mining license at the cost of local environment.
     
  • On 20th June, protesting students stoned the car of the Chief Justice right in the heart of Kathmandu at Puthli Sadak.  Another judge sitting in the car had to provide protective cover to prevent the stones from hitting Chief Justice.
     
  • On 21st June, the principals of six private engineering colleges were held captive for 72 hours for not bringing parity in the matter of fees between the private and government engineering colleges
     
  • On the same day, the Nepal Oil Nigam fuel outlets were shut down nationwide over fuel supplies.
     
  • On 19th June, the first year students of MEd resorted to vandalism at the examination centre of Padma Kanya Campus when the invigilator tried to stop them from cheating!
     
  • Normal life was disrupted on 22nd June when the transport entrepreneurs called for an indefinite strike throughout the nation against the decision of an increase of 25 percent transport fee and providing 43 percent concessions to the students.  The students are not happy with the 43 percent and they are demanding more!
     
  • On 16th June, Jhala Nath Khanal told his party cadres at Dang, to retaliate if the YCL cadres attack them instead of complaining to him.  This would amount to UML cadres taking law into their own hands.     

Leaders of the Seven Party Alliance have been meeting regularly at the Prime Minister’s residence at Baluwatar, to decide on three major issues which appear to be intractable.  The net result as we see today is that the Maoists and the UML appear to be closing ranks and are coming to an agreement outside the SPA and more significantly outside the Nepali Congress.  The Nepali Congress, in sticking onto the Prime Minister’s post is isolating itself.  Thus, the united front tactics of the Maoists appear to be working!

The Maoists as usual are adopting brinkmanship tactics to pressurise G.P. Koirala to resign.  Firstly the resignations of all the Maoist ministers were handed over to the Prime Minister.  On 22nd June, Baburam Bhattarai who was leading the Maoist delegation to the talks walked out of the meeting.  Prachanda, subsequently on 23rd has announced that they would now approach the people for justice instead sitting for another round. With the YCL still on the rampage, with the police demoralised and the APF taking to trade unionism, one can imagine the consequences of the Maoists taking to the streets. Perhaps the army will have to be called out and this will have more serious consequences. 

As said before, there are three major issues related to the fifth amendment that needs to be sorted out. 

First is the post of the Presidentship and each of the three parties is staking its claims for its own candidate.   

The Maoists have suggested veteran republican and the man who raised the flag against the monarchy more than four decades ago, Ram Rajya Prasad Singh as the President. A point in his favour is that he is a Madhesi though he has not worked for the Madhesi cause as such but for all the down trodden and neglected minorities.  

The Nepali Congress has suggested, G.P.Koirla for the Presidentship.  Their argument is that this will be a fitting finale for a person who has, despite his old age and declining health has managed to bring the peace process to a successful end.  All other parties are one in opposing this suggestion and it is unlikely that he would become the President.  G.P. has done his best for the country and before his popularity as a person who led the Jana Andolan II gets eroded could gracefully step down as Prime Minister.   Media reports indicate that G.P. has been advised by the legal experts that he could continue as Prime minster according to the interim constitution until a new PM is agreed upon.  But this would only create more problems for his party and the danger of all other parties ganging up against the Nepali Congress cannot be ruled out. 

It is surprising that the UML is projecting its former Secretary, Madhav Nepal as a candidate for Presidentship.  Madhav Nepal was discarded in both the constituencies- Kathmandu and Rautahat in the last elections and he has no moral right to seek the post of Presidentship of the country.  It is understood that the Maoists are willing to consider letting the UML take the post of Presidentship in return for the Prime Minister’s post but would prefer someone other than Madhav Nepal.

The second issue is over the integration of the PLA fighters into the Nepalese Army.  The Maoists insist that the cadres should be taken over into the army as a whole while the Nepali Congress is insisting that only those who meet the standards of the Nepal Army should be taken in.  In other words, the Maoists are for “group entry” while the Nepali Congress is for “individual entry” with individual qualification as the standard for adjustment.  A related issue is that Nepali Congress wants to go by the principle of “one weapon- one individual” but this has been rejected outright by the Maoists. With no agreement on integration, it is likely that the United Nations may be approached to extend its mandate that is due to end in July. 

The third issue equally intractable is the participation of the opposition party in the National Security Council.  The Nepali Congress is insisting that it should be represented in the council while the Maoists have so far flatly refused to consider this suggestion.  Their view is that it is the prerogative of the Prime minister to choose the members and they cannot afford “another centre of Power” once they take over the administration.   

It is time the leaders and the political parties realise their responsibilities and not subject the country to prolonged instability. 


 

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