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Note no. 549
23-Oct-2009
NEPAL: No Solution yet on the “Civil Supremacy” Problem: Update No. 208
By Dr. S. Chandrasekharan
Consensus still eluding:
The three member task force representing the three main parties - the Maoist, the Nepali Congress and the UML are still working on a consensus document called Sankalp Prastav to end the present crisis over the refusal of the Maoists to allow the parliament to function until the problem of civil supremacy is resolved.
In the last meeting held on the 22nd of this month, after intensive discussions, the parties came very close to an agreement on the text of the Prastav, but at the last minute, the Maoists backed out. They wanted a very explicit mention against the President’s move earlier to reinstate Army Chief and also an undertaking in the text that this will not be repeated in future.
This demand is too humiliating particularly for the Nepali Congress and the Maoists appear to be confident of having their way finally!
For one, the parliament is scheduled to meet on October 27th after the Tihar and Chaat festival and everyone was hoping that the Maoist leadership would relent. But it looks that their stand has hardened. Does it have anything to do with the recent visit of the top leadership to China?
On 18th of this month, Dr. Baburam Bhattarai gave three options to the other parties, when talks were already going on for a common consensus statement on the position of the President. In fact the latest draft put forth by the other two parties reiterated the status of the President as a “constitutional head” thereby implying that he should not have issued an order countermanding the sack order of the cabinet. Yet this was not enough for the Maoists.
The options given were
1. If the parties agree for a parliamentary debate on civilian supremacy. (It is not clear why the other two parties are not willing for a discussion on this issue. After all the government holds a majority in the parliament and civilian supremacy is one of the accepted norms of democracy)
2. Sign a joint resolution on the President’s role.
3. Apology from the President for his move on the Army Chief- (This is out of question- The Maoist should know what it means when they demand the head of the country to apologise.)
It is the second route that the parties are trying- to forge a consensus, but any indictment of the President will be an affront to the dignity of the office of the President. This appears to be the main sticking point in the current Sankalp Prastav.
Apart from Baburam Bhattarai, other Maoist leaders are also speaking differently. While Prachanda on his return from China was confident that a solution will be found in the “next few days”, Mohan Baidya (Kiran) declared on 21st October that there is no alternative to protest since the Nepali Congress and the UML are sticking to their stand. He wants the other two parties to show flexibility on the President’s issue though his party appears to be unwilling to make any concession on the same issue.
PM Madhav Nepal’s priorities:
Prime Minister Madhav Nepal, in his address to the conference on Nepal’s National Interest, Policies and Recommendations mentioned that his priorities will be 1. Positive and meaningful conclusion of the peace process. 2. Drafting a new constitution 3. Accelerating social and economic transformation of the country through increased and effective mobilisation of both external and internal sources.
I do not think the Prime Minister can do much on the last issue unless the first two issues are settled.
The Constitution Drafting Committee is set to miss the dead line of November 15th again for the sixth time as five of the eleven sub committees are yet to get ready their concept paper. In the concept papers produced so far, the Maoists proposed certain radical concepts like the appointment of Supreme Court judges and others by the parliament, no compensation to people whose lands are seized by the government etc. An independent judiciary is one of the pillars of democracy and control of judiciary by the Parliament may not be acceptable to other parties like the Nepali Congress.
With such proposals, constitution drafting is not going to be an easy task and it is likely to be delayed further.
Visit of UNMIN to Cantonments:
The UNMIN Chief Karin Landgren along with the ambassadors of the five member countries of the Security Council visited the Nepal Army camp on 23rd in Kathmandu and this will be followed up by a visit to the PLA cantonment in Chulachuli in Ilam. The visit is a prelude to the meeting of the Security Council where Nepal’s peace process will be coming up for discussion on November 3rd.
There has been no progress on the PLA integration/ rehabilitation either, and all the Security Council will do, is to extend the UNMIN’s term as it suits everybody including the government!
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