Just in case you were wondering

यो सरकारको काम कस्तो हुनेछ भनेर प्रतीक्षा र परीक्षा गर्नुपर्ने कुनै आवश्यकता छैन । लोकतन्त्रको नाममा सवैभन्दा जनउपेक्षित र पंगु साबित हुने बाटोतिर उन्मूख छ यो सरकार ।

मूल्य र मान्यताको उपहास

Back to the future

DAULAT JHA

Barely a year after the historic CA elections, the first elected government of the nascent Republic of Nepal toppled and has been replaced by a new one. The accusations and counter-accusations, the virtual and near-splits in political parties, moral posturing, the alleged buying of parliamentarians, the talk of foreign intervention – all these are uncannily familiar to the post-1990 political environment, which many believe to be one of the most important reasons for people’s disillusionment with the multi-party democracy of the time, and the cause of its demise.

To any observer of Nepali politics, the resignation of the cabinet hardly came as a surprise. Looking back at the circumstances immediately following the Constituent Assembly (CA) elections, the stage had already been set. It took almost four months for the-then incumbent prime minister to make way for the new one. The coalition that made it possible for the Maoists to head the government, under the leadership of PM Dahal was, at best, a hodge-podge one driven more by short-term strategic interest and with serious fissures within the coalition. Furthermore, both the partners of the coalition, the CPN-UML and the Madhesi Janaadhikar Forum (MJF) themselves had two almost equally divided camps within them. The longevity of the Maoist-led government was thus going to be determined by two critical dynamics – one among the coalition partners and the other within the individual parties of the coalition.

The give-and-take politics, that is the hallmark of any parliamentary system where no outright majority exists but particularly the defining feature of Nepali parliamentary politics, began immediately. Factions realigned themselves during the election of the president and the vice-president, where ethnicity played a crucial role. Ironically, a staunch critic of the Madhes movement was elected as the first Madhesi president, and a controversial judge as the first vice-president, also of Madhesi origin. Both roles had no historical precedents, but while the vice-president courted controversy, the president performed admirably well. That, however, was until the Chief of Army Staff (CoAS) controversy.

Most cry foul at the Maoists. But it appears both the UML leadership as well as the MJF had first agreed to seek clarification and if necessary sack the CoAS for feuding with an elected government.

What were the circumstances that led to the controversy, ultimately leading to the resignation of the government? Who were at fault? Who violated constitutional norms and who upheld them? These are questions that have bitterly divided the political parties and the civil society alike. Suddenly, we have become a nation of lawyers, each with our own suitable interpretations of the constitution and the workings of Nepali politics to match our world-views. One thing we can all agree on, though – the elected body, which acts both as a Constituent Assembly given the task of drafting the new constitution and as a Legislative body, has so far failed to achieve anything substantial.

Most cry foul at the Maoists. They should not have taken a unilateral decision. This is fine and good but it appears both the UML leadership (the chairperson, the general secretary and the cabinet-representative) as well as the MJF had first agreed to seek clarification and if necessary sack the CoAS for feuding with the elected government and most particularly disobeying the Defense Ministry. This had been evident in various forms (with both sides at fault depending on the incidents and interpretations) – in the reintegration controversy, the recruitment controversy, the retirement of the eight generals controversy, and the National games controversy.

The current controversy erupted when, led by the Nepali Congress, the faction within the UML that were staunch critics of the Maoists decided to go for the kill. Both the UML and MJF had managed to strengthen their parties following their general conventions despite serious disagreements and appearing to be on the verge of splitting up, perhaps driven by the sole imperative of keeping their parties intact. This was only how it looked on the surface though – the differences had been far from sorted out.

The MJF, for their part, played the good coalition partner putting forth two alternative proposals to resolve the crisis and create consensus, and not boycotting the cabinet meeting. They argued that either a committee formed within the cabinet or a high-level committee consisting of all major parties in the parliament be formed to study and report on the clarifications provided by the CoAS, the recommendations of which should be made the basis of any further action against the CoAS. It appears that all other coalition partners agreed except the Maoists, the reasons for which remain unclear. Was it because the Maoists were frustrated with their performance in the government and feared disillusionment among the public, preferring to play the opposition? Was it to placate their indoctrinated foot soldiers who were starting to get restless seeing no real achievement on the ground and finding their leadership too reconciliatory?

Whatever the reasons, the fact on the ground remains that the prime minster and his cabinet resigned. The UML led coalition has formed the new government, with most of the parties signing on. The constitution-making process has been stalled. And there has been no change in the lives of ordinary people; if anything, things have gotten worse. The new government has many major tasks, most important of them being to expedite the constitution drafting process. It is the successful completion of this task that will bring an end to this transitional period and complete the peace process. The Maoists should cooperate, as they have promised, to achieve this end.

Many cases are pending in the Supreme Court, and leaders should wait for the due processes to be followed. A functional democracy is only possible if the check-and-balance mechanisms put in place between the legislative, the executive and the judiciary is maintained. It is shameful for the president’s office to say that the judiciary has no jurisdiction on the issue of the president issuing an order to the CoAS to continue his work despite being sacked by the elected government, arguing that this was a political issue and not a constitutional one. The constitution in itself is a political document, and there ought to be no mechanisms to bypass it; and it is the Supreme Court that has the vested right to interpret the constitution.

As trite as it sounds, the need of the hour is a politics of consensus, if only for a year more by when we are stipulated to draft the new constitution. Soon after that, we will have another general elections, where the democratic will of the people shall be expressed (provided we correct the flaws that were so apparent in the CA elections). Marginalizing the Maoists will have serious consequences to the peace process. Thus, it is the onus of the new government to reach out to the Maoists and keep them engaged in the peace process.

Published on myrepublica 2009-05-24

NGO rising

नेपालमा सरकार भन्दा गैर सरकारी संस्था प्रति विश्वास बढ्दो - डेनमार्कले ३० करोड सहयोग दिने रे। पाउनेमा मार्टिन चौतारी पनि परेको रहेछ। चाखलाग्दो खबर।
डेनमार्कबाट ३० करोड अनुदान

Constitution

Here's the draft proposal at Bhattarai's website:
http://www.baburambhattarai.com/

Nepali Times suspects something -

Just about every clause of the draft statute prepared by the coordinator of the Maoist Constitution Suggestion Collection Committee is objectinable. Ok, its stated objective is to spark debate, but the timing is suspicious. It has come out just as the CA members have gone forth to collect inputs from the people.

Probably means there's something good in it.

Everybody must read

the Old Nepal is alive despite what we here at Naya Nepal like to think. The new Crisis Group Report is out & available >>
Some highlights - On parties, No fucking change here! UML is " unsure where it stands ideologically, tactically and strategically." NC is "less democratic than ever. MJF is worried of being "outflanked by a more organised challenge from TMDP, NSP or other Madhesi parties." Khume and Govinde are reported to be making a comback. And the Maoists are "more clumsy than totalitarian".

"The noisiest conservative revival has been spearheaded by the urban upper classes. That the Maoists are not the new Khmer Rouge they predicted has not deterred constant cries of “totalitarian dictatorship”. For all their cadres’ sporadic brutality, the Maoists have not muzzled the press, locked up political prisoners or indeed implemented any notably dictatorial measures. Ironically, it is only when they propose genuinely illiberal measures such as completely banning strikes that the “liberal democrats” have rushed to embrace them. In contrast, a budget so un-Maoist that it satisfied the World Bank and the International Monetary Fund (IMF) was greeted with derision for its excessive ambition as well as claims that programs such as a national literacy scheme were camouflaged steps towards a takeover of the state."

prostituting couple

धेरै सुनिन्छ, चलखेल भन्ने शब्द , खास गरि गिरिजाकै मुखबाट। दुई ढुंगा बिचको मेटाफोर के अझै सार्थक छ?

Menon also met with former prime minister and Nepali Congress President Girija Prasad Koirala on Tuesday. In the meeting, Koirala said "India must pressure Maoists to ensure that they behave sincerely," said Sujata Koirala, the NC's International Department chief.

...Meanwhile, in Delhi, the main opposition party Bharatiya Janata party (BJP) on Tuesday charged the Indian government with remaining passive over China's growing influence in Nepal.

India's foreign secretary visits Nepal >>

Finally....

“Koirala Retires”, says eKantipur, as if he had fulfilled his promise of retiring from active politics after the CA elections. They do not mention much else. It’s been an excruciatingly painful two months.

So, MKN as President? I still think it is sad that someone who was defeated in two constituencies should be selected as the president.

And our Madhesi parties give an indication of the days to come – they are already obstructing parliament.

Agreement after Agreements

...And too few implemented, that too selectively.
This time it's a 7 point one! See comments for details.

Vacuum

It has been a distinguishing feature of our peace process – averting disaster at the last moment. And once again we find ourselves at the end of a cliff. Will our political leaders pull it off again?

The Maoists have threatened to quit the government and file a vote of no confidence against the current government. They are also threatening to take to the streets from tomorrow. Not sure what the legal provisions are but I think a two-thirds majority is needed according to the interim constitution. Of course we never figured out what kind of a system would be implemented after the CA elections. Hence all the trouble now.

Meanwhile, our erstwhile opportunist Upendra Yadav – after being unjustly sidelined during the Big Three talks – will relish the limelight, and possibly his vote against Girija. But it looks like MJF too have finally made up their minds about not joining the government. There are rumors of a possible split in the party. TMDP wisely decided not to join the government and meanwhile start expanding their organizational structure. MJF, if it is wise, ought to focus on their structure and prepare for next elections rather than lose popular support, which is a virtual certainty if it joins the government.

All that said, until the international players get on the same boat, our leaders can continue to quarrel all they want.

Impunity we can no longer stand

We demand an independent inquiry by a high level commission (of National Human Rights Commission, if possible) of the following three incidents – Surkhet, Dang, and Rautahat. NHRC had cited these incidents a few days after the elections but neither the government nor any other body has followed up. The Nepali media has once again acted the same way as in the past – preferring not to speak boldly about these sensitive issues, for various reasons including threat to local journalists and allegiance to political powers that be. In all three incidents, circumstantial evidence point to the involvement of strong political powers and the local administration.

Punishing those guilty after an independent inquiry would be a fitting tribute to the aspirations of the Nepali people, for their desire to break from the past and forge a new Nepal. So far, it is yet to materialize. Here are the three incidents:

Murder of Surkhet’s UML candidate – The police now say that the bodyguard provided by the police for Rishi Prasad Sharma accidently fired two shots that killed him. They refused to interview or listen to UML cadres citing political biasness would not produce valid eye witness account. Locals in Surkhet are also demanding a new inquiry into the killing. The NC is also demanding an independent inquiry and has started protesting, to clean its name. Former Home Minister Purna Bahadur Khadka and bigwigs in the police could be involved.

Murder of 8 YCL cadres in Dang – Again, the media has decided to ignore any follow up on the incident. If anyone has more information on any updates, please post. As with the previous case, Khum Bahadur Khadka and the APF are alleged to be involved.

Rautahat bomb explosion on the eve of elections – Surprisingly ignored by the media, this is one incident where it appears that a lot of evidence suggesting direct involvement of Aftab Aalam, central committee member of the NC, and SPs of both the APF and Nepal Police, as well as the CDO.

A report prepared by a team of human rights activist lead by INSEC, solid evidence was procured showing that the bombing actually took place. As a reminder, on the eve of the elections, an explosion is rumored to have happened in Rajpur Farhadwa VDC, the village of Aftab Aalam. Aalam is the nephew of Late Sheikh Idris, an influential NC leader, with connections to Indian criminal gangs. It is rumored that upto 15 people, including Indian nationals, could have been killed. The police still deny that any explosion has occurred there. The HR team visited the rumored site and found that the roof had been recently reconstructed with new roof tiling and bamboo. The empty room was stuffed with new rice husk, and when the team wanted to remove the husk, they were attacked by the locals. The allegations are that following the powerful explosion, those close of Aalam were taken to India for treatment and some individuals that he could not trust were first sedated by a doctor who is Aalam’s relative and then taken to a brick factory, where they were burnt alive. These include two Nepali victims whose families have now come out in the open. The police, in front of the human rights team, told the families that they should have accepted the 2 lakhs that was offered to them as compensation, while still insisting that the police had visited the site 5 minutes after they heard the rumors of an explosion and found no signs of the explosion. It has become extremely clear that both SPs are closely involved. The locals have restricted movement of journalists and HR activists in the village. Aalam is basically a feudal landlord who has a strong grip over his village and an extensive relationship with Indian criminal groups.

We also condemn Nepali media’s role in promoting this culture of impunity, rather than playing the role of a strong watchdog – as it claims to be. The media could have covered the Rautahat report by the HR team with prominence. They did not – it was a small blurb in Nepal Samacharpatra only. We hope that the recent changes in the leadership of FNJ will make it more responsible, though honestly, I do not have high expectations.