CJ-led Government-11

Siddhi B Ranjitkar

Nepalis celebrated the sixth anniversary of the republic of Nepal. In a message to the nation, President Dr Ram Baran Yadav said that let us not repeat the past mistakes, and let us institutionalize the republican setup, according to ekantipur.com (Nepali). Similarly, political leaders also sent their messages to the Nepalis on the occasion. However, announcing the date for holding elections that would be one of the main instruments to institutionalize the republican setup has been entangled because of the unstable mental status of the so-called Nepalese leaders. They have been taking up minor issues rather than getting down to the nitty-gritty of the elections to a second Constituent Assembly (CA).

Nepalis celebrated the sixth anniversary of the republic of Nepal on May 29, 2013. Ram Raja Prasad Singh was the first Nepalese leader that had launched a slogan of making Nepal a republic about forty years ago putting his life at risk in the early 1970s at the elections of representatives of the university graduates to the then parliament called Rastriya Panchayat. At that time, Nepalese intelligentsia thought that it was the madness to put his political goal of making Nepal a republic. The then king sought his head, and revoked the provision made for the elections of representatives of the graduate constituent. After less than 40 years his dream came to be true. However, Nepalis could not appreciate his contribution to the republican setup, and could not make him the first president of the republic of Nepal. He died recently as the leader of his party called Republican Front.

Now, we have the president of Federal Democratic Republic of Nepal that had never thought of making Nepal a republic but his party had been for preserving the monarchy until the last moment of declaring Nepal a republic. However, on the occasion of the sixth anniversary of the republic of Nepal, President Dr Yadav gave the message to the nation stating the need for institutionalizing the republican setup not repeating the past mistakes.

What are the past mistakes? The first and foremost mistake was President Dr Yadav did not cooperate with the former Prime Minister Dr Baburam Bhattarai on holding elections to a second CA. Only the legitimate government for holding elections to a second CA was the popularly elected government headed by Dr Bhattarai but President Dr Yadav failed to understand this fact and forced the government to give way to form the four-party government of Khil Raj Regmi despite the opposition of the Nepal Bar Association, civil society and the 33-political parties including the CPN-Maoist. The president’s other mistakes were to issue the 25-point Removal of Constitutional Hurdles Ordinance, and then to appoint Khil Raj Regmi to the chairman of the Interim Election Council of Ministers (IECM), and then issue the Commission on Truth and Reconciliation and Whereabouts of Enforced Disappearance Ordinance against the opposition of the national and international human rights organizations, as this ordinance has been more for pardoning the perpetrators of human rights violence and murderers having the political parties’ protection than bringing them to justice and making the reconciliation possible. In addition, the president had put his rubber stamp on the recommendation of appointing the most tainted man called Lokman Singh Karki to the most responsible position of the chief of the Commission on Investigation into Abuse of Authority. If the president were to feel any sense of responsibility to the republic of Nepal, and if he were to have a little bit of sense of shame he would have quit the office but he shamelessly asking the Nepalis let us not repeat such mistakes. Surely, he would not have a chance to repeat such mistakes again. How could the newly set up republic flourish under the presidency of such a man?

Some professional organizations including the Nepal Bar Association boycotted to join in the celebration of the sixth anniversary of the republic of Nepal called by the president, and held a separate rally at Nayabaneswore in Kathmandu to celebrate the anniversary of the republic of Nepal. They are not going to pardon the president for his heinous crimes like mistakes. One of the professional organizations the Nepal Bar Association has declared the March 14, 2013: the day President Dr Yadav issued the 25-point Removal of Constitutional Hurdles Ordinance making amendments to the Interim Constitution for appointing the chief justice of the Supreme Court of Nepal to the chairman of the Interim Election Council of Ministers, as the black day in the history of the judiciary, as it has disgraced the judiciary.

A new republican constitution of Nepal is necessary for institutionalizing the republican setup. Political leaders have wasted the lasted five years in the sense that they did not promulgate a new constitution, and let the 601-member CA die on May 27, 2012. Thus, they made necessary for another elections to a second CA. However, the last five years have been the period of the most democratic exercises for the Nepalese political leaders. Nepalis also have been strong enough to stand against the misdeeds of the political leaders. However, the latest moves of the four major political parties such as UCPN-Maoist, NC, CPN-UML, and UDMF for amending the Interim Constitution of Nepal for making the chief justice of the Supreme Court of Nepal a chairman of IECM, and the appointment of Lokman Singh Karki have been against the will of the common folks, and professional organizations, and leaders of the civil society.

For promulgating a new republican constitution, holding elections to a second CA is necessary. The four major political parties have been hurdles to holding the elections to a new CA. On Sunday, May 26, 2013, leaders of the four major political parties held a meeting with the Chairman of the IECM Khil Raj Regmi to set the poll date. At the meeting, President of NC Sushil Koirala proposed the resignation of Khil Raj Regmi from the office of the chief justice of the Supreme Court of Nepal but chairman Regime out right refused the proposal of Mr Koirala.

Why Koirala asked Chairman Regmi to quit the office of the chief justice of the Supreme Court of Nepal? Mr Koirala probably believed that if Mohan Vaidhya of CPN-Maoist and Upendra Yadav of Madheshi People’s Rights Forum-Nepal (MPRF-Nepal) were to be on the four-party political mechanism making it a six-party political mechanism then holding elections to a new CA would be smooth. Probably, Mr Koirala has got the hint of taking seats by these guys on the high Level Political Mechanism of the four major political parties. These two guys have been the main voices of the opposition to the formation of the IECM, and they have been demanding to dissolve the IECM, and revoke the 25-point Removal of Constitutional Hurdles Ordinance, and to hold a round-table meeting of all the political parties represented in the previous CA, and form an all-party government to hold elections to a next CA otherwise they would not only not participate in the elections but also would disrupt the elections. So, Chairman Regmi did not see that these guys would join the four-party political mechanism making it a six-party political mechanism, as they have more serious demands than what President of NC Koirala could see.

Recently, Upendra Yadav of MPRF-Nepal has down to his demand for the resignation of the chairman of the IECM from the position of the chief justice of the Supreme Court of Nepal. He might join the four-party political party mechanism upon meeting his demands but his strength of opposition is not so high even though he also heads a front of six political parties. However, Chairman of CPN-Maoist Mohan Vaidhya claims to be heading the 33-political parties including his party against the current government and the misdeeds of the four-party syndicate, as he likes to label the four-party political mechanism is not in a mood to satisfy with the resignation of Regmi from the office of the chief justice of the Supreme Court of Nepal. In addition, he has indicated that he has not received any offer from Chairman of UCPN-Maoist even to talk not to mention to be on the four-party political mechanism. So, President of NC Koirala needs to understand the resignation of Regmi from the position of the chief justice of the Supreme Court of Nepal is not at all a big issue; the issues are the past mistakes as the president put them in his message to the nation on the occasion of the sixth anniversary of the Republican setup of Nepal. Mr Vaidhya wants the correction of these past mistakes. What Mr Koirala thinks about all these mistakes?

Apparently all the leaders of the four major parties including Mr Koirala agreed on holding a next meeting early on Monday, May 27, 2013 at the meeting on the previous day. However, Mr Koirala left Kathmandu for Bandipur early on Monday to participate in an event there keeping the leaders of three parties at the Convention Hall in Kathmandu waiting for him. Following the agreement, they could hold meetings only in presence of all top leaders of the four major political parties. The meeting was to set the date for holding elections to a new CA. Coordinator of the four-party political mechanism Jhalanath Khanal set Wednesday, May 29, 2013 for another meeting but Mr. Koirala has not returned to Kathmandu, yet. Mr. Koirala also was furious at setting the date of the meeting without consulting him. Chairman of CPN-UML Jhalanath Khanal got the position of the coordinator of the four-party political mechanism in rotation.

Mr Koirala did not bother to inform his colleagues why he would not be able to attend the meeting on Monday, May 27, 2013. He could have done so at least to save the most valuable time of the leaders but he did not do so for the reason left to anybody’s guess. Apparently, Mr Koirala was annoyed out right rejection of his proposal for quitting the office of the chief justice of the Supreme Court of Nepal by Chairman Regmi. Mr Koirala also got annoyed because Chairman of UCPN-Maoist Prachanda and Madheshi leaders also did not support his proposal. Only Chairman of CPN-UML Jhalanath Khanal was in favor of his proposal.

In a public speech on Sunday, May 26, 2013, Vice-president Permananda Jha said that asking the resignation of Khil Raj Regmi from the office of the chief justice without providing him with the benefits for the position of Chairman of the Council of Ministers was irrational, as chairman Regmi would lose all the benefits he would suppose to receive as the chief justice after quitting it; his tenure of the office of the chief justice is ending next year. Vice-president Jha said that the resignation of Chairman Regmi would not resolve the problem, as the problem had been primarily with the four major political parties.

Minister for Health and Population Bidyadhar Mallik said that Chairman Regmi would not resign from the office of the chief justice, as the Interim Constitution has already made a provision for the chief justice to be the Chairman of IECM. Minister Mallik also said that the four major political parties have been delaying in setting the date for holding the elections to the next CA not the government.

Even Vice-president of NC Ram Chandra Poudel, and General Secretary of NC Krishna Prasad Sitaula were not for the resignation of Chairman Regmi from the office of the chief justice of the Supreme Court of Nepal. Thus, poor Koirala has no support of his vice-president and his general secretary for his proposal for the resignation of Chairman Regmi from the position of the chief justice of the Supreme Curt of Nepal. Certainly Mr Koirala deserves to be angry in such a political situation.

The four political parties have not been able to resolve the problem of whether to hold the elections to a next CA following the past provisions for the number of CA members without the threshold of votes for the proportional representation or to follow the new proposed provision for 491-member CA and one-percent votes of threshold for the proportional representation.

Instead of resolving the issues of the number of CA members and the proportional representation, Mr Koirala stuck to non-issue matter such as the resignation of Chairman Regmi. Mr Koirala should be able to say he would not going to the polls with the previous provision for 601-member CA and without the provision for one-percent threshold at the meeting that was supposed to discuss this issue on Monday morning, May 27, 2013 rather than running away from the meeting. Mr. Koirala went to Bandipur showing his reluctance to pave the way for holding elections to a next CA. The question is whether Mr Koirala wants the elections to a new CA or not. If yes, he should attended the meeting of the leaders of the four major political parties and sort out the issues of the CA members and the threshold of one-cent of votes for the proportional representation. Mr Koirala skipping the meetings would mean he is not for holding elections to a new CA, and not for promulgating a new constitution, and finally not for institutionalizing the republican setup Nepalis have made.

Nepalis have reveled the sixth anniversary of Federal Democratic Republic of Nepal. Even the man of Mr Sushil Koirala’s political stature would not be able to stand in the way of Nepalis institutionalizing the republican setup in Nepal. Anybody standing in the way of republican would be swept away by the peoples’ storm. Nepalis have been strong enough to keep the republican setup that they have made at the cost of almost 20,000 lives of the brave sons and daughters. However, some political analysts tried to minimize the sacrifices of so many brave Nepalis for making Nepal a republic stating the republican setup has been made so easily in Nepal.

The irony is that the NC and the CPN-UML say that they want elections as soon as possible to reestablish a CA but they have stuck to their joint stand on sticking to the 11-point agreement reached among the four political parties, and the 25-point Removal of Constitutional Hurdles Ordinance. They should understand that elections would not be possible under these provisions they wanted, as majority of the ethnic people would lose their representation not only by the reduced number of the CA members but also by the one-percent threshold of votes for the proportional representations. However, the UCPN-Maoist and the UDMF want to hold elections to a new CA following the previous provisions made for no threshold, and the 601 members of a new CA.

Chairman of CPN-Maoist Mohan Vaidhya stood firmly against the 11-point agreement reached among the four political parties, and the 25-point Removal of Constitutional Hurdles Ordinance. He wanted the leaders of the four major political parties including other political parties following them listened to the 33-political parties including his party if they really were to hold elections to a new CA. Mr. Vaidhya also made it clear that the 33-poilitcal parties and he were not against the elections but only against the modus operandi of holding the elections.

Receiving a memorandum from the Reporters’ Club at his residence in Lazimpat on Tuesday, May 28, 2013, chairman of UCPN-Maoist Prachanda said that the election date would be announced within two days. Chairman Prachanda informed that the meeting of the high-level political mechanism slated for Tuesday would suggest the government the election date as the political parties were committed to hold elections. He said, "During a meeting between Chairman of the Council of Ministers Khil Raj Regmi and me this morning, we have agreed to announce the election date by Wednesday." Prachanda said that the government would announce the poll date immediately after it received the suggestion from the high-level political mechanism. Expressing his confidence in the election would be held within November, he said that the poll date would be announced on the Republic Day. Even those parties now against the election will participate in it. Chairman Prachanda said that Chairman Regmi and other ministers were found to be serious about announcing the date for the CA elections after settling the issue of the bill on election. Chairman Prachanda said that it was a sad matter that the political party leaders were demanding resignation of the Chairman of the Council of Ministers while he (Regmi) was preparing to hold the CA polls. He was appointed Chairman of the Council of Ministers following the agreement reached among the key political forces, and asking him to resign was a sad matter, Chairman Prachanda said. He warned that it could invite another disaster if the parties were to seek alternative to the incumbent government adding that it was not time to seek alternative to the government. He informed that he made several calls to chairman of CPN-Maoist Mohan Vaidhya Kiran but they were yet to hold a formal meeting. Chairman Prachanda however said that deputy chairmen Dr. Baburam Bhattarai and Narayan Kaji Shrestha met with Vaidhya. (Source: Gorkhapatraonline.com, May 28, 2013)

Speaking at a press conference held by the Ilam Chapter of Revolutionary Journalists’ Association in Ilam on Wednesday, May 29, 2013, CPN-Maoist leader Dev Gurung warned that the day of unilateral declaration of election date would be the day of beginning of another civil war in the country. Leader Gurung said, “With the declaration of election date, certainly there would be launching of a national liberation war or civil war in the country”. “They may succeed to hold elections through mobilization of army but it would invite confrontations and civil war in the country,” Gurung added. On the occasion, he repeated his party’s stance on holding a round table conference of all parties to decide various matters including the poll date. (Source: Myrepublica.com, May 29, 2013) 

Speaking at the ceremony of laying the foundation stone of a building of natural medicine in Rajahar of Nawalparasi on Wednesday, May 29, 2013, president of NC Sushil Koirala said that UCPN-Maoist was unwilling to go for Constituent Assembly elections as it often shifted its position on the agreement reached among the major parties. Koirala said, “It seeks to reverse the agreement a few days or weeks after becoming a party to it.” He made it clear that NC would not waver from its stand on the 25-point Removal of Constitutional Hurdles Ordinance meant to remove the constitutional barriers and the 11-point agreement the four major parties had reached. (Source: Gorkhaparaonline.com, May 29, 2013)

Addressing the sixth Republic Day at the Army Pavilion, Tundikhel on Wednesday morning, May 29, 2013, Chairman of IECM Khil Raj Regmi said that the election date would be finalized once the talks with the political parties turn positive. The government has been working in full swing to create an environment conducive to holding the elections, and the government has prioritized to hold bilateral, trilateral and all party political meetings in different dates and time. The government was holding discussions and making preparations in a large scale to give final shape to the bills on CA elections, he said. (Source: Gorkhaparaonline.com, May 29, 2013)

Speaking to the reporters at the Biratnagar airport on Thursday, May 30, 2013, Chairman of Terai Madhesh Democratic Party Mahant Thakur said that chairman of IECM Regmi needed not to quit the office of the chief justice of the Supreme Court of Nepal no matter who demanded it, as the four major party had agreed on him holding the office of the chief justice when he was installed as the chairman of the IECM. Chairman Thakur also said that the bills on elections would be passed soon, and elections would be held in November. (Source: Gorkhapatra, May 31, 2013)

CPN-Maoist did not register at the EC on May 30, 2013: the last day of registration for the purpose of the elections to the second CA. It has denied itself to participate in the elections. Spokeswoman for the CPN-Maoist said that her party would not register at the Election Commission, her party would not participate in the elections, and her party would not allow holding elections in the current state of affairs. She repeated the demands of her party for dissolving the current government, forming an all-party national government through a round-table meeting, and revoking the Citizenship Ordinance that had been instrumental to award Nepalese citizenship certificates to foreigners. (Source: Gorkhapatra, May 31, 2013)

May 31, 2013