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CJ-led Government-19

Issue 30, July 28, 2013

Siddhi B Ranjitkar

 

The Election Commission (EC) has enforced the election code of conduct since July 22, 2013. The Federal Democratic Front has been holding talks with the four-party mechanism. The CPN-Maoist has hinted at holding talks with the government and the four-party political mechanism; however, its leaders have gone back to taking a firm stand on their demands for dissolving the current government, revoking the 11-point agreement the four-party leaders have reached, and annulling the 25-point Removal of Constitutional Hurdles the president has issued. The CPN-UML leaders have some doubts about holding elections to a new Constituent Assembly (CA) as scheduled for November 19, 2013. The NC leaders have been saying that the party is not for compromising the elections to a new CA at any cost.

 

The EC has published the election code of conduct in the State-run newspaper ‘gorkhapatra’ and has brought it to effect on July 22, 2013. Anybody violating the election code of conduct could face the fine of up to Rs 100,000. The election code of conduct is applicable to the government, political parties, and individuals. The election code of conduct will remain effective until the results of the elections are announced. Following the election code of conduct, the government cannot transfer the State employees from one place to another; political leaders cannot use the expensive mode of transport such as helicopters except for certain remote mountain districts; they also cannot do anything that will adversely affect the fair and free elections. The election code of conduct has specified the size of posters, amount of money candidates can spend, and so on.

 

Some media reports have it that five million voters have missed to register their names at the EC, and number of voters has been less than the number of voters in the past elections held in 2008. The EC has agreed on some of the eligible voters have missed the voters’ registration but the number is not so high as the reports have it if the number of Nepalis working and residing abroad is discounted. The EC also has said that it cannot extend the time for registering the voters. The EC disagrees on the decrease in the number of voters in comparison to the previous voters’ lists. Repetition of voters’ names has been rampant in the previous voters’ lists, as voters have their names registered at the districts and at the centers wherever they reside. This time, such repetition of voters’ names has been impossible because of the voters’ identity cards with pictures on them according to the EC.

 

The Supreme Court vacated its interim order against the Election Commission's decision on ‘not making a citizenship certificate mandatory for registration on the voter list’ on Tuesday, July 23, 2013. A full bench comprising acting Chief Justice Damodar Prasad Sharma and justices Girish Chandra Lal and Tarka Raj Bhatta announced the final verdict stating the interim order need not be upheld. Advocate Purna Chandra Poudel had filed the writ challenging the Election Commission's voter registration drive without making citizenship cards mandatory. The EC has already completed the registration process. (Source: nepalnews.com, July 23, 2013)

 

The Federal Democratic Front of eight political parties including the Madheshi People’s Rights Forum-Nepal headed by Upendra Yadav has been holding talks with the four-party mechanism. The Leaders of the front say that they are not against the elections, in fact, they have been insisting on holding elections as soon as possible, and they are participating in the elections but they are against some decisions made by the four-party leaders.

 

The Federal Democratic Front leaders say that they insist on keeping the previous provision made for the number of representatives directly elected and elected by the proportional representation intact. According to the previous provision, 40 percent representatives are directly elected and 60 percent by the proportional representation. The four-party leaders have changed it to the 50:50. The front leaders say that the four-party leaders have deliberately cut down the number of representatives to be elected to a new CA through the proportional representation to reduce the number of representatives of the Madheshi, ethnic and other underprivileged people.

 

The front leaders have complained that the four-party leaders have ignored the provision made in the Interim Constitution of Nepal of 2007 for a consensus all political parties have to build on any major political matter. So, they want to make corrections on the 25-point Removal of Constitutional Hurdles Ordinance, not to change the provision for the direct and proportional representation in a new CA, and to make the chairman of the Interim Election Council of Ministers Khil Raj Regmi to quit the position of the chief justice of the Supreme Court of Nepal he has been holding. The 25-point Removal of Constitutional Hurdles Ordinance has made the sitting chief justice Khil Raj Regmi to take office of the chairman of the Interim Election Council of Ministers.

 

So, the front leaders have continued to demand the resignation of Khil Raj Regmi from one of the two positions he has been holding. Precisely, they want Chairman Regmi to quit the position of the Chief Justice of the Supreme Court of Nepal, as they believe that it has severely violated the principles of separation of power between the executive and the chief of the judiciary.

 

Leaders of the front and of the four-party mechanism have held a meeting in Kathmandu on July 22, 2013. The front leaders have repeated their demands, and they have made it clear that they will not retreat from their logical demands for preserving the principles of the separation of power, and for keeping the 40 percent direct representation and 60 percent proportional representation.

 

President of NC Sushil Koirala has repeatedly made it clear that his party and he are not for bowing down to the demands of the election-opposing political parties, and he is for holding the elections to a new CA scheduled for November 19, 2013 at any cost. He is not going back to the provision for direct and proportional representation to the previous provision for 40 and 60 percent. He will stick to the 491 members of a new CA. He will not go back to a 601-memebr CA. Mr. Koirala claims to be the Democratic Party, and he sometimes claims to be a savior of democracy. However, his statements and activities have been of a dictator.

 

On July 20, 2013, president of NC Sushil Koirala said that the delay in the election could pose a threat to the country’s stability. “So, no one can thwart the election as it is inevitable to save country’s identity,” he said. He also disclosed that China, India, European Union and the international community have been pressing the political parties for election. (Source: Gorkhapatraonline.com)

 

Speaking at the concluding session of the two-day workers' training the Madhyapur Thimi Municipal Committee of NC held to mark the 32nd Memorial Day of Bishweshwor Prasad Koirala on Saturday, July 20, 2013, General Secretary of NC Prakashman Singh has said that the UCPN-Maoist has been hatching a conspiracy to foil the November 19 Constituent Assembly elections. Singh has said that the UCPN-Maoist is against the upcoming Constituent Assembly elections; the Congress will stand against any attempt to obstruct the election process. (Source: RSS news posted on thehimalayantimes.com)

 

On Saturday, July 20, 2013, President of NC Sushil Koirala has said that the second Constituent Assembly election scheduled for November 19 this year is a reality and can't be deferred. "There were doubts about the first CA poll. Similar doubts are being expressed about the second CA poll, too. I want to ensure you that the poll will be held at any cost," he said interacting with the local party members in the Lamjung district. (Source: nepalnews.com)

 

Concerning Chairman of UCPN-Maoist Prachanda saying to the delegates of the Nepal Federation of Indigenous Nationalities (NEFIN) that he is with the NEFIN if the NEFIN is to launch a protest, speaking to the delegation of NEFIN Koirala said. “If we are still stuck in ethnic wrangling, conflict and instability, our country has to face severe consequences. Every ethnic group, class and creed has to make some sacrifices to bring political stability in Nepal.” (Source: nepalnews.com)

 

Speaking at the first national gathering of the Terai Madhes Democratic Teachers' Union in Birgunj on Saturday, July 20, 2013, Chairman of Terai Madhesh Democratic Party (TMDP) Mahantha Thakur has said that a federal constitution with the provisions for social diversity, inclusion and civil political culture is essential for sovereignty, dignity and identity of all the Nepalis; federalism along with ethnic identity is the need of the hour. “Federalism that recognizes the identity of one and all, their culture, religion and language and ensure freedom of all citizens is essential,” he said. (Source: RSS news posted on thehimalayantimes.com). TMDP is one of the members of the United Democratic Madheshi Front (UDMF). UDMF is one of the members of the four-party alliance, and UDMF is the member of the four-party political mechanism.

 

The Federal Democratic Front leaders have charged the leaders that have been against the 40 percent direct election and 60 percent indirect election with curbing the representation of the Madheshi, ethnic and underprivileged people to a CA. They also charged the leaders that have been against the 40 direct percent and 60 percent indirect representation with having the wrong notion of the presence of the Madheshi and ethnic people in the past CA has led to the no promulgation of a new constitution. In fact, the NC and CPN-UML leaders have been against the federalism with power to the states; this has led to the demise of the past CA, and no promulgation of a new constitution.

 

The CPN-Maoist has set up a talk team comprising mainly of its leaders ignoring other 32 political parties it has claimed to lead. The Federal Democratic Front comprising eight political parties has broken away from the 33-party front. So, the front the CPN-Maoist led has effectively been only of the 25 political parties including the CPN-Maoist. Other political parties in the front the CPN-Maoist claimed to be leading have been bitterly against the CPN-Maoist forming a talk team without consulting them. So, three communist parties such as CPN-ML, CPN-United, and the People’s Front have pulled out of the front led by the CPN-Maoist and have held direct talks with the four-party political mechanism. The front led by the CPN-Maoist has effectively 22 political parties including itself. Almost all of these political parties except for the CPN-Maoist are insignificant parties. The CPN-Maoist has not been a formal political party, as it has not registered at the EC. So, it is the association of a bunch of hot-blooded activists.

 

The CPN-Maoist has hinted at holding talks with the four-party political mechanism, and with the government, too despite the hardliners such as CP Gajurel, Dev Gurung and Ram Bahadur Thapa opposing it. The government has written a letter to the CPN-Maoist inviting its leaders to talks. The CPN-Maoist has not responded it. Similarly, the four-party mechanism also has written a letter to the CPN-Maoist and other political parties to talks. Chairman Vaidhya has said that he is for holding talks with the four parties. Spokeswoman for the CPN-Maoist has said that her party will hold talks.

 

The government has once again invited the CPN-Maoist and its alliance to talks. On July 19, 2013, Home Minister also the coordinator of the government talks team Madhav Ghimire sent a formal letter to the chairman of CPN-Maoist inviting him to talks. "You are well aware that the present government was formed to accomplish the responsibility of holding the elections to the Constituent Assembly among others and all efforts of the government are centered on holding the election in a free, fair and credible environment," Home Minister Ghimire said in his letter. Recalling the government's calls for dialogues with different political forces, Home Minister Ghimire admitted that no formal talks between the government and the CPN-Maoist and the front under it had been held so far. (Source: Gorkhapatraonline.com)

 

Again, chairman of CPN-Maoist Mohan Vaidhya has gone back to opposing the talks with the four-party mechanism indicating the hardliners winning the political game in the CPN-Maoist. He has repeated the previous demands for dissolving the current government, annulling the 11-point agreement the four parties have reached, revoking the 25-pint Removal of Constitutional Hurdles Ordinance issued by the president, postponing the elections, and calling a round table conference to form an all-party government to hold elections. Nobody could meet all these demands. It has indicated that Chairman Vaidhya has been defeated by the hardliners in the party. They don’t want to hold elections to a new CA at any cost.

 

Chairman Vaidhya has even threatened that his party will take physical actions against the candidates. It is a serous threat made to the candidates. Chairman Vaidhya clearly wants to terrorize the candidates with the aim to disrupt the elections to a new CA. He also wants to combine violence and conflict to disrupt the election. The government will surely strongly deal with the terrorist acts.

 

The CPN-Maoist has written to the diplomatic missions in Kathmandu asking them for not supporting the elections to a new CA scheduled for November 19, 2013 by any means. The CPN-Maoist has done so to counter the ever-increasing pressure of the international community on it to take part in the elections.

 

In a statement issued on Saturday, July 20, 2013, the 33 political parties including CPN-Maoist opposing the Constituent Assembly elections scheduled for November 19 said that the elections would weaken democracy and national sovereignty. So, the parties urged all friendly countries of Nepal to stop extending financial and moral assistance to the election. "The proposed election can't provide an outlet to the current impasse. It is, therefore, useless to support an election that will only complicate the situation further," added the statement. (Source: nepalnews.com)

 

The donor community has reiterated its support for the November 19 Constituent Assembly elections. “Nepal’s development partners reiterate their strong support for Constituent Assembly elections in November 2013 and local government elections thereafter,” said Terence D. Jones, acting UN Resident Coordinator Terence D. Jones in a statement issued on behalf of the development partners on Tuesday, July 23, 2013. Jones further said that the development partners “appreciate efforts to convene representatives of all political parties to reach agreement on the final parameters of free and fair elections that will lead to an inclusive Constituent Assembly” and that their contributions to the Elections Commission of Nepal are designed to help ensure that the polls are held on time and are credible and inclusive. (Source: nepalnews.com, July 23, 2013)

 

President Dr. Ram Baran Yadav Tuesday urged political parties to build an environment conducive to the elections in order to ensure the participation of all parties in the upcoming election. He made this statement during his meeting with CPN-UML senior leader also former Prime Minister Madhav Kumar Nepal. The head of state suggested that the major political parties should take initiatives to discourage anti-poll activities. After meeting, Nepal said that the President expressed his concerns over the statement of CPN-Maoist leaders that they could forge alliance with ex-king Gyanendra. Nepal informed the President about his India visit starting on Wednesday, July 24, 2013 at the invitation of Indian Prime Minister Dr. Manamohan Singh. (Source: grokhapatraonline.com, July 23, 2013)

 

Speaking at a news conference held by the Makawanpur chapter of the Revolutionary Journalists’ Federation in Hetauda on July 22, 2013, Chairman of CPN-Maoist Mohan Vaidhya said that it was inevitable to work together with the nationalist and patriotic forces including the former king for keeping intact the national sovereignty and indivisibility. "Although we have talked of collaborating with the former king for protecting the national autonomy and to foil the growing foreign meddling in the country's affairs, the CPN-Maoist will not compromise on the republic, secularism and federalism," the CPN-Maoist chairman said. He said that the parties opposing the CA election including his own party would participate in the election if an all-party national unity government were formed through a roundtable conference as suggested by his party and the CA election were held by that government. He reiterated that the government should make efforts on creating an environment conducive to all the political parties participating in the elections to the Constituent Assembly through dialogue. He also warned that his party would strongly retaliate if the government and the four political parties were to forcibly hold the elections. (Source: Gorkhapatraonline.com)

 

Former king Gyanendra has been in the far western Nepal and has been distributing the relief materials to the victims of the recent floods in the area. The EC has decided that Gyanendra distributing the relief materials violates the election code of conduct. So, the EC wrote to the government on July 24, 2013 to stop Gyanendra from distributing relief materials. The government has decided on July 25aa, 2013 to stop anybody distributing relief materials and then distribute such relief materials through the State agency. Some political analysts say that if Gyanendra is to be a candidate in the elections it certainly does violate the election code of conduct, as political parties and individuals supporting political parties are not allowed to do anything that influences the elections.

 

UCPN-Maoist's Central Committee (CC) member also an influential leader of the party Dr Baburam Bhattarai Tuesday revealed that his party would make an agreement with other parties on main leaders of all the political parties getting elected in the CA polls scheduled for November 19. "Our party will soon start discussions with other parties to this effect because problems had arisen in the last CA as some main and influential leaders of parties had lost the poll," the former Prime Minister said while talking to the media persons at his resident at Sanepa, Lalitpur. He also remarked that former King Gyanendra Shah's recent activities had given rise to the risk of a counter-revolution in the country. "Gyanendra's recent activities are serious," he said. (Source: gorkhaparaonline.com, July 23, 2013)

 

The CPN-Maoist launched the nation-wide campaign against the elections starting on July 25, 2013. On the same day, the UCPN-Maoist also launched the month-long election campaign. The result was that the UCPN-Maoist cadres campaigned for the elections whereas the CPN-Maoist cadres disrupted such campaign inviting direct confrontation between the cadres of both the Maoists to the amusement of the political leaders that took the pleasure in the fight between the different groups of the same Maoists.

 

The CPN-UML leaders have not been sure that the elections scheduled for the November 19, would be held. The CPN-UML has decided to hold the general convention of the party after the elections to a new CA despite the rival leaders putting pressure on the establishment to hold general convention of the party as soon as possible. The establishment believed that if they held the general convention before the elections the party would not be able to hold all the leaders together and go to the polls undivided.

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