CJ-led Government-27

Siddhi B Ranjitkar

The all-party meeting called by the president started on Friday, September 13, 2013, ended on Monday, September 16, 2013 without any decisive conclusion. The CPN-Maoist wanted to make sure the resignation of the chairman of the Interim Election Council of Ministers (IECM) whereas the four-party political mechanism sought the written commitment of the CPN-Maoist to take part in the elections to a new constituent assembly (CA) scheduled for November 19, 2013. After the inconclusive all-party meeting ended on Monday, September 16, 2013, the CPN-Maoist leaders went to the president seeking his intervention in bringing the four-party political mechanism to agree on their demands; the president has rightly rejected it stating his constitutional status does not permit him to do so. Separately, the four-party leaders also went to the president for briefing him on the outcomes of the meeting.

President Dr Ram Baran Yadav had called the all-party meeting at his office obviously for bringing together the election-opposing front and the election-opting front together to talk in his presence at his office. The meeting was started on Friday September 13, 2013. Leaders of the CPN-Maoist gave positive signals to take part in the elections on the first day. So, the all-party meeting continued on Sunday. However, by Monday, the CPN-Maoist leaders have clearly stated that they are not for participating in the elections scheduled for the November. The four-party leaders also have made it clear to the CPN-Maoist leaders that postponing elections is constitutionally not possible but they are ready to request the chairman of the IECM to quit the office of the chief justice if the CPN-Maoist leaders were to make written commitment to participating in the elections.

On the first day of the all-party meeting, leaders of the CPN-Maoist leading the 33-party front presented their four-point proposal. They are 1) resignation of the chairman of the IECM from the office of the chief justice, 2) formation of a new government of political parties under the chairman of the IECM, 3) a round table conference for building a national consensus, and 4) postponing the elections scheduled for the November for Chaitra (March/April).

Chairman Khilraj Regmi has a number of times made it clear that he would not quit the office of the chief justice, as the provision for making the chief justice a chairman of the IECM was made in the 25-point Removal of Constitutional Hurdles Ordinance issued by the president on March 14, 2012. His contention is that he has been a chairman of the IECM by virtue of the office of the chief justice; if he were to quit the office of the chief justice, the government would automatically become unconstitutional and a next chief justice has to take over if the government is to be made constitutional. So, the resignation of the chairman from the office of the chief justice is not coming.

Formation of a government of political parties under the chairman of the IECM is not constitutional at all. The 25-point Removal of Constitutional Hurdles Ordinance has made a provision for a government of neutral persons such as the retired bureaucrats after the four-party political leaders could not agree on any government of any political party. Formation of a new government is another impossible demand put forward by the leaders of the CPN-Maoist at the all-party meeting held in the presence of the president and the vice-president on Friday, September 13, 2013 and Sunday, September 15, 2013.

Holding a round table conference for building a national consensus is not probably a problem. However, building a national consensus on the matters the CPN-Maoist wants is not possible, as the CPN-Maoist leaders themselves have been against building such a consensus, as they have been not for moving even a step back from their stand on postponing the elections scheduled for the November.

Constitutionally, postponing the elections scheduled for the November for Chaitra (March/April) also is not possible, as the 25-point Removal of Constitutional Hurdles Ordinance has made a provision for holding the elections by the neutral IECM in the November. The IECM is formed to hold the elections to a new CA in the November not later.

At the meetings, leaders of the CPN-Maoist have said that postponing the elections for Chaitra (March/April) is a technical matter; so, it should not be a problem. They have said that technically impossible for them to participate in the elections in the November. They have continued to put stress on postponing the elections for Chaitra (March/April). The four-party leaders say that postponing the elections for a few days is possible but not for months as the CPN-Maoist leaders want.

Leaders of the CPN-Maoist have said that the chairman of the IECM should resign from the office of the chief justice for the separation of power between the judiciary and the executive. They have totally ignored the provision made for suspending the office of the chief justice held by Khilraj Regmi for the period he is holding the office of the chairman of the IECM. So, their statement of Chairman Khilraj Regmi holding two offices is illusive. In addition, they also have ignored the constitutional provision for the chief justice heading a government for holding the elections.

After the inconclusive all-party meeting held on Monday, September 17, 2013, leaders of the four-party political mechanism, and of the 33-party front led by the CPN-Maoist separately went to see President Dr. Ram Baran Yadav to brief the president on the results of the meeting.

At the briefing meeting with the president, leaders of the CPN-Maoist have urged the president to play an active role in making the all-party meeting a success. However, the president has rightly rejected the plea of the CPN-Maoist leaders for involving in the talks stating his constitutional status does not permit him to interfere in the businesses of the political parties.

Leaders of the four-party political mechanism also have briefed the president on the all-party meeting ended inconclusively on Monday, September 16, 2013. At the briefing, they have said that even though they have not been able to reach an agreement with the 33-party front led by the CPN-Maoist, they have kept the door opened to holding talks with the 33-party front in the future. They are ready to improve the four-party political mechanism through a round table meeting, to set up a taskforce to build a consensus on the fundamental issues of a new constitution, to expand the government on the recommendations made by the 33-party front headed by chairman of CPN-Maoist Mohan Vaidhya, to prepare a draft of a new constitution within the six months of the elections to a new CA, and to craft a new constitution within a year, according to the news in the State-owned newspaper ‘gorkhapatra’ of September 17, 2013.

Ignoring so many constraints on meeting their demands, and demanding the unconstitutional things to do, the leaders of the CPN-Maoist have been obviously trying to trick the four-party leaders into postponing the elections, and then into bringing the constitutional crisis. However, the four-party leaders have not fallen on the trap of postponing the elections set by the CPN-Maoist leaders. The four-party leaders have been committed to hold the elections in the November.

At the meeting held in Pokhara, the Central Committee of the CPN-Maoist had made a decision on boycotting the lections to a new CA, and disrupting the elections scheduled for the November. Recently, the CPN-Maoist has made a decision on continuing holding talks with the four-party leaders on the elections to a new CA, and at the same time launching the street protests against the elections to a new CA.

The CPN-Maoist leaders have been very truthful to their decision on continuing holding talks with the four-party leaders on the elections to a new CA, and at the same time launching the street protests against the elections to a new CA, as their cadres have shut down the eastern terai areas, and most of the hill areas while they have been holding talks in presence of the president and the vice-president in Kathmandu on Friday, September 13, 2013 and Sunday, September 15, 2013. The CPN-Maoist cadres have continued the shutdown of businesses of the common folks in those areas on Monday, September 16, 2013, too, when the CPN-Maoist leaders are holding talks at the all-party meeting.

The CPN-Maoist cadres set fire on a passenger bus that has obviously defied the shutdown the cadres have been enforcing in the Banepa-Dhulikhel area. Fortunately, none of the passengers has been injured. Unfortunately, the bus owner has suffered from the loss of the bus worth of millions of rupees. The CPN-Maoist leaders did not care about the loss of the private and public property for achieving their goal of shutting down the traffic and businesses of other people violating the fundamental human rights of the people to move around at will and to work and earn livelihood.

National Human Rights Commission (NHRC) of Nepal has vigorously opposed the CPN-Maoist cadres forcibly shutting down the businesses of the common folks and the traffic. NHRC has said that such shutting down of the businesses of the people and the traffic has seriously violated the human rights, and called for taking serious actions against the cadres violating the human rights of the common folks, and for bringing the culprits to justice.

Local people have defied the shutdown calls of the CPN-Maoist cadres in Banepa, Birgunj, and some other areas, too. Local people have said that Nepalis cannot shut down their businesses at the time of the fast approaching greatest festival called Dasain. Common folks need to work and earn to meet the resources required for celebrating the greatest festival. Storeowners don’t want to close their businesses for the fear of losing their festival businesses.

In a statement issued in Kathmandu, the representative of the diplomatic missions in Kathmandu of the European countries such as Denmark, Finland, France, Germany, Norway, Switzerland and the United Kingdom has said that shutting down the businesses of the common people has violated the human rights, has hampered the development activities launched with the assistance of these countries in Nepal, and such shutdowns are anti-social activities, too; so, they are willing to support the State law-enforcement agency to stop illegal shutdowns, and to bring the culprits to justice.

In a counter statement to the statement of the representative of the European diplomatic missions in Kathmandu, the CPN-Maoist has vigorously reacted, and has said that such a statement of the European diplomatic missions is clearly the intervention in the Nepalese affairs; and it also has said that the CPN-Maoist has no other means to peacefully protest against the elections to a new CA except for shutting down the businesses of the common folks. These Maoist guys believe that their cadres burning a bus, and forcibly shutting down the stores, and stopping any vehicles on the streets are a peaceful protest. These are terrorizing acts that could not be justified by any reason.

At the same time, the Election Commission is strictly following its election schedule in preparation for holding the elections to a new CA in the November. According to the news published in the State-owned newspaper called ‘gorkhapatra’ on September 17, 2013, the Election Commission is opening one each election office at each of the 240 constituencies for registering the candidates participating in the direct elections to a new CA, and one election office in Kathmandu for registering the candidates for electing through the proportional representation system. Each candidate has to register his or her candidacy for participating in the direct election at the election commission office opened at the constituency where s/he wants to stand for elections on September 26, 2013. Political parties have to submit their lists of the candidates for the proportional representation in the sealed envelops at the office opened in Kathmandu for registering the candidates for the proportional representation on September 23, 2013. The Election Commission has extend the time for registering the nominations of candidates by a week on September 19, 2013

The Election Commission (EC) has issued three election codes of conduct: one to the political parties, another to the media, and third to the voters. The EC will take strong actions against any political party or media or voters violating any code of conduct. These election codes of conducts have been effective from the 90 days before the day of holding elections.

The government has been preparing for providing the voters and election officials with security for smoothly holding elections on November 19, 2013. The government is deploying 155,000 security personnel to ensure high-level security for holding the elections to a new CA in the November. About 50,000 regular police, 20,000 armed police force, and temporarily recruited 40,000 police will provide security during the Election Day to prevent any violence. About 45,000 Nepal Army will be deployed for the overall security of the electoral booths and polling stations.

President Dr Ram Baran Yadav issued the Removal of Constitutional Hurdles Ordinance on making the total number of CA members to 601 on September 17, 2013 the day Chairman of IECM Khilraj Regmi submitted the recommendations to the president on this matter. After the inconclusive talks with the 33-party front headed by the CPN-Maoist at the all-party meeting on Monday, September 16, 2013, leaders of the four-party political mechanism has asked the chairman of the IECM to go ahead with the full preparation for holding the elections to a new CA scheduled for November 19, 2013.

At the talks held with the Federal Social party headed by Ashok Rai, the four-party leaders have agreed on going back to the provision made for 601 CA members: 240 directly elected from the constituencies, 335 to be elected by the proportional representation system, and 26 to be nominated making altogether 601. Previously, the four-party leaders have agreed on making 585 CA members with the Federal Democratic Front headed by Upendra Yadav. Before that the four-party leaders have decided to make the CA members 491: 240 directly elected, another 240 by the proportional representation, and 11 to be nominated reducing 110 members from the original 601 members of the dissolved CA.

On September 17, 2013, the four-party leaders have gone to the EC for requesting the Chief Election Commissioner for extending 5-10 days for registering the nominations of candidates obviously for making room for holding further talks with the leaders of the 33-party front headed by the CPN-Maoist to make them participate in the November elections but in reality to have more time for the four-party leaders to manage the difficult task of finding correct candidates for both the direct elections and proportional representation. The Chief Election Commissioner has said that technically it is very difficult to extend the registration of nominations for even a day but he will discuss with other Election Commissioners for exploring the possibility of doing so. On September 18, 2013, the IECM also made the same request to the EC. The EC has extended the time for registering the nominations of candidates by a week on September 19, 2013.

The international community means the donor agencies working on the development projects in Nepal and all the diplomatic missions including the Chinese and Indian, is for holding the elections in the November as scheduled. Recently, at the separate meetings with the chairman of UCPN-Maoist, ambassadors of China and the USA have repeated their commitments to support Nepal for successfully and peacefully holding elections in the November, as the elections are the only means to institutionalize democracy.

However, the CPN-Maoist leaders have been sticking to their childish demands for the resignation of the chairman from the office of the chief justice and for postponing the elections. They have either ignored or don’t know that their demands are not possible to meet constitutionally. Surely, any provision in the Interim Constitution of Nepal of 2007 can be made by the presidential ordinance, but the four-party leaders and the 33-party front have to build a consensus on the provisions they wish to make in the constitution. If both the parties in negotiation don’t want to step back on their respective stand and don’t want to follow the principles of the compromise: give and take, then the majority rule follows.

Nepalis want peace, development and justice that are possible by institutionalizing the republic through the elections to a new constituent assembly for crafting a new constitution, and enforcing it. This will bring the political stability, social and economical development, and hopefully justice to the common folks. Anybody or any political party going against the elections is surely anti-political stability, and ant-social and economic development.

September 19, 2013