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Dr. Baburam Bhattarai Stays On-Part 34

Issue 47, November 18, 2012

Siddhi B Ranjitkar
 
The spokesman for the UCPN-Maoist started off speaking in public in a challenging tone, and indicated his party and the partners in the governance were ready to confront both the head of state and the opposition if the head of state were to go against the Interim Constitution of Nepal of 2007, and were not to issue the presidential ordinance authorizing the government to use the budget as the partial budget was coming to an end in the mid-November. Leaders of the opposition coalition of the NC and the CPN-UML had been always using the confrontational language in public demanding the current government to quit rather than joining it for power sharing. The opposition coalition leaders had been talking about a consensus government ostensibly a power-sharing government but actually wanting to have the absolute power rather than sharing the power with all the political parties. No matter, what the political leaders do in their bid for power they should give the Federal Democratic Republic of Nepal a chance to survive, establish the federal democratic system of governance, and institutionalize the achievements made by the people in the people’s movement in 2006, and in the elections in 2008.
 
If we were to take a look at the public speeches of the opposition leaders such as President of the NC Sushil Koirala, his vice-president Ram Chandra Poudel, Chairman of the CPN-UML Jhalanath Khanal, Senior Leader Madhav Nepal of the CPN-UML, and other junior leaders of both the NC and the CPN-UML, we would find that their speeches said nothing but the demands for the ruling coalition of the UCPN-Maoist and the UDMF to quit the office. They always threatened to launch stormy street protests to remove the ruling parties from power. The opposition leaders were not ashamed of taking illogical and even illegal action such as removing the duly elected current government from the street protests.
 
Street protests were for removing the despotic regime when the political parties had no constitutional means to remove such a regime. In such a case, the people were the instrumental in making the street protests successful even going against the rule of law and the constitution. The current political situation was not of this kind. The opposition has the constitutional means to replace the current government with a new one, and take the power. They have even a chance of joining the government and enjoying the power being the part of the ruling coalition. If they did not want to join the ruling coalition they could go to polls for electing a new CA, and take the people’s mandate for governing.
 
However, the opposition leaders had been putting tremendous pressure on the head of state to fire the current legally established government, and then turn over the power to them. The head of state had not heeded the pressure of the opposition to fire the current government so far. The Head of State President Dr. Ram Baran Yadav had repeatedly said that he would stay within the boundaries of the Interim Constitution of Nepal of 2007. Fortunately, the head of state had been sticking to his words ignoring the tremendous pressure he had been facing from his former colleagues. Hopefully, the head of state would not crossed the constitutional boundaries and bring the political storm in the country.
 
The opposition leaders also had been putting pressure on the head of state not to issue presidential ordinance authorizing the government to use the budget for the FY 2012 even though the government was running out of money to pay the state employees causing hurdles to the service delivery. In this case, the head of state was heeding the pressure of the opposition, and repeatedly telling the prime minister to build a consensus on the budget before the head of state could issue a presidential ordinance.
 
How the prime minister could build a consensus on the budget for the FY 2012 when the opposition leaders did not want to talk to the prime minister about anything except for forcing him out of the office. That was really serious for the country and for the people. That was blatant disregard for the welfare of the nation and the people. The opposition leaders should not hold the budget hostage for the ransom of the resignation of the prime minister. At least for keeping the service delivery on, the opposition leaders needed to give a green signal to the Head of State President Dr. Ram Baran Yadav to accept the budget the government would be presenting to him.
 
If the Head of State President Dr. Ram Baran Yadav were to be a referee in the political game even though the politicians had been playing unscrupulously, he needed to disregard the opposition pressure and issue a presidential ordinance authorizing the government to use the budget for the FY 2012 saving the country from falling in the dark abyss of social, economical and political uncertainties. In the absence of the budget, securities and law enforcement officials would stop working, administrative service would be no more available, and the country would fall in chaos. No doubt, the opposition politicians wanted to bring such a situation in the country in the hope of toppling the government, but the head of state surely needed to be a referee and stop the foul players from the game. The head of state could do so just issuing whatever ordinances are required to run the country smoothly and hold the elections to a new CA.
 
Instead of giving in to the pressure of the opposition political leaders, the Head of State President Dr. Ram Baran Yadav needed to say to the opposition either to join the current government for sharing the power or go to the people for the elections to a new CA, and clearly say to them, “I am neither going to fire the current government nor to stop the budget for the FY 2012. So you guys either join the current government or go to the voters in preparation for the elections to a new CA. I am neither going to break the Interim Constitution nor put the budget on hold.” This action would be the only way out of the current political standoff.
 
No matter, what the political leaders do in their bid for power they should give the Federal Democratic Republic of Nepal a chance to survive. However, the public statements of both the ruling coalition and the opposition coalition showed that they were not caring about the Federal Democratic Republic of Nepal but they were ready to confront each other to stay in power or to remove the current government and grab the power. So, the opposition was pushing the head of state to indulge in the political game its leaders had been playing unscrupulously. Understandably, the ruling coalition was not in a mood to quit the office. So, the opposition could get the power only through the head of state stepping in the politics and removing the prime minister stating the prime minister could not build a national consensus and so, “I am removing him from power, and appointing Mr. X to the office of prime minister for forming a new consensus government.”
 
Then, surely, the current ruling coalition government would go to the opposition bench and launch street protests if we were to believe the public statements of the spokesman for the UCPN-Maoist and some leaders of the UDMF. They would certainly create a political storm whether the head of state and the government he had set up would be able to stand against it, was a big question. Then, another big question was whether the Federal Democratic Republic of Nepal would stand the political storm and would go to a dictatorial system remained to be seen.
 
Nepalis wanted to institutionalize the achievements made by the people in the people’s movement in 2006. The people’s movement in 2006 brought down the despotic rule of the then king; the people did not want to see any such person to come to power in other words, they did not want the dictatorial system of governance any more. They did not want any more people’s movement to fight against any dictatorial system, too. Consequently, people would unlikely to support any kind of street protests. Hitting the streets and making decisions on the streets would be the most unlikely case. The most likely case was to go to the law court and settle everything constitutionally and legally.

Nepalis wanted to see their aspirations expressed in the elections held in 2008 materialized. In the elections to a CA held in 2008, Nepalese voters gave overwhelming votes to the UCPN-Maoist and UDMF to go along and set up the Federal Democratic Republic of Nepal and institutionalize it promulgating a new constitution. The first session of the CA removed the king from the palace and declared Nepal a republic. Then, the Madhesis launched another movement for making Nepal the Federal Democratic Republic. However, the political immaturity of some politicians, the UDMF leaders joined the NC and the CPN-UML to elect the candidate of the NC to the office of the president and the candidate of the UDMF to the office of the vice-president setting the political tone of confusion. Only after the UCPN-Maoist and the UDMF formed a coalition to form the current government, the aspirations of the voters came true. The opposition leaders had been indulging in any sorts of tricks to dislodge the current government and kill the voters’ aspirations for setting up a Federal Democratic Republic of Nepal. Not following the voters’ aspirations, politicians had even let the man rejected by voters to be the prime minister causing great embarrassment to the voters. We hope that the head of state, ruling politicians and the opposition would follow the voters’ aspirations and institutionalize the Federal Democratic Republic of Nepal, and would not listen to the so-called leaders such Sushil Koirala of NC, and Madhav Nepal of CPN-UML rejected by the voters in the elections held in 2008 to put the budget on hold.
 
We already stated that the people were unlikely to support street protests of the political parties but if the people were to find the Federal Democratic Republic of Nepal was at risk then undoubtedly the people would rise up to protect and preserve it. No force of any sorts would be able to stop the Nepalis institutionalizing the Federal Democratic Republic of Nepal. The opposition coalition of the NC and the CPN-UML opposing the federalism simply has been prolonging the current political transitional period giving hope to the regressive forces to take Nepal back to the past system. However, these regressive forces would be well off not hoping such things to happen.

Head of State President Ram Baran Yadav has assured Chairman of UCPN-Maoist Prachanda that he would not take an "extra constitutional step" to end the "ingrained" political crisis in the country and a decision based on a consensus among political parties would be acceptable to him. Chairman Prachanda met Head of State Yadav at the presidential office at the Sheetal Niwas on Sunday, November 4, 2012. After the meeting, he told reporters that the President told him that any decision to be taken by political parties following a consensus on ending the current stalemate would be acceptable. The President also asked the Maoist chief, "not to run after the reports that he would take an extraordinary move to end the ingrained crisis in the country." "Don't believe in what is reported in media. Without consensus among political parties, I am not going to take any decision," Prachanda quoted Yadav as telling him. According to Prachanda, President Yadav urged him as the leader of the largest party in the dissolved-Constituent Assembly to take an initiative for early consensus. "The President would neither take any extra constitutional step nor act without forging consensus among the political parties", Prachanda told reporters after his meeting with the head of the state. The President made it clear to Prachanda that it would be difficult for him to endorse ordinances related to full budget without the parties first reaching a common understanding in that regard.  The government would not be able to pay even salary to the government staff if the budget were not endorsed by mid-November. (Source: Zeenews.india.com, Sunday, November 04, 2012)

President Dr. Ram Baran Yadav has told Chairman of UCPN-Maoist Prachanda that he would not take any step until political parties reached a consensus on resolving the political crisis at the 'impromptu' meeting held between the two on Sunday, November 4, 2012, at the time when “the President was preparing to oust the Prime Minister and take over the reigns of the government. However, the attempt was thwarted after the President could not garner support from the army, police and foreign diplomats,” a section of the Nepalese media quoted UCPN-Maoist leaders as saying. Chairman of UCPN-Maoist Prachanda said that the President urged him to take steps to resolve the political crisis, as he was the leader of the biggest party in the dissolved CA, during the one-hour-long meeting. "The meeting took place in a cordial manner. The President told me not to believe in rumors. He said he would not take any step without a political consensus," Prachanda said after the meeting. Chairman Prachanda and President Yadav also discussed the government's plan on bringing the budget through an ordinance. The ruling party chief Prachanda said that he told the President that the budget would be brought with a political consensus. The government has been preparing to bring a budget ordinance even if talks with opposition parties, which have been demanding the Prime Minister to resign, on resolving the political crisis do not make headway. President Ram Baran Yadav, who has been urging parties to reach a package deal on ending the political deadlock, has withheld all ordinances forwarded by the government ever since the CA was dissolved in May 2012. (Source: Nepalnews.com, November 4, 2012)

Former finance ministers in the opposition have said that the government does not have the authority to bring a budget ordinance unilaterally. The President is not obliged to give his seal of approval to issue the presidential decree on the budget if the government fails to forge a consensus among political parties, they said speaking at an event held in Kathmandu. "Political parties need to be considered as representatives of the people in the absence of Parliament," said NC leader Mahesh Acharya. "The President cannot approve a budget that is brought by the government unilaterally," added the former finance minister. "The constitution clearly states that the affairs of the state are to be governed on the basis of political consensus." "CPN-UML will not participate in the budget making process," said former finance minister Surendra Pandey. "The government cannot bring the budget ordinance by keeping all political problems at bay," he added. Rastriya Janashakti Party leader also former finance minister Prakash Chandra Lohani called on the President to reject any ordinance brought without a political consensus. "The President should issue an appeal to all parties to forge a consensus on pertinent issues. A round-table conference should be held to form a government of a national consensus."  (Source: Nepalnews.com, November 4, 2012)

Speaking at a press meet held by Revolutionary Journalists Association in Nepalgunj on Sunday, November 4, 2012, Education Minister and UCPN-Maoist leader Dina Nath Sharma accused the opposition parties of trying to push the country to the regressive direction provoking President Dr. Ram Baran Yadav to take 'bold move' in violation of the constitutional provision. "President has no rights to take any forceful move," he added, "Suggesting the President to take an unconstitutional step is an authoritarian thought of the opposition leaders." He also said that the government was trying to bring the full-fledged budget based on a consensus. However, he made it clear that the government would be forced to introduce the budget if consensus was not forged among the parties. (Source: Nepalnews.com, November 4, 2012)

In response to the chairman of the UCPN-Maoist Prachanda asking the NC for naming a candidate, the NC said that it would not name its prime ministerial candidate until the Maoists formally agreed to accept NC leadership of the next government, as the request of Chairman Prachanda was simply a ‘divide and rule policy’ of UCPN-Maoist. “Since, the UCPN-Maoist and the Prime Minister are bent on not letting Congress lead the next government, the proposal is nothing but a card thrown to create division in the NC. So, we will not give in to the Maoist ploy by giving the name in a vacuum,” said NC General Secretary Krishna Prasad Sitaula. Concerning how the Chairman of UCPN-Maoist asked for naming a candidate for prime minister, Sitaula said, “At yesterday’s meeting, UCPN-Maoist Chairman Pushpa Kamal Dahal told us that the incumbent Prime Minister Baburam Bhattarai should lead the consensus government. Then, he asked Congress to come up with its candidate so that both candidates could be discussed at a meeting of the parties. Congress President Sushil Koirala rejected the proposal immediately saying the NC would give the name in half-an-hour after the UCPN-M agreed to accept the Congress candidate.” (Source: HIMALAYAN NEWS SERVICE, November 3, 2012)

The NC did not want to name its prime ministerial candidate for the following two main reasons: First, President of NC Sushil Koirala, senior leader Sher Bahadur Deuba and Vice president Ram Chandra Poudel are all vying for the office of prime minister and choosing one of them would make the situation more complex. Second, the three leaders think that if one of the rivals becomes Prime Minister, the party’s internal power equation will be affected. The NC CWC member Purna Bahadur Khadka said, “The Maoist proposal was of a completely non-political nature brought to feel the NC’s pulse in order to embarrass it.” He said the proposal that the NC’s candidate should be discussed was unreasonable due to three reasons: The incumbent PM has not shown readiness to quit the office. The President has not called the parties to give the name of the next PM. And, the Maoist call was intended to create divisions inside the NC.  “NC will not show its foolishness by giving the name of its prime ministerial candidate for the purpose of discussion among parties. What will be the consequence if the name is rejected as per the Maoist wish? Won’t it become a joke? Won’t it damage Congress?” asked Khadka. (Source: HIMALAYAN NEWS SERVICE, November 3, 2012)

Spokesperson for the UCPN-Maoist Agni Sapkota said that the President needed not care much about political issues. At the regular press meet held at the party headquarters Koteshwor on Sunday, November 4, 2012, he said "The President's remark that he won't accept restoration of the Constituent Assembly even after the political agreement is illegal." Comparing the President with former king in his remark of not becoming a mute spectator, Spokesperson Sapkota said the President should not breach the constitution. "The President does not have the right to order government to fix the election," he argued. Moreover, he accused the NC and the CPN-UML of instigating the President for an unconstitutional move. The current government elected by the Constituent Assembly could not be toppled by anybody and if anybody dares to do so, people would retaliate immediately, he warned. (Source: RSS/thehimalayantines.com, November 4, 2012)

On November 5, 2012, Federal Democratic Republic Alliance (FDRA) said that it would not be wrong to unveil a full budget even if the parties were to fail in building a consensus on it; the full-fledged budget was mandatory by November 16 even without a political consensus. “Today’s meeting of FDRA directed the government to bring a full-fledged budget by the mid-November or else the country will plunge into economic crisis,” said spokesperson for FDRA Prem Bahadur Singh emerging from the meeting held at the prime minister’s official residence in Baluwatar. The FDRA also pressed the government to intensify talks with the opposition parties until the mid-November over budget, as the current partial budget expires in mid-November. FDRA came up with such a decision while the opposition parties have been arguing that the government has no moral right to bring the budget through a presidential decree. (Source: THT ONLINE, November 5, 2012). FDRA is the alliance of a number of political parties supporting the current coalition government of the UCPN-Maoist and the UDMF.

On Monday, November 5, 2012, Chairman of CPN-UML Jhalanath Khanal urged President Dr Ram Baran Yadav not to endorse the budget if it were brought without a political consensus of the political parties on it. At the meeting with President Yadav at the Sheetal Niwas presidential official residence in Maharajgunj this morning, the duo discussed the latest political development, budget, political stalemate and its way out to the crisis, said Khanal’s personal aide Ram Babu Adhikari. “The government should move ahead in compliance with the spirit of the constitution which states that the budget must be brought through a consensus among the political parties. Opposition parties are always ready to abide by the constitution,” Khanal said emerging from the Sheetal Niwas. “The incumbent government should be flexible on the issue of budget but it is not doing so and is hell-bent to bring the budget as opposed to the expectation of the other parties as well as the spirit of the interim constitution”, said aide Ram Babu Adhikari quoting Khanal as saying. (Source: THT ONLINE, November 5, 2012)

The opposition coalition of NC and CPN-UML held a meeting at the headquarters of CPN-UML at Balkhu on Tuesday, November 6, 2012, and decided to call a joint meeting of all the opposition parties on Thursday, November 8, 2012, and to urge the head of the state not to issue the presidential ordinance on the budget, the government is planning to forward to the office of the President. The Thursday meeting will unanimously request the President Dr Ram Baran Yadav not to endorse the ordinance related to the full budget the incumbent Maoist-led government is planning to forward without forging a political consensus, said Raghuji Pant of CPN-UML. According to NC Vice-president Ram Chandra Paudel, the meeting also decided to intensify the agitation against the government. (Source: thehimalayantimes.com, November 6, 2012)

Finance Minister Barshaman Pun has called on President of the NC Sushil Koirala at the latter’s residence in Maharajgunj to ask his favor for the full budget on Tuesday morning, November 6, 2012. At the meeting lasted for about one hour, Finance Minister Barshaman Pun urged President of the NC Sushil Koirala to help build a consensus on the full budget to avoid a serious financial crisis the country is facing soon. The government is ready to show a maximum flexibility for a political consensus to break the deadlock, said Minister Pun’s aide after the meeting. “A national unity government is as important as the budget. If the budget is issued after the formation of the national unity government, it will pave the way for holding the election by April-May.” NC leader Minendra Rijal told THT Online over phone quoting President Koirala as saying. He further said if the budget were brought without a consensus, it would spoil the political climate that was taking a momentum of late.  With the one-third budget ending in mid-November, Finance Minister Barshaman Pun has intensified his parleys with the opposition party leaders to build a consensus on the full budget. (Source: THT ONLINE, November 6, 2012)

Political advisor of the Prime Minister, Devendra Poudel said that the nation would plunge into a difficult situation if the President were not to approve the budget to be recommended by the incumbent government. “The government will table a full-fledged budget to the President by mid November for approval and if the President refuses to approve it, the nation will head towards an extreme situation,” said Poudel while speaking at an interaction event held by the Reporters Club in Kathmandu on Tuesday, November 6, 2012. “The government will not walk out until the major parties forge a political consensus,” said Poudel. He further said that the government would resign only if major parties were to promulgate a new constitution by the revived CA. (Source: THT ONLINE, November 6, 2012)

At a meeting held at the Sheetal Niwas presidential official residence, Maharajgunj on Wednesday morning, President of the NC Sushil Koirala urged Head of State President Dr Ram Baran Yadav not to approve the budget without a consensus. Having serious concern over the budget, President Dr. Yadav asked the parties to build a consensus on the budget at the earliest, said the NC President Koirala after the meeting. The meeting has been held at a time when the ruling coalition and the opposition parties are sticking to their own stance on the budget. The ruling coalition is making a preparation to bring the full budget even in the absence of a consensus while the opposition parties are demanding the government to build a consensus on the full budget, at the same time ruling out the budget by the incumbent government. (Source: THT ONLINE, November 7, 2012)

Leaders of the opposition parties met with the Head of State President Dr. Ram Baran Yadav at the latter's office, Sheetal Niwas on Thursday evening, November 8, 2012 asking him not to approve the budget being prepared by the government. They also submitted a memorandum to the President, explaining their position on the budget. In the memo, they suggested the President not to approve the budget. The opposition parties have been saying that the current government does not have authority to introduce the budget and that it must quit immediately to pave the way for forming a national government that will present the budget and hold elections. (Source: nepalnews.com, November 8, 2012)

The UCPN-Maoist and the NC leaders held a meeting at the Lazimpat residence of Chairman Prachanda on Thursday, November 8, 2012 on breaking the protracted deadlock. In the meeting, chairman of the UCPN-Maoist Prachanda urged the NC leaders to allow the government to present the budget for the remaining period of the current fiscal year. He also asked the NC to join the current government to give it the shape of a unity government. NC leaders outright rejected the proposal for a unity government. "They said that the Baburam Bhattarai's government be turned into a unity government. We rejected the proposal and ended the meeting," Vice-president of the NC Ram Chandra Poudel told the reporters after the meeting. Vice-president of NC Poudel also said that the NC was firm in its position on holding fresh elections to a new CA by a new government, and that it was not ready to allow the current government to present the budget. (Source: nepalnews.com, November 8, 2012)

President Dr. Ram Baran Yadav has urged Chairman of UCPN-Maoist Prachanda to reach a deal with the opposition parties on the budget, soon at the meeting held at the presidential residence Sheetal Niwas on Friday, November 9, 2012. President Yadav told Chairman Prachanda that the budget issue had become more complicated after the opposition parties formally requested him to block a 'unilateral' budget ordinance, the state-owned news agency reported. Talking to the media persons after the meeting with the head of state Dr. Ram Baran Yadav, Chairman of UCPN-Maoist Prachanda said that his party was doing its best to build a consensus among the political parties on ending the gridlock. Even if the parties do not come to an agreement on the budget, the ordinance will not be shelved, he added. The opposition parties have been saying that the current government does not have authority to bring the budget through the presidential decree. It must quit immediately to pave the way for formation of a national government that will present the budget and declare elections. (Source: nepalnews.com, November 9, 2012)

Speaking at the Reporters Club in Kathmandu on Friday, November 9, 2012, Peace and Reconstruction Minister Top Bahadur Rayamajhi has said that the President has no alternative but to accept the full budget recommended by the incumbent government; and the opposition has been planning to capture the state power by poisoning the ear of the President urging him not to approve the budget forwarded by the Maoists; and the consensus has been unable to forge due to the opposition’s hunger for power. Maoist leader Rayamajhi has said that if the incumbent government is the caretaker government then the President is also a ceremonial head of the country and the head of the state should accept the decision made by the caretaker government. (Source: THT ONLINE, November 9, 2012)

Speaking at a press meet at the party headquarters in Paris Danda on November 10, 2012, Spokesperson for the UCPN-Maoist Agni Sapkota has said that the opposition parties have been plotting to seize power by inciting the President; instead of seeking ways to resolve the problem through a consensus, both the NC and CPN-UML have been heading to the confrontation; the NC and CPN-UML leaders think that the government is their paternal property, but their designs of gaining power will be fruitless. The opposition leaders had appealed the President to direct the government to bring the budget following the consensus of the opposition on it but the President could only endorse the work of a government elected by the Constituent Assembly; he has no authority to direct the government, he added. (Source: HIMALAYAN NEWS SERVICE, November 10, 2012)

November 13, 2012

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