Dr. Baburam Bhattarai Stays On-Part III

Siddhi B Ranjitkar

Chairman of UCPN-Maoist Prachanda has been the father figure in the Nepalese politics; so, everybody including the leaders of other political parties such as NC and CPN-UML look at him with the hope of managing the current unmanageable politics in Nepal. In fact, the current political situation has been blessing in disguise for flourishing democracy in Nepal, as it has been an exercise in democracy for political leaders of all parties. If a single party has the majority in the parliament, such a protracted exercise in the democratic norms and values would not have been possible. However, Prachanda should not give everything Nepalis took from the royalist establishment in the people’s movement of 2006 to the old establishment in the name of ‘give-and-take’ negotiations. Completing the peace process and the constitution writing will certainly set the hard foundation of democracy in Nepal making anybody coming power by force impossible. It also is true that everybody has been taking maximum benefits from the current political situation and the weak government.

Prachanda has to prove that he is not only capable of managing his party for keeping all dissidents under one umbrella but also he has to demonstrate that he could manage the current most unmanageable political situation. Once Prachanda has said in public that fighting a war is much more easier than managing the politics in democracy. It is true in the war the commander-in-chief orders and others simply execute the order whereas in democracy he has only two tools such as persuasion and negotiation to use for bringing all politicians under one umbrella and leading them to agree on completing the peace process and the constitution writing. The art of persuasion he has practiced, and the patience he has demonstrated during the last several years have elevated him above all the politicians in Nepal. His willingness to negotiate with everybody for everything has resolved numerous contentious issues concerning a new constitution. Only the few contentions issues such as the state restructuring, system of governance and so on are left to be resolved. If he stands firmly on his boots he would certainly resolve such irresolvable issues, too.

Yes, in democracy, everybody has the rights to speak loud and demand anything in the world but everyone needs to follow the rule of law and follow the democratic norms and values if not anarchy will prevail. Making everybody follow the rule of law is the precondition for flourishing democracy. Every political system in the past collapsed because the rule of law was not universally practiced. Some privileged people stayed above the law and did not follow the rule of law. That was the reason why they have fallen from power. So, any leader should not allow anybody staying above the law.

Referring to the ruling of the Supreme Court of Nepal on the extension of term of the Constituent Assembly, Prachanda has once said in public that he will follow the verdict of the people rather than the ruling of any court of law. What he said about following ‘only the people’s verdict’ at the first impression looked like he was not for following the rule of law but some legal experts interpreted what he said was correct, as the Supreme Court of Nepal overstepped the prerogative of the parliament of its rights to amend any articles of the Interim Constitution of Nepal of 2007. In fact, the parliament had only amended the article of the Interim Constitution of Nepal of 2007 making the provision for extending the term of the Constituent Assembly. So, according to the legal experts no matter what the ruling of the Supreme Court of Nepal has been, the parliament keeps its rights to amend any article of the Constitution and can amend it again extending the term of the Constituent Assembly. The ruling of the Supreme Court of Nepal on ‘not extending the term of the CA not more than once’ would have been strong if it has quoted the article of the Interim Constitution of Nepal of 2007 and states ‘extending the term of the CA more than once’ would be unconstitutional following the quoted article. So, the ruling of the Supreme Court of Nepal on this matter has been arbitrary and discretional according to the legal experts, and has left room for the legal experts to interpret it, as they like. So, it is not a surprise what Prachanda has said concerning this matter.

Prachanda has brought the political situation to the current status from the most chaotic situation starting from the date of signing off the 12-point Understanding between the then CPN-Maoist and the Sven Party Alliance on November 22, 2005 to tear down the monarchy; now, only a few steps he has to make to complete the peace process and the constitution writing but he has been facing the tremendous opposition not only from the opposition leaders in the parliament but also from the rebellious faction called the ‘Vaidya faction’ of his own party. However, he has been the master of turning the table to his advantage of any apparent disadvantages he has faced. So, sensible Nepalis believe that Prachanda would be successful to bring the rebels and the opposition under one umbrella again.

Recently, the rebellious Vaidya faction of UCPN-Maoist has brought together the broken pieces of communist parties and has agreed on going together to launch a program on bringing down the current government and writing a people’s constitution and so on. They formed a Joint National People’s Revolution Committee Nepal (JNPRCN) to launch their common program according to the news on ‘The Rising Nepal’ of March 24, 2012. Prachanda has called the Vaidya faction of his party for discussing the matters of their concerns at the Central Committee meeting of the UCPN-Maoist but Vice-chairman of UCPN-Maoist Mohan Vaidya ‘Kiran’ did not agree on even calling a meeting of the Central Committee of the party not to mention discussing the matters at it. After the refusal of the Vaidya faction for sitting at the meeting of the Central committee of the party for discussing the matter of their concerns, Prachanda in turn has said that they would go their way and he would go on his way. This means the Vaidya faction of UCPN-Maoist would continue its program on tearing down the current government of Vice-chairman of UCPN-Maoist Dr. Baburam Bhattarai while Prachanda would follow the path of completing the peace process and the constitution writing while Prime Minister Dr. Baburam Bhattarai stays on in power; thus, the two programs of the same party going parallel according to Prachanda but really head-on confrontation to each other. Prachanda has said that two parallel programs of the same party are possible. He gave the example of the Communist Party of the Soviet Union having two parallel programs. Prachanda needs to take into account that the Soviet Union and its communist party had been a failure. Whether Prachanda wants to follow the same path to the demise of his party or simply a small example to justify the current situation of his party remains to be seen.

Opening the Western Industrial Exhibition and third Baglung festival in Western Nepal on March 26, 2012, President Dr. Ram Baran Yadav has urged the four political forces such as UCPN-Maoist, NC, CPN-UML and UDMF to complete the historic tasks of the peace process and the constitution writing within the deadline, ‘The Rising Nepal’ of March 27, 2012 writes. He also has called for the political stability to achieve the economic development stating the leaders have failed to consolidate the political gains that have been made since the political revolutions of 1951 making the Nepalis need to continuously fight for regaining democracy; this time, too, Nepalis have demonstrated unprecedented love and sacrifice for the nation during the janaandolan II (People’s movement of 2006) for regaining democracy and establishing a republican set-up, and called for implementing the seven-point deal reached among the four political forces about four months ago (November 01, 2011); so, all leaders need to unite to institutionalize the Federal Democratic Republic of Nepal; Nepalis would never backtrack from it according to ‘The Rising Nepal’ of March 27, 2012.

Stating Nepalis are not for backtracking from the federal democratic setup in Nepal, the president has made it clear to the leaders particularly the NC leaders that have been deadly against the federalism shrouded in an veil of opposing the federal states based on the ethnic names that Nepalis would not agree on anything except for the federalism. So, Prachanda has the support of the president for making Nepal a federal democratic republic.

Speaking at the same Baglung function, stating the leaders have failed to consolidate the political gains made since the political revolutions of 1951 making the Nepalis need to continuously fight for regaining democracy, the president has made it clear that whatever Nepalis have gained in each revolution have also lost to the royalist establishment again and again. In 1951 Nepalis took everything from the Rana autocratic family rulers but again lost to the Shah rulers in 1960. For 30 years, the royalist establishment had grabbed everything from the people. They had everything but people suffered from hunger and disease, as they had nothing. Again Nepalis rose against the Shah establishment in 1990 but this time too the political leaders did not institutionalize the democracy that would have given the people rights to self-determination in their lives, and to prosper. Consequently, the Shah ruler grabbed the power in 2005 leaving Nepalis high and dry again. After the protected war against the royalist establishment, Nepalis again took everything from the royalists in 2006 kicking out the monarchy but the royalist establishment has continued the attempt on taking back whatever Nepalis have gained so far.

Speaking at the function held to open a building at the Chhaimale Village Development Area in the constituency no. 10 of Kathmandu from where he got elected to a lawmaker, Chairman of UCPN-Maoist Prachanda has said that the country has no alternative to building a consensus on the peace process and the constitution writing; so, all political parties should be flexible to complete the peace process and constitution writing leaving their rigid stands aside, ‘The Rising Nepal’ of March 27, 2012 writes. "Let’s bear in mind that the new constitution will not be framed on the basis of what one individual party says, the current time is for give-and-take," Prachanda said. He also has said that he has focused all his attention on vacating the PLA cantonments after integrating them into various state security agencies. He is not for reaching a deal on the form of governance, election system and federalism now, as federalism is for the identity and capacity, federal states cannot exist without identity.

Following the give-and-take policy, Prachanda should not give whatever Nepalis have gained in the people’s movement of 2006 to the advocates of the old establishment. Nepalis have lost everything to the royalist establishment for centuries. Majority of Nepalis had nothing except for the labor that had been used for maintaining the luxurious lives of the ruling class for centuries. An oligarchy of the ruling class enjoyed everything denying anything to the people in general. They enjoyed monopoly on the natural and even human resources, army, police and civil administration. Their male child even at birth enjoyed the position of general in the army.

After the people’s movement of 2006 and the Madhesh movement of 2008, Nepalis have discarded not only the oligarchy of the ruling class but also the root of this oligarchy: monarchy, too, and declared Nepal a federal democratic republic. However, the remnants of the royalist establishment have been making every possible effort on taking back the federalism from the people. Nepalis are not wiling to give it back to anyone. So, following the policy of ‘give-and-take’ Prachanda should be careful not to give away the federalism in negotiating with the neo-royalist establishment. In fact, what Prachanda can take from them is nothing, as everything has been in the hands of people. They simply want to get the things they have lost to the people in the people’s movements. So, federalism should be there for keeping everything the Nepalese people have taken from the royalist establishment. If they lose the federalism this time, another people’s movement would be more violent than the previous movement, and would destroy the remnants of the royalist establishment. What the Vaidya faction of UCPN-Maoist talking about another people’s revolt might come true in the vigorous manner than the previous people’s movements.

Nepalis of different faiths, ethnic groups, and people in general want to enjoy their fundamental rights to prosper. The ruling class of the previous regime did not share anything with the common folks making the people to live in destitute. They kept the rights to do everything denying any rights to the people. This time, Nepalis want to keep everything. They don’t want to lose the federalism and the people’s power they have taken from the ruling establishment. The neo-royalist establishment has been saying that the federalism should be following the capacity and identity. This might be only the pretext to deny the people the rights to self-development. Sensible Nepalis won’t agree on anything other than absolute federalism.

If Prachanda wants to give in to the neo-royalist establishment in the name of federalism following the capacity and identity, he would not have the people’s support for it. First they have not defined the federalism based on the capacity and the identity; thus, it remains abstract for the common folks. How could anyone talk about the capacity of the people that have uprooted apparently the mighty monarchy? This might be the strategy of these neo-royalist guys to trick the people again to their control. So, Prachanda should negotiate with the NC and CPN-UML without giving anything people have taken from the past royalist establishment. The people would keep whatever they have gained from their movements no matter what kind of war they would need to fight.

The law courts had served the interest of the royalist establishment in the past. Even now, these law courts have not been independent. Their rulings have been arbitrary. For example, the Supreme Court of Nepal has sent former minister Jayaprakash Prasad Gupta to jail for illegally amassing huge assets when he has been a minister overturning the ruling of the Special Court on acquitting Gupta, and has instructed the Judicial Council to take actions against the judges that have acquitted Gupta accepting the bogus evidences as real ones. The Special Court is set up for taking up the cases of abuse of authority and corruption.

The army and the police had been for protecting the royalist establishment in the past. They did not serve the people. Rather they had exploited the people extracting everything from them as much as possible. Even now, they are for protecting the interest of the establishment. So, Prachanda needs to make the provisions in a new constitution for making sure that these state agencies serve the interest of the people not giving anything to the neo-royalist establishment.

The new constitution should provide the people with every possible opportunity for their self-development. One of the opportunities is the federalism. Federal states should have every opportunity to develop their human and natural resources to the extent possible in the interest of the people residing there. Therefore, federalism is for ensuring the rights to self-development for Nepalis. Some people use the term ‘self-determination’ for the self-development. Nobody should confuse it with the rights to splitting the country. Some people try to oppose ‘self-determination’ stating it gives the rights to split away from the federalism. This explanation has been an excuse to oppose the federal states. Prachanda should never give in to the neo-royalists for this matter.

If Prachanda negotiates with the NC and CPN-UML giving too much to them, and even placing federalism in doubt then the Vaidya faction of UCPN-Maoist might have easy way to mobilize the people’s support for another movement. All the people belonging to ethic groups and people opting for strong federalism would certainly join the Vaidya group for a new movement that would be the decisive and final one.

At the same time, the Constituent Assembly (CA) has started debate on the report on federal states the State Restructuring Commission (SRC) has proposed after Chairman Subash Newang has submitted it to the CA for debate. Participating in the debate, UCPN-Maoist lawmaker Hitman Shakya has urged to go for a federal system following the report of a CA committee on the state restructuring rather than the SRC’s report, as it has created more disputable matters than resolving them; he has accused the political parties of deviating from their earlier stand on the federalism and now acting against it, ‘The Rising Nepal’ of March 27, 2012 writes. Another lawmaker this time of the NC Narahari Acharya has advocated for a federal system following the geography, population and identity of the people. CPN-UML lawmaker Shanker Pokharel also has accused the SRC of not building a consensus on the disputed issues of federalism, and taking into consideration of the earlier report of the parliamentary committee on the state restructuring consequently failing in resolving complex and disputed issues of federalism. Madheshi People’s Rights Forum-Republican lawmaker Chandrika Prasad Yadav has criticized the SRC for ignoring ‘one-Madhesh One-Province’ agenda. Madheshi People’s Rights Forum-Democratic lawmaker Sarwadeva Ojha has urged to take the SRC report positively, as it has only suggestions. The SRC submitted two separate reports. Majority of the members of the SRC has submitted the report proposing 11 federal states while three members of the commission empathetic to NC and CPN-UML have submitted a different report with the proposal for six states.

At the same time, the government of Prime Minister Dr. Baburam Bhattarai has been attempting to do something significant even though it has a short life, as it would end after the general election following the promulgation of a new constitution some time this year. The government is launching a National Volunteer Campaign on April 6, 2012. The government has set up a Directive Committee presided over by the Prime Minister to operate the Campaign. The committee comprises representatives of all political parties, all the ministers, vice-chairman and members of National Planning Commission (NPC), chief secretary to the government of Nepal, secretaries to all the ministers, three people working for the promotion of volunteer service, chief of University National Volunteer Service Directorate, and the Higher Secondary Education Board (HSEB)’s member secretary according to ‘The Rising Nepal’ of March 25, 2012. Secretary to the Office of the Prime Minister and Council of Ministers is to monitor Committee. Similarly, the government has set up an Executive Committee presided over by Chief Secretary to Government of Nepal Madhav Prasad Ghimire to assist the Directive Committee. The Executive Committee comprises secretaries to all the government ministries, representatives of the business community, non-governmental organizations, political parties and the civil society, and five nominated members on its behalf, and Nepal Army senior officers, Nepal Police Chief, Armed Police Force Chief, Chief of National Investigation Department, Tribhuvan University’s Registrar, and HSEB Member Secretary. The Joint-Secretary to the Office of Prime Minister and the Council of Ministers is to monitor it.

Similarly, at the district-level, respective Chief District Officer presides over a Coordination Committee at each district. Respective Local Development Officer presides over an Economic Resources Mobilization Committee at each district.

The objective of the Campaign is to garner the people’s support for the overall development of the country through volunteerism, encouraging the people interested in voluntarism to use their skills, talents and knowledge for the welfare of the nation, and promoting the interested organizations to invest in the social sector.

Sanitation, reconstruction, construction of school buildings, community buildings, irrigation canals and health posts, tree transplantations and roadways constructions are among the 12 projects stated in the Campaign.

At the same time, the government has announced to launch the ‘One Village One Pond’ campaign across the country under the irrigation component of the National Volunteer Campaign. Deputy Director General of Department of Irrigation announced this campaign at the Dr. Harka Gurung Room of the NPC Secretariat at Singha Durbar on March 24, 2012. The estimated beneficiaries are some 2,375,000 families with the provision of irrigation facilities to 26.4 million hectares farmland.

Political party leaders and various people welcomed the National Volunteer Campaign. Speaking at an event on March 24, 2012, Nepali Congress leaders such as Nabindra Raj Joshi and Suprabha Ghimire, UCPN-Maoist leader Jhakku Subedi, President of Nepal Olympic Committee Dhruba Bahadur Pradhan, President of Nepal Students Union Ranjit Karna, President of All Nepal National Independent Students Union-Revolutionary, Himal Sharma and comedian Madan Krishna Shrestha greeted the campaign warmly and promised their support for the campaign from their respective quarters, ‘The Rising Nepal’ of March 25, 2012 writes.

The National Volunteer Campaign mentioned in the newspaper has not been clear enough to comment on it but Prime Minister Dr. Baburam Bhattarai should be careful not to coerce anybody to work as a volunteer enacting rules and regulations or even a law.

In the past, the Rana autocratic family rulers had enforced the forced labor called ‘jhara’. They forced every Nepalis to contribute free labor for building infrastructures for the travel of the Rana rulers, and for any other purposes they wanted to use the forced labor.

Then, the Panchayat Monarch Mahendra launched a campaign called ‘back to village’ in the late 1960s. He made a law coercing the state employees to contribute 15 days of their labor per year to building village infrastructures. They had to go to any village of their choice and physically work there. Most of the state employees in Kathmandu choose to go to the village around the town in the winter and work there. Literally state employees showed up en mass in villages. They really picked up shovels and picks and went to dig wherever, the village chiefs called ‘Pradhan Panchas’ of villages wanted them. These village chiefs were not prepared to properly use such high-class manpower ready for working physically at their villages. The so-called volunteers dug footpaths, fishponds and so on but later on none of them were properly used. Most of the coerced labor but called voluntary labor wasted, as the village chiefs were not prepared to use such labor properly, as they had no plans and programs.

Later on, the government reduced the number of voluntary labor contribution from 15 to three days. Then, most of the state employees relaxed and rather than physically working they talked to the village chiefs and became advisors. Finally, some of the smart state employees suggested the village chiefs to accept money for three days of labor at the market prices so that they could use local laborers that could work better in the field than the officers that had never worked in the field with their hands. That was a good advice. The village chiefs accepted the money from the state employees coming to work as volunteers in their villages and gave them the certificates of working for three days.

 Accepting money for the so-called voluntary labor and giving certificates of working in the villages became unwritten laws for both the village chiefs and the state employees. Village chiefs collected hundreds of thousands of rupees from the state employees for providing them with the certificates of working for three days in the villages. Then, some state employees simply sent junior staffs with money to village to collect certificates for them. Nobody knew how the village chiefs used the money, as they did not need to keep the records of the money they received from the state volunteers coerced to work in villages. Obviously, the ‘back to village’ campaign made some village chiefs rich but the villages remained as they were.

The Government of Prime Minister Dr. Baburam Bhattarai should not repeat this kind of mistakes in the name of doing something good for the country.

To be continued.