Dr. Baburam Bhattarai Stays On-Part V

Siddhi B Ranjitkar

Obviously, leaders of UCPN-Maoist, NC and CPN-UML have been talking too much but doing too little to complete the peace process. Apparently, not having any more patience to the disgusting performances of the leaders of the major political parties, Chairman of Constituent Assembly Subhas Nemwang has said that these leaders would spend a whole day without coming to any conclusion on discussing who would speak first if you ask them to speak simultaneously. In addition, these leaders have lost the track of what they have been speaking in public. However, one thing they have done is ‘turning over and taking over’ of the Maoist cantonments on April 10, 2012 making a significant progress in the peace process paving the way for completing a new constitution.

Nepalis have been anxiously waiting for the political leaders completing the writing of a new constitution and then promulgating it. The parliament has extended the term of the Constituent Assembly a number of times extending its initially elected life of two years to now four years but the leaders have lost the track of what they have been doing during the years. The Constituent Assembly is for writing a new constitution and then promulgating it. Most probably, they have completed the writing of a new constitution except for the need for coming to a common understanding on major issues such as state restructuring, system of governance and the election system if we believe in their public statements. However, according to Chairman of Constituent Assembly Subhas Nemwang, they also spend a lot of time on doing nothing but arguing at the meetings. At each meeting, they enjoy having the Nepalese heavy lunch called ‘masu bhat’ means meat and rice: the most favorite dish of Nepalis but it also is the most expensive one. ‘Masu’ is the meat of a castrated goat. One kilogram of it currently costs Rs 600 ($7.5 at the exchange rate of Rs 80 per one US dollar), and the rice cost Rs 90 per kilogram. A dish of ‘masu bhat’ costs Rs 800 (US$10) if they buy it from a catering company.  A lowest paid daily laborer earns not more than Rs 300 to 500 a day in Kathmandu today but in farms they earn much less than that. So, a ‘masu bhat’ dish is beyond the reach of the majority of the Nepalis, as more than 80% of Nepalis working at farms earn terribly low means of living. Most of Nepalis eat such a lavish dish only in the greatest Hindu festival called Dashain once a year. These leaders have been enjoying such a lavish dish each time they sit for a meeting. That might be the reason for getting these leaders so fattened: not good for their health.

Being very nervous of the writing of a new constitution not moving ahead, and the country is running out of time very fast for completing the writing of a new constitution, and the deadline for completing a new constitution is coming nearer and nearer every day, Chairman of Constituent Assembly responsible for completing the writing of a new constitution and promulgating it by May 27, 2012 Subhas Nemwang has said at a program held in Dhulikhel on Saturday, April 7, 2012 that if leaders of the major political parties were asked to speak at once, they would spend the whole time on discussing who would speak first, ‘HIMALAYAN NEWS SERVICE’ writes on April 7, 2012. Obviously, Chairman Nemwang has been very concerned with the political leaders of the major parties such as UCPN-Maoist, NC and CPN-UML that they have been less interested in completing the peace process and the constitution writing but they have been fighting for anything they would gain in a short time.

The meeting of the top leaders of ruling UCPN-Maoist and opposition NC and CPN-UML held in Kathmandu on Sunday, March 11, 2012, has ended inconclusively as usual to the army integration and disputed issues of a constitution, ‘The Rising Nepal’, of March 12, 2012 writes. After the three-hour long meeting at the Ministry of Peace and Reconstruction in Singhadurbar, leaders informing the reporters repeated that they discussed all the issues pertinent to peace and constitution. "We decided to hold another meeting after the meeting of the Special Committee and Dispute Resolution Sub-Committee (of the Constitutional Committee). The Sub-committee’s meeting is scheduled for tomorrow and the special committee’s meeting will be held the day after tomorrow (on Tuesday)," Chairman of CPN-UML Jhalanath Khanal said after the meeting according to the news ‘The Rising Nepal’ has carried on March 12, 2012.

Speaking at a rally in Taulihawa, President of NC Sushil Koirala today said that his party would table a no-confidence motion in the parliament against the government if it failed to conclude the peace process by mid-April, ‘HIMALAYAN NEWS SERVICE’ writes on April 08, 2012. “We are ready to wait till mid-April for the government and the Maoist party to complete the remaining tasks of the peace process. But if they fail to do so by then, we will resort to a no-confidence motion,” said Koirala speaking at a gathering of party cadres in Taulihawa. Parties have made a number of agreements with the Maoists ever since the peace process began but the former rebels are not abiding by those agreements, Koirala alleged. “It is now time that Maoists implement past agreements,” Koirala said, “If they fail, the seven-point pact would be the last deal we ever made with them.” The NC chief vowed to complete the peace process and the constitution writing within the deadline according to ‘HIMALAYAN NEWS SERVICE’.

President of NC Koirala contradicts his own words stating he would complete the peace process and constitution writing. Everybody knows that the constitution writing would not be completed within the deadline if these political leaders did not build a consensus on the state restructuring, governance system and the election system. If President of NC Koirala engages in the business of toppling a government then most probably the peace process and the constitution would be never completed. Such an unelected leader is not accountable to the people; so, he goes on talking anything that does not make sense to the people.

Speaking to reporters in Itahari, Minister Rajendra Mahato has today said those who were earlier plotting to promulgate a constitution without federalism are now dwelling on how not to promulgate a constitution at all, ‘HIMALAYAN NEWS SERVICE’ writes on April 08, 2012. The Madheshi leader warned of burning a constitution if a constitution without federalism were promulgated; his party would burn copies of it throughout the country. “Only a federal constitution based on identity of the people and their capacity will be acceptable to our party,” ‘HIMALAYAN NEWS SERVICE’ quotes Minister Mahato. The Minister has said that ‘some forces’ (hinting the president of NC Sushil Koirala and Chairman of CPN-UML Jhalanath Khanal) have been going around saying that they are strong supporters of federalism but the way their actions speak otherwise. Concerning the media quote of Minister Mahato few months ago that his party would cut the fingers of those against federalism, Minister Mahato clarified that his remarks were taken literally, and said, “Our party does not believe in crime.”

Prime Minister Dr. Baburam Bhattarai has been strengthening his government giving the possibility of tearing down the current government a remote chance. Consequently, the UCPN-Maoist and the UDMF have been so well cemented, breaking the bond of the UCPN-Maoist and the UDMF might be beyond the capacity of the NC and CPN-UML for the coming months. In fact, the current government might stay on until May 27, 2012: the last deadline for the promulgation of a new constitution, might even beyond this day for holding general elections after the promulgation of a new constitution; the government might stays on even if a new constitution is not promulgated on May 27, 2012 if the coalition of the UCPN-Maoist and the UDMF holds on.

Prime Minister Dr. Baburam Bhattarai has administered the oath of office of ministers and secrecy to two members of the Madheshi People’s Rights Forum-Republican (MPRF-R) thus cementing the coalition of the UCPN-Maoist and the UDMF on Monday, April 9, 2012. Raj Kishor Yadav is appointed to the Minister for Information and Communication and Iqbal Ahmed to Minister for Agriculture and Cooperatives. Both of them belong to the MPRF-R. The position of Minister for Information and Communication was vacated by former Chairman of MPRF-R Jayaprakash Prasad Gupta after the Supreme Court of Nepal convicted him of corruption and sent him to jail; and the position of Minister for Agriculture and Cooperatives became vacant after the prime minister fired Minister for Agriculture Nandan Kumar Dutta on the recommendation of the MPRF-R.

President of NC Sushil Koirala has been telling the public that he is not going to compromise on anything less than the democratic system in a new constitution. Democracy is a vague term. So, we assume that President of NC Koirala must be talking about not stepping back from the stand his party has been taking on six north-south federal states. If this is the case, the country is not going to have a new constitution at all because judging from the stand of the Madheshi political leaders on the federalism, the Madheshi people in turn would never accept the six north-south states rather would be ready to fight to the finish. The strong stand of President of NC Koirala on north-south six states would provoke another Madhesh and ethnic movement. Most probably, President of NC Koirala wants to derail the current government and grab the power if possible even at the cost of completing the writing of a new constitution. He has said in one of the public speech that his party is going to submit a no-confidence motion against the current government in the parliament. Presenting a no-confidence motion against any government is the prerogative of any political party in the parliamentary system but it needs a majority in the parliament to pass such a motion. The problem is that not only the NC and its president Koirala have no majority in the parliament but also even the combined force of the NC and CPN-UML does not have sufficient votes to topple the current government. So, these guys need the support of the Madheshi parties in another word the UDMF for forming a new government. Leaders of the UDMF would hardly go along with the NC and the CPN-UML leaders if the UDMF leaders were to stick to their demand for the federalism and federal states, as the NC and CPN-UML guys have clearly been against both the federalism and the federal states the Madheshi leaders want.

However, speaking at an interaction held by the Reporters’ Club in Kathmandu on April 10, 2012, the recently appointed Information and Communications Minister Raj Kishor Yadav has said that his party (Madheshi People’s Rights Forum-Republican: one of the members of the UDMF) is ready to accept an alternative to ‘one-Madhesh, one-province’ system if the parties (probably means the NC and CPN-UML) forward a scientific and logical view against the proposal, ‘The Rising Nepal’ of April 11, 2012 reports. ‘The Rising Nepal’ quotes the minister, "The one-Madhesh, one-province demand is logical in the current situation." The country would not witness a lasting peace without addressing the agenda of Madhesh, he claimed, ‘The Rising Nepal’ writes. The minister’s change of mind on the ‘one-Madhesh one-province’ system is a very good indication of the Madheshi guys are willing to backtrack on their stand on one-Madhesh province.

Recently, both the NC and CPN-UML guys are making an attempt on atoning for recognizing the demand of the Madheshi people for federalism and one-Madhesh province telling the Madheshi people that they are not against the Madheshi community. For example, Chairman of CPN-UML Jhalanath Khanal has launched a call-in program to talk to the people in various districts from Kathmandu. In his telephone calls to various cadres and people in the Terai districts, he has repeatedly said that his party and he are not against the Madheshi community but he did not bother to prove his statement backtracking on the stand he has taken not agreeing on the federalism and the federal states the Madheshi community has wanted. So, hardly anybody would believe him that his party is for meeting the demands of the Madheshi people for federalism and federal states. Similarly, the NC leaders have held a number of rallies of the Madheshi community courting their support for them.

CPN-UML leaders have given repeated warning of tearing down the current government if the government does not complete the peace process by certain time they set. The irony is that the same guys have been obstructing the peace process according to Prime Minister Dr. Baburam Bhattarai. However, the peace process has been moving ahead. AISC teams have been in the field to ascertain the number of combatants willing to take either voluntary retirement or the professional-enhancement package or integration with the Nepal Army, as the NC and CPN-UML don’t want to integrate combatants even a single one more than 6,500 agreed on the seven-point deal. If the NC and CPN-UML have accepted all the 9,000 plus combatants willing to join the Nepal Army, the army integration would have been completed way back. So, all these political leaders involved in the peace process have wasted time on discussing nothing but satisfying their ego. So, Chairman Nemwang is one hundred percent correct in saying that these political guys would not mind wasting time on arguing a trifle matter when the national need is a new constitution.

Concerning the army integration, the Army Integration Special Committee (AISC) teams reaching at various cantonments have a doubt about completing the regrouping of the PLA (People’s Liberation Army) combatants by April 12, 2012 into the groups of combatants opting for voluntary retirement or taking professional enhancement package or remaining for joining the Nepal Army, as they have faced serious problems of getting cooperation from the combatants at some cantonments, and at other cantonments, the commanders are preparing for going to Kathmandu, and at some other cantonments, combatants chanted slogans against the prime minister and the leadership of the UCPN-Maoist, ‘HIMALAYAN NEWS SERVICE’ reports on April 8, 2012.

Speaking to the reporters in Itahari, General Secretary of UCPN-Maoist Ram Bahadur Thapa has said that even after the army integration, Nepal would not have a lasting peace, as the constitution promulgated before or on May 27, 2012 would not be people-centered, whatever has been happening now goes against the people, the cadres of his party should be mentally prepared for another people’s war according to the news posted on ‘HIMALAYAN NEWS SERVICE’ on April 08, 2012. General Secretary of UCPN-Maoist Ram Bahadur Thapa was in Itahari to attend the district-level meeting of the Vaidya faction, and to conduct the training of the cadres of this faction. General Secretary Thapa also has said that the way the Maoist fighters are going to admit to the Nepali Army is very insulting to them, as only 3,000 fighters would be integrated into Nepali Army in future even though political parties had agreed on integrating 6,500 fighters, even this number of 3,000 would be further reduced to 500 because only they would be qualified for integration if the criteria of the Nepal Army were followed. So, he put emphasis on the need for the en mass integration of fighters and for forming a separate Army Directorate.

General Secretary of UCPN-Maoist Ram Bahadur Thapa is the hardliner and belongs to the Vaidya faction of the UCPN-Maoist. The hardliner Vaidya faction of UCPN-Maoist and the UCPN-Maoist establishment have been running separate programs to suit their ideology. They have been saying that the practice of running parallel programs by two factions of the same party has been from the time of Karl Marx to the time of Mao Zedong. So, it is not a new phenomenon what is happening in the UCPN-Maoist. Some experts believe that this practice has helped the UCPN-Maoist to keep it in one piece, and the cadres have a choice of joining either faction of the party. As such, the UCPN-Maoist might garner more support than when it splits into two and goes different directions even might be fighting against each other. However, they have already started off fighting against each other on the streets. Supporters of the Vaidya faction burned down Chairman of UCPN-Maoist Prachanda, and Prime Minister Dr. Baburam Bhattarai in effigies in Kathmandu; the Prachanda-Bhattarai faction has accused the hardliners of trying to foil the peace process and the constitution writing according to the nepalnews.com news.

In an all-party meeting held at the office of Prime Minister in Singhadurbar, Kathmandu on Monday, April 09, 2012, political parties agreed in principle to amend the Article 70 of the Interim Constitution of Nepal of 2007 enable them to promulgate a new constitution by May 27, 2012.

The Article 70 of the Interim Constitution of Nepal of 2007 reads as follow.

“Article 70. Procedure for passage of constitution bill: (1) The Constituent Assembly shall, in passing a constitution bill submitted to it, pass such bill by way of voting on the preamble and every article of the bill.

(2) In a voting referred to in Clause (1), the bill shall be passed by consensus of a meeting attended by at least two-thirds of all the then members of the Constituent Assembly.

(3) Failing a consensus on the preamble or any article of the constitution bill pursuant to Clause (2), the parliamentary party leaders of the political parties represented in the Constituent Assembly shall hold mutual consultations in order to reach consensus on such matter.

(4) The holding of consultations pursuant to Clause (3) shall be completed no later than a maximum of fifteen days after the date of failure to reach consensus.

(5) No later than seven days after the holding of consultations, if any, pursuant to Clause (4), the preamble or any article of such bill shall be again put to vote.

(6) Failing the consensus referred to in Clause (2) notwithstanding the voting held pursuant to clause (5), the preamble or the article in respect whereof consensus could not be reached shall be again put to vote; and if, in such voting, the preamble or article is passed by a two-thirds majority of a meeting attended by at least two-thirds of all the then members of the Constituent Assembly, such preamble or article shall be deemed to have been passed.

(7) For the purpose of this Article, if, in a voting on the preamble or any article of the constitution bill introduced in the Constituent Assembly, none of the members does vote against the preamble or any article of such bill, the consensus shall be deemed to have been reached.”

Now, the Cabinet needs a proposal for making an amendment to the Interim Constitution of Nepal of 2007, and submits it to the Parliamentary Business Advisory Board for its approval and then to the full House of the Constituent Assembly (CA) for endorsement. Thereafter, the CA needs to revise its calendar of writing a new constitution to promulgate a new constitution before or on May 27, 2012.

On April 10, 2012, the AISC has decided to turn over the management of the UCPN-Maoist cantonments to the Nepal Army obviously due to the uncontrollable situation arisen at various cantonments when the AISC reached there to regroup the combatants choosing anyone of the options available: voluntary retirement, professional enhancement, and integration into the Nepal Army. The decision on turning over the Maoist cantonments and the weapons to the Nepal Army is taken in presence of the leaders of the UCPN-Maoist, NC, CPN-UML and UDMF at Singhadurbar in Kathmandu. Obviously, Chairman of UCPN-Maoist and Prime Minister Dr. Baburam Bhattarai are alarmed by the behavior of the combatants when the teams of the AISC have reached various cantonments on April 08, 2012 for regrouping the remaining 9,000 plus combatants for reducing them to 6,500 for integrating into the Nepal Army. Leaders of UCPN-Maoist, NC, CPN-UML and UDMF have signed off a four-party seven-point deal on November 01, 2011 agreeing on integrating 6,500 UCPN-Maoist combatants into the Nepal Army. Regrouping means giving the combatants the choice of anyone of the three options such as voluntary retirement, professional enhancement, and integration into the Nepal Army. Combatants opting for voluntary retirement would receive Rs 500,000 to Rs 800,000 depending on their rank in the People’s Liberation Army. Combatants choosing the professional enhancement would receive Rs 900,000 worth of the package of vocational schooling. The Vaidya faction of the UCPN-Maoist has instructed the combatants not to give in to the decision of the UCPN-Maoist establishment on regrouping. Consequently, the combatants taking the order of the Vaidya faction of the UCPN-Maoist have become prepared for fighting against the regrouping. In fact, they have started off fighting with the combatants taking the order from the UCPN-Maoist establishment. As a result, the UCPN-Maoist establishment has lost the control of the cantonments. So, the UCPN-Maoist establishment means the Prachanda-Bhattarai faction of the UCPN-Maoist has hurriedly called in the Nepal Army to manage the cantonments. The Vaidya faction of the UCPN-Maoist has protested the way the cantonments are turned over to the Nepal Army. Some of them belonging to the Vaidya factions has dubbed it as a total surrender of the People’s Liberation Army to the Nepal Army; other members have called the cadres to be prepared for another people’s war. General Secretary of UCPN-Maoist Ram Bahadur Thapa has expressed a doubt about the integration of 6,500 combatants. He has said that the Nepal Army would take 3,000 at the most; this number would reduce to 500 if the criteria of the Nepal Army were followed. He has said that it is not an integration but recruitment. Chairman of UCPN-Maoist Prachanda has been unnerved and has said that his party has taken the decision on turning over the cantonments to the Nepal Army to put an end to all kinds of conspiracies against the peace process and constitution writing; the decision is a risky one but his party has taken it for the peace. The Nepal Army personnel have moved in the cantonments. Happy combatants have welcomed the Nepal Army personnel to their cantonments but others have been hostile. Other groups of combatants have simply packed up their belongings and set off for their homes on whatever means of transport available.

On Thursday, April 12, 2012, the Government of India has welcomed the turning over of the control of Maoist fighters and their weapons to the Nepal Army and hoped that "the Nepali-led and Nepali-driven political processes would be taken to their logical end within the time-frame". "We welcome the agreement reached on April 10 in the constitutionally mandated Army Integration Special Committee (AISC) on taking forward the process of integration and rehabilitation of the former Maoist combatants in consonance with the past agreements," external affairs ministry spokesperson Syed Akbaruddin said in New Delhi. "We congratulate the Nepalese leadership for the wisdom, and spirit of consensus displayed by them to complete the remaining tasks," he said. "We hope the Nepali-led and Nepali-driven political processes would be taken to their logical end within the time-frame agreed by the political parties, ushering Nepal into a new era of peace and democracy," said the spokesperson. Following the decision of the all-party Special Committee (SC) accountable for the Supervision, Integration and Rehabilitation of Maoist combatants, the Nepal Army (NA) Tuesday (April 10, 2012) took control of the Maoist People's Liberation Army (PLA) cantonments, combatants and the weapons stored in containers inside the camps, the Indian news agency IANS reports.

After the passing on the Maoist cantonments and the weapons to the Nepal Army, Nepalese politicians have developed confidence in completing the writing of a new constitution by May 27, 2012. On Friday, April 12, 2012, President Dr. Ram Baran Yadav has said that now all the political parties need to build an integrated Nepal giving the country a new constitution. Chairman of Constituent Assembly (CA) Subhash Nemwang has said that the political parties should now focus on constitution writing to promulgate a new constitution within May 27, 2012, as the army integration has been accomplished. Minister for Physical Planning and Works Hridayesh Tripathi on Wednesday, April 11, 2012 has said that the peace process and constitution-writing would complete surely by May 27, 2012: the day the term of the Constituent Assembly expires; the latest developments in the peace process have given the reason for being optimistic. Minister for Education Dinanath Sharma has said that the UCPN-Maoist has completed the peace process and the drafting of a pro-people constitution follows after the New Year (April 13). Chairman of CPN-UML Jhalanath Khanal has said that the peace process has already moved ahead and it would not backtrack; so, a constitution will be promulgated on time and the political transitional period would soon end. Madheshi leaders have urged the large political parties now to concentrate on drafting a new constitution, as the peace process has been now at a last stage. UDMF is an alliance of the Madhesh-centric parties. They also have urged the NC and CPN-UML, and other parties in the opposition to ensure federalism with ethnic identity.

Addressing the nation on TVs on Thursday, April 12, 2012, Prime Minister Baburam Bhattarai has said that with the turning over of the cantonments to the Nepal Army, the peace process has moved ahead, so, the promulgation of a new constitution would be on target. He has said that the two parallel armies have turned into a single army and urged both the PLA and the Nepal Army work in a discipline manner. “Peace and constitution is only the means to end the poverty, unemployment and discrimination,” the prime minister said. Prime Minister Bhattarai has assured Nepalis of a new inclusive constitution refuting the media reports that the political parties have been preparation for promulgating a new constitution without federalism. He also has assured the Madheshi community of enforcing the four-point deal the UCPN-Maoist and the UDMF reached before forming the current government; to this end, the government has formulated a new inclusive bill. Concerning the problem of unemployment the prime minister has said that his government has planned to provide every Nepali with at least 100 days of employment a year.

To be continued…