Dr. Baburam Bhattarai Stays On-Part X

Siddhi B Ranjitkar

We have the conflicting messages about the agreements the three major parties such as UCPN-Maoist, NC and CPN-UML, and UDMF: the alliance of the Madheshi parties have reached or not on various contested issues of a new constitution, and about the extending the term of the Constituent Assembly that runs out on May 27, 2012. All these things indicate that the leaders have been doing nothing but talking and sometimes saying they are coming closer to building a consensus other times going back to their previous stand on the critical issues, thus causing a delay in completing the crafting of a constitution. The more these leaders delay the promulgation of a new constitution the more the energy and chance they give the regressive forces to make a comeback. So, the leaders should not take any more time to promulgate a new constitution, and promulgate it on or before May 27, 2012 otherwise the regressive forces in various names would intensify their attempts on coming back to the Nepalese political arena.

After the army integration completed in mid April 2012, and giving the control and management of the cantonments where the People’s Liberation Army has been housed for the last four years to the Nepal Army, we thought that the NC and CPN-UML going along with UCPN-Maoist and UDMF would move very fast to complete the crafting of a new constitution. However, the current activities of these leaders of three major parties such as UCPN-Maoist, NC and CPN-UML, and of UDMF: alliance of the Madheshi political parties have given the impression that they have been creating a political turbulence rather than completing a new constitution and smoothly institutionalizing the political gains Nepalis have achieve after the successful movement of 2006.

The hardliner conservatives in the NC and CPN-UML want to delay the promulgation of a new constitution so that the regressive forces they represent could gain muscles and then counter the political gains Nepalis have made. The regressive forces correctly anticipate that the delay in promulgating a new constitution would build up the people’s antipathy to the political parties in power, eroding the political capital they have made, and the people would look for an alternative to them; then the regressive forces could build up their own people’s strong base to make a comeback. That is happening in a small scale now but it might take a shape of the large-scale political uprising making very difficult to the politicians that advocate changes but to the likes of the politicians opting for maintaining the status quo.

The small-scale build-up of the regressive force has come in the form of President Dr. Ram Baran Yadav publicly saying he is not going to sign off a new constitution if it has even a hint of breaking up of the country. He did not say how he would know such a hint or who would find out such a hint. He also did not bother to find out whether he has a mandate to say such thing to do. If we correctly understand the Interim Constitution of Nepal of 2007, following the constitution, the president has simply to follow the recommendations of the prime minister. In the case of a new constitution, the supreme authority called the Constituent Assembly (CA) elected by the sovereign Nepalis is going to promulgate a new constitution. So, how could a president elected by the CA functioning as a parliament over ride the promulgation of a new constitution done by the sovereign people’s representatives? If it is not the indication of the regressive forces raising their heads, what is it? However, our parliamentarians have not bother to serve a notice to the president asking him not to step over the mandate the parliament has given him; if the CA promulgates a new constitution the president has no choice but to sign it off. Let the regressive forces know it that they could not use the president for stopping the crafting of a new constitution. However, none of the political leaders has raised such voice against the president’s public statement of this kind. Only Former President of Nepal Federation of Indigenous Nationalities (NEFIN) Raj Kumar Lekhi has said that President Yadav has created terror of disintegration of the country stating the president would not put his seal of assent on the new constitution if he sees a hint of such possibility. On April 15, 2012, Mr. Lekhi demanded the public apology of the president for it. The president has not responded to it so far.

After the completion of the army integration and the cantonments have been in the government’s control in mid April 2012, we thought that the NC and CPN-UML leaders would not have any excuse to delay the completion of crafting a new constitution. However, we are wrong. These NC and CPN-UML guys have developed many new excuses. They went to the private resort called Hattiban to talk to each other, and spent Sunday, April 15 and Monday April 16, 2012 to build a consensus on disputed issues of a new constitution. They told the reporters that they came very close to agreeing on the most of the disputed issues of a new constitution. Later on, we found that they had not made any progress in building a consensus on contentious issues of a new constitution.

The NC leaders continued to demand a new government under the leadership of the NC parliamentary party in the name of making it a unity or consensus government whatever the adjective they use for it. They had told the people that no government other than the government led by the NC could promulgate a new constitution. They spent a lot of time on arguing pro and against the unity government led by the NC ultimately they signed off a five-point deal on May 03, 2012 to form a coalition government not of the type the NC leaders wanted but of the UCPN-Maoist and UDMF leaders wanted. Prime Minister Dr. Bhattarai remained at the office. The rest of ministers quit the office only to get back into the office next day. The NC sent two of its leaders to join the Bhattarai administration but the CPN-UML refused to join it whatever reason they had but the main reason was to delay the crafting of a new constitution.

This unnecessary exercise of breaking-and-making a new government has been just to delay the promulgation of a new constitution giving the regressive forces the chance of coming out to the streets in the different names. We have found the far western region has been reeling from the shutdown called by a so-called Ekata Samaj to keep the far western region in one piece going against the proposal of the UCPN-Maoist for a Tharuwan province. Some of them have even snapped the high-tension power line cutting off the region from the power supply making common people need to live in darkness. Elsewhere in Nepal, people have been calling for shutdowns of their areas putting forward the demands for their identities. Thus, the regressive forces have shown their power what they could do when the central leaders have been squabbling over the state power. The Brahmin-Chhetri group has taken the lead calling a shutdown of Nepal demanding to include them in the indigenous people, most probably, directly helping the regressive forces to cause political chaos.

The Bhattarai government has signed off a three-point deal with the Brahmin-Chhetri group meeting their demands for their identity, for a separate province in its name, and the Brahmin-Chhetri group has called off the shutdown program. Similarly, the Ekata Samaj of the far western region also has called of the shutdown they have enforced for two weeks after the talks it held with the government.

But the Rastriya Prajatantra Party-Nepal headed by Kamal Thapa has launched a shutdown of Nepal. Mr. Thapa has been a strong advocate of the return of the monarchy even going against the Interim Constitution of Nepal of 2007. Mr. Thapa should have been behind bars rather than on the streets shouting for reviving the monarchy. In the late 1960s, then ruler Mahendra did not want any Nepalis pronouncing the word ‘republic’. Then, one of the candidates for representing a graduate constituent had to go underground and escape from the clutches of Mahndra for writing the word ‘republic’ in his election manifesto but today Mr. Thapa is not only demanding the return of the monarchy but also actively working for it. The question is why such a man actively representing forces could remain free even openly going against the law of the land. Mr. Thapa has a half success of his call for a shutdown of Nepal. He must have received some funding from the monarchists to engage in such activities of a shutdown of Nepal. In fact, Mongol news has stated that Mr. Thapa has received Rs 40 millions from Gyanendra Shah (former king) to launch such illegal activities.

The regressive forces have started using the ‘Facebook’ on the Internet for the return of the monarchy. Someone has posted the famous picture of ‘Prithvi Narayan with his index finger raising’; and has stated that he has to come back to save Nepal from disintegration. Every Nepalis knows that Nepal is nowhere near disintegration. Nepalis asking for self-administration for their economic and social development opting to make Nepal a Federal Democratic Republic nothing more than that and nothing less but the regressive forces have been projecting it as disintegration of the country, which is not true but a total lie used for bringing back the despotic monarchy. Nepalis have not forgotten how the monarchists have stolen the wealth created by the labor of Nepalis for 240 years and enjoyed their lavish royal lives keeping all Nepalis in destitute and poverty. The regressive forces might be dreaming to bring back the monarchy to repeat the dark 240-year history of Nepal.

Two of the political clowns: Chitra Bahadur KC of Rastriya Janamorcha Party and Narayan Man Bijukchhe of Nepal Workers and Peasants Party have been helping the regressive forces going against the provision made in the Interim Constitution of Nepal of 2007 for a Federal Democratic Republic of Nepal. The parliament has not taken any actions against these guys for going against the law of the land. However, lately Chitra Bahadur KC has complained that someone has sent him the message of death threat for campaigning against federalism. This might be his ploy to help the regressive forces. However, their stand on not for federalism has been the direct assistance to the regressive forces in taking Nepal back to the previous regime if not to the status quo at least.

Recently, we have the conflicting messages about the four power centers such as UCPN-Maoist, NC and CPN-UML, and UDMF: the Madheshi alliance are coming closer to building a consensus on most of the disputed issues of a new constitution. At one time, they tell the reporters, they are very close to building a consensus at other time they tell that they are going for voting on the disputed issues giving the impression of apparently they have done nothing. Most probably, they come very close to building a consensus on various disputed issues of a new constitution but other times they go back to their previous stand on those issues. They have been delaying to complete a new constitution nothing else.

The government has registered a bill on amendment to the Interim Constitution of Nepal of 2007 to shorten the long list of procedures for completing a new constitution so that the CA could promulgate a new constitution on or before May 27, 2012. However, neither the Speaker of the parliament nor anyone of the leaders has taken any interest in it. The time is running out very fast. May 27 is not very far but the leaders have been talking and talking but without any result. This has encouraged the regressive forces to put their forces on the streets in whatever name possible. However, the recent news has it that the President has called the session of the parliament on Thursday, May 17, 2012. The House session opened as scheduled but some lawmakers belonging to Madheshi People’s Rights Forum-Nepal, and some of the lawmakers belonging to the Vaidya faction of UCPN-Maoist obstructed the House session protesting against the three-party deal on 11 federal provinces. The House Speaker promptly postponed the session to Friday, May 18, 2012. After Prime Minister Dr. Baburam Bhattarai has told the lawmakers in the parliament on Friday, May 18, 2012 that the deal the UCPN-Maoist, NC and CPN-UML reached on 11 provinces is subject to revision, the House session has started off its regular business.

On Sunday, May 13, 2012, Devendra Poudel: political advisor of prime minister has come out with the news that Prime Minister Dr. Baburam Bhattarai has been working on extending the term of the CA. However, Prime Minster Dr. Bhattarai and Chairman of UCPN-Maoist Prachanda have contradicted the news but it might have some truth, as Former Chief Justice of Supreme Court of Nepal Anup Raj Sharma has said that the parliament could extend the term of the CA that is going to run out on May 27, 2012 ignoring the ruling of the Supreme Court of Nepal on this matter. Mr. Sharma has said that the extension of the term of the CA is the political nature; so, the Supreme Court of Nepal has made a mistake in taking up such an issue of political nature. This statement of the former Chief Justice has come a few days after the statement of the political advisor on the same subject. It might have been by coincidence or by a design is a matter of speculation. On May 14, 2012, Deputy Prime Minister Bijya Gacchedar also has said that the term of the CA is necessary to extend if a new constitution to be promulgated in whole on of before May 27, 2012.

However, if the political leaders chose to extend the term of the CA means they would be in trouble in the coming days giving more opportunities to the regressive forces to act against them. The trouble would be particularly to the leaders of UCPN-Maoist and UDMF. The delay in promulgating a new constitution would surely give more time to the regressive forces to regroup their fighters on the streets elsewhere in Nepal and to build up the opinions of the people in their favor undermining the strength of UCPN-Maoist and UDMF and even most probably neutralizing their political capital. The extension of the term of the CA might be even suicidal to the UCPN-Maoist and the UDMF. It might be the ploy of the NC and CPN-UML to buy time for allowing the regressive forces they favor to make a comeback. This might be the reason why the NC has joined the Bhattarai government where as the CPN-UML has remained aloof, yet.

On May 15, 2012, the UCPN-Maoist, NC, and CPN-UML, and UDMF have built a consensus on the system of governance. People will directly elect the president, and the parliament will elect the prime minister. They will share the executive power. The country will have 11 federal provinces. Names and geographical boundaries are left to the central parliament or the provincial parliaments to decide. The central parliament will be of two chambers: one is called House of Representatives of 311, 171 directly elected and 140 appointed proportional to the number of political parties receive the votes, another is called National Assembly. It will have 65 members: five members directly elected from each province (55 from the 11 provinces), and 10 members nominated by the President. Thus, the total strength of the parliament will be of 376 (311+65). However, some of the UDMF leaders have told the reporters that they are not happy with the federal provinces the three parties have agreed on. So, UDMF did not send its members to the seven-member task force formed by the Problem Resolution Sub Committee (PRSC) on Tuesday, May 15, 2012 on the peaceful resolution of all disputed issues of a new constitution.

Immediately after the announcement of building a consensus on the 11 federal provinces, UDMF, Broader Madheshi Front (BMF): an alliance of cross-party Madheshi lawmakers, Nepal Federation of Indigenous Nationalities (NEFIN) and Unified Newa National Liberation Front have objected the agreement saying it was a conspiracy to thwart the identity-based federalism, according to the news posted on Myrepublica.com on May 16, 2012.

 “UDMF makes it clear that it completely disagrees with the proposal of three political parties to form the so-called 11 provinces by ignoring the issue of identity," read the press statement signed by Chairman of Madhesi People´s Rights Forum-Democratic (MPRF-D) Bijay Gacchedar, Acting Chairman of MPRF-Republican Rajkishor Yadav, Vice-Chairman of Tarai Madhes Democratic Party (TMDP) Hridayah Tripathi, Chairman of TMDP-Nepal Mahendra Yadav and Chairman of Sadbhawan Party (SP) Rajendra Mahato. "It urges all Madhesi, Tharu, indigenous, Dalit, Muslim communities and other pro-federalist forces to unite for the state restructuring based on identity,” Myrepublica.com on May 16, 2012 quotes the statement.

On May 16, 2012, people belonging to various Indigenous groups have marched on the streets of Kathmandu protesting against the deal the UCPN-Maoist, NC and CPN-UML have reached on May 15, 2012 on the system of governance and the state restructuring into 11 federal provinces saying the 11 provinces without names and geographical boundaries are for undermining the ethnic identity.

Members of Nepal Federation of Indigenous Nationalities (NEFIN), Indigenous Nationalities United Front and Indigenous Nationalities Joint Struggle Committee marched blowing whistles on the streets and then held a mass rally at Baneshwor in Kathmandu. Addressing the rally, Chairman of NEFIN Raj Kumar Lekhi said that the three-party deal was totally unacceptable, as it bypassed the Constituent Assembly, and warned of taking the issue to the streets if the country is not federated following the ethnic identity, according to the news posted on nepalnews.com.

On May 16, 2012, seven ministers have taken the oath of office and secrecy from Prime Minister Dr. Baburam Bhattara in presence of President Dr. Ram Baran Yadav. The ministers that have taken oath are CPN-UML General Secretary Ishwor Pokhrel as a deputy prime minister, and his party colleague Lawmaker Radha Gyawali, Anil kumar Jha of Sanghiya Sadbhawana Party, Chandradev Joshi of CPN-Samyukta, Eknath Dhakal of Nepal Pariwar Dal, Parshuram Khapung of Rastriya Prajatantra Party, and Keshav Man Shakya of Nepaa Rastriya Party as ministers without portfolios; CPN-UML General Secretary Pokhrel has become the fourth Deputy Prime Minister according to the Nepalnews.com.

The extension of the cabinet is the clear attempt of Prime Minister Dr. Bhattarai to bring in all political parties to his cabinet for making it an all-party cabinet at the time when the country is taking a crucial historical turn by promulgating a new constitution. It is the right thing to do for the prime minister. It indicates the political maturity of Chairman of UCPN-Maoist and his party deputy and Prime Minister Dr. Bhattarai. However, one thing not understandable is the one of the clause of the five-point deal reached on May 03, 2012, that says the prime minister will give way to a new government led by the NC. If they are going to honor this clause means the prime minister needs to quit the office within ten days. Then, the question is why so many new ministers are joining the Bhattarai administration when they need to quit the offices after 10 days. The answer might be these guys are going to extend the term of the CA beyond May 27, 2012 or the Bhattarai government is going to stay on even after the promulgation of a new constitution if a new constitution is promulgated on or before May 27, 2012. How it will be done remains to be seen.

On Wednesday, May 16, 2012, speaking at the function to mark the 19th Madan-Ashrit Memorial Day, one of the leaders of CPN-UML KP Oli has said that his party has sent two of its leaders to join the Bhattarai government to change it from within for creating an environment conducive to promulgating a new constitution within May 27, 2012, ‘The Himalayan Times’ writes quoting the RSS: the state-run news agency. Mr. Oli has hinted the power struggle within the coalition government. He also has hinted that the NC would lead a new government, as the NC leaders have been saying only the NC-led government would be in a position to promulgate a new constitution. In addition, the five-point deal the UCPN-Maoist, NC, CPN-UML and UDMF had singed off on May 03, 2012 says that Prime Minister Bhattarai will quit the office before May 27, 2012. However, Mr. Oli did not say why his party had taken 12 days to join the Bhattarai government.

The UDMF leaders have faced the dilemma of whether to stay on in the large coalition government or quit it in protest against the three-party deal on 11 provinces. Some of them are for quitting the government and take the issue of provinces to streets demanding either the 10 provinces as recommended by the State Restructuring Commission or the 14 provinces proposed by the UCPN-Maoist put to vote in the CA; in no case, they are willing to agree on putting the 11 provinces as agreed by three parties such as UCPN-Maoist, NC and CPN-UML to voting in the CA according to the news posted on Myrepublica.com on May 17, 2012. TMDP-Nepal: one of the partners in the alliance of UDMF has decided to pull out of the Bhattarai government in protest against the deal on 11 provinces. Madheshi students have been on the streets demanding the Madheshi leaders to quit the Bhattarai government in protest against the 11 provinces.

If the UDMF leaders really quit the Bhattarai government then it means trouble to not only the UCPN-Maoist but also to the UDMF, too. UCPN-Maoist leaders would be in trouble, as they would need to negotiate with the UDMF leaders to keep them in the government if the UDMF leaders are serious to quit the government. But only some of them might be willing to challenge the three-party deal on 11 provinces for garnering the people’s support for their political parties; others might be more pragmatic than they are and stay on in the government for negotiating with the three political parties for rational results. The UCPN-Maoist would be better off keeping the UDMF as a coalition partner if they are to keep their negotiating advantage over the NC and the CPN-UML. In addition, the UCPN-Maoist leaders most probably know that the NC and CPN-UML have not been credible partners, and have betrayed the UCPN-Maoist not once but several times. So, nobody could guarantee that the NC and CPN-UML guys would not betray the UCPN-Maoist this time, too. CPN-UML guy KP Oli has already hinted it stating that his party has joined the Bhattarai government to change it from within. UDMF leaders would have troubles, too, as they would need to mobilize the people to take them to streets protesting against the three-party deal on 11 provinces. Nobody knows how many of the UDMF leaders are for taking such extreme actions rather than going softly to negotiating with the three parties while staying on in the government. They also know that the Bhattarai government has earned the support of the neighboring countries: India in the south and China in the north, and certainly of the US, too. Tearing down such a government would not be so easy unless and until Dr. Bhattarai irritates anyone of these three powerful countries. China believes that the Bhattarai government is much more favorable than the would-be NC government. As such, the Bhattarai has good will of the major countries influential to Nepal.

The latest news is that the UCPN-Maoist and the UDMF have agreed on staying together in coalition and agreed on compromising the state restructuring. The UDMF leaders prefer 10 provinces recommended by the State Restructuring Commission to put to vote in the CA. What the two political parties such as NC and CPN-UML would do to it not known, yet. But the fact is the 10 provinces recommended by the State Restructuring Commission are not to the likings of the most of the NC leaders. They had openly opposed such 10 provinces. Three members of the State Restructuring Commission, two of them appointed by the NC and one by the CPN-UML jointly had recommended six provinces to the likings of the NC and CPN-UML. So, the four power centers such as UCPN-Maoist, NC, CPN-UML and UDMF have been closer to the deal on the number of provinces but have not done, yet.

The latest infiltration of the regressive forces into Indian Consular Officer S D Mehta located in the Nepalese southern town Birgunja is indicated by how Mr. Mehata has reportedly incited the Madheshi leaders at a cocktail party held at the Hotel Vishuwa on Wednesday, May 16, 2012 to a fiery Madheshi movement provoking strong protests by political leaders. How the regressive forces penetrate into even the Indian officials is not know yet but surely the Indian consular officer has played in the hands of the regressive forces.

The infiltration of the regressive forces into the demonstrators, the police and the reporters has been vividly demonstrated by the protestors attacking the reporters and the vehicles, and the police not taking any actions against the criminals, and the reporters attacking Ang Kaji Sherpa at the news conference held at the Reporters’ Club on May 20, 2012 when he said that the reporters have not reported the events held by the NEFN but the interviews and events held by Chitra Bahadur KC of Rastirya Janamorcha, and Kamal Thapa of Rastriya Prajatantra Party-Nepal: both of them are strong campaigners of anti-federalism are excessively reported and repeatedly shown on TVs. The video posted on the Youtub.com shows that some of the reporters are so aggressive that they are ready to punch Ang kaji Sherpa on the podium. 

The political drama played by the leaders of UCPN-Maoist, NC, CPN-UML and UDMF including the regressive forces endemic in these political parties is surely come to an end on or before May 27, 2012 after the promulgation of a new constitution. Whether the drama will have happy ending with a promulgation of a new constitution or tragic ending without the promulgation of a new constitution remains to be seen. However, how the overwhelming majority votes have passed the bill on the 12th amendment to the Interim Constitution of Nepal of 2007 in the parliament on Saturday, May 19, 2012 shortening the procedures of completing a new constitution makes us optimistic about the happy ending of the political drama.

To be continued ….