Dr. Baburam Bhattarai Stays On-Part XII

Siddhi B Ranjitkar

The first round of the political game ended on the midnight May 27, 2012 causing the demise of the Constituent Assembly (CA) elected for promulgating a new constitution. The players were the team of UCPN-Maoist and UDMF on one hand and the team of NC and CPN-UML on the other hand. The UCPN-Maoist and UDMF team played for federalism and federal provinces with ethnic names whereas the NC and CPN-UML played against federalism and federal provinces with ethnic names. The NC and CPN-UML successfully incited some groups to come up against the federalism going against the people’s aspirations for ethnic federalism. Now, the game has shifted from the meeting rooms to the election fields. However, the NC and CPN-UML want to play the game with their own rules not by the same set of rules everyone needs to play following the democratic values and norms. Prime Minister Dr. Baburam Bhattarai needs to stick to the rules and strictly follow them not giving in to the demand of the NC and CPN-UML guys to quit the office. Prime Minister Bhattarai has correctly played the game obviously following the Supreme Court of Nepal as a referee in dissolving the CA and calling fresh elections to a new CA.

The NC and CPN-UML team has stuck to not agreeing on the federalism and ethnic provincial names proposed by the UCPN-Maoist and UDMF leading to the dissolution of the CA on the midnight of May 27, 2012. On the recommendation of Prime Minister Dr. Baburam Bhattarai, President Dr. Ram Baran Yadav dissolved the CA and set the November 22, 2012 for fresh elections for a new CA. Chairman of CA Subhas Nemwang said that he had suggested both the teams for amending the Interim Constitution of Nepal of 2007 for keeping the parliament alive even though the CA would end but the players did not want it. Clearly, President of NC Sushil Koirala wanted to see the CA go but did not want that Dr. Bhattarai stayed on in the government. Some NC leaders and most of the CPN-UML wanted to end the CA with the government in their hands. That did not happen; so, they have been nervous about the Bhattarai government holding the general elections on November 22, 2012. Both the NC and CPN-UML guys have experiences in making the elections results in their favor when they had been in power. So, keeping Dr. Bhattarai in power means they would not be able to do so. Now, they know that the election results would not be in their favor for two reasons: first, they have antagonized most of the Nepalis not agreeing on promulgating a new constitution with federalism; second, they would not be in the administration to manipulate the elections results in their favor. The only choice they have is to plead the president to remove Dr. Bhattarai from the office and put one of these NC and CPN-UML guys in his place if not fight against the government of Dr. Bhattarai on the streets.

President of NC Sushil Koirala has rightly told his cadres that they need to go to the people in preparation for the general elections to be held in November 2012. Instructing the cadres to prepare for elections, Mr. Koirala has simply followed the rules of the game and wanted to play the game fairly following the rules in other words the Interim Constitution of Nepal of 2007. However, later on, he changed his mind and also has said that he would work for changing the government. How could a person like Mr. Koirala politically a so learned person and knows the need for playing the political game by the rules say such a thing when the Interim Constitution of Nepal of 2007 has no provision to do so? Most probably Mr. Koirala wants to bring the president out of the status of the ceremonial and make him active president and play a political game in his favor. If Mr. Koirala were of a democratic minded person as he often tried to pretend he was, he would have simply gone to the people asking for votes for his party. The most politically grave mistake Mr. Koirala is going to commit is to put the cadres and mafia people on the streets in the efforts to topple the government from the streets. If Mr. Koirala could do such things why not other leaders could not, then everybody would go to the streets to grab the power. Mr. Koirala needs to tell Nepalis whether such politics would be possible in the democratic system of governance. Mr. Koirala needs to understand if he were successful to capture the power from the streets other leaders in waiting would not do the same thing. Then, Mr. Koirala needs to answer where the Nepalese politics would lead to if all leaders go to the streets to grab power. Mr. Koirala should not have forgotten how his party and CPN-UML firmly stood behind the then Prime Minister Madhav Nepal when the UCPN-Maoist launched a massive street demonstration and shut down the entire nation for six days in 2009 but could do nothing but earned the hatred of the people. Nepalis have had enough of shutdowns and protest demonstrations and so on; now, they want a lasting peace for their regular business to earn the daily living. So, Mr. Koirala would be better off calling off the planned June-8 massive demonstration and let the people do their business in peace.

Speaking to the reporters at the press conference held at the office of his party NC on Saturday, June 2, 2012, President of NC Sushil Koirala said, "It was a ploy and an attempt at autocracy. The one-sided election announcement is unconstitutional and illegal," ‘The Rising Nepal’ of June 3, 2012 writes. Stating the announcement of the general elections to be held within six months of the dissolution of the CA is unconstitutional and illegal, Mr. Koirala has either ignored the Interim Constitution of Nepal of 2007 or he is ignorant of it otherwise he would never have said so, as the president has declared the fresh elections to a new CA following the recommendations of the prime minister, who in turn has recommended following the prerogative given by the Interim Constitution of Nepal of 2007.

Speaking at an interaction on ‘Current Political Crisis and Solution’ organized by Political Experts’ Association in Kathmandu on Saturday, June 2, 2012, CPN-UML senior leader Madhav Kumar Nepal said that the country was moving toward a deep constitutional and political crisis after the dissolution of the Constituent Assembly (CA), ‘The Rising Nepal’ of June 3, 2012 writes. Clearly, Mr. Madhav Nepal does not understand what is a constitution and constitutional crisis. If he correctly understood the Interim Constitution of Nepal of 2007, he would have never said so. The country could move to the political and constitutional crisis if the president has not announced the elections to be held on November 22, 2012

On June 2, 2012, Chairman of CPN-UML Jhalanath Khanal went to the president begging for toppling the Bhattarai government and appointing a new person in his place according to the news on nepalnews.com. Mr. Khanal must have asked the president for appointing him as a prime minister, stating he is the most eligible person for doing nothing as demonstrated by his performances during the six-month term of his office of prime minister. Thus, Mr. Khanal had set the record of doing nothing but consuming the state remuneration. What we could expect from such a person is nothing but talking nonsense like asking the president to remove the prime minister duly elected by the parliament and staying on following the Interim Constitution of Nepal of 2007. Mr. Khanal’s plea to the president for removing the current prime minister is nothing but childish. Mr. Khanal needs to be able to say that the president needs to dissolve the current government following certain Article of the Interim Constitution of Nepal of 2007 if the prime minister has erroneously made recommendations to dissolve the CA and set a date for electing a new CA but Mr. Khanal could not do so but as a last resort, he pleaded the president for removing the incumbent prime minister in the current political situation. Mr. Khanal needed to think twice before he allowed dissolving the CA if he did not want to see Dr. Bhattarai staying on in the office. Now, it has been too late to remove Dr. Bhattarai from the office.

Another political clown is the so-called Chairman of Madhesi People’s Rights Forum-Nepal (MPRF-Nepal) Upendra Yadav, apparently also the leader of the Broader Madhesi Front (BMF). Talking to the reporters at the press conference held in Kathmandu on June 2, 2012, Mr. Yadav urged the president to remove the current prime minister from the office and form a new government based on a broad political consensus to clean off the current political mess. Mr. Yadav has seen the imaginary current political mess but he has failed to see his own mess starting from being the leader of the UDMF and falling down to being the leader of small fraction of MPRF-Nepal. Now, he has formed a BMF. How broad it is nobody knows. He has lost the political civility while speaking to the reporters at the conference telling such things that any sane politician would never tell in the public. Anybody can guess whether the president will listen to such a politician.

Some political leaders including President of NC Sushil Koirala have said that the Maoists have the mindset of capturing the state power. Is it not Don Quixote style thinking? The reality is the Maoists in partnership with the UDMF are in power. They would stay on in power as long as the Interim Constitution of Nepal of 2007 permits them. Certainly, the opposition has the rights and duties to remove any government in power only to take power following the Interim Constitution of Nepal of 2007. However, the politically immature guys even though they have been in politics throughout their lives forgetting even to marry and have a regular family life have tended to play the political games not following the set of the rules. These guys unquestionably see the current political situation as a mess or even as a crisis. They could not find any constitutional clue to remove the current government; so, the so-called bunch of political clowns have called a mass meeting at Tundikhel in Kathmandu on June 8, 2012 demanding the prime minister to step down. However, they also know that the prime minister does not need to oblige by any law to meet their demand.

Another political clown that does not want to play the political games by rules is Vice-chairman of UCPN-Maoist Mohan Vaidya Kiran. Mr. Vaidya is said to be the leader of the dissident group in the UCPN-Maoist. At the press conference held at the of Newa State Committee on Friday, June 1, 2012, Mr. Vaidya has said that holding a fresh election of the constituent assembly is irrelevant, as it could not accomplish its task; so, an all-party round table conference with inclusive representation of workers, peasants, suppressed class, women, Janajati, Dalit, Muslim, Madheshi and backward community is the most appropriate one for crafting a pro-people constitution; he also has demanded to form an interim national government for ending the current political crisis, ‘The Rising Nepal’ of June 2, 2012 writes. Mr. Vaidya has clearly posed to be another Don Quixote in the Nepalese politics, as he has seen the crisis that does not exist and wants to form a new government disregarding the Interim Constitution of Nepal of 2007. Mr. Vaidya has proposed the all-party round table conference that none of the political parties particularly the NC and CPN-UML would agree. Mr. Vaidya also fails to say the representation of workers, peasants, people of the suppressed class, women, Janajati, Dalit, Muslim, Madheshi and backward community belonging to which party, as every party claims to have the groups of all the types of the people Mr. Vaidya has mentioned. So, his round-table conference is not only irreverent but also nonsense.

Speaking to the delegation of former ministers, former Nepalese ambassadors, civil society leaders, human rights activities and legal professionals focused on the Madhes issues at his residence on Friday, June 1, 2012, President Dr Ram Baran Yadav has said that division among the people in the name of castes and religions could not lead the country to progress; so, the need is for the unity and cooperation among the people of all castes and religions; he worried about the questions being raised taking up the ethnicity issues with the dissolution of the Constituent Assembly, and urged the political parties not to exercise the politics of ethnicity and to move ahead through consensus, collaboration and unity by taking in all the people’s confidence, ‘The Rising Nepal’ of June 2, 2012 writes. Perhaps due to his hard political mindset built by his lifelong association with the NC, President Yadav has failed to feel the aspirations of the ethnic people including his own ethnic for federalism and federal state with the identity of ethnics including the Bahun-chettri.

Speaking at a press conference held at the central office of CPN-UML at Balkhu after a meeting of the party’s standing committee, Chairman of CPN-UML Jhalanath Khanal said that the CPN-UML and NC were trying to extend the term of the Constituent Assembly (CA) following a legitimate procedure, but Maoists dissolved the CA to establish a one-party political system. He said that the CPN-UML would start unmasking the reality of Maoists through different protest programs across the country and stressed that national consensus was the demand of the nation. Khanal said, "The government has no political and constitution legality. If the government is not ready to pave the way, all political forces will jointly start protests against the government." CPN-UML leader KP Oli said that the prime minister had no right to resign and added, "The caretaker government is not there to give the resignation. As a caretaker prime minister, he should support the parties to form a national consensus government." (Source: The Rising Nepal of June 1, 2012). Although Mr. Oli had been out of the regular track of the political reality in the past, this time, he correctly said that the caretaker government was not to leave the office (but to hold elections).

On Thursday, May 31, 2012, Former Prime Minister and CPN-UML senior leader Madhav Kumar Nepal went to see President Dr. Ram Baran Yadav and briefed the president about the current political scenario and urged President Dr. Yadav to bring the political parties to the middle path to resolve the deadlock; President Yadav told Mr. Madhav Nepal that he was consulting with different political leaders and suggested Mr. Madhav Nepal to build a consensus among the parties on resolving the ongoing deadlock, ‘The Rising Nepal’ of June 1, 2012 writes. Mr. Nepal must have seen the power of the monarch in the president and must have suggested the president for adopting his prescription for resolving the political crisis his party and NC are building up. Mr. Nepal has the history of applying for the office of prime minister when the then monarch advertised for the applications from the most qualified persons for the position of prime minister in 2005; he also has the history of losing the elections in two constituencies in 2008.

Instead of ignoring political principles, ethics and moral in the greed of capturing the state power, and saying whatever comes on their mind to the people and going to the president and inciting him to take actions going beyond the provisions made in the Interim Constitution of Nepal of 2007, all these so-called political leaders would be better off going to the people and building their base at the grassroots level to face the elections squarely. This is the only way of following the constitution. Everything they have been doing and saying so far go against the constitution would surely create constitutional crisis. For strengthening democracy, they need to play with the democratic rules not by the rules they want.

If these guys such as Sushil Koirala and Madhav Nepal rejected by the people in the elections held in April 2008 going against the people’s aspirations for a lasting peace call a nation shutdown and shut down the business of the entire Nepalis then this would be nothing but a political felony, and these guys could be political felons.

In the press statements released on Thursday, May 31, 2012, the Chinese embassy, the European Union Missions, and the Japanese embassy expressed their concern over the failure to promulgate a new constitution and dissolution of the Constituent Assembly, ‘The Rising Nepal’ of June 1, 2012 writes.

"As a friendly neighbor, China is closely watching the development of Nepal’s political situation and sincerely hopes that the political forces in Nepal continue to pursue consensus through dialogues and consultations and work together in promoting political stability, economic and social development of Nepal," read the statement issued by the Chinese embassy, "China supports the efforts made by the Nepalese side in safeguarding its independence, sovereignty and territorial integrity, and in striving for peace, stability and prosperity."

In its statement, the European Union (EU) in Nepal called on the political parties to forge consensus for peace, stability and constitution. The EU Missions expressed their disappointment over the failure of the political parties on a new constitution, which resulted in the dissolution of the Constituent Assembly on May 27.

"We are concerned by the possibility of prolonged political uncertainty and the effect this could have on Nepal’s socio-economic development," read a press statement issued by the Embassy of Denmark, in agreement with the EU Heads of Missions in Nepal on Thursday. "We believe that respect for fundamental democratic principles is essential to guarantee that the aspiration of Nepal’s citizens for peace, stability and prosperity is met," the statement said.

Stating that they have been keenly supporting the development and peace process in Nepal, they reassured of continuity of support for the efforts made by the political parties to find ways and build the necessary trust to conclude the peace agreement they reached in 2006, and deliver a democratic and inclusive constitution.

Similarly, the Embassy of Japan in Nepal has also expressed its deep regret in relation to the latest political development in which the CA, despite indefatigable efforts by the political leaders, failed to promulgate the new constitution on time.

While expressing its deep regret, the embassy of Japan said that it wished all political parties, at this critical juncture, recalled the age-long aspirations of the people of Nepal and, based on the spirit of compromise and conciliation, make fresh efforts to overcome the historic challenge of writing the constitution, and thus, launch Nepal into a new era and further towards peace and democracy. The Government and people of Japan are ever ready to assist Nepal’s efforts to this end, and are confident that the friendly and cooperative relations that so happily exist between the two countries will be further strengthened in the days ahead, read a statement issued by the embassy.

Talking to ‘The Himalayan Times’ on May 29, 2012, Indian political leaders and Nepal watchers said that the Nepalese political parties are responsible for managing the crisis.  Former Indian ambassador to Nepal Shiv Shankar Mukherjee said it was up to all the political forces in Nepal either to go for fresh polls or figure out a new consensus path. “It is unfortunate that the elected representative body (CA) was dissolved without fulfilling its major duty. But, it does not mean Nepal made no headway in the peace process,” Mukherjee said. “Whatever decision is taken has to be Nepal’s own. They have to find a new step for the country on their own”, said Mukherjee, “India can provide necessary assistance only if Nepal requests, there was no reason to be disappointed, as it would take time for big political and social change to take place, as different parties possess diverse ideology and opinions, they might disagree on several issues. So, it takes time to bring out fundamental transformation.” Spokesperson for Bharatiya Janata Party Rajiv Pratap Rudy said it was unfortunate that the Constituent Assembly was dissolved without drafting a new constitution. “CA’s failure to deliver a new constitution despite four term extensions has dealt a big blow to Nepal’s peace process and its journey to prosperity,” Rudy said, “now the time has come for all political parties in Nepal to forge new consensus from a new angle. Journalist and expert on Nepal affairs Anand Swaroop Verma argued that non-promulgation of the constitution would have grave repercussions on all political parties in Nepal. Verma, however, opined that relevance of the 12-point agreement still remained. Noting that Nepal got republicanism and secularism due to the 12-point agreement, Verma urged the parties in Nepal to strike a new accord. He cautioned that traditional forces that have failed to internalize change in Nepal might attempt to fish in murky waters. (Source: The Himalayan Times of May 29, 2012)

Talking to the reporters at his residence in Rajbiraj on May 29, 2012, senior republican leader Ram Raja Prasad Singh said that lack of farsightedness in the political leaders was to blame for the dissolution of the CA although the republic was formally declared in the country, ‘The Himalayan Times’ of May 29, 2012 writes quoting the state-run news agency RSS.

At the meeting held at the Prime Minister’s office in Singha Durbar on Wednesday, May 30, 2012, Prime Minister Dr Baburam Bhattarai consulted with former attorney generals (AGs) about the constitutional and legal provisions to follow after the dissolution of the CA and the lately developed political situation, ‘The Rising Nepal’ of May 31, 2012 reports. Most of the former AGs said that all the political parties should go for election taking the government’s announcement positively.

Stating that the government has no options but to announce the election for Nov 22 at the last hour of the CA getting automatically dissolved on the midnight of May 27, 2012 following the verdict of the Supreme Court of Nepal, the Prime Minister has sought the opinions of the former AGs on the legal and constitutional provisions made in the statutes for such matters and for the statement the President has issued on Tuesday, May 29, 2012 stating the Bhattarai government is a caretaker government, the news in ‘The Rising Nepal’ of May 31, 2012 states.

According to the news in ‘The Rising Nepal,’ talking to the reporters after the meeting with the prime minister, Former Attorney General Sarvagya Ratna Tuladhar has said that almost all the former AGs have felt seeking the fresh mandate of the people is the right thing the government has done after the dissolution of the CA, as there is no alternative left following the verdict of the Supreme Court of Nepal. Concerning the president’s statement of telling the current Bhattarai government is a caretaker is superfluous, as the constitution has clearly stated it. He also said that the President should work in tandem with the Prime Minister to hold the elections for a new CA, as Prime Minister Dr Bhattarai holds the constitutional rights to do; so, the President should issue ordinances following the recommendations of the prime minister for the laws required for holding the elections. Former Attorney General Tuladhar has clearly stated that seeking an alternative to the current government goes beyond the constitution in absence of the parliament.

UDMF leaders have welcomed the fresh elections for a new CA stating the government has no alternative but to announce fresh elections to save the people’s aspirations for federalism, and this announcement also honors the verdict of the Supreme Court of Nepal on not extending the term of the CA, and accused the NC and the CPN-UML leaders of being anti-federal, as they opted for the dissolution of the CA rather than the CA promulgating a new constitution featuring federalism with identity, ‘The Rising Nepal’ of May 31, 2012 reports.

On May 30, 2012, the influential leaders of the civil society went to see President Dr. Ram Baran Yadav for offering advice what he should act as the protector of the constitution following the interim constitution; they want the president to play a role in protecting democracy, and keeping the ethnic harmony as the only elected institution has remained after the dissolution of the CA and the legislature-parliament; President Dr. Yadav in turn has assured the leaders of the civil society of not crossing over the line of the interim constitution in its letter and spirit; after the meeting, Nepal Bar Association president Prem Bahadur Khadka has said that president could form a national consensus government following the Article 158 of the interim constitution that has the provision for removing obstructions, ‘The Rising Nepal’ of May 31, 2012 reports.. These legal guys pushing the president to cross over the constitutional provisions could be termed as discretionary legal experts.

Not only the Nepalese legal experts are constitutionally naïve but also the so-called political leaders are, too. On Saturday, June 2, 2012, the NC leaders said that the dissolution of the Constituent Assembly and announcement of the fresh CA elections just half an hour before the expiry of the CA tenure on May 27 was a result of a grand-design of the UCPN-Maoist and United Democratic Madhesi Front (UDMF). "It was a ploy and an attempt at autocracy. The one-sided election announcement is unconstitutional and illegal," ‘The Rising Nepal’ of June 3, 2012 quotes President of NC Sushil Koirala as saying. At the same time, speaking at an interaction on ‘Current Political Crisis and Solution’ held by the Political Experts’ Association, Senior Leader of CPN-UML Madhav Nepal Saturday said that the country was moving toward a deep constitutional and political crisis after the dissolution of the CA, ‘The Rising Nepal’ of June 3, 2012 writes. At the meeting of the standing committee of CPN-UML held on Monday, May 28, 2012, the leaders condemned the government for dissolving the Constituent Assembly and Legislature Parliament and announcing a fresh election to the CA terming them unconstitutional, ‘The Rising Nepal’ of May 29, 2012 reports. "The step taken by the UCPN-Maoist-led government is against the spirit of the April Uprising of 2006, the Comprehensive Peace Accord and the Interim Constitution 2063 and our party condemns the unconstitutional move taken by the prime minister," said party chairman Jhalanath Khanal in a statement released after the meeting, ‘The Rising Nepal’ of May 29, 2012 writes.

Talking to the reporters on Tuesday, May 29, 2012, two days after the dissolution of the CA, Former Chairman of Constituent Assembly Subhas Nemwang said that the country was heading to a difficult situation, as the parties failed to build a consensus on a new constitution and the CA was dissolved; and the parties ignored his suggestions including an amendment to the Interim Constitution to save the parliamentary role of the CA, ‘The Himalayan Times’ of May 29, 2012 reports.

On Tuesday, May 29, 2012, as many as 19 political parties including UPCN-Maoist, constituents of UDMF and other fringe parties said that the government’s announcement of fresh elections to a new CA after the dissolution of CA was constitutional and also honoring the verdict of the Supreme Court of Nepal given on November 25, 2011. In a joint statement, they said the traditionalists and status quoits forces did not let build a federal republic Nepal based on the ethnic identity through the CA. “They have disdained the CA members by not letting them exercise the CA’s sovereignty,” it read, “People will recognize such tendencies and characters in the future,” ‘The Himalayan Times’ of May 29, 2012 writes.

At the meeting held on Sunday, June 3, 2012, the coalition of the ruling political parties: UCPN-Maoist, UDMF and other small parties have decided to counter rumors spread by the NC and CPN-UML that the UCPN-Maoist and UDMF are responsible for the dissolution of the CA, going to the people and telling the people the truth, ‘The Rising Nepal’ of June 4, 2012 writes. "We have decided to go to the people to check all the rumors the NC and UML are spreading among the people. They are blaming us for the dissolution of the CA and we have to inform the people about the truth" said Mahendra Ray Yadav, chairman of Terai Madhes Loktantrik Party-Nepal: one of the constituents of UDMF, after the meeting, ‘The Rising Nepal’ of June 4, 2012 writes. Acting Chairman of Madhesi Janadhikar Forum-Republican and Information and Communications Minister Raj Kishor Yadav said that extensive discussions would be held among the pro-federal forces and the nineteen parties in the government to prepare a common agenda, and also said that the NC and the CPN-UML leaders rejecting the fresh elections to a new CA to be held on November 22, 2012 had gone against the democratic norms and values.

Speaking at a press conference held in Birgunj on Sunday, June 3, 2012, Chairman of Terai Madhes Loktantrik Party Mahantha Thakur said that identity-based federalism would be the key political agenda of his party in the forthcoming elections to the CA; the current coalition of UCPN-Maoist and the UDMF would continue during the elections, ‘The Rising Nepal’ of June 4, 2012 reports. "UDMF will contest the CA election by forming an alliance with the Maoists and we have already held the first round of the meeting with the Maoists to this effect," ‘The Rising Nepal’ quotes Chairman Thakur as saying. He blamed the CA chairman Subhas Nemwang and constitutional committee chairman Nilamber Acharya for the dissolution of the CA. "When the UML and Congress leaders occupying the two key posts did not agree to resolve the issues through constitutional procedures, the CA got dissolved," he said. Subhas Nemwang is the UML leader, and Nilamber Acharya is the NC leader.

June 9, 2012