Dr. Baburam Bhattarai Stays On-Part XIX

Siddhi B Ranjitkar

Now, the real political game is going to be played between the ruling coalition of the UCPN-Maoist and UDMF and the opposition coalition of the NC and CPN-UML. The ruling coalition wants first to complete the constitution writing and the peace process in a single package while the opposition coalition wants first to grab the power wishing either the head of state fire the prime minister or the prime minister voluntarily quit the office. Both the parties have not compromised their stand causing the current political deadlock.

Since the dissolution of the CA on May 27, 2012, the opposition coalition had been pushing the head of state President Dr. Ram Baran Yadav to fire Prime Minister Dr. Baburam Bhattarai stating the prime minister had dissolved the CA and announced the fresh election to a new CA unconstitutionally. Whereas the ruling coalition had been saying that the CA got dissolved thereafter the fresh elections to a new CA was announced following the ruling of the Supreme Court of Nepal. As such, the government had simply followed the ruling of the Supreme Court of Nepal.

The opposition coalition did not want to go to the polls believing that they would not be able to compete with the ruling coalition of the UCPN-Maoist and UDMF. The opposition leaders such as President of NC Sushil Koirala, Vice-president of NC Ram Chandra Poudel, Senior NC leader Sher Bahadur Deuba and Chairman of CPN-UML Jhalanath Khanal, Senior Leader of CPN-UML Madhav Nepal did not believe that they would be able to garner majority votes in the fresh elections to a CA. They were sure that the ruling coalition of the UCPN-Maoist and UDMF would surely win the election.

Believing that the elections to a new CA would not be in their favor, the only alternative they had seen was to grab the power by any means disregarding whether such attempts were constitutional or not. Consequently, these NC and CPN-UML leaders had been relentlessly saying that the dissolution of the CA and call for the fresh elections to a new CA were unconstitutional. However, none of these guys had been able to point out any Article of the Interim Constitution of Nepal of 2007 that stated the dissolution of the CA and the call for the fresh elections to a new CA were unconstitutional. They had continued to demand the prime minister quitting the office immediately for paving the way to form a so-called unity government headed by the NC. They did not say if the unity government were to be the government of all parties how they could form such a government without the consent of the ruling coalition.

The ruling coalition had said to the opposition leaders that if you did not want to go to the polls then let us resolved everything in a package. First let us agree on the federalism, and the identity-based provinces, and then on sharing the power in other words the current prime minister would quit the office for forming an all-party new government headed by the NC. However, the opposition leaders not only did not listen to the proposal of the ruling coalition for resolving all political issues in a package but also did not want to talk with the ruling coalition leaders as long as the current prime minister remained in the office. The first condition of the opposition leaders for talking with the ruling coalition had been the resignation of Prime Minister Dr. Baburam Bhattarai. Not surprisingly, the ruling coalition did not turn over the power to the opposition leaders so easily.

Then, one of the leaders of the UDMF Rajendra Mahato held an all-party meeting and came up with the proposal for accepting the state restructure and names of provinces as recommended by the Commission on State Restructuring subject to changes in the names and number of provinces by a new parliament elected following the promulgation of a new constitution. The opposition leaders did not listen to the proposal, too.

The opposition leaders anticipated that the head of state would fire the prime minister after July 22, 2012: the deadline for the prime minister to build a political consensus on amending some Articles of the Interim Constitution of Nepal of 2007 for making the Election Commission possible to hold elections to a new CA on November 22, 2012. These opposition guys were sure that the prime minister would not be able to keep the deadline, as they were not cooperating with him on this issue. So, the head of state would fire the prime minister following the incompetence of the prime minister to build a political consensus on amending the Articles of the Interim Constitution of Nepal of 2007 as required by the Election Commission.

According to the news posted on nepalnews.com on July 22, 2012, President of NC Sushil Koirala, Vice-President of NC Ram Chandra Poudel and Senior Leader of NC Sher Bahadur Deuba went to see Head of State President Dr. Ram Baran Yadav obviously to tell the head of state it was time to fire the prime minister, as the deadline for building a consensus on amending some Articles of the Constitution for paving the way to hold elections to a new CA expired but prime minister had been unable to do so. However, the head of state clearly told them that as the head of state he was bound by the constitution, and he was not in a mood to breach it, and told the NC leaders to build a political consensus on forming a national unity government as soon as possible, as running the administration by the presidential ordinances would send a wrong message to the people.

After the head of state refused to follow the advice of President of NC Sushil Koirala, Vice-president Ram Chandra Poudel and Senior leader Sher Bahadur Deuba to fire the prime minister and appoint one of them to the office of prime minister rather the head of state told them to build a political consensus on forming a unity government to resolve all political issues; they went to meet with the CPN-UML leaders on July 24, 2012 to formulate the next strategy of grabbing the power rather than resolving the hot current political issues such as building a consensus on federalism, federal provinces and their names and then promulgate a new constitution.

They came up with a decision on forcing the prime minister out of the office and then on forming a unity government by any possible means but before doing so they would have decisive talks with the UCPN-Maoist. They simply disregarded the UDMF not including its leaders in the so-called decisive talks with the UCPN-Maoist. They also decided that the NC leaders would pick up a candidate for a new prime minister as soon as they agreed on forming a new unity government. What did they mean the unity government and how they would form it and how they would force the prime minister out of the office was the main strategy of these two political parties but they were not concerned with resolving the burning issues of promulgating a new constitution.

At the same time, Senior Leader of CPN-UML Madhav Nepal had been telling his people that the fresh elections to a new CA on November 22 were impossible, as Prime Minister Baburam Bhattarai had unilaterally declared the elections breaching the constitutional provisions, however, he did not bother to state which Article of the Constitution went against the declaration of the elections to a new CA.  He went on saying that the Interim Constitution had no provision for holding the elections to a new CA but he either forgot the ruling of the Supreme Court of Nepal on holding elections to a new CA or simply ignored it. So, he suggested amending the Constitution through a consensus among the political parties. He also accused the prime minister of running the administration infringing the fundamental norms and values of democracy; however, Madhav Nepal did not define the democratic norms and values, too.

Ethnic-origin leaders of NC and CPN-UML had been dissatisfied with the policy of these parries on not recognizing the identity-based provincial names and federalism. So, they had been preparing for setting up a new political party. At the same time, Chairman of Nepal Federation of Indigenous Nationalities (NEFIN) Raj Kumar Lekhi in Chitwan on July 24, 2012 said that the indigenous leaders were preparing to announce a new party on August 9: International Day of Indigenous People in the World.

Speaking at one of the events held in Bhaktapur on July 23, 2012, one of the dissident central members of CPN-UML Rajendra Shrestha has said that they are in the final stage of opening a new party, as there is no alternative to splitting the CPN-UML if the decision on federalism with a multi-identity is not corrected, which he has said goes against the decision made by the Eighth General Convention of the CPN-UML; he also has said that the dictatorial tendency has been prevailing in the party even though the CPN-UML claims that the party is in favor of pluralism; the party is not always liberal on the issues of ethnicity, as he has been compelled to remain in the same position for the past 20 years because of his ethnic background, according to the news posted on ‘thehimalayantimes.com’.

Some second-generation leaders of the NC had been for fresh elections either to a new CA or a parliament. They were divided into pro-CA elections and pro-parliament elections. So, they could not build a consensus on the elections either to a new CA or a parliament. All of them agreed on the need for restoring the dissolved CA for breaking the current political deadlock. However, the NC had the tradition of the top leader making a unilateral decision on anything than democratically listening to the leaders of other levels.

Leaders of UDMF had held a two-and-a-half hour meeting with Head of State President Dr. Ram Baran Yadav at the Shital Niwas presidential residence on Tuesday morning, July 24, 2012, and told the head of state that changing the current government without building a political consensus on the issues of a new constitution would invite more crisis than resolving the issues in the country, according to the news posted on myrepublica.com. They also told the president that the dissolved CA could be revived and then promulgate a new constitution following the recommendations of the Commission on State Restructuring on the number of provinces and their names subject to endorsement by a newly elected parliament within three months.

According to the news posted on ‘thehimalayantimes.com’ on July 24, 2012, at the meeting held with the UDMF leaders, Head of State President Ram Baran Yadav told leaders of the UDMF that he would take decisions on the political matters following either the political consensus or the Interim Constitution and would not take any step that could invite controversy, Minister of Information and Communications Rajkishor Yadav told the reporters after the meeting with the head of state. “The most important message of the President was that he agreed with us to seek resolution on unsettled issues of the constitution before new elections are held and in the event of the failure of the same, fresh elections for the CA,” Minister Yadav said. The President said he wanted to live up to the expectations of people who want him to play a historic role of the first President of the republic and the president repeated his emphasis on the protection of the gains of the popular movements. “The President holds rational views on all contemporary issues and we are very impressed by him,” Minister Yadav said. According to another UDMF Leader Rajendra Mahato, the President urged the Madhesi leaders to try their best to win the confidence of the NC and CPN-UML in building a consensus on political issues; and they in turn told the President that the change of guard at the office of prime minister alone would not resolve the current political problems and hence consensus on unsettled issues of constitution particularly federalism was necessary. “We told the President if the government was changed without settling issues of constitution, it could repeat the same experience of the 1950s when the government kept changing every 6-12 months but general election was not held for 8 years,” said Mahato. “We told the President that if parties agree to promulgate a new constitution, we are ready to follow the five-point agreement and accept the leadership of the Nepali Congress,” Mahato said.

Senior leader of CPN-UML Madhav Nepal has said it will be impossible to build a consensus among the political parties to end the current political impasse until Prime Minister Dr Baburam Bhattarai quits the office. “Prime Minister Bhattarai’s resignation is a prerequisite for consensus,” nepalnews.com quotes him as saying while talking to media persons at Simara Airport in Bara on Thursday, July 26, 2012. So, he ruled out holding any discussion on the UCPN-Maoist’s proposal either for holding an election to a new CA on November 22 or reviving the dissolved CA until Prime Minister Bhattarai quits the office

Deputy Prime Minister holding the portfolio of Minister for Foreign Affairs Narayan Kaji Shrestha said that an environment conducive to holding elections to a new CA on November 22 would be created if the NC and CPN-UML were willing to build a national consensus on amending the Interim Constitution of Nepal of 2007 and on completing the peace process, according to the news posted on the thehimalayantimes.com on July 23, 2012.

Speaking at the closed session of the two-day Second National Conference of the Youth Association Nepal in Kathmandu on July 23, 2012, Chairman of CPN-UML Jhalanath Khanal has alleged that the government has been running the administration through the presidential ordinances, and it is unacceptable to his party; he has made it clear that an amendment to some Articles of the Interim Constitution is necessary to hold elections to a new CA; and the amendment is possible only after building a political consensus among the political parties so that the Election Commission can hold the election to a new CA otherwise not possible; the prime minister has to quit the office for paving the way for forming a national consensus government; he also has said that the NC needs to select a candidate for a new prime minister immediately, otherwise, the NC should support the CPN-UML for forming a new government, according to the news posted on the website: ‘thehimalayantime.com’.

On July 22, 2012, Chief Election Commissioner Nil Kantha Uprety, Commissioner Ayodhi Prasad Yadav, and Secretary Shankar Prasad Koirala held a meeting with Chairman of UCPN-Maoist Prachanda, Vice-President of NC Ram Chandra Poudel and Chairman of CPN- UML Jhalanath Khanal at their Kantipath office in Kathmandu and urged them to amend the constitution and election-related Acts within a week otherwise it would be impossible to hold elections to a new CA on November 22 this year, according to the news posted on nepalnews.com

Chairman of newly formed CPN-Maoist returned to home on July 25, 2012 after a 10-day visit to China. He talked to the reporters and told them that the Chinese leaders had cautioned him against the federalism that might lead the country to disintegration, and also cautioned him against the foreign forces dictating the federal model in Nepal. “We have been advocating identity-based federalism. We too do not want federalism that leads to the country's disintegration," Nepalnews.com quotes him as saying.

“I met with the high ranking government officials and the top leaders of the Communist Party of China and during the meeting they expressed concern over the party split and advised us not to go for federalism as it would push the country into disintegration,” ‘thehimalayantimes.com’ quotes Chairman Vaidhya as saying upon his arrival on Wednesday, July 25, 2012.

Chairman Vaidhya along his wife Sushma and politburo member Indra Mohan Sigdel had been in China on a 10-day visit at the invitation of the Communist Party of China. On June 29, Ai Ping, Chief of International Department for South Asian Affairs of the Communist Party of China had extended an invitation to Vaidhya to visit China when Ai Ping was in Nepal on a three-day visit. It was shocking news that newly formed CPN-Maoist Chairman Mohan Vaidhya had been against federalism taking the words from the Chinese leaders the federalism might push the country into disintegration, according to the news posted on ‘thehimalayantimes.com’.

Thus, the CPN-Maoist of Vaidhya joined the bandwagon of the NC and CPN-UML speaking out against federalism and identity-based provincial names. Taking the position on not going for the federalism and identity-based provincial names, Chairman of CPN-Maoist Vaidhya had pleased the NC and CPN-UML leaders but how he would keep the ethnic-origin leaders of CPN-Maoist intact remains to be seen. The CPN-Maoist would surely become the third Bahun-Chettri party if Chairman Vaidhya were to be serious about going against the federalism and identity-based provincial names.

After two months of the dissolution of the CA and announcement of the fresh elections to a new CA, at the meeting of the three major parties such as UCPN-Maoist, NC and CPN-UML held on July 26, 2012, the UCPN-Maoist proposed setting a new date for CA elections and discussing the disputed constitutional issues afresh but the NC and CPN-UML vetoed the UCPN-Maoist’s proposal outright insisting that the parties must first agree on forming a national consensus government to discuss any other subject matters, according to the news posted on ‘thehimalayantimes.com.’ The UCPN-Maoist in turn emphasized that the parties should first resolve the unsettled issues of the new constitution and either the CA should be revived to promulgate a constitution or new date for holding polls for a new CA should be set, and the UCPN-Maoist was not for quitting the government before building a consensus on the issues of a new constitution.

Speaking at the event held to release a new book on July 27, 2012, Head of State President Dr Ram Baran Yadav said that the current trend of politics became an 'industry' instead of a service to the country and people, and also expressed his serious concern over the failure to institutionalize the achievements of the peoples' movements held repeatedly from 1951 to 2006, as the country had not been able to take the right course because of the leaders losing the right course on the way; the President said that the achievements so far made should be best utilized in the nation building process, writes ‘The Himalayan Times.’

The political polarization continued after Chairman of CPN-Maoist Vaidhya joined the bandwagon of the NC and CPN-UML to trumpet the federalism would split the country into pieces. However, these political guys did not recognize how they would be able to run the country without listening to the voices of the minority. Even the mighty Chinese Communist Party had been facing the growing defiant voices of the minority. If the ruling Chinese party were to disregard the voices of the minority groups the party would face severe consequences sooner than later. While the Chinese leaders told Chairman Vaidhya not to follow the foreign advices on federalism but they wanted Vaidhya to follow their advice on not to go for federalism. Thus, Chairman Vaidhya had revealed the true faces of the political leaders that said one thing and do another. Chairman Vaidhya had been charging the ruling political parties such as UCPN-Maoist and UDMF of allowing the foreign interferences in running the administration but he did not feel the foreign interference in following the advice of the Chinese leaders on not going for federalism.

The Head of State President Dr. Ram Baran Yadav has taken the correct position on taking decisions on the political matters following either the political consensus or the Interim Constitution of Nepal of 2007 and would not take any step that could invite controversy.

July 28, 2012