Nepal Becomes Federal Democratic Republic

By Siddhi B. Ranjitkar

The Maoists’ quiet revolution has made another victory over the monarchy and the feudal setup in Nepal by forcing the monarchical party Nepali Congress (NC) with a number of diehard supporters of the monarchy including incumbent Prime Minister Girija Prasad Koirala and his daughter Sujata Koirala to agree on declaring Nepal a federal democratic republic by the Interim Legislature and then endorsing it by the first session of the Constituent Assembly to be elected in mid-April 2008.  Prime Minister Koirala has two options: either to be a failed-Prime Minister going head-on collision with the Maoists or go along with the Maoists abandoning the once-so-dear monarchy that had ruled Nepal without mercy to its people about 240 years. The international community and the friendly neighboring countries welcome the 23-point agreement the seven-party alliance leaders have reached to declare Nepal a federal democratic republic and to hold constituent elections in mid April 2008.

Prime Minister Koirala was a dictatorial in nature and ran the administration in his own way disregarding the opinions of colleagues and other leaders of his party in the past. So, he had been a failed-Prime Minister for five times. Consequently, he did not serve his full term in office of all his five-time Prime Ministerial tenure.

This time, Prime Minister Koirala has been facing another strong person of dictatorial nature, Prachanda, Chairman of the Maoists. So, he has been giving in to the demands of Prachanda in order to save himself from being a failure the sixth time, from even losing the power and from causing the consequential political chaos in the country.

So, Prime Minister Koirala wisely abandoned the monarchy so dear to his party and to some of his colleagues in the party, and took the side of the Nepalese people, and went along with the Maoists rather than confronting them. Thus, he saved the country from going back to the situation of political conflict. However, the Maoists and he have to face other important demands of the ethnic Nepalese and Madheshi Nepalese for the fully proportional election for a Constituent Assembly (CA) and for an autonomous rule. It remains to be seen how the coalition government of the seven-party alliance (SPA) would meet their demands or deal with them on their demands.

Suspended-king Gyanendra has lost the case in the court of the SPA. His diehard supporters in the NC could not save him from losing his crown at the hands of the Maoists. Rastriya Prajatantra Party-Nepal the only-one-last party left to have the provision for the constitutional monarchy in its statute could not do much for saving the monarchy. He also lost his case even in the NC Mahasamiti (General Committee) when it passed the resolution of deleting the provision for the constitutional monarchy made in the NC statute despite his success in buying some of the corrupt leaders of the NC including Sujata Koirala for his cause.

It did not take a long time for Gyanendra to lose his crown. He became a dictatorial king on February 01, 2005 suspending the Constitution of Nepal of 1990 that had made the provision for the constitutional monarchy unavoidable. In a way, Gyanendra suspended his position as a constitutional monarch almost scrapping the Constitution of Nepal of 1990, and ultimately letting the SPA scrapped it after the Nepalese people’s movement in April 2006, thus, ending the constitutional monarchy.

Taking the absolute power in his hands, Gyanendra attempted to follow the political formula of his father Mahendra adopted in early 1960s without taking into consideration of the Nepalese politics and the international situation in 2005. He must have thought that the mindset of the Nepalis of 2005 were the same of those of 1960s; and must have thought that the world was as divided as in 1960 when Mahendra could play one nation against another for making his position secured. However, he found himself isolated by the international community, as there were a few dictatorial regimes that could support him against the will of the Nepalese people for the rule of law and democracy rather than his dictatorial rule.

In fact, the Shah dynasty had ended when the then-crown prince Dipendra finished off his father king Birendra, mother, sister, brother, uncles, aunts and others leaving only Gyanendra and his family alive on June 01, 2001. So, Gyanendra became the king by freak. The then Standing Committee of the Privy Council declared him the king. He did not bother to get his crown endorsed by the then House of Representatives. Thus, he disregarded the people’s representatives and the Nepalese people.

Despite the declaration of Nepal a federal democratic republic by the Interim Legislature, Gyanendra has been living in the cozy palace believing that Prime Minister Koirala with a number of diehard supporters of the crown in his party would in one way or another save him from the fall. Probably, Prime Minister Koirala must have thought that still there is time to create favorable opinions among the Nepalis about the monarchy and keep it in one form or another. So, he has not packed up his belongings and left the palace yet. He could not count on other royalist parties such as the two Rastriya Prajatantra Parties and one Nepal Janashakti Party to help him stay on the palace, as these parties have been reduced to almost no popular base. The only party that might save him is the NC but majority of its cadres and leaders have been against the monarchy and want to see its demise.

On Sunday, December 23, 2007, the SPA agreed on the common agenda of declaring Nepal a federal democratic republic nation and implementing the decision in the first meeting of the CA, and making the provision for the Prime Minister to perform the functions of the Head of State, and until then keeping the king without any functions to perform, and fired the king immediately if he attempted to disrupt the election for a CA.

On Sunday, December 23, 2007, the SPA signed the 23-point agreement. The main component of it stated that the Interim Constitution would be amended to declare Nepal a federal democratic republic and the first meeting of the CA would endorse it. The king would be without any state functions to perform; the Prime Minister would perform all the functions of the Head of State until the agreement for a republic is implemented. If the king found to be obstructing the CA poll the Interim Legislature could implement the proposal of the republic prior to the CA poll by a two-third majority. The number of CA members was increased to 601, 335 members would be elected by the fully proportional electoral system, 240 by the first-past-the-post and 26 would be nominated by the cabinet. A coordination and assistance committee comprising of the top SPA leaders would be formed for holding the CA elections, drafting a new constitution on a federal republic and democratic system and running the interim government. All the top SPA leaders would preside over the committee in rotation. [1]

On Sunday, December 23, 2007, the CPN-Maoist made a decision on rejoining the government under the pressure of other partners in the SPA after signing on the agreement prepared by the taskforce to end the more than three-month long political standoff. The CPN-Maoist quit the government on September 18, 2007 on the pretext of the government not meeting its 22-point demand that would ensure a free, fair and meaningful election for a CA; however, it led to the suspension of all the CA election process and the postponement of the election scheduled for November 22, 2007. "We are bound to join the government due to the pressure from other partners in the alliance, although we want to help from outside just joining the mechanism for operating the government,” CP Gajurel told ‘The Rising Nepal’ referring to the decision taken in the meeting. Referring to the question whether his party nominees would hold the same old portfolios, he said, "We want change in the portfolios but Nepali Congress is insisting on the same. So there is likelihood of holding the same for not entangling in such issues and delay the election.” [2]

A meeting of the council of ministers held at the Prime Minister's residence, Baluwatar on Monday morning, December 24, 2007 approved the 23-point agreement signed by the SPA leaders. Ministers emerging from the cabinet meeting told the reporters that the government would present the Bill on the third amendment to the Interim Constitution to the Interim Legislature today. Minister for Law Narendra Nemwang would withdraw the Bill on an amendment to the interim constitution presented to the Interim Legislature last week. [3]

On December 23, 2007, the SPA agreed to declare Nepal a “federal democratic republic state” signing on a deal called “a 23-point political package”. Following the deal, the government would also form six commissions such as Commission on Investigation into Cases of Disappearances, Truth and Reconciliation Commission, Commission on Restructuring the State, Study and Recommendation Commission on Scientific Land Reforms, Commission on Monitoring implementation of Peace Accord and Other Agreements, and High-Level Peace Commission within a month of signing this agreement. [4]

On Monday, December 24, 2007, following the Sunday's seven-party agreement, the parliament has expedited the interim-constitution-amendment process. The parliament sat thrice today and started discussion on the amendment proposals submitted by the government. Minister for Law, Justice and Parliamentary Affairs Narendra Bikram Nemwang withdrew the third amendment bill on the interim constitution submitted by the government on December 16, 2007 in the first meeting sat at 12.50 P.M. Then, at the second meeting started at 2 P.M., Minister Nemwang presented another bill on amendment to the interim constitution. The proposal to amend the article 159 has stated, "Nepal will be a federal democratic republic state. It will be implemented by the first meeting of the Constituent Assembly (CA). If the king creates serious obstruction on holding the CA poll, the parliament may announce the country a republic prior to the poll. Nepal government may present such a proposal after a cabinet decision.” Seeking an amendment to the electoral system in the article 63, the number of CA members increased from 240 to 335 to be elected by the proportional system; also increased the number of CA members to be nominated by the cabinet decision from 17 to 26. The nominees will be from among the ethnic and indigenous groups not represented in the first-past-the-post system and the proportional system. During the third meeting started at 5:35 P.M., the legislators spoke on the principal aspect of the amendment proposal. Some of them pointed out serious mistakes and lapses in the amendment proposal. [5]

Presenting the 23-point-SPA agreement at the Interim Legislature, Home Minister Krishna Prasad Sitaula said, "The country has now embraced the federal democratic republican structure.” He called on all the agitating groups including those in Terai to talks and support the new constitution-making process. Bharat Mohan Adhikari of CPN-UML said that the country has been transformed into a republic with the latest decision of the seven parties. He urged the seven parties and the government to implement the agreements honestly. "With the new agreement, the CA polls have been ensured,” he said. Prakash Sharan Mahat of the NC said that there must not be any pretext from any side to postpone and obstruct the CA poll again. He also requested to implement the agreement honestly. Dev Gurung of the CPN-Maoist expressing commitment of his party to implementing the SPA deal said, "We have gone a step forward toward abolishing the monarchy.” [6]

Leaders of Madheshi and ethnic groups expressed their dismay at the 23-point deal signed by the leaders of the seven parties saying that it fell short of their expectations. Vice-president of Madheshi Janadhikar Forum-Gupta (MJF-Gupta), Kishore Bishwas told the Kantipur FM on Wednesday morning, December 26, 2007 that the deal was nothing but a ‘sham.’ “We had raised three simple demands such as declare Nepal a republic, adopt a full proportional representation system for the CA elections, and go for federal autonomy with right to self-determination. That would have created an environment conducive to the Constituent Assembly elections,” Bishwas said. President of National Federation of Indigenous Nationalities (NFIN), Pasang Sherpa, too, said that the Janajatis’ demands for a full proportional representation system and the ethnic autonomy were not addressed by the accord. “There is nothing in the accord to be encouraged,” he said. [7]

Madheshi leaders have dismissed the agreement reached among the leaders of the SPA that paves the way for a new political and a electoral system as "nothing but a power-sharing deal", unlikely to address the problems of the Madheshi community. Determined to push ahead with their protest program for greater economic and political autonomy for the Madheshi community, the Madheshi leaders termed the SPA agreement a ploy to prolong the government's tenure. "The agreement is not only incomplete but also vague in itself," said Kishore Kumar Bishwas, Vice-president of the MPRF dissident faction. The MPRF faction led by Upendra Yadav also accused the SPA of ignoring the concerns of the Madheshis, Janajatis and Dalits while working out the agreement. "Key demands of these groups such as a fully proportional electoral system and an autonomous Madhesh state with the right to self-determination under a federal structure have been completely ignored," said B P Yadav, the group's general secretary. [8]

Dissident Madheshi groups have termed the Sunday’s SPA agreement as a ploy to prolong the government's tenure and said that they would go ahead with their pre-scheduled protests. Two factions of the Madheshi People's Rights Forum (MPRF) and the Rajendra Mahato-led Sadbhavana Party believed that the SPA agreement to increase the number of CA seats to be filled by the proportional system and the provision for a federal republican state would not address the problems of the Madheshi Nepalese people. "The agreement is not only incomplete but also vague in itself," said Kishore Kumar Bishwas, Vice-president of the MPRF dissident faction. "A meaningful CA poll is impossible if the 240 geographical constituencies are left in place and federal autonomous states with the right to self-determination are not guaranteed by the new amendment." The Upendra Yadav faction of the MPRF also accused the SPA of ignoring the concerns raised by Madheshis, Janajatis and Dalits while working out the agreement. "Key demands of these groups such as a fully proportional electoral system and an autonomous Madhesh state with the right to self-determination under a federal structure are completely ignored," B P Yadav, the group's general secretary said. "Turning a blind eye to the need for addressing the armed groups operating in the Madhesh cannot ensure polls." He said that the agreement was nothing but a power-sharing deal. Sadbhavana Party Chairman Rajendra Mahato termed the agreement a ploy to extend the tenure of the current government. "Even though the parties have agreed to hold polls by mid-April, the government has not done anything toward creating a favorable atmosphere," Mahato said. "How can the government hold polls in the Terai while remaining silent on the issue of armed groups?" Mahato questioned.

President of Nepal Federation of Indigenous Nationalities (NEFIN) Pasang Sherpa said that the federation extends conditional support for the agreement, as it is helpful for resolving the ongoing political stalemate. "We have taken this in a positive light as it has helped to find a political outlet," he said. "We are also equally angry about the agreement failing to address the issues pertaining to indigenous nationalities."[9]

Leaders of some other political parties such as Rastriya Prajatantra Party (RPP) and Nepal Janashakti Party (NJP) expressed discontent with the discriminatory behavior of the seven parties to them. They also expressed discontent with the increase of the number of the CA members. Surya Bahadur Thapa of NJP expressed dissatisfaction at the SPA decision on expanding the size of the CA and said, "It is shameful.” Pashupati Sumsher Rana of RPP said, "Making such a jumbo CA is ridiculous.” Amod Prasad Upadhyay of Nepali Congress urged the seven parties, especially the three major parties to be one to crush all the obstructions to the CA polls. "We need to rise above the party interest as it is the issue of making the people sovereign; the CA elections are not for making a government.” Though the size of the CA will be huge, it will be able to encompass all the underprivileged groups, he said. [10]

On December 24, 2007, the spokesperson for the Ministry of External Affairs of India has said that the decision among the seven political parties to hold the Constituent Assembly (CA) elections by mid-April 2008 is an encouraging development in the right direction, a press statement of the Indian Embassy in Kathmandu said. The statement was made in response to the media queries about the 23-point agreement signed by the parties. The spokesperson also has said that the exercise of the people's right to elect a Constituent Assembly in a free, fair, and fearless manner is the best way to enable the people of Nepal to choose their own future. He expressed the hope that all concerned will work toward meeting the new deadline for CA elections. The spokesperson also reiterated India's readiness, as ever, to assist in all possible ways Nepal's transition to a democratic, stable, peaceful and prosperous state. [11]

On Monday, December 24, 2007, India welcomed the agreement reached in Nepal to hold Constituent Assembly elections by April next year as an “encouraging development in the right direction” and hoped the deadline will be met. Reacting to the 23-point agreement the SPA reached, New Delhi said it stands ready to assist in “every possible way” the neighboring country in its transition to a “democratic, stable, peaceful and prosperous state.” “This is an encouraging development in the right direction,” External Affairs Ministry spokesman Navtej Sarna said. He said the exercise of people’s right to elect the Constituent Assembly in a “free, fair and fearless manner is the best way to enable the people to choose their own future.” “We hope that all concerned will work toward meeting the new deadline for the Constituent Assembly elections,” Mr. Sarna said. [12]

On December 26, 2007, in a press statement, Chinese Foreign Ministry Spokesman Qin Gang praised the progress in the peace process Nepal has made. The spokesperson said that China welcomes the positive progress made by the political parties reaching the 23-point agreement. "As a good neighbor and a friend of Nepal, China sincerely hopes that Nepal could continue to push forward the peace process and achieve political stability and economic development, which not only serves the fundamental interests of Nepal, but will contribute to the peace and development in the region as well”, the statement said. "China pursues the non-interference policy toward other countries, respects the social systems and the developing paths chosen by the Nepalese people,” it added. [13]

On December 27, 2007, issuing a statement the United Nations welcomed the 23-point agreement the SPA has reached. UN Secretary-General Ban Ki-moon said that he is pleased to learn the SPA has reached an agreement on key issues of the peace process, paving the way for Constituent Assembly (CA) elections to be held by April 2008. In addition, he welcomed the decision of the CPN-Maoist on rejoining the Interim Government. Secretary-General Ban Ki-moon has urged all parties to swiftly move ahead to implement the agreement reached and lay the grounds for peaceful, inclusive, and credible CA elections. The Secretary-General and the United Nations Mission in Nepal (UNMIN) are ready to extend all necessary assistance to this end in Nepal, the statement said. [14]

“The parliament today will declare Nepal a republic but the king will remain until the amendment is activated through the first meeting of the CA," Home Minister Krishna Prasad Sitaula told the media before the House passed the amendment with a thumping majority on December 28, 2007. “The government will provide the king with the present facilities until the declaration is made effective," he added. Stating that there was the provision of CA's power to decide the fate of monarchy until now, he said, “Today's amendment has not allowed the CA to restore the monarchy, it means it is the end of monarchy." “The campaign to abolish the monarchy had started since the time of the restoration of the House of Representatives last year, when we removed the symbol of the monarchy including the scepter and the crown from the parliament. The work to oust the monarchy has been proceeding in a gradual manner, which might as well be termed as “an evolutionary process", which will be completed after the first meeting of CA," Sitaula said. The Interim Legislature passed the amendment bill by 270 members voting for it out of 273 members present in the parliament. Pashupati Sumsher Rana and Krishna Pratap Malla of Rastriya Prajatantra Party (RPP) and Pari Thapa of CPN-United voted against it. Surya Bahadur Thapa and another member of his Rastriya Janashakti Party boycotted the vote. [15]

On December 29, 2007, referring to the Friday’s historic decision of the interim parliament, Maoist Chairman Prachanda said that a new ear has begun with the ‘legitimate end of the monarchy’, now a new era has dawned with the end of the monarchy. The interim parliament endorsed a bill seeking the third amendment to the Interim Constitution declaring Nepal ‘a federal democratic republic’ that, the first sitting of the elected Constituent Assembly should stamped it. [16]

The international community and the neighboring friendly countries have accepted the declaration of Nepal a federal democratic republic. They also committed to help Nepalese people in institutionalizing democracy and strengthening the federal democratic setup in Nepal. Nepalis are now on the path of no-regression; none could stop them from moving forward. So, it is time for Gyanendra to pack up his things and leave the palace before Nepalese people discharge him from the palace.

Footnotes:

[1] The Rising Nepal, December 24, 2007, “Federal republic agreed”

[2] The Rising Nepal, December 24, 2007, “CPN-Maoist decides to rejoin govt”

[3] NewsVOA.com, December 24, 2007, “Nepal's Former Maoist Rebels Agree to Rejoin Government”; Nepalnews.com ia Dec 24 07 “Cabinet approves seven-party agreement”

[4] The Himalayan Times December 24, 2007, “SPA agrees to declare country a federal democratic republic”

[5] The Rising Nepal, December 25, 2007, “Parliament expedites interim statute amendment process”

[6] The Rising Nepal, December 25, 2007, “Parliament expedites interim statute amendment process”

[7] Nepalnews.com sd Dec 26 07, “Bishwas trashes seven-party agreement; Sherpa says Janajatis are not encouraged”

[8] The Hindu, December 25, 2007, “Nepal's Terai leaders flay SPA pact”

[9] Ekantipur.com, December 25, 2007, Kantipur Report “Janajati support conditional; Madheshis oppose accord”

[10] The Rising Nepal, December 25, 2007, “Parliament expedites interim statute amendment process”

[11] The Rising Nepal, December 25, 2007, “India welcomes SPA agreement to hold polls”

[12] The Hindu, December 25, 2007, “India hails Nepal accord”

[13] The Rising Nepal, December 27, 2007, “China hails progress to peace”

[14] The Rising Nepal, December 28, 2007, “UN hails 23-pt agreement”

[15] The Rising Nepal, December 29, 2007 “Nepal declared republican state”

[16] Ekantipur.com, December 29, 2007, Kantipur Report, “Monarchy has been formally abolished: Prachanda”