Political Confusion In Nepal

Siddhi B Ranjitkar

Current political situation has been the most confusing in Nepal to the common folks. Political leaders have stopped talking rationally. The president abusing his authority has already set the precedent of the president being above the constitution. Similarly, the Prime Minister and his government have also set the precedent of not abiding by the legislative Public Accounts Committee and doing the business not even following the rule of law. The Constituent Assembly has not been able to smoothly function to complete the writing of a new constitution. Different political leaders have different opinions on whether the Constituent Assembly would promulgate a new constitution on time or not. Clearly, regressive elements have been very active recently to turn the political clock back.

Speaking at the press conference held by the Gulmi branch of Federation of Nepalese Journalists in Tamghas on Wednesday, April 7, 2010, one of the vice-chairmen of Unified Communist Party of Nepal-Maoist (UCPN-Maoist) Dr. Babu Ram Bhattarai has said that only a national unity government under the Maoists could draft the new constitution in time and take the peace process to a logical conclusion according to the state-run newspaper ‘The Rising Nepal’ of April 8, 2010. He accused the government of Madhav Nepal of being an absolute obstacle to the peace process and the constitution-writing process, as this government is clinging to power with a simple majority even knowing only the two-third-majority votes can promulgate a new constitution.

Speaking at a press conference held by the Press Union in Nepalgunj of the Banke district on April 7, 2010, Minister for Constituent Assembly, Parliamentary and Federal Affairs and Culture Dr. Minendra Rijal has said that the current government’s major achievement is to avert the Maoists’ attempt on imposing a totalitarian state in Nepal according to the state-run newspaper ‘The Rising Nepal’ of April 8, 2010.

The leaders of the so-called democratic party called Nepali Congress (NC) have the hallucination of the Maoists capturing the power and has acted on such illusion causing the President abuse the authority directly writing a letter to the then army chief and putting democracy at risk, and emboldening the regressive elements to raise their heads again. So, the reality has been that crossing any democratic norms and values at any cost to the nation, they have grabbed the power acting on the hallucination of the Maoists capturing the power.

Briefly speaking to the reporters in Saptari on April 7, 2010, Minster for Commerce and Supplies Rajendra Mahato has said that the three major political parties have been in the business of grabbing power rather than engaging in the business of writing a new constitution; the NC and CPN-UML leaders have been in the business of keeping the current government while the UCPN-Maoist has been in toppling it at any cost according to the state-run newspaper ‘The Rising Nepal’ of April 8, 2010.

Speaking at the mass rally held to mark the people’s movement day at Tundikhel in Kathmandu on April 5, 2010, Chairman of UCPN-Maoist Prachanda has said that the evil spirits of the politicians supporting the monarchy and regressive elements have been conspiring again against the people’s movement of 2006 that has resulted into the demise of the monarchy and turning the country into a secular federal democratic republic; the only way of warding off such evil spirits is the mantra of the people’s unity. For example, former King Gyanendra Shah has said that the monarchy has gone from Nepal is only assumption; former Prime Minister Krishna Prasad Bhattarai has said that the Constituent Assembly would not be absolutely able to promulgate a new constitution on May 28, 2010; so, the only alternative is to revive the Constitution of Nepal of 1990; these are the evil spirits I mean, Prachanda has said.

Some people have been spreading the rumor of the Nepal Army is preparing to fight the Maoists, but the reality is the Nepal Army and the Maoists need to unite for safeguarding the sovereignty and the national integrity; some politicians have been dreaming to use the tool of religion for fighting against the secular Maoists, Prachanda has said.

The Madhav government has awarded the contract for printing machine-readable passports (MRPs) to Indian government-run company at US$ 4 per piece though the bidders had quoted the price of US$ 2.99 per piece for printing MRPs according to the news posted on the website nepalnews.com on April 6, 2010.

Prime Minister Madhav Nepal has crossed any possible legal hurdles not following them to award the contract for printing MRPs in India even though he is the top law enforcement officer. Thus, he has made the mockery of the rule of law in Nepal. It is not surprising that voters have rejected him in polls at two constituencies during the elections held for the Constituent Assembly. His deputy Bijya Gacchedar regrets that the government has to disregard the instructions of the PAC on printing MRPs but says that the PAC has to understand the compulsion of the government. Nepalis understand that the compulsion of the government is to make money for the Prime Minister and his deputies.

On April 6, 2010, speaking to the reporters, Chairman of Constituent Assembly (CA) Subash Nemwang has said that the country would not backtrack from republic, federalism, secularism and inclusiveness: the achievements of People’s Movement II of 2006 according to the state-run newspaper ‘The Rising Nepal’ of April 7, 2010. He also has pointed out the need for institutionalizing those achievements through the promulgation of a new constitution. He has also warned of not being possible to promulgate a new constitution even after May 28 if the leaders of political parties continue to stick on their respective stand on the political issues.

After the meeting with the president on April 5, 2010, speaking to the reporter of the local newspaper called ‘Janadisha’ in Nepali, one of the Vice-chairmen of UCPN-Maoist Naryan Kaji Shrestha ‘Prakash’ has said that at the meeting with the president his colleagues and he have told the president that the regressive elements have been active again and they might use him as a political tool as in the past. The president has said that he is aware of the situation.

Mr. Shrestha has said that they have told the president that the current political deadlock is the result of his act on reinstating the then army chief fired by the government; if he would correct his action on reinstating the army chief the current political deadlock would be broken. However, he has noted that the meeting with the ceremonial president would not make much difference in the current political scenario; only the consensus politics would break up the current political deadlock.

On April 6, 2010, speaking at a sit-in protest held at the office of the Sunsari District Administration in Inaruwa, Eastern Nepal, Chairman of Madheshi People’s Rights Forum (MPRF) Upendra Yadav has accused the current government of conspiring to hold up the constitution-making process; so, any delay in removing the current government and forming a national unity government could lead to a bigger political crisis in the country. He also has warned the current government of launching a strong protest and immediately closing Madhesh on April 8 & 9, 2010 if the government does not meet the demands made by his party.

National Human Rights Commission (NHRC) and the sub-committee formed by the Legislative Committee on Women and Children Affairs on investigating the killing of three women have proved that the Nepal Army personnel have killed the innocent and helpless three women including a twelve-year old girl at the Bardiya national park on March 10, 2010. The women have been collecting tree barks for livelihood. Prime Minister Madhav Nepal has neither fired his defense Minister Bidhya Bhadari for saying the Nepal Army personnel have killed the women at the encounter with the poachers nor has taken actions on the culprits of killing those innocent women.

One of the senior leaders of Communist Party of Nepal-Unified Marxist Leninist (CPN-UML) Bamdev Gautam has said that the promulgation of a new constitution would not be absolutely possible on May 28, 2010: the last day set for it by the Interim Constitution of Nepal of 2007. He has also said that thereafter President and Prime Minister would be automatically illegitimate following the Interim Constitution of Nepal of 2007. However, he is still optimistic of promulgating a new constitution on the deadline if the three major political parties such as UCPN-Maoist, NC and CPN-UML would work on the consensus politics.

The Legislative Committee on International Relations and Human Rights has told the government of Madhav Nepal to extend the term of UNMIN that expires on May 15, 2010. Presence of UNMIN is necessary to keep the peace process intact. However, during the last ten-month period of Prime Minister Madhav Nepal, he has not only bother to lead the peace process ahead but rather attempted to foil it speaking through his Defense Minister Bidhya Bhandari against the peace process and the UNMIN. Defense Minister Bhandari has even said that the UNMIN has been a tail of the Maoists provoking a strong opposition from the chief of the UNMIN. These guys want to directly confront with the Maoists and continue their illegitimate administration made legitimate by the unscrupulous gang of the leaders of the eighteen political parties.

Similarly, Prime Minister Madhav Nepal is not for extending the term of Office of High Commissioner for Human Rights in Nepal (OHCHR-Nepal) stating he is for strengthening the National Human Rights Commission. Mr. Nepal has clearly on his mind to let the killers of innocent Nepalis go free with impunity. For example, he has not taken any actions against the Nepal Army personnel that have killed three helpless women at the Bardiya National Park on March 10, 2010. He has been smart to promote Toran Jung Bahadur Singh indicted for enforced disappearance of 49 people in 2003/4 to the second-in-command of the Nepal Army, and has not done anything to major Niranjan Basnet wanted by the Kavre District Court for killing a minor. However, the international pressure on Mr. Nepal to extend the term of OHCHR-Nepal has been mounting.

On April 7, 2010, talking to the reporters in Tamghas of Gulmi District, one of the Vice-chairmen of UCPN-Maoist Dr. Baburam Bhattarai has said that India needs to stop encroaching on the Nepalese land and step back from the encroached Nepalese territory for flourishing the mutually cordial relationship between Nepal and India. He has also said that he is not against India but against the unequal treaties between Nepal and India.

Speaking at a function held by Madhesi Journalists' Society in Janakpur on Friday, April 9, 2010, Minister for Commerce and Supplies Rajendra Mahato has accused the current government of which he is also a minister, of being anti-Madhesh, and stressed the need for replacing it with a national unity government according to the news posted on the website of nepalnews.com. He also has said that the power hungry attitude of the three large parties such as UCPN-Maoist, NC, and CPN-UML has overshadowed the important task of timely drafting a new constitution.

On Friday, April 9, 2010, the Public Accounts Committee (PAC) has instructed the government of Madhav Nepal to strictly follow the standard official procurement procedures under the prevailing laws and Public Procurement Act for awarding the contract of printing machine-readable passports (MRPs). The PAC also has said that the government's decision on awarding the contract for printing MRPs to the Indian government–owned company disregarding the instructions of the PAC and not following the rules and regulations is quite unfortunate. The PAC also has ordered the Madhav government to hold an investigation into the tactics of the Foreign Ministry's personnel delaying in awarding the contract of printing MRPs.

Deputy Prime Minister holding the portfolio of foreign affairs Sujata Koirala has cancelled the international bids for printing MRPs on January 15, 2010, and put on hold the process of awarding a contract of printing MRPs until the last moment of the deadline of April 1, 2010 set by the International Civil Aviation Organization (ICAO) for issuing MRPs obviously for having an excuse for awarding the contract for printing of MRPs to the Indian company.

Leaders of the NC and CPN-UML have been alleging the leaders of UCPN-Maoist that they have been hindering the process of completing the writing of a new constitution; UCPN-Maoist leaders in turn have counter alleged the so-called parliamentary leaders of the NC and CPN-UML for not letting them to move the process of writing a new constitution. The NC and CPN-UML parliamentary leaders have said publicly that the Maoists have not agreed on even minor issues but the Maoist leaders have also publicly accused the parliamentary leaders of not agreeing on their proposal for working on the consensus politics on the possible issues, if not, work on the majority rule. Obviously, the parliamentary leaders have not agreed on even working on the majority rule.

Some political analysts believe that the NC and CPN-UML parliamentary leaders have been finding one excuse after another for just holding on to the power. Not agreeing on even one of the democratic principles and norms of working on the majority rule for deciding the contentious issues of a new constitution, the parliamentary leaders have obviously given the signals of only finding excuses for sticking to the power.

The NC and CPN-UML parliamentary leaders clearly know that after the promulgation of a new constitution, they have to face voters again. They also know what the current government has done during the last ten months of its reign. The government has not only increased the prices of foodstuffs fantastically but also ignored doing anything to provide the Nepalis with the basic amenities such as drinking water and power. However, this government has been smart to abuse the authority and not follow the rule of law for spending the state money on anything they want obviously for the personal benefits of each and every minister in this government including Prime Minister Madhav Nepal.

So, the candidates of these parliamentary parties would need to face the tough questions of the voters when elections for a new parliament or a legislature are held after the promulgation of a new constitution. They clearly want to avoid such a situation and continue their illegitimate reign legitimized by the gang of the leaders of the eighteen political parties.

April 10, 2010.