July 21, 2006

At a time when the country’s prime minister is sick in bed, Speaker of  the House of Representatives is confused and overwhelming majority of Nepalese are busy in farming, a small group of people are, however, busy to prepare a draft of interim constitution to pave the way for, interim parliament and interim government. Usual democratic process of power sharing is to go to the people and have their mandate through free and fair elections but hardly anybody is bothered to assume the power through the elections. Although it is not a legitimate manner of sharing the power, everybody wants power through nominations

By KESHAB POUDEL

Prime minister Girija Prasad Koirala, who has been sick in bed for quite a long time - has revealed that he does not know anything about the agreement signed between his party leaders and Maoists regarding the dissolution of House of Representatives and formation of alternative parliament. Revealing the stark reality of Nepalese politics, all powerful speaker of HoR Subas Nemwang - who is also a senior leader of the CPN-UML – has expressed his helplessness to overcome the political problems.

House of Representatives : Clouds of Uncertanity

Not only prime minister Koirala and speaker Nemwang, an overwhelming majority of people - who live in rural parts of the country engaged in subsistence based agriculture- do not know what kind of constitution will be imposed upon them by mysterious and dramatic political development.

In this uncertain and bizarre situation, a small faction of urban based members of civil society, however, are busy to write an interim constitution to turn the country’s permanent and legitimate state’s institutions into interim. At a time when country’s main players including prime minister and speaker are helpless, nobody knows from where and how the interim constitution drafting committee will get the legitimacy and much-needed guidance.

Prime Minister “Unknown”

Although prime minister Koirala, who was instrumental to sign 12-points and 8-points agreements with the Maoists, is still politically active, his roles seem to have been confined now as he lies sick in his bed.

“I was not informed regarding the agreement signed between my party leaders and Maoists on how to formulate the new interim parliament,” said prime minister Koirala to Speaker of HoR Nemwang who met prime minister on 16 July in Prime Minister’s residence.

From including new members in interim constitution drafting committee to dissolving the present HoR and forming new interim parliament and interim government, all the issues are coming one after another through a meeting of handful of people in a dark room.  There are more unseen factors in this drama than the seen players.

Prachanda (left) and Dr. Bhattarai : Rapid political development

“The whole drama of interim constitution, after that the interim parliament and interim government is a fraud with the power of the people. These propositions were not there during the uprising of the people. During the agitation, people demanded one thing that is elections for the Constituent Assembly through reactivation of present constitution. For this demand, some people risked their life and everything. Once the uprising subsided, common people returned to their own profession. The intermediary class of political activists and vocal opinion leaders, however, are coming out with their fraudulent proposals. Interim for everything is the figment of their imagination devoid of any popular support,” said a political analyst. “In fact, their proposals lack the consensus support in their own group.”

Changing Stands

The CPN-UML leader Madhav Kumar Nepal is changing his words hour by hour. Nepal , who was diehard opponent of dissolution of present HoR - is now defending the idea to form the interim parliament. “This HoR should be dissolved as it is obstructing the peace process,” said Nepal . His comrade and vice premier K.P. Sharma Oli is defending the HoR. “The HoR must be retained till the holding the elections of Constituent Assembly. The HoR is not creating any obstruction to the elections of Constituent Assembly.”

After an agreement between the top leaders of CPN-UML and Nepali Congress and CPN-Maoists in Godavari on July 14, Nepalese politics has entered into a new phase of power sharing.

“Our meeting was successful to overcome the difference among us regarding the

PM Koirala : Difficult phase

interim parliament and interim government,” said Prachanda, chairman of CPN- Maoists. “The constitution drafting committee will present its draft in schedule. After the announcement of interim constitution, everything will be settled.”

In the process of new political development, surprisingly politicians like Sushil Koirala, Ram Chandra Poudel and Chakra Prasad Bastola, who were opponents of eight point agreements and dissolution of HoR, are now supporting the idea to form interim parliament. “This HoR does not have any utility now and it should be removed by forming interim parliament,” said Poudel.  “The interim constitution will decide everything.”

There are agreements on several questions on the issues related to power sharing through nominations but the elections are nobody’s agenda. Several rounds of talks have already been held between the leaders of seven parties and Maoists but nobody has expressed their commitment to hold early elections by which they can share the power legitimately. Seven party alliances made the constitution defunct through the proclamation of HoR and the Maoists made defunct the all proclamation of HoR through eight points and recent new agreements.

“Usually, democratic process is to go to the people and have a mandate by free and fair elections. That way the supremacy of the people is reflected in the power and it gets the legitimacy too. Silent majority were expecting that the leaders, who had led them into a furious uprising against the state which was arbitrary or despotic rule of the King by their pronouncement and devoid of any constitutional sanctions, should not be arbitrary and despotic themselves. The King surrendered to the will of the people which was expressed through massive demonstrations. Though the King had army at his command –which was capable of resisting the terrorist actions and providing better sense of security compared to many such states having internal conflicts and civil wars - his political decision was wise and appropriate,” said the analyst. “The Royal regime was defeated not in the military front but in the democratic front which is one of the weakest side of popular institution of monarchy. That event was expected to bring a lasting peace, harmony and reconciliation between the monarchy and popular forces.”

Nepal : Lack of solid stance

The popularized demands of the agitation was the restoration of HoR that was considered as a goal in which the real representatives of the people would assume the role in the power though they had an elected mandate years back.

“Nobody had any indication from any political party that they will abruptly reach into a decision to dissolve the HoR and destroy the constitution by a group of nominated draftsmen of the interim constitution. Mystiques have prevailed over the political process where none of the internal forces know how and for what they have to lead the people,” said the analyst.

Speaker’s Bombshell

After Speaker of HoR Nemwang’s bombshell that prime minister Koirala expressed his surprise over the so called agreement which was supposed to do away with this reinstated HoR, the situation has turned a new course. Parties have again started their dark room maneuvering to show that the decision was taken after the consultation with all.

“It is completely unbelievable situation that the most powerful persons in this government, the prime minister and the speaker, are unaware about major political developments. One is alarmed by the horrible situation of the governance,” said the analyst. “All these designs serve the interest of extraneous elements instead of the country and people.”

However Home minister Sitauala refuted the comments made by speaker of HoR Nemwang. “Every decision is taken after consultations with prime minister Girija Prasad Koirala. I don’t know what speaker is referring to as dissolution of present HoR is one of points of eight point agreement,” said Sitaula, in an attempt to control the damage..

Interim Constitution

Or Mock Rehearsal

From chairman of constitutional drafting committee to members of civil society, every one is championing the cause of rights of the people. In real terms, no one has pressed for the elections through which people get chance to exercise their sovereign rights. “Mandate of People’s Movement II was not to continue this dead house,” said civil society member Krishna Pahadi. “We will launch nationwide agitation to press the dissolution of HoR.”

Although the present version of democracy, the Loktantra, has declared the people real sovereign, it seems that they don’t have any role in the near future to express their verdict through Constituent Assembly, which is being pushed further and further to distance.

The members of the committee of interim constitution drafting are nominated on the wishes of handful of leaders. They are neither accountable to anybody nor have any legitimacy to prove. “We are accountable to the mandate of People’s Movement II. No one can challenge our legitimacy,” said Laxman Prasad Aryal, chairman of the Interim Constitution Drafting Committee.

There is no basis and criteria in choosing the members of the committee. “A mock rehearsal is being staged in the name of interim constitution. Initial agreement brought six members drafting committee persons' loyalty to their respective political groups with an original mandate to prepare a draft within 15 days. Within a month of its formation, its number has been increased more than twice by adding another nine members. One from oppressed class is yet to be nominated. In the meantime, other ethnic groups like Tharus also have come to the street demanding their own representation in the drafting committee. These draftsmen have not been elected either from general public or from their own political committees. Some top leaders recommended their names in a manner of quota system. Interestingly, the UML realized latter on that the president of Nepal Bar Association Sambhu Thapa was not toeing the party line so it included another person in the committee on its behalf,” added the analyst.

According to the political analyst, for a large number of people, the fast unfolding events are surprising. “Game-plan experts on global as well as regional level may easily come out with their conclusion about this situation but it is not easy for common people to comprehend the whole drama. Anyway, the vast majority of people are already busy toiling in their fields in this monsoon season. A large percent of population is engaged in subsistence efforts in their land. Among the rest of the population, less than one percent of the people have any opportunity to play a vocal role in political matters. Even among them, only one percent of that one percent can afford to play the role of activist to the extent of self-proclaimed civil society members,” said analyst.

Strange Situation

From formation of the Interim Constitution Drafting Committee to new political decisions, accountability and legitimacy have been largely ignored. For western countries, every new step of political development in Nepal is just confusing. A deputy prime minister who opposed his own government in the parliament – is still with the government. “We want to establish new kind of parliamentary practice in Nepal by opposing the government supported by our party,” said deputy prime minister Amik Sherchan.

The total scenario of this country may give the very pessimistic impression about the current situation. Friends of Nepal who have been pouring their tax payers’ money liberally and abundantly may feel dismayed.

Day by day, Nepal ’s development is being closely watched in international area. From a large number of immigrant Nepalese to foreigners, there are watchful eyes on Nepal . “These kind of global concerns were not seen at any previous difficult time of the country. That is one of the greatest assets as a reservoir of international goodwill to Nepal ’s independence and rights of the Nepalis people. But the political vitality of Nepal as a nation is still there in the heart beat of the common people. Keeping aside all the vocal leaders and activists if one touches the spirit and wisdom of common man in Nepal , one can sense the common sense politics the village communities are following,” said the analyst.

Democratic Experiments

Nepalese have shown that they know how to choose their own representatives. Whenever they were given a chance to choose the programs and representatives through ballots, they have all the time proved that they can come out with their best of the choices.

In the first democratic exercise in 1958, they elected most imaginative and dedicated leader like B.P. Koirala with two third majority in the parliament. Keeping aside the people and plural opinions, the King came out with his alternative model of Panchayat system, which ultimately at the moment of crisis failed to defend him, too.

After the great change in 1990, the people again through their franchise brought the same party with workable majority but due to collision of conflicting interests beyond the level of the common people created one crisis after another for which the lack of leadership like B.P. Koirala was to blame. Now the situation has again come where the nation has to be united with all political freedom under an enlightened and committed leadership. That seems like a wishful thinking without involving the common people in political process. And that is not possible till they are free to cast their ballots in a free and fair franchise and choose a program and representative of their liking.

“Ultimately, there are several contradictions under which Nepal is suffering from. There is one contradiction between regional powers to secure safe in Nepal . There are contradictions between traditional, modern and extremist forces – one under the ethos of monarchy and other under ethos of radical forces. There are contradictions between majority of rural population engaged in their own traditional occupation and life style and other urbanized and cosmopolitan in their expressions,” said the analyst.

Nepal needs compromises and accommodation between contradictory forces to live in harmony, peace and prosperity. The safest and shortest route is to go to people and give them ballots to use in free and fearless environment. Quite a tall order for those who have been enjoying power through nomination.