CA ELECTIONS
Polls In Doubt
Once again, the people of Nepal face uncertainty whether they will be able to exercise their democratic rights to cast vote and have elected and accountable regime in place. With the announcement by the Elections Commission (EC) that it is not able to hold the CA elections on time - due to absence of necessary political and security preconditions – the much-awaited polls have now come under serious doubts. As eight parties scramble trading blames and slinging mud at each other, the issue of having credible elections have come under shadow. Instead of discussing the fresh date for the polls, the parties are engaged in pushing for newer proposals further prolonging the transitional phase. While the Maoists push for outright declaration of republic and the UML call for referendum, the issue of whether or not CA elections will ever be held has come to the fore. As these parties try to shift the goal posts in the middle of the game, the country looks certain to face further uncertainty
By SANJAYA DHAKAL
Since then Prime Minister Sher Bahadur Deuba dissolved the House of Representatives in May 22, 2002, people of Nepal have not had elected government in place.
In fact, since then the people of Nepal have been denied their basic right to vote, time and again. In the absence of elected regime, the instability of the country turned from bad to worse leading to last year's Jana Andolan II whose singular demand was to hold the elections for the Constituent Assembly (CA).
After the restoration of democracy in 1990, Nepali people had actively participated in three general elections and two local elections. They were making smart choices in the electoral politics sending majority government in the first polls; not giving majority to any one party in the mid-term polls; and again giving one party majority in the third polls.
However, in May 2002, the Deuba government abruptly dissolved the elected parliament and announced snap polls in order to settle internal political wrangling. Due to the situation of insecurity, the snap poll could not be held and the King snatched power for himself on October 4, 2002.
The King also could not deliver his promise of holding credible elections. Because of widespread boycott by the parties, his municipal polls of February 2006 turned into a farce.
With elections being postponed, cancelled or botched for over half a decade, the people faced unaccountable regimes and unelected persons in office. This triggered a series of instability and disorder along with deterioration of security conditions and exacerbation of conflict.
As such, not only the people of Nepal but also the eyes of international community was focused on the holding of credible CA elections to usher in a new phase in the country where the elected representatives would write a new constitution for the country and restore electoral democracy.
However, the slack preparation and inordinate delays in formulation of necessary electoral legislations; absence of required security conditions; and eruption of demands by the people of Madhes and ethnic communities led to a situation whereupon the EC was left alone holding the hot potato.
Despite its repeated call to the parties to complete the prerequisites, the EC got nothing in return except the rhetorical statements by the Prime Minister and other party leaders that the polls must be held on constitutionally stipulated time of mid June.
And then there was the bombshell. On April 13, the Chief Election Commissioner (CEC) summoned a press meet where he announced the EC's inability to hold the polls on time.
EC's Statement:
Having failed to convince the political leadership to move rapidly towards completing the formulation of legislations, clarification of several political and security issues, the EC sent a letter to the government on April 12 stating that it is technically impossible to hold the Constituent Assembly (CA) elections within the constitutionally mandated timeframe of mid-June.
The EC's letter read: "It normally takes EC 110 days to prepare for the elections once all legal systems (for the elections) are in place. Therefore, the Commission requests the Government of Nepal to soon announce date for the elections that will be appropriate for voters, candidates, political parties, election staffs and observers."
At the press meet, CEC Pokharel said that going for elections without addressing outstanding political issues related with election system and before stabilizing security situation could further complicate the whole process.
The EC also made it clear that for the elections to take place within mid-June, the offices of election officers must be set up within third week of April. However, since the tasks like updating voters' list and registering political parties cannot be completed before mid-May, it was impossible to set up election offices in the stipulated time.
The Commission informed that after the completion of enactment of all necessary electoral legislations, the Commission needs to formulate various rules and guidelines; produce materials for voters' education; train election staffs; formulate code of conduct; and procure, manage and deliver over 50 different items that will be required at the polling centers.
Date Debacle Fallout
Even though no sane person was 'surprised' by the EC's announcement of the obvious – that preparations were incomplete and inadequate to ensure timely polls – the leaders of the parties started acting strange after the letter bomb.
Except for Nepali Congress (Democratic) president Sher Bahadur Deuba, no top leader took the EC's decision in a normal manner.
"The basis for the unity of eight parties was the Constituent Assembly elections. Once that election is in doubt, that basis is no more," thundered Maoist chairman Prachanda reacting to the EC's statement.
Some Maoist MPs even questioned the honesty of EC for stating its inability to hold the polls "at a time when the interim constitution states that it must be held by mid-June." They said they smelt conspiracy in this.
The UML standing committee concluded that the Prime Minister was to blame for the situation whereas the PM himself has kept mum over the issue.
Deuba, on the other hand, welcomed the EC's decision. "Nothing will happen if the election is postponed with the consent of eight parties," he said. It is interesting to recall how Deuba was dismissed by King Gyanendra on October 4, 2002 when he had submitted the decision of all parties to postpone the parliamentary elections then.
Different Positions
After the mud hit the fan, the eight party leaders were unable even to sit together. The crucial eight party meeting scheduled for Sunday (April 15) was put off.
With the CA polls in doubt now, different parties have started advancing different viewpoints and positions.
The UML has proposed holding referendum to decide on fate of monarchy. The UML is trying to emphasize the importance of its position – on referendum – which it had also advanced during the November 8 agreement between Maoists and seven party alliance. It had written down notes of dissent on this issue in the pact.
The Nepali Congress has reacted that the decision of the eight party leaders and subsequent approval by the cabinet of the second amendment of interim constitution whereby two-third majority of parliament can abolish monarchy if the latter is found conspiring to derail the polls should be implemented.
"Nepali Congress feels that this is appropriate. We have already agreed for this. That way we can hold the CA elections in more appropriate time," NC leader Shekhar Koirala told media. He hinted that new date of CA polls can be fixed for the period after Dashain/Tihar festivals and before winter sets in.
The Maoists who have been most aggressive in their reactions to the EC announcement seem to be working in a clear strategy to gain maximum political mileage from this debacle. Prachanda has vigorously demanded that the parliament declare the republic immediately.
He has said that new unity among eight parties can only be formed if the parliament declares republic now. Prachanda said that break down of unity among eight parties at this juncture could only embolden the regressive forces. "Therefore, in order to create a new foundation of unity and to take the unity to newer heights, the parliament must declare republic," he said.
Prachanda has even said that if republic is declared now, "We can have the CA elections in Mangsir (October/November) or even in Baisakh (April/May) next year."
The recently concluded central committee meeting of the Maoists also decided to launch struggle from the government, parliament and streets to press for announcement of republic. The party has also decided to strengthen its organization, expand base in Madhes and go for republic through parliament.
In an apparent muscle-flexing, the People's Liberation Army (PLA) personnel of Maoists deserted their camps in Jutpani, Chitwan and demonstrated demanding immediate announcement of republic and condemning doubts over CA
"It seems that deep inside the Maoists also do not want the CA elections. If republic is announced, they will have removed their biggest obstacle after which they can train their gaze on other forces. Otherwise, instead of initiating serious discussions about announcing fresh date for CA polls, why are they raking up other issues," asked a political analyst.
Perhaps because he knows about the Maoist intention, Prime Minister Girija Prasad Koirala has asked the Maoists to first take other parties into their confidence before others can go along with their demands.
Koirala said that whether or not to declare republic from the parliament will depend on the Maoist attitude.
As the dust gradually begins to settle, the eight party leaders will have a hefty problem in their hand. Since they had repeatedly committed to holding CA polls on time till the EC's announcement, people will be clamoring for answers. Why they dilly-dallied with the election preparations? Didn't they know what was coming? Will the CA polls now be held ever? If yes, when? These questions, if not answered soon, will help to increase frustration among the general public.
Parties have already committed one blunder by not being able to hold the CA polls on time. This has already caused the transitional phase to prolong. Now, they should not commit another blunder by engaging in mud-slinging and pushing the real issues beneath the carpet.
As the CA election is certain to be postponed, the parties must use the extra time to address Terai and ethnic issues, create proper political and security environment and organize massive voters' education campaign. If they do so, then the postponement of the polls will have served a better purpose. Otherwise, only instability will prolong and people of Nepal will be denied their basic right to choose their leaders.
CARTER CENTER ON POLLS
Unaddressed Challenges
An independent US-based election monitoring organization lists numerous challenges facing credible elections in the country
By A CORRESPONDENT
In the wake of EC's announcement of its inability to hold the elections on time, the Carter Center – an Atlanta-based institute – has also brought forward a list of challenges facing the holding of credible elections at this juncture.
"Following the Election Commission of Nepal's April 13 announcement indicating that a June constituent assembly election is not technically feasible, it is now up to Nepali political leaders to focus their efforts on putting the proper conditions in place for the conduct of a sound electoral process in a realistic timeframe," states a press release by the Center.
The Center has stated that while delay beyond June generates understandable uncertainty, a flawed electoral process could also undermine the peace process. "The election commission has undertaken electoral preparations despite difficult circumstances, including the lack of an electoral legal framework from the government from which to operate. Additionally, the poor law and order situation limits freedom of movement for election and government officials, political parties, and Nepali citizens."
"The Carter Center therefore supports political efforts to create an environment that is conducive to conduct an electoral process, to include the voices of Nepal's diverse communities, and to deliver constituent assembly election results that enjoy credibility in the eyes of the Nepali people."
The Center has also listed seven major challenges based on its observations. The key points of these challenges have been listed as follows:
A. Improve security environment: Carter Center observers report unacceptable levels of continued fear, intimidation and physical violence. The poor law and order situation should be addressed in order to ensure a credible electoral process.
B. Allow democratic space: All political parties regardless of their ideology should be allowed to move and campaign freely in Nepal. Violations of this principle should be condemned publicly by all stakeholders when they occur.
C. Adopt critical electoral legislation: At present, the constituent assembly election law and other key legislation and decisions remain outstanding. As a matter of urgent priority, the interim government must adopt the legal framework that will provide the necessary base for the election commission and other participants to conduct the elections.
D. Widen political inclusion: The constituent assembly election is unlike an ordinary parliamentary election and in order for the results to be accepted broadly, extra care should be taken to include the perspectives and participation of previously underrepresented groups.
E. Launch voter awareness campaign: There is a widespread lack of awareness among the Nepali people about the purpose and meaning of the constituent assembly election. A national voter awareness campaign is necessary to address this gap.
F. Ensure a credible voter register: Seized voter lists, civil unrest in the Terai, migrant voter issues, problems related to the citizenship process and the lack of a publicly displayed preliminary voter's list threaten to undermine credibility of the voter register. Wherever feasible, measures must be undertaken to accommodate these concerns or minimize their ultimate impact.
G. Prioritize transparency in the electoral system: A proposal to allow parties to shift the order of candidate names on party lists after the elections would remove transparency for voters and could give political party elites disproportionate control over their candidate lists. The consequences of this and alternative approaches should be debated thoroughly before passage of the electoral law.
The Carter Center was formally invited by the government of Nepal to observe the constituent assembly election process. The Center has deployed long-term observers representing eight different nationalities throughout the country; these observers have visited 50 of Nepal's 75 districts. The goal of the Center's mission is to demonstrate international support for Nepal's peace process and provide an independent assessment of the conduct of the constituent assembly elections, states the release. `
