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INTERIM PARLIAMENT

 
Rebels In The Gallery

The Maoists return to the parliamentary fold after one full decade leaving behind a legacy of violence

By SANJAYA DHAKAL

The faces of red brigade of newly nominated MPs of the Maoists revealed the mixture of fascination and pride when they entered the gallery hall of what they prefer to call as Interim Legislature.

MPs in front of parliament: Donning new caps
MPs in front of parliament: Donning new caps

After it promulgated the interim constitution in the face of numerous amendment proposals, the Speaker of the House of Representatives Subas Nemwang announced its dissolution. It was immediately replaced by the interim parliament including Maoist representatives.

The House of Representatives had been restored after King Gyanendra relinquished power on April 24, 2006 .

Speaker Nemwang said that in the last nine months, the House sat for discussions for 263 days passing landmark declarations and acts including the May 18 Declaration that formally clipped the authority of the King and declared parliament as supreme and sovereign body. Likewise, Nemwang recalled the House decision to go for Constituent Assembly elections; the passage of Citizenship Bill and its declaration to end all forms of discrimination. He said the House had performed its duty well and was now happy to pass the torch to the interim parliament.

Addressing the interim parliament on behalf of his party Krishna Bahadur Mahara, the leader of Maoist parliamentary team, declared that Nepal was well on its path to become a republic.

Stating that the interim parliament was one of their achievements, Mahara said his party now wants to work together with other parties in the parliament towards building a new Nepal .

Mahara is not a stranger to the parliament. He was an MP representing Rolpa district in the first elected House of Representatives before his party decided to go underground and launch a violent insurgency.

Mahara led a team of 83 Maoist MPs towards the gallery hall. Most of the MPs seemed young and novice to the parliamentary system. But all of them expressed their aim of working to bring in radical changes in the state structure in favor of people. They all said that the interim parliament was a limited gain of their decade-long struggle.

The first meeting of the interim parliament was chaired by senior most MP Bal Bahadur Rai. All the MPs were sworn in by Rai. The first session of the interim parliament ended at midnight of January 15. It will reconvene on Wednesday.

MPs Criticize Interim Statute

Earlier, on Monday afternoon, in its last session, the MPs of the House of Representatives

pointed out several flaws in the interim constitution.

Addressing the parliament, Bharat Mohan Adhikary, standing committee member of the Unified Marxist Leninist (UML), regretted that the new interim constitution had concentrated power on the Prime Minister and did not allow even the parliament to remove the PM. “There are provisions that could endanger the democracy,” Adhikary said. He also regretted indifference with which the government and eight parties were treating concerns raised by many for independence of judiciary. He also took a swipe at the government for not providing enough time for the MPs to discuss and correct the flaws in the interim constitution.

Pashupati SJB Rana, the president of Rastriya Prajatantra Party (RPP), said, “We were proud when the parliament restored after the people’s movement was declared sovereign. But it appears we were no more than respected rubber stamp. We did not have any status even to thoroughly discuss the interim constitution.” He added, “All tradition, norms and values of parliamentary system has been violated by the manner in which this interim constitution is being promulgated.”

Interim Parliament
Nepali Congress 85
Nepali Congress Democratic 48
RPP and RJP 8
Nepal Sadbhavana Party (Anandidevi) 5
Nepal Sadbhavana Party 1
Total
147
Left Front  
CPN-UML 83
CPN-Maoist 83
United People’s Front 9
a United People Front (Ale)  
b CPN-Masal  
c Unity Center  
Nepal Peasant and Worker Party   4
United Left Front (Mainali) 3
a CPN-ML (Mainali)  
b CPN- ML(Kattel)  
c CPN-MLM (Tamang)  
d CPN-MLM (Prasai)  
e CPN- M (Chaudhari)  
f CPN-M (Mananadhar)  
Total 182

“I know our voices will not be heard today. But a day will come when the interim parliament will be compelled to adopt the amendment proposals the RPP has presented,” he said.

Chitra Bahadur KC, MP of People’s Front, also disapproved of certain provisions of the interim constitution. He warned that the interim constitution indicates the country would no more be governed by the rule of law. “Instead there are enough indications that King’s autocracy is going to be replaced by dictatorship of eight parties,” he said. KC called for amendment in the citizenship provision and demanded that independence of judiciary be fully respected. He expressed doubts that given the continued intimidation and physical action by the Maoist militia in villages there would be CA election in “free, fair and fearless environment.”

There were vociferous criticisms for neglecting the issue of Madhesis. Rajendra Mahato, an MP from Nepal Sadbhavana Party (Anandidevi), said the constitution does not provide equal status to the people of Terai. He said that without addressing the issues of Madhesis, the ongoing violence in Terai region would not be resolved. “Peace will not come just by writing in the interim constitution that there will be peace,” he said. 

Surya Bahadur Thapa, president of Rastriya Janashakti Party (RJP), warned that a new dictator could be born through this interim constitution. He said the constitution lacked basic principles of checks and balance and of constitutionalism.

Navaraj Subedi and Pari Thapa of People’s Front also drew attention to several flaws of the interim constitution.

In fact, the interim constitution attracted a number of amendment proposals from not only the individual MPs but also the parties that belong to the ruling alliance. The Unified Marxist Leninist (UML), KC and Ale factions of People’s Front, Rastriya Prajatantra Party (RPP), Rastriya Janashakti Party (RJP), Nepal Workers and Peasants Party (NWPP) and Nepal Sadbhavana Party (NSP-Anandidevi) had filed proposal amendments of their respective parties.

The UML sought some changes including adoption of proportional representation electoral system during Constituent Assembly elections; holding of a separate referendum to decide the fate of monarchy; provision of removing the Prime Minister through two-third majority of the parliament; and inclusion of only PM, Chief Justice and Speaker in the constitutional council.

Likewise, RJP president Surya Bahadur Thapa has filed amendment proposal seeking provision of appointing PM who enjoys two-third support of MPs and who has to obtain vote of confidence within a month of assuming office. The NSP-A has sought fresh delimitation of electoral constituencies based on population. The RPP, on the other hand, wants formation of local bodies with the consensus of all parties in the interim parliament; reconstitution of constitutional and judicial council; and adoption of federal system.

Despite the barrage of criticisms, the interim constitution was promulgated unanimously by all the 185 MPs present in the parliament.

The House promulgated the constitution without making any changes. Nine MPs had spoken demanding specific amendments. They included Surya Bahadur Thapa, Gobinda Bikram Shah, Gopal Prasad Koirala, Navaraj Subedi, Hari Acharya, Rajendra Mahato, Bidya Devi Bhandari, Parshuram Meghi Guirung, and Bijaya Kumar Gachchadar. But after the Prime Minister appealed for withdrawal, five of the MPs withdrew their amendment proposals. Thapa, Shah, Subedi and Acharya, however, refused to withdraw their proposals.

When appealing the MPs to withdraw the amendment proposals, PM Koirala promised he would not violate democratic norms and principles and said corrections can be made by the interim parliament also.

“I have been fighting for democracy for the last sixty years. I want to assure you that I will not trample upon the democratic principles,” Koirala said adding that it was due to the exigencies of the time that the interim constitution was being rushed through the parliament. “Just as we are speaking here, the arms of the Maoists are being collected in containers and the Maoist representatives are waiting outside to enter the mainstream parliament,” Koirala said.


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