CONSTITUENT ASSEMBLY ELECTIONS
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Fair or Foul?
With the announcement of date, uncertainty about holding the elections for Constituent Assembly (CA) came to an end. The question now is whether it will be fair or foul elections?
By KESHAB POUDEL
As the date has already been announced, it is certain that the nation will have an elections for the Constituent Assembly, which is supposed to finalize a shape of governance, shape of state institutions and structure of Nepal . The only uncertainty now is whether it would be fair or foul?
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Election Commission: Working on war-footing |
Even as large sections of the people wouldn't express skepticism about holding elections on the date declared by the government, the persons in power themselves seem to lack confidence that the elections shall be held on the date announced by them.
"We want to hold the elections in accordance with schedule but it is still uncertain whether it will be held on stipulated date or not," said Minister for Information and Communication Krishna Bahadur Mahara. "Some forces are still active against CA polls," said Mahara, spokesperson of the government.
In fact, people don't question the possibility of holding elections - they are asking for its fairness. One must be very clear that the two things are quite different. The possibility of holding the elections is not a serious question at all; what is important question is its fairness.
"As long as Maoists are in the government and have armed Young Communist League, I don't think there will be free and fair elections," said Kishore Kumar Biswas, vice president of Madhesi Janadhikar Forum (MJF). "The Maoist will not permit to hold the elections in free and fair manner."
Of course, there require peace and order to encourage people to vote. If disorder continues, there will be a low turn out. In such a scenario, the result of the elections will go against the wishes of people. "One has to distinguish between the interest of people and interest active against the people. In the interest of the people, the election has no meaning unless it is held in a free, fair manner and without intimidation. Otherwise,
the elections will be farcical. Such kinds of elections are held in several semi-democratic or pseudo democracies in Asia and African countries," said a political analyst.
Though eight party alliance is claiming that they are working in accordance with the mandate of the people, the interest of the people does not count much before them because the rulers are neither elected nor are they accountable to the people.
Fair or Foul
Except American and western countries, others are less concerned about free and fair elections. From prime minister to other ministers and from civil society members to scholars from neighboring countries, all of them want to see the elections at any cost.
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CEC Pokhrel: "Create environment" |
In her hearing in the US senate, the new US ambassador to Nepal Nancy Powell has stressed on the need to ensure that elections are "as free and fair as they can be so that there is no reason for groups, whether it's the Maoists or others, to reject the results."
Nepalese officials have their own way to measure free and fairness in elections. "In an interim situation like this, it is impossible to create completely peaceful situation like that of the past elections of parliament. All our priority must be now to hold the elections rather than to involve in debate on whether it would be fair or unfair," said Home minister Krishna Prasad Sitaula.
Home minister Sitaula's remarks came when there is growing concern of deteriorating law and order situation. People in general don't have a habit yet to confront with the forces of organized violence and terror whether it is state or non-state.
In all his seriousness, prime minister Girija Prasad Koirala – who has a long experience in politics - said a few months back that as the country is in abnormal situation, the elections would be of abnormal nature.
Prominent leader of civil society, Kanak Mani Dixit also expressed his views recently in his interview with BBC Nepali Service that the priority should be given to create the conducive environment for the elections, rather than debating other issues
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PM Koirala: Uphill task |
Backing the claim of Nepali leaders to hold the elections at any cost, renowned Indian political scientist and Nepal specialist S.D. Muni stressed the need to hold the elections in November. "This government must hold the elections for CA in November whatever the circumstances may come. Elections are necessary to bring back political stability in Nepal which is the major concern of India ," said Muni recently in a program organized by Reporter's Club.
From plain to hill, numerous local armed and unarmed groups representing various brands including Maoists are creating troubles of one or other kinds. About 13 armed groups are threatening the presence of state in southern plain.
Despite violence and revolt, the present situation seems to be a result of skilful arrangement of coercive forces which want to get the support from the people for desired end if not by willingness. "There have been several instances in the past when such situations were created during the elections to procure the result desired by the center of coercion," said the analyst.
Panchayat system had a long record of such situation. Whether there was a direct or indirect election, the result was always procured in accordance with a plan of certain design. In the early phase of indirect elections, political institutions like Back to Village National Program was used to elect the candidate favored to the force of coercion. Even Dr. Tulsi Giri, who was known as the mother of Panchayat, was denied the right to contest the elections.
Even in the direct elections, unknown candidates like Nani Maiya Dahal, Puhato Chaudhari and Umesh Jung Thapa emerged as heroes. An unknown person like Umesh Jung Thapa defeated former prime minister Matrika Pasad Koirala from his home town Biratnagar. Chaudhari and Nanimaiya defeated Panchayat's prominent stalwarts.
These kinds of scenario were repeated during the last three elections of parliamentary democracy - almost all elections were held comparatively in a peaceful manner but the results were always against anticipation. Even most popular leaders of Janandolan I like Krishna Prasad Bhattarai faced humiliating defeat in the first parliamentary elections in 1991 against then unknown opponent.
Then prime minister Bhattarai – who has personal history of a long political sacrifice - lost the elections with general secretary of CPN-UML Madan Bhandari, a new face who appeared in a public only a few months before the elections. Similarly, Mangaladevi Singh, wife of supreme leader Ganesh Man Singh, and his son Prakash Man Singh were defeated with humiliation in the elections.
Bhattarai, who was projected as a saint with no personal property and a leader hailed for bringing a constitution that made Nepali sovereign- was again defeated by Vidya Bhandari, widow of Madan Bhandari in 1994.
There were tendencies in the elections that the result always came against public expectations. Similar situation might repeat in forthcoming CA elections.
How the CA will finalize constitution and how will it safeguard sovereignty and integrity of the country; from the forms of government to power sharing among state units, it has to decide all these issues. In a country with so many ethnicity, linguistic groups and regionalism, finalizing the constitution is not going to be an easy task.
"There were several instances near and around Nepal where elected representatives of the Constituent Assembly have come out with a constitution in a dramatic manner while the people seemed helpless. Supreme ruling alliance of eight parties may be performing their role in a spirit of dismay, ignorance and helplessness about the vital interest of the country but it is horrifying to imagine the result if they do something against this country with a long history of its continuity of independence and pride," said the analyst.
Along with other issues, the CA also has to finalize the form of governance. The country is now under the leadership of old and unwell PM Girija Prasad Koirala, and serious questions on his working style and health have already been raised by his cabinet colleagues.
"Prime minister has never worked in a team spirit of coalition government. He works as if this is a majority government of Nepali Congress. There is hardly any serious debate and discussion about country's serious issues including deteriorating law and order situation. Prime minister is too old and his health does not permit him. But he always wants to show that this is the majority. Because of prime minister's health, his official residence has turned into an official secretariat. Prime minister hardly finds time to listen to us. Prime minister wants share for his party in the appointment of other ministries also but he has never accommodated any member of opposition in the ministry headed by Congress. I have to frankly admit that we are just helpless spectator in the cabinet meeting," said Minister for Sports and Education Pradeep Nepal .
There could be no better person than minister Nepal to describe the helplessness of the government which is supposed to lead the country with an added adjective of New Nepal and Loktantra as a refined democracy. At least, minister Nepal has shown guts to tell this fact to the people.
Forms of the Government
In the last five decades, Nepal has experimented with various models of democracy and constitution. But, no one was able to bring the governments and constitution that governed the best. Political leaders - who described Constitution of Kingdom of Nepal 1990 as the best constitution of the world – scrapped it a decade later denouncing it as the worst constitution. As commitments of political leaders are so weak, nobody can guarantee that the forthcoming constitution will last for ever.
As English Poet Alexander Pope had aptly describes how "fools quarrel over the forms of government - what governs best is the best," so is the situation in this country. "We were told by those same leaders last time that the Constitution of Kingdom of Nepal 1990 was the most democratic and best constitution in the world but again they are saying that CA will produce another best constitution. They never admit that it was not the constitution which failed but they who had failed," said the analyst
Instead of getting out of the leadership as suggested by minister Nepal, they scrapped the constitution and trampled down under the feet alluring people now again with a new hope that the CA under their leadership would come out with an inclusive document to all ethnicity, region and linguistic groups including the best content of democracy.
"The constitution has nothing to do with that. Even if the country is put into federal structure by dividing into several units, all these will turn into a cosmetic federalism under the control of omnipotent and omnipresent invisible machination," said the analyst.
Federalism requires several prerequisites to function i.e. sources of revenue to support its viability, coherent and coordinated administrative structures and of attitude of interdependence and mutuality.
A well organized society of Nepal in its own cultural heritage and tradition are being recklessly destroyed. Leaders who were supposed to lead the country have neither the ability nor the willingness to do that for which no better testimony could be found than the remarks by senior minister Nepal .
"This government is running in ad hoc manner as prime minister is too old and sick to lead the cabinet," writes Nepal in his recent article in Samaya weekly. "At a time when the government is unable to function properly, how will it hold the elections are difficult to predict."
"Rampant insecurity, violence, disturbance all over the country and open hostility among cabinet ministers is, in fact, an indication of pre-election exercise. Looking back at past experience, one can certainly say that such situations are the indication of forthcoming elections in Nepal ," said the analyst.
Surprisingly, nobody cares much about whether elections will be held in fair or foul manner. Anyway, one thing seems to be certain - that, there will be elections in November.
