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VOL. 27, NO. 9, October 12, 2007 (Ashwin 25 2064 B.S.)
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CONSTITUENT ASSEMBLY
Real or Farcical ?
Every body has been talking about Constituent Assembly; however, no body
knows whether it is going to be farcical or real?
By KESHAB POUDEL
"I will hold the elections for Constituent Assembly at any cost. That was the mandate given by the people." prime minister Girija Prasad Koirala (May 21, Kantipur 2007)
"I will not compromise with anybody on holding the election for Constituent
Assembly. I will not postpone it." Prime minister Girija Prasad Koirala
( October 4, 2004 meeting with Finish Minister).
"Seven party unity needs to maintain and the new election date must be
announced soon." Prime minister Koirala October 2007.
Although he has already hold off the election twice, prime minister Koirala,
the leader of the government, is still assuring the people that the
elections will be conducted at any cost. Instead of dealing with the
problems - which were hindering holding of free and fair election, prime
minister Koirala was taken aback by ongoing situation.
People -who believed him - were too shocked by the postponement of the
election. There are also some noted "experts and analysts" among people who
were enjoying their wishful drive against the real decisive force. However,
they were also disappointed by the decision to defer the election. "The
postponement of elections shattered our notion that prime minister Koirala
is man of action," said lawyer and member of civil society Bhimarjun
Acharya. "I don't think election for CA. will be conducted"
Conducting the elections for Constituent Assembly and making a constitution
through it is a very difficult task. Delaying of the election several times
in recent days has proved that what elder generation of politicians did was
right as elder politician showed respecting the drafts of the constitutions
is more significant than the ritual of holding the elections for that.
However, a group of communist, all the time, has taken a stand against the
main trend of democratic forces to formulate the constitution by consensus
rather than to make it an issue of contesting farcical election for
Constituent Assembly.
"One has to take the postponement of CA elections as a bitter truth on the
basis of ground reality. An unseen power, which has decisive influence in
the government and the decision making process of all the members of the
alliance of ruling coalition, does not want it. The conflict between the
prevailing public opinion and the unseen power seems to be incompatible.
Thus, the present deadlock- the postponement of CA elections- supports that
apprehension," said the political analyst.
Past Experiments
At the grass root level, everybody needs political stability and social
order as a foremost priority. To achieve stability and order, a strong
parliament, elected through electoral process, is required. Nepal's past
experiences have proved that a first-past-post system of elections comes out
with major parties; thus, they forms strong and stable governments.
The brief experiments of the first parliamentary form between 1958 and 1960
and the second parliamentary form between 1991 and 2002 were the successful
examples of strong and stable governments. Nonetheless, these governments
suffered reversal through unconstitutional methods or by other kinds of
extra constitutional machinations.
After the dismissal of Sher Bahadur Deuba's government by King Gyanendra on
October 3, 2002, subsequent events were not in accordance with the
constitution. As a result, the last experiment of parliamentary democracy
was jeopardized. Like democratic minded people, the institution of monarchy
has also faced a great crisis. A wishful thinking of monarch could not
change the situation in his favor. The situation is similar with the seven
party's leadership when they delayed the election repeatedly.
"The King failed once in his push but this coalition has failed twice to
hold the election. Prime minister Koirala expressed his wish that in an
abnormal situation in his country, the elections too would be abnormal. He
failed miserably even to hold that kind of elections which he had
visualized," said the analyst.
Prime minister Koirala has several alternatives for the people and the
parties of alliance. Nevertheless, both the people and parties seem to have
no alternative for prime minister. Even after the postponement of
Constituent Assembly for uncertain period, Koirala has assured the people
about the continuation of his leadership to next poll.
"This is time to show that there need a strong unity among seven parties
alliance. This unity needs to persist till the elections will be held."
prime minister reportedly told CPN-UML leader Madhav Kumar Nepal. Prime
minister Koirala's indication is that he has capability to retain this
unity. CPN-UML backs Koirala as an incontrovertible leader.
Functioning of Party
As Nepal's political parties are not guided by grass root level popular
opinion, there is slim possibility to produce impartial outcome. The way
political party functions in Nepal does not truly reflect the opinion of the
grass root. Instead, it reflects the opinion of the center of patronage. In
normal democratic process, leadership is influenced by the people but in a
handicapped democracy like in Nepal, people are forced to decide in
accordance to their party or patrons.
Leo Rose and John T. Scholz have written in their book Nepal Profile of a
Himalayan Kingdom, "The structure of these early party organizations
reflected the patron-client relationship characteristic of the Rana social
order, although there was considerable more variety in party recruitment
techniques than Rana patrons had. Some leaders gathered followers through
personal charisma or ideological persuasion, other through previous
acquaintances in schools, the British or Indian army, or earlier political
activities, still others by extension of more traditional relationships or
ethnic identity. Successful party leaders attracted followers who themselves
were patrons with their own following, thus creating party linkages based on
personal support through several intermediate patrons."
"Loyalty varied considerably in intensity and longevity, with numerous
intermediate patrons shifting their allegiance when conditions changed.
Ethnic identities, status, conflicts, and regional factors, of course,
limited the interchangeability of these intermediaries- if a powerful
notable joined one party, local factions opposed him would seek the support
of a competing party," write authors duo.
The recent convention of Nepali Congress is an example of how senior party
leader forced his juniors to accept decision as he wished. Despite absolute
majority in the central committee who favors that the fate of monarchy be
decided by the Constituent Assembly, the party endorsed republican agenda.
As Congress president and prime minister Koirala knew that the party leaders
were against his move, he ruled out the issues in debate and vote. Moreover,
he declared that his fellow members should endorse his proposal for republic
form.
"If a credible and liberal democratic party like Nepali Congress has that
kind of working behavior, one cannot imagine the lowest ebb of other parties
of the alliance in which almost all are of one party totalitarian ethos of
communist dogmas," said the analyst.
With half of the population illiterate and more than 30 percent of the
population living below poverty line, the country is handicapped in several
senses. In addition to these, the country has not developed infrastructures
well as mechanisms to guarantee the rule of law. As there are ways to rig
election in a handicapped country like Nepal, it is just a wishful thinking
to hold free and fair election.
"Above all these, there are other serious constraints of zonal conflict
which has its disguise and influence. A prolonged crisis of political
instability has made all previous efforts to build up required
infrastructures and procedures to govern ineffective and irregular. In such
a background, it is unthinkable that people in Nepal will be able to decide
their fate fairly and fearlessly," said the analyst. "When all these things
have already been destroyed by a ruling syndicate under the blessing of an
unseen power, the sovereign people would be force to accept the fate
accompli"
In search of a better constitutional order, Maoists faction of communist led
an insurrection in which about 15000 persons lost their lives. There was
irreparable loss in every aspect. Despite all these, Maoists failed to
materialize their dreams after they got stuck in their conflicting choice
between personal ambitions and political ideals.
Leaders of previous parliamentary parties have lost their will to adhere to
the "ideal" constitution of 1990. Like Maoist, they have also failed to
formulate better alternative constitution than what the nation has practiced
through previous parliaments.
"In such a situation, an honest soul searching require from all segments of
society instead of roaming in the wilderness for a better constitutional
order. Let there be a direct decision of the people through referendum as
Maoist and CPN-UML demanded as an alternative proposal to end deadlock. It
would be very logical and prudent to let the people decide whether they
support the same constitution of 1990 which was an outcome of Janadolan I or
they want a new one based upon republican model," said the analyst.
"It is unnecessary to put monarchy into referendum if the previous
constitution is out voted in the referendum. The fate of monarchy would
consider shield and if people don't want another form of constitution and
the whole extremist pressure will be subsided and the country would much
ahead to tackle its all round progress and development," said the analyst.
However, none of the political parties has clear perceptions about the firms
and contents of the coming constitution. They have repeatedly declared to
the people that the election will be held on time. Nonetheless, they have
already postponed the election twice. Despite their failure to substantiate
their promises, they still have reasons to believe that the elections for
Constituent Assembly will be held on time. The eight parties have again
promised to conduct impartial election on time. However, people still have
reasons to question, "Is the election going to be real or farcical?"
