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COVER STORY |
STATE OF
EMERGENCY In absence of
"exclusive power" to recommend the dissolution of the House of Representatives,
Prime Minister Sher Bahadur Deuba, like his two predecessors Girija Prasad Koirala and
Krishna Prasad Bhattarai, is compelled to strike compromises with various factions within
and outside the ruling party to survive. Instead of going in for unholy and unnatural
compromises, Deuba can set a precedent by asserting the prime minister's authority spelled
out in the constitution. Deuba could take the emergency order directly to the people in
case parliament rejects it. By KESHAB POUDEL When Prime Minister Sher Bahadur Deuba was
consulting with opposition leaders to garner support for the state of emergency, the
general secretary of the ruling Nepali Congress, Sushil Koirala, was in secret parleys
with central committee members and MPs to find a way of forcing Deuba to resign. Growing
internal differences in the ruling party have sidelined the state of emergency and the
wider issue of Maoist terrorism, offering a playground for forces of political
destabilization. Amid the political pulls and pressure
tactics from within the Nepali Congress and opposition parties, Deuba is facing a hard
time securing approval for the state of emergency his government imposed nearly three
months ago. Despite leading a majority government, the position of Deuba has been reduced
to that of a prime minister heading a minority or coalition government. The kind of
natural and unnatural compromises Prime Minister Deuba will have to make in his quest to
ensure the ratification of the emergency order and stay in power remain to be seen. The future of the state of emergency lies
in the hands of the House of Representatives, as it will mature for debate within a week
of its registration in the chamber. If everything goes right, debate on the motion will
start on February 19. Voting must be held before February 23. As Deuba is in no mood to assert the prime
minister's "exclusive power" to seek a fresh mandate from the people by
recommending the dissolution of the House of Representatives, the likely scenario will be
another round of unholy alliances among major political bosses. In the process, the
Constitution of the Kingdom of Nepal 1990 may be amended, as proposed by the main
opposition party CPN-UML and the Rastriya Prajatantra Party. However, this will push Nepal
into another phase of political instability. "If Deuba asserts his prime
ministerial prerogative as clearly spelled out in the constitution, dissolves the House of
Representatives and goes for new elections, it will save the constitution and avert
prolonged political instability," says a political analyst. Unfortunately, Deuba,
like all of his predecessors, seems ready to make more sacrifices instead of opting for
judicial corrections. Although Deuba is confident that he will
secure the support of opposition parties, his own party is proving unpredictable. A large
number of Congress members are in a clear mood to press for Deuba's resignation. Backed by
Congress president Koirala, a strong group within the ruling party is shaking Deuba's
six-month-old government. "I don't believe party president
Girija Prasad Koirala will pull down my government," Deuba told reporters at his
Baluwatar residence. "I don't see any move in the Nepal Congress to oust me. The
opposition, too, will help us ratify the state of emergency." Behind the veneer of that confidence lie
indications that Deuba is ready to sacrifice the essence of the constitution, instead of
asserting the authority of the prime minister. "If all parties agree to amend the
constitution, I am ready for it," the prime minister said. Unfortunately, neither
main opposition leader Madhav Kumar Nepal, RPP leader Surya Bahadur Thapa, Nepali Congress
president Koirala nor Prime Minister Deuba has found time to come up with valid reasons to
amend the constitution. "If the Nepali Congress and Prime
Minister Deuba agree to amend the constitution to pave the way for an all-party election
government, we can consider ratifying the emergency order," said CPN-UML general
secretary Nepal, addressing the inaugural meeting of the 21st session of the House of
Representatives. "The ball is in the court of the Congress party." That's not how Nepalis, who understand that
a democratic system is based on the voice of the people, see things. When the prime
minister hesitates to assert his authority and opposition leaders continue to enjoy
parliamentary privileges while the people are forced to put up with the same band of
politicians, the fate of any issue would be determined through dark-room maneuvering. As internal differences in the Nepal
Congress have already shaken Prime Minister Deuba, the UML's condition will push the
country deeper into the mire instability. The forces of destabilization have become so
powerful that successive governments have fallen prey to them within a very short time. In the last 12 years following the
restoration of multiparty democracy, almost all of the 11 governments have passed through
difficult phases of political instability. Although the Nepali Congress secured a majority
for the second time in the third general elections, its ability to govern is hardly
different from what it was during the hung parliament. Following the ouster of the
Bhattarai and Koirala governments, Deuba has given Nepalis their third majority government
in as many years. Even he is now fighting for his survival. Opposition on Emergency Prime Minister Deuba recommended His
Majesty King Gyanendra to order a state of emergency on November 26 last year, following
armed assaults by Maoist rebels in three district headquarters and the barracks of Royal
Nepalese Army on the preceding two days. The aim of the state of emergency was to end
terrorism by disarming the Maoist rebels. Despite the backing the emergency and the
deployment of army received from all quarters in the Nepali Congress and communist
factions, a strong section in the ruling party now seems to be in a mood to oppose those
moves. They want to defeat Deuba on the issue in parliament, forcing him to resign.
Opposition parties, at least, seem to be sympathetic to the state of emergency by agreeing
to provide conditional support. "The government has totally failed to
utilize the state of emergency to disarm the Maoists and protect civilians," said
Congress general secretary Sushil Koirala. "The government has failed on all fronts
to stop Maoist terrorism." Although the report presented by the
Congress general secretary has revealed that the security forces have seized more than
2,379 kg of ammunition, 5,252 detonators, 620 bombs, 2,038 meters of fuse wire, 5,252
detonators, 860 rifles, 27 revolvers, 160 pieces of other weapons and many other arms
since the deployment of the army, his concern is on the continual Maoist attacks against
the common people. "I never said Maoist terrorism would
be wiped out within a few months," said Prime Minister Deuba. "Despite limited
resources and many geographical constraints, the security forces have been successful in
disarming the terrorists." Other opposition leaders have also asked
the government to justify its decision to impose the emergency. "The government has
failed to explain why it needed to impose the state of emergency," CPN-UML general
secretary Nepal said. "We never gave our consent to the decision." But the government thinks otherwise.
"The state of emergency is a right to self defense of the state," says
Attorney-General Badri Bahadur Karki. "When the state is in the midst of a crisis,
the executive has to impose it merely as a representative." State of Emergency According to Article 115 Emergency Power
under the Constitution of the Kingdom of Nepal 1990: (1) If a grave emergency arises in
regard to the sovereignty or integrity of the Kingdom of Nepal or the security or any part
thereof, whether by war, external aggression, armed rebellion or extreme economic
disarray, His Majesty may, by Proclamation, declare or order a State of Emergency in
respect of the whole of the Kingdom of Nepal or of any specified part thereof. The procedure set out in the constitution
states that a proclamation or order must be laid before the House of Representatives
within three months and that if it is not approved it shall cease to operate. If, on the
other hand, the House approves it the state of emergency can continue for a maximum of six
months, with possibility of a further six-month extension. The first three-month time limit set in
Article 115 (2) would allow the executive to govern without any check on its powers by
parliament for a significant amount of time. According to Article 115 (3) of the
constitution, if a proclamation or order laid for approval pursuant to Clause (2) is
approved by a two-thirds majority of the House of Representatives present at the meeting,
such proclamation or order shall continue in force for a period of six months from the
date of issuance. If a proclamation or order lay before a meeting of the House of
Representatives pursuant to Clause (2) is not approved pursuant to clause (3), such
proclamation or order shall be deemed ipso facto to cease to operate. As the CPN-UML, RPP and Nepal Sadbhavana
Party have not said anything against the emergency order, it is now up to the Nepali
Congress to decide its fate. If the Congress central committee comes out with a unanimous
decision to back the state of emergency, parliament may ratify the order, extending it for
another three months. The three radical communist parties in
parliament — the Nepal Peasants and Workers Party, National People's Front and United
People's Front — have said they would vote against the emergency order. But their
minuscule presence in parliament is unlikely to have a significant impact on the voting. Koirala's Wish Despite enjoying majority support in the
parliamentary party, Koirala was forced to step down as prime minister six months ago
because of pressure within the party and a fierce opposition campaign. Koirala seems to
have found the right time to hit the Deuba government in an effort to return to power.
Although general secretary Sushil Koirala, who lost to Deuba in the election to become
head of the parliamentary party, is projecting himself as the next prime minister, party
president Girija Prasad Koirala is considered the front-runner to succeed Deuba in case
the government falls. If Girija Prasad Koirala wants to become
prime minister again, he must express his willingness in front of party workers. As a
seasoned politician with more than five decades' experience in active politics, he has
every right to seek the premiership. But will he be able to provide a stable government? "I don't believe Girijababu will try
to oust me following any wrong way. I received his blessings the day I was elected,"
Prime Minister Deuba said in response to a reporter's question at his official residence
on February 10. Instead of expressing his intentions
openly, former prime minister Koirala has been pushing loyalists like Sushil Koirala,
Govinda Raj Joshi and other junior leaders to put pressure on Deuba. This strategy has
encouraged factionalism within the Nepali Congress, which has proved to be the bane of
Nepalese politics. Within the Koirala camp, moreover, former foreign minister Chakra
Prasad Bastola is said to be pushing his agenda. "Girijababu and Kishunji are like
institutions, so they can demand anything. If Girijababu wants to become prime minister
again, why doesn't he ask Deuba to step down?" asks senior advocate Mukunda Regmi.
"At this crucial juncture when the Congress government is facing a major battle in
parliament to ratify the state of emergency, can't leaders postpone their internal
struggle for another few weeks?" Koirala and Deuba Although former prime minister Koirala is
waging a war against Deuba, he does not have any potential alternative. This is why he
chose to remain neutral in the last election for the parliamentary party leadership. Had
the Congress president supported general secretary Sushil Koirala, result may not have
gone easily in favor of Deuba. Despite their political rivalry, Deuba and Koirala are good
companions in the Nepal Congress and they may remain so for a long time. Although Deuba is leading many die-hard
Koirala opponents and the Congress president is surrounded by fierce critics of the prime
minister, Koirala and Deuba have not open their mouths against each other. When Deuba's
first government fell in 1997, he handed over the parliamentary party leadership to
Koirala. For a professional political player like
Girija Prasad Koirala, it is but natural to seek power. Moreover, he has to run the most
expensive party network in the country. He knows the importance of being in power when it
comes to managing the party. But the question is whether this is the appropriate time for
Koirala to return to power and whether the way he has chosen is correct. Instead of waging
a proxy war against the prime minister that would create lasting damage to the country's
political culture, Koirala could have simply asked Deuba to resign. Prolonged Political Instability The power struggle between Deuba and
Koirala risks sidelining the all-important issue of ratifying the emergency order. As the
Congress central committee, controlled by Koirala, seems to be in no mood to give up its
demand for Deuba's resignation, the country seems set for a long spell of political
uncertainty. "The country is already in the midst
of a serious crisis following the declaration of the state of emergency and the infighting
in the ruling party has fueled the chaotic situation," says a political analyst.
"The tug of war between Prime Minister Deuba Congress strongman Koirala is pushing
the country to the brink. When leaders of the ruling party fight to preserve their
self-interest, the fate of the political process suffers enormously." If there are differences among political
parties on the question of ratifying the emergency order, they must be ready to go to the
people with the issue as an election plank. But nobody seems to be prepared to face the
people, especially since this house has two more years to go. Whether politicians who enjoy financial and
other privileges that come with power like it not, the people are the final authority in a
democratic system when it comes to settling differences. Instead of allowing political
chaos, blackmail and instability to continue, the prime minister must be prepared to use
his exclusive power to seek a fresh mandate from the people. Fresh elections would allow
leaders of the ruling party and the opposition to take their agenda to the people. More
importantly, the winner will have a genuine mandate to implement that agenda. ‘There Is No Threat To My Government' —PM DEUBA Prime Minister SHER BAHADUR
DEUBA addressed a press conference on Sunday (February 10) at his official residence. The
following are some of the important issues raised during his half-an-hour meeting with
reporters:
It is said that former prime
minister Girija Prasad Koirala is trying to pull down your government. How do you see this
matter? Girija Prasad Koirala is the leader of the
ruling party. So I don't think he has any interest in pulling down the government. Such an
effort would not do anything to enhance his image. So your government does not feel
any threat? Correct. There is no threat to my
government. Do you believe opposition parties
will support the ratification of the emergency order? I imposed the state of emergency after
consultations with opposition parties. I have no reason to believe that our responsible
leaders of the main opposition party CPN-UML will withdraw from that stand. How do you evaluate the role of the
security forces? Despite resource constraints and
geographical difficulties, Royal Nepalese Army personnel have been able to contain the
Maoist terrorists. No army in the world can contain terrorism in such a short time. We
must be proud of the courageous job our army is doing. Why then are ruling party members
criticizing the role of security forces? We have to encourage our security forces
and applaud their bravery. Some say top Maoist leaders are in
India. Has your government demanded the extradition of those leaders? We don't know where the Maoist leaders are
right now. We are still in the process of investigation. So there is no question of
extradition, at this moment. Is there any possibility of
resuming peace talks with the rebels? Until the Maoists surrender their weapons,
there would be no possibility of resuming peace talks. As you know, I am a firm advocate
of peace. I began the peace talks in good faith. But the Maoists betrayed our trust by
attacking the district headquarters and army barracks. ‘The Government Has To Justify The Emergency’ — MADHAV KUMAR NEPAL CPN-UML general secretary
and leader of the main opposition party MADHAV KUMAR NEPAL has asked the government to
justify the reasons for imposing the state of emergency. The following are the major
portions of Nepal's statement in parliament.
On the issue of the imposition of the
state of emergency: Until the government provides credible justification for ratifying the
state of emergency, we would not be in a position to support the government. There is
dissatisfaction over the electoral process and the present government has to show the
courage to amend the constitution to include the provision of an all-party election
government. On emergency vs. army mobilization: Prime
Minister Sher Bahadur Deuba announced the state of emergency on his own. So he has to be
prepared to take sole responsibility. The emergency and army mobilization are two
different things. There is no link between them. The prime minister said the emergency was
aimed only against the Maoists, but mainstream parties have been adversely affected. In
the name of the emergency, the government misused the state machinery. On the government's policies and programs:
The government has failed to bring any new social and economic package to bring radical
changes in the country. Had the government introduced some bold package, the situation
would have been different. On the role of the CPN-UML: The CPN-UML is
a responsible opposition and will act responsibly. Our party will always take the people's
interest in mind before taking any decision. Glimpse Of The Winter Session Unlike the winter session of parliament
last year, which was stalled for all 57 days, the first day of this year's session began
peacefully. The situation was nevertheless tense, with the leaders of opposition parties
coming out with strongly worded statements against Prime Minister Sher Bahadur Deuba and
his government. Apart from voting on the ratification of
the state of emergency, the winter session has to pass 22 bills and two ordinances,
including the Finance Ordinance and Terrorist and Disruptive Activities Control and
Punishment Ordinance. The other major legislation include Civil Code 11th Amendment Bill
(on women's property rights), Political Parties Bill, Anti-Corruption Bill, CIAA Amendment
Act, Health Service Amendment Act, and the Vigilance Bureau Bill. The winter session of parliament will
continue for at least two months. Parliament has convened at a time when the country is
passing through a very difficult period. The key question is: will the government be
able to muster the necessary two-thirds support in favour of the emergency order in the
House of Representatives, especially since the ruling Nepali Congress has only 113 MPs in 205-member house? 1. Nepali Congress 113 2. CPN-UML 68 3. RPP 11 4. NSP 6 5. National People's Forum 5 6. Nepal Peasant and Workers Party 1 7. United People's Front 1 Total: 205 |
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