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spotlogo2.jpg (6318 bytes) VOL. 23, NO. 48, JUNE 18 -  JUNE 24  2004 ( ASHADH 04, 2061 B.S. )

POLITICAL DEBATE


Conspiracy Against Constitution

Congress leader Koirala shows that he still holds the real power by intervening and thwarting efforts by a small coterie to kill the present constitution

By KESHAB POUDEL 

Nepali Congress (NC) president Girija Prasad Koirala still wields unchallenged authority in his party. The octogenarian leader’s intervention against the clamoring calls for constituent assembly by a group of his party workers - who are conspiring against the present constitution - halted a week-long restless efforts to push the centrist Nepali Congress party and the Nepali politics towards uncertain course.

At his last leg of five decade long political career, former prime minister Koirala took an uncompromising stand against rising wave generated by media and asked his party workers not to raise the populist issue like constituent assembly without realizing the pros and cons of such demand. Like his brother late B.P. Koirala, junior Koirala also seems to be heading for gradual isolation within the party as far as this demand is concerned.

Street agitation :  Popular support for costitution
Street agitation : Popular support for costitution

Just a few hours after his arrival from his hometown Biratnagar, 500 kilometers east of Kathmandu on Sunday (June 13), Koirala sensed that the situation was spinning out of control with the district presidents of the party publicly raising the demand for constituent assembly and several elements fanning the demand.

Koirala immediately summoned an informal meeting of district party presidents and reprimanded them seeking clarification regarding their recent statements on constituent assembly.

“You are playing into the hands of some mysterious external and internal elements who want to push the country and democracy to more chaotic situation by demanding election for constituent assembly. I don’t want to sacrifice my five decade long political career by following this mysterious design,” Congress president Koirala reportedly told the district presidents. “If necessary, I will fight the cause to activate the constitution alone.” 

Koirala also told his party workers and in case the opinion for constituent assembly is built, the King might proclaim an interim constitution. “What will happen then?” he warned his workers.

The present statement will make his close coterie angry but Koirala will be popular among the masses that support his opinion. Staying at the residence of his nephew Dr. Shashank Koirala, he has nothing to lose at this juncture. But he can gain popular support by speaking the voices of people.

Although they do not have any popular backing and their voices are in minority, small coterie within the Congress party is working hard to change the fate of the country’s widely accepted constitution as well as to influence the principle of their own party.

There is a very small number of individuals who belong to that group but they seem to have power to influence the party to change the established principle – which was framed by party’s conventions.

Koirala : Getting assertive for popular cause
Koirala : Getting assertive for popular cause

Tested by the people in three consecutive general elections in 1991,1995 and 1999 and two local elections in 1993 and 1998, the Constitution of the Kingdom of Nepal 1990 –which lays down sovereignty on the people – was formulated following the successful people’s movement in 1990.

Country’s two major political parties NC and CPN-UML – which have contested all the elections – received the legitimacy of being the two biggest parties through the present constitution.

Until a few weeks ago, country’s major political parties including the ruling Nepali Congress (Democratic) were together in the street agitation demanding the activation of the Constitution. Following the appointment of Deuba as a prime minister, mysteriously a small coterie in Nepali Congress have started to make demands for the replacement of the present constitution through constituent assembly.

Surprisingly, not only the coteries in the political parties like NC, NC (Democratic), CPN-UML and RPP, but a powerful group reported to be close to Royal Palace also have demanded the abrogation of the present constitution through the constituent assembly.

Changing the constitution through holding the election for constituent assembly seems to have become a common meeting point among the regressive, progressive and even the insurgent forces.

“Since the present constitution has already lost its credibility, the time has come to go for Constituent Assembly,” said Narahari Acharya, member of Nepali Congress and one of the proponents of the idea. Five years ago, Acharya had raked up a controversy by demanding that there should be direct elections for the post of prime minister.

Nepali Congress’s Constitution clearly spells out that the constitutional monarchy, multi-party democracy and the sovereignty on the people are the three fundamental principles of the party. The present constitution upholds all these principles and has made them un-amendable. Majority members in CPN-UML’s also hold the view that this constitution is still good and that some amendments in it through constitutional means can accommodate other political forces.

“Our party holds the view that the present constitution can be amended to accommodate almost all demands put forth by the Maoists. We have opened the door for all the democratic options including the constituent assembly in case of national consensus to resolve the Maoist problem,” said CPN-UML standing committee member Bharat Mohan Adhikary, who is one of the original drafters of the present constitution. “I still believe that the present constitution is flexible enough and almost all its articles can be amended except its basic structures that include multi-party democracy, constitutional monarchy and sovereignty of the people.”

Whatever these parties’ conventions have endorsed, small coteries within all the major parties seem to be gaining power and influence. Supported by the country’s major newspapers – whose right to information and freedom of _expression could be curtailed soon after the dissolution of the present constitution – the demand for constituent assembly is snowballing as the main agenda in the major political parties.

The behavior and mentality of Nepalese people as observed by Brian Hudgson, first resident representative of Britain to Royal Court of Nepal – who was here during the infamous Kot Massacre of 1847 A.D., seems still valid in the present context. In his memoir “Life of Brian Hudgson”, he describes,  “these barbarians (Nepalis) do not know where their real interests lie.”

The dramatic turns and recent trends vindicate that Nepalis are still unknown where their interests lie and who is speaking in favor of Nepal’s interest and who is conspiring against them.

From extreme right to left and some extremists within the so called moderate political parties all are taking the side of constituent assembly by ignoring the fact that the present constitution was also written by accepting the spirit of popular movement of 1990. Almost all major political parties of today were the part of that movement which gave the mandate to draft the constitution that vested the sovereignty to the Nepalese people.

In its preamble, the constitution states “In keeping with the desire of the Nepalese people expressed through the recent people’s movement to bring about the constitutional changes, we are further inspired by the objective of securing to the Nepalese people social, political and economic justice long into the future.”

“This constitution was not drafted by only the nine members of the drafting committee nor had the King handed over sovereignty to people at his will. The constitution reflected the voices of millions of people expressed through the popular movement,” said Bharat Mohan Adhikary. 

Nepali Congress leader Koirala has made it clear that there is the need to activate the present constitution and has rejected the idea of constituent assembly. “There is ample room to amend the constitution and to improve it through the participation of the Maoists as well. Our aim must be to activate the present constitution,” said Koirala, addressing a press conference at his hometown.

Interestingly, some of his party members contradict his stance. Just a day after the comment of Congress supremo Koirala, five district presidents of Nepali Congress openly challenged Koirala’s opinion urging party leadership to accept the Constituent Assembly.

“We must prepare to go for constituent assembly,” said Madhu Acharya, district president of Kavre district and husband of former state minister Kamala Panta. Acharya is said to be close to former deputy prime minister Ram Chandra Poudel and former finance minister Mahesh Acharya. President of Nuwakot district congress and brother of Congress spokesman Arjun Narshing K.C also was vocal in favor of constituent assembly.

Backed by former deputy prime minister Poudel, Congress central committee member Narahari Acharya, Chakra Bastola, Arjun Narshing K.C and Mahesh Acharya, the small coterie is pressing the demand for Constituent Assembly ignoring where the country will go in case the King announce interim constitution to hold the elections of constituent assembly. 

In the Nepali Congress (Democratic), Pradeep Giri, Narayan Khadka and others have already declared that his party would accept the constituent assembly. In CPN-UML Ishwor Pokharel has supported the move.

“When I read leading daily newspapers, I found completely distorted news. In our closed-door meeting, only 10 district presidents demanded the constituent assembly out of 75. I don’t understand the purpose behind this distortion which indicated overwhelming support in favor of the demand,” said a district president of Nepali Congress on condition of anonymity.

Interestingly, Nepali Congress is still pursuing the street agitations with the one point agenda of activation of the Constitution. From Singha Durbar to Durbar Marg, thousands of demonstrators have poured their blood supporting the demand to activate the constitution. “What about the blood of Chhayadevi and other hundreds of party workers who poured their blood to activate the constitution?” asked a central committee member of Nepali Congress.

Surprisingly, some Congress leaders like Poudel, Narahari and Mahesh, Arjun – who never tire of talking about the need to protect the spirit of People’s Movement – are demanding new constitution ignoring their own commitments.

“There is a grand conspiracy being hatched against the constitution of Kingdom of Nepal 1990. A coterie of conspirators are here and they are making all out efforts to kill the present constitution,” said an analyst. “I don’ think the elections for constituent assembly will be allowed but a group of conspirators will be selected to rewrite the constitution.”

Nepal has already changed five constitutions in the last five decades paving the way for unprecedented phase of political instability. Following the appointment of Sher Bahadur Deuba as a prime minister, the demand to replace the present constitution has grown.

Game of Coteries

Every national political party has their own constitution and method to adopt the resolution and amendment of their party’s constitution. However, at present, instead of taking the issue to their own party’s broader meeting, a bunch of coteries are conspiring from within a small group of members.

Although Nepali Congress party does not have more than a handful of central members who are against the present constitution, they have strangely emerged as the most powerful lobby within it. When central committee meeting chaired by Koirala formed a committee to present report on Constituent assembly, former deputy prime minister Shailaja Acharya boycotted the meeting. She is one of the most ardent opponents of constituent assembly.

“The decision to set up a committee to study on constituent assembly at this juncture is going to be suicidal act for Nepali Congress,” thundered former deputy prime minister Shailaja Acharya. “We must protect the present constitution - which guarantees   constitutional monarchy and multi party democracy.”

“Poudel and Narahariji survive in Congress politics whatever the stand they take. Former deputy prime minister Poudel accused Nirmal Niwas (King Gyanendra’s former residence) for promoting the Maoists but no harm came to his career. Likewise, Narharai Acharya was removed from the post of party spokesman for his objectionable remarks against constitutional monarchy but he still remains influential. Party workers cannot believe how they could retain their influence in the party despite annoying the party president Koirala,” said a Congress Central Committee member.

So-called diehard democrats and communist are not alone in the race against the present constitution. From right extremists to left extremists, all want to scrap the present constitution.


“We Still Think That The Present Constitution Can Settle The Present Crisis”

— Bharat Mohan Adhikary 

bharatmohan.jpg (24077 bytes)

Bharat Mohan Adhikary - former finance minister and a standing committee member of the Unified Marxist Leninist (UML) – was one of the members of the committee that drafted the present constitution. An influential leader of the party, Adhikary spoke to SPOTLIGHT on issues related to the constitution amid demands for the constituent assembly by many. Excerpts:

How do you see the present political crisis?

We require a national consensus. The present challenge before us is how to protect the achievement gained during the popular movement of 1990. The solution must be found keeping in mind that the sovereignty vested upon the people needs to be protected.

Some political leaders are demanding the constituent assembly and are clamoring to scrap the present constitution. How do you look at it?

Our party’s central committee has given a clear mandate on this. We want to settle the present Maoist problem through the amendment of present constitution. According to the recent decision of our party, in case of consensus among all political parties to solve the present national problem like Maoist insurgency, UML is ready to go for any democratic alternatives including the constituent assembly.

Do you mean that the CPN-UML also wants a constituent assembly?

I have told you that all the democratic options are open before us. But we still think that the present constitution can settle the present crisis.

But some forces including the Maoists are saying that they want a constitution drafted by the people? How do you look at it?

Frankly speaking, the present constitution was not drafted only by the nine members of the drafting committee. Rather, it was drafted in accordance with the popular support of then agitators who carried forward the popular movement of 1990. This constitution is a result of that popular movement. In the preamble of the constitution, this is clearly mentioned. Maoists also want to solve the present crisis by protecting the spirit of the achievements made by the Popular Movement of 1990.

But they care demanding the constituent assembly. How do you see it?

Constituent assembly is all right but we do not want to lose the achievements of the present constitution. There is a popular saying that a bird in a hand is better than two in the bush. At present, we, at least, have a constitution that guarantees the sovereignty of the people. Even if we want to have a constituent assembly, this constitution need to be made the base. We would want a new constitution by keeping the present one intact.

Don’t you think that this stand of the CPN-UML is confusing?

We are open about all democratic options. This does not mean that we will sacrifice the present constitution and put at peril the achievements gained during the Popular Movement of 1990. In case of consensus, CPN-UML has already agreed to go for the constituent assembly. We are not in a hurry. Our logic is that this constitution has provision for its amendment and we can amend all the articles except four fundamentals: multi-party democracy, constitutional monarchy and human rights. CPN-UML will not support any move to establish one party system by anyone.


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