Cover Story (Spotlight Weekly)

King Gyanendra Acts

By dissolving the eight-month-old Deuba government and proclaiming the state of emergency, King Gyanendra has charted a new political course. With the constitution of a new cabinet under his chairmanship, King Gyanendra also pointed out patriotism as a common meeting point of all Nepalese in spite of their different political ideologies. If political parties following liberal democracy and common people’s aspiration of all round development is added with the patriotism, the country would not have difficult time to find a common meeting point of patriotism, democracy and development. As the country has been passing through a difficult situation, restraint and caution will help to build internal strength to chart the future democratic course. How much restraint and caution will be taken by country’s major forces remains to be seen

By KESHAB POUDEL

With the dissolution of the eight-month-old Sher Bahadur Deuba’s government through his proclamation on February 1, 2005 and formation of a new government under his chairmanship on February 2, King Gyanendra has opened a new phase of political course.

Under the article 127 of Constitution of Kingdom of Nepal 1990, King constituted ten-member cabinet. According to the press release of Royal Palace Press Secretariat, the newly appointed ministers include Ramesh Nath Pandey (Foreign Affairs), Radha Krishna Mainali (Sports and Education), Krishna Lal Thakali (General Administration), Buddhiraj Bajracharya (Tourism, Culture and Civil aviation), Durga Shrestha (Women and Children), Tanka Dhakal ( Information and Communication), Dan Bahadur Shahi (Home and Law), Khadga Bahadur G.C. (Local Development), Ram Narayan Singh (Labor and Transport Management) and Madhukar Sumsher J.B. Rana (Finance).

Under the article 115 of emergency power of the Constitution of Kingdom of Nepal 1990, King Gyanendra also proclaimed the state of emergency suspending almost all fundamental rights. As per the article 115 (8) of Constitution of Kingdom of Nepal, His Majesty may at the time of making proclamation or Order of a State of Emergency pursuant to clause 1 suspend sub-clauses a, b, d and e of clause 2 of article 12, clause 1 of article 13 and article 15,16,17,22 and 23 of the Constitution as long as the Proclamation is in operation: Provided that the right to the remedy of habeas corpus under the article 23 shall not be suspended.

The suspension of these articles means suspension of almost all fundamental rights including Rights Against Preventive Detention, Press and Publication Right, Right to Information, Right to Property, Right to Privacy and Right to Constitutional Remedy.

As an institution of continuity, Nepalese people have a long tradition of abiding by the order of monarchy as the institution has always sided with people and promoted aspiration for modernization and liberalization.

Following the dismissal of elected Deuba’s government in October 2002 on the ground of inefficiency to hold the general elections on schedule, King Gyanendra appointed three different governments under the leadership of Lokendra Bahadur Chand, Surya Bahadur Thapa and Sher Bahadur Deuba. But there was little change in the country’s overall situation. Formed under the chairmanship of King Gyanendra, the new government will have to show that it is different than them. As promised by King Gyanendra, major task of the new cabinet will be to work out strategy to restore the multi party government

In his forty-five minute long nation wide proclamation, King Gyanendra expressed his dissatisfaction over the functioning and performance of the political parties and their governments formed in different period of time.

Criticizing performance of political parties and their leaders, King Gyanendra also pointed out that patriotism is a meeting point of all political forces in spite of political differences. This indicates a realization that there requires support from all political forces for the protection of national interest. “If King’s patriotism, political parties demands of democracy and people’s aspiration for all round development of people go together, that will usher in a new era of patriotism, democracy and development,” said an analyst.

Any confrontational course among the political forces will threaten Nepal’s identity and, therefore, it requires restraint and caution from the followers of liberal democratic ideology. Given King’s commitment to bring multi-party democracy right in the track within three years, there is hope for return of the liberal democracy.

“King’s commitment to protect human rights, multi party democracy and good governance is important part of nationwide proclamation,” former minister Dr. Bhekha Bahadur Thapa said to Radio Nepal, government controlled media.

At a time when the country is struggling with the Maoist insurgency and political forces are deeply divided, no one will benefit from opening new front. King Gyanendra in his proclamation clearly indicated this. With a population of 23 million and sandwiched between two Asian powers, broader alliance among political force will guarantee its survival. King Gyanendra’s decision to return the multi party system is a clear indication of his intention of working together with people and their popular representatives.

Nepalese monarchy – which is a civilian institution – always rules under the consent of people and restores the system as per the popular wish. Even King Gyanendra in his public pronouncement expressed monarch’s history of such commitment.

Discipline Episode

Some see this is a discipline episode as earlier the political leaders, media and civil society had exercised freedom of liberal democratic practices without maintaining any restraint and responsibility towards society and country’s legitimate institutions.

“When security forces have been struggling in the remote parts of the country risking their lives fighting insurgency, civil society, human rights, political leaders and media projected them as if they were villain,” said a security analyst. “This situation is a result of misuse of liberalism to promote terrorism. No country in the world can enjoy freedom to interview terrorist and denounce the country’s legitimate security forces.”

No one paid any attention and respect to country’s respected traditional institutions like monarchy, Royal Nepalese Army and police. Media and civil society often equated functions of the security forces with the Maoists. “In this situation, the country doesn’t have any option either to give up the country to ruthless Maoists or to bring the normalcy through using certain restrictions.”

This is a major set back to the liberal democratic process in the country. With the experiment of more than 14 years, the people of Nepal tasted the liberal democracy with free press, free movement and all phenomena. Along with liberalism, there also emerged the culture of anarchism, indiscipline and irresponsibility.

Had the country’s political forces promoted restraint and disciplined culture, the country would not have to pass through these kinds of situation within a short period of time. If civil society, media and political forces do not apply restraint, it would bring about more unwanted situation than the present one - as monarchy is still there to protect the people now.

Monarchy Is An Institution Of People

Monarchy is an institution associated with the people and it is a civilian institution. Nepal has also a long history of monarchy to protect the interest of the people against any kind of authoritarians or totalitarians.

“The function of the King in promoting stability and acting as a sort of keystone in a non-democratic society is, of course, obvious. But he also has, or can act as an escape-valve for dangerous emotions. A French journalist said to me once that the monarchy was one of the things that have saved Britain from fascism. What we meant was that modern people can’t, apparently, get along without drums, flags and loyalty parades, and that is better that they should tie their leader-worship onto some figure who has no real power. In a dictatorship the power and glory belong to the same person. In England the real power belong to unprepossessing men in bowler hats: the creature who rides in a glided coach behind soldiers in steel breastplates is really a waxwork. It is at any rate possible that while this division of functions exists a Hitler or Stalin cannot come to power. On the whole the European countries which have most successfully avoided the fascism have been constitutional monarchies. The conditions seemingly are that the royal family shall be long-established and taken for granted, shall understand its own position and shall not produce strong characters with political ambitions,” said George Orwell, a renowned British writer.

Political Steps

King’s steps to dissolve Deuba government are political as his appointment under the article 127 of the constitution. Since there is no provision in the constitution to activate it without the elected House of Representatives, all the actions are strictly regarded as political ones. In the political crisis, the constitution, whatever its types, cannot give solution.

King Gyanendra in his proclamation declared that he is taking the step under the article 27.3 of the Constitution of Kingdom of Nepal 1990 and formed the government under his chairmanship.

The article 27.3 states that His Majesty is to preserve and protect this constitution by keeping in view the best interests and welfare of the people of Nepal.

“Following the elections results of Iraq, there were hopes for general elections in Nepal. Suddenly, the possibility has gone far away and nobody can say now when the process of liberal democracy will begin again,” said a political analyst. “These political steps can have many impacts on Nepal’s status.”

However, the manner in which telephones were disconnected and restrictions imposed with diversions of international flights could send negative signals to the outside world.

In his half-an-hour long proclamation, King Gyanendra has not indicated that his action would be responded by such a manner by security agencies and administration. It will only send bad signal to the world.

Although King Gyanendra’s proclaimed state of emergency in abnormal circumstances, state agencies must work in a normal procedure. If something goes wrong, the first victim of international condemnation will be Nepal’s participation in UN Peace Keeping operation and other exposure.

As political course has already been taken and the situation has already moved, the question now is to maintain restraint and caution so that normalcy will return soon so that there can be elected government again sooner than King Gyanendra’s deadline.