I n d e p t h    A n a l y s i s
Parties’ prompt active monarchy

Kathmandu: When things come to a crunch, it is active monarchy in Nepal.

Duly elected Prime Minister Sher Bahadur Deuba dissolves the parliament and asks the King to prolong his tenure under Article 127 on plea that the constitutionally stipulated dates of the elections can’t be fulfilled. The UML and the other parties apart from the Nepali Congress back this move.

The King as per the advice of the prime minister uses Article 127 to untangle the constitutional mess and asks the parliamentary parties to cooperate in the formation of a government that will conduct elections and set parliamentary process in motion deeming Deuba’s bid for extension in office unconstitutional.

The political parties including the Girija congress and the UML do not oppose the sacking of Deuba but use the opportunity to recommend themselves for office. Lokendra Bahadur Chand becomes their optional candidate but their bid for office having been denied they refused participation in government and opted for agitation instead.

Both congress and the UML agree that the constitutional monarchy under the constitution will only have made the correct constitutional obligations if the King obliges to either of their separate demands, which they say are the only two constitutional options for the King. The UML standpoint is that the dormant Article 128 that made the current constitution active under an interim government in 1990 should be revived. The congress says that the dissolved parliament should be revived.

Both these demands call for the King to assess the political situation and make a political decision to activise these demands. The constitution bars the King from making political decisions of these sorts. In other words, the mainstream political parties are asking the King to go beyond the constitution to make a political choice in their favor. What they are saying is that the King should be active politically. This is unconstitutional. Tacitly put, they are acknowledging that the Constitution needs a change. The King as they say it, again is not empowered to change the constitution. The Supreme Court has upheld the dissolution of the parliament. Only elections can revive parliament. The King’s attempts so far has been to form an all party government to conduct elections. The parties denied him this constitutional role.

Added to these contradictory standpoints is the Maoist demand for the King to negotiate with them for constitutional change. Nowhere in the constitution is the King empowered to do so. He has been asked through residual powers to untangle the constitutional mess. He has opted to seek cooperation from all political forces to form a government that revives the constitutional process through elections that will reconstitute parliament to resume its constitutional role. The Maoists who don’t recognize the constitution want the King to junk the constitution as well. This will entail the King to assume extra constitutional powers. This is a political decision that is denied by the constitution.

And now, even the mainstream parties in course of their agitation does not want to provide "legitimacy" to the government formed under article 127 by participating in the talks with the Maoists, if what Bam Dev says reflects agitation view points, the King asks them to sit in the talks. This again, calls for an unconstitutional role for the King that demands from him a political gesture not provided for in the constitution.

All things said, therefore, it is only the King that is currently upholding the constitutional process and being targeted for it thanklessly. It appears that there is a unanimous opinion in the political sector favoring a political role for the King regardless of the fact that such a political role must favor each of the political constituents and their separate standpoints.

Considering that the use of article 127 recommended constitutionally recognizes the constitutional tangle and considering that the political sector is virtually unanimous in asking the King to make a political choice, the notion of an inactive monarchy pleaded for in the people’s movement of 1990 has been debunked. The constitution therefore is headed for a change and it is those who publicly deny the King a political role advocate it in effect.

Logic demands reinstatement of Deuba’s government!

Kathmandu: The logic provided by the five agitating parties for the reinstatement of the Parliament is in itself illogical.

The logic is if the King reinstates the parliament under the Article 127, which is what the agitating parties prefer, will be deemed constitutional. If he doesn’t do so would mean an act whole sole unconstitutional.

Its corollary would be that if the King goes their way even if it were an unconstitutional move, the agitating five would consider the King’s act as constitutional which would further mean that the King by acceding to their demands will have corrected his past "unconstitutional" blunders. This is their logic, which is full of illogical thoughts and could be considered to be an outright misinterpretation of the constitution.

By the same token, the government formed by the King under Article 127 is simply a unconstitutional one and hence the agitating five must treat the government formed so as untouchable. But then yet if one member of the agitating five is allowed the post of the country’s chief of the executive under the same provision would be deemed constitutional. It would be deemed constitutional because the article has been used to elevate one of the members of the agitating five. This is again illogical and a sheer misinterpretation of the constitution.

The fact is that if any act commissioned under article 127 becomes unconstitutional then it is unconstitutional even if the five parties demand. There could be no two separate interpretations of the same Article.

However, the big-5 debunks other interpretations other than what they have unanimously interpreted.

The fact is also that the agitating parties who clamor that they represent the constitution and were synonymous to the democratic system forget that the hardest hit by the use of the Article 127 is none less than the duly elected Prime Minister Sher Bahadur Deuba who was dismissed in a very unceremonious manner by the constitutional monarch.

Logic would demand that the agitating five should press the King for the reinstatement of the government of Sher Bahadur Deuba instead of demanding the revival of a parliament that has been approved by the nation’s apex court. The fact is also that the King will perhaps never prefer to challenge the court’s verdict. Nevertheless, he can reinstate a government that he himself dissolved using the article 127. He can do so easily for the court has nothing to do with the dismissal of the Deuba'’ government.

If it is so then why the political parties now engaged in a jocular sort of "people’s movement" do not push this agenda which reinstates the Deuba government and restores normalcy in the country, politically speaking. If the big-5 assume that the King can reinstate the dissolved parliament then why don’t they think that the King can also reinstate the Deuba government? By the way, the restoration of the parliament or for that matter the restoration of the Deuba’s establishment will have to be materialized through the use of the same magic article 127. Both way it is the article 127 that will unknot the constitutional tangle plaguing the nation.

However, the big-5 will not push this agenda simply because it would be Deuba and not them who would benefit politically from this logical scheme.

The hidden fact is that it is these agitating parties who rejoiced when an elected government was dismissed but fell flat when the King denied them what they longed for—the post of the prime minister. The tussle is not for the preservation of the system and for the proper functioning of the constitution but for the post and nothing more than that.

If the King can reinstate the parliament why he can’t give a new lease of life to the dismissed Deuba government?

The charge to Deuba while being dismissed had been that he failed in conducting the elections on a time allowed to him constitutionally. The fact is also that the King himself, as Deuba bluntly puts it, through his two governments since October last has remained unable to even declare the dates for the elections. The King in all his honesty had instructed the governments he installed as per article 127 to prepare conducive atmosphere for the elections. But so far nothing in that regard has been accomplished albeit the German government has only recently aided the Election Commission some materials that could be used at time of the elections. This apparently means that the western democracies would wish Nepal going to the polls and bringing back the derailed system and the constitution to its original track.

Wisdom would be to reinstate Deuba’s establishment using article 127 but should be clearly instructed to hold the elections on time by not repeating the same blunder.

It would be better for the King to favor Deuba instead of obliging Koirala and Madhav Nepal. If it were so then the international community would greet the decision for so many "democratic and parliamentary" reasons. It is now up to the King to decide: whether to favor Deuba or heed to the demands of Koirala and Madhav Nepal under coercion.

Prachanda’s yes to talks saves Thapa’s sinking image

Kathmandu: Last week around this time the nation remained in a fix. A war like situation prevailed. The countrymen apparently saw dark clouds hovering over the country. The Maoists and the Government both perhaps had geared up themselves for a sort of civil war. Thanks the Thapa government modestly took up the political challenge that had come from the other quarter and very wisely averted the dangerous situation. Thanks the Maoists who too exhibited their keen desire, though reluctantly, the already deteriorated situation got better.

However, the fact is that though both have expressed their commitments for the third round of talks but still some reservations prevail.

The fact is that the Maoists have not yet completely said goodbye to violent activities. Sporadic events have been taking place across the country wherein they have been killing security personnel. The government is abreast of such events but yet has acquired a sort of utmost restraint fearing that the impending talks might not go to the dogs. The Maoists, nevertheless, have not stopped alleging the other camp for having violated code of conduct.

Thus a sort of subtle war is on but yet their promise for the talks remain intact. This is no less an achievement indeed.

The manner the Thapa set responded to fulfilling of Comrade Prachanda’s five point harsh conditions prior to the talks and the subsequent quick answers from the Maoists camp that they would come to the talks was simply superb which apparently gave the hint that both desired peace albeit on their own conditions.

The government had compulsions galore to heed to the demands of the Maoists. The fact is that the Thapa set was unable even to bring in the participation of political parties in the government. This was a grand failure indeed which had already been eroding the credibility of the Thapa establishment. Not only this, people within and without had been thinking that the Thapa cabinet was a total failure in the sense that it had not been able even to fulfil some of the instructions that His Majesty had told this government at time of its formation. Add to this, the Maoists too appeared not in a mood to accept it as a government. Not only this, Thapa as prime minister was being challenged by his own party colleagues for having minimized the role of the party at time of the formation of the government and many more others. To sum up, Thapa was a total failure both in the eyes of the Maoists and the agitating five parties.

Thanks that Comrade Prachanda’s last statement issued some five days ago saved his dwindling prestige when he accepted the offer of the government for the third round of the talks which tentatively is to begin by August middle.

The Maoists too had their own sort of compulsions. In effect, the rebellions used their known pressure tactics to press the government in order to extract greater concessions albeit political ones. Finally their tact did yield results and the government heeded to some of their demands and consequently released some of the Maoists leaders from prison. The other compulsion could have been that the rebellions thought that since the mood of the international community were not in their favor and hence very cleverly accepted the offer for talks. Secondly, the Maoists could have also thought that the RNA in the meantime must have enriched itself with new and sophisticated arms and weapons to deal with the insurgency should they back-out from the talks.

Thirdly, the United States factor. To recall, the Maoists had expressed their anger towards the United States and had demanded that they will attend to the talks provided the Nepali government told the US advisors to quit the country. The government politely rejected the Maoists claim and said that at the moment no US advisors were in the Nepali soil. Why the Maoists singled out the presence of the US personnel in Nepal is yet a mystery. However, the fact is that around the same time when the rebellions were expressing their anger towards the US, an editorial in the Times of India dated August 1 did talk about the US presence in Nepal. Coincidentally, the Maoists anger for the US matched with the content of the TOI editorial piece. Could be a mere conjecture.

Now that both the sides have agreed for the talks, one hopes that both express their political agenda and that too in clear terms. Let it be a give and take phenomenon.

For the time being, Thapa’s credibility remains intact. His political acumen will be watched how he convinces the Maoists and brings the insurgency into the mainstream politics.

But things will surely not proceed Thapa way.

Is Nepali politics heading for a change?

Kathmandu: Nepali politics is poised for a change, analysts predict.

That the politics is heading for a change gets reflected from the fact that an arrogant Girija Prasad has "appealed" the monarch to use article 127 and restore the now dissolved parliament. Koirala’s modesty this time around appears to have been guided by two things primarily: either Koirala knows that the King will not heed to his demands if he continues to exhibit his arrogance; or Koirala has been told to tone down his language and instead plead the King for obliging to his demands; it could be also that Koirala concludes that his captaincy of the agitation has already gone to the dogs and that he also knew in the meantime that a movement of the sort which he is waging will surely have no impact unless the people supported it. The fact is that the people don’t know about the agitation which the agitators claim to have already entered into its sixth phase.

The politics is about to change becomes also evident from the Maoists desire to see the King in person. The Maoists only recently expressed their desire to see the presence of the King in their would be talks with the government. In saying so the rebels apparently hint that the King’s role can’t be rejected and that he still holds power. Its corollary would be that the Maoists in some way or the other wish the King asserting his role which in their implied opinion remains dormant. Does all these mean that the Maoists wish an active monarchy in the country? Furthermore, the Maoists wish that the political parties too participated in their talks with the government. A significant change indeed which now puts extra pressure on the agitating five who still wish to refrain from their participation in the talks.

UML leader Bamdev Gautam too appears to advocate a serious role for the King in untangling the current political uncertainty. Deliberately or other wise, Gautam talking to Nepal television Saturday afternoon opined that the King must now come forward in settling the core political issues plaguing the country: firstly the current constitutional crisis and secondly the Maoists imbroglio.

Gautam wishes that the King acted actively in sorting out the present crisis. In saying so what Gautam means then? Is he suggesting the "constitutional monarch" to become an "active monarch" even if it were for a short duration. The Gautam utterances have come at a time when his own party leaders are up against the monarch alleging that the monarch has become an active monarch which he must have not.

The party says the monarch to limit himself to the stipulated constitutional limits. Bamdev Gautam from the same party pleads the monarch to exhibit his political acumen in settling the issues plaguing the nation. Contradictory statements indeed.

Analysts maintain that a personality of Gautam’s stature must not have uttered so unless he was advised to speak so. If, for a moment, we consider that he was told to speak so, doesn’t it mean that there has been a substantial change in the UML vis-à-vis the Nepali monarchy?

The King hints that he doesn’t wish to exceed the limits but yet remains adamant in listening to the cries of the agitating five.

Perhaps tired by the continuing Nepali political crisis, the international community has begun ventilating that the King too shouldn’t linger the problems indefinitely. Some powerful donors have greeted Thapa’s decision to invite political parties in the talks with the Maoists. " I am consequently extremely pleased that there is now agreement to invite all political parties to the negotiating table and that this is a significant step towards an all inclusive process which Denmark believes is a precondition to an enduring solution", said the leader of high powered Danish delegation last week in Kathmandu. If it were any clue, what could be drawn from the Danish wish is that the entire donor community would wish the participation of all the political parties in the talks with the Maoists.

All in all, the politics appears really heading towards a change. However, who is the catalyst for this change is yet uncertain.

Annan favors Nepal’s peace process

KATHMANDU, July 30-- Secretary-General of the United Nations Kofi Annan, in a statement issued from UN Headquarters in New York at the fag end of the last month, has said he has been following with keen interest the peace process in Nepal in which His Majesty's Government of Nepal and the Communist Party of Nepal (Maoist) have for the last several months been engaged in negotiations to find a peaceful solution to the conflict that has caused the loss of thousands of lives and considerable suffering to civilians since 1996.

"While a ceasefire that came into effect in January of this year has been holding and the sides have engaged in a series of formal and informal discussions, the process has faced serious obstacles in recent weeks and has reached a critical stage." said Kofi Annan.

The Secretary-General has welcomed the continued expression by the Government and the Maoist group of their commitment to a peaceful solution and has appreciated the intense efforts that are ongoing at present to overcome the hurdles and has urged the parties to persist with these efforts to bring the process back on track. The Secretary-General has stated that he remains at the disposal of Nepal to assist the achievement of a negotiated peaceful solution, states a press note recently issued by the UNDP in Kathmandu

Joint Appeal of the businessmen
Amatya sees conspiracy against Fulbari Resorts

Kathmandu: Pretty annoyed by the action taken against Piyush Bahadur Amatya, the Chairman of the Fulbari Resorts, Pokhara, by the CIAA at the instigation of the Nepal Bank Limited Irish management, a sizeable chunk of Nepali businessmen have expressed their displeasure over the biased action against Mr. Amatya and have issued a joint appeal suggesting the government not to terrorise the businessmen henceforth.

The joint appeal reads in part: "It is well understood by every citizen of the nation and even by His Majesty’s Government of Nepal itself that the economy of the nation has been greatly ruined because of all these unfavorable events that took place in the national and the international arena in the last few years. Needless to admit the economy of this nation has even more devastated by the state of insecurity that is prevailing in this country because of the internal war that is going on in this land for more than a decade. The nascent phase of industrialization of this country has come to a halt. It is well realized by the government that the hard hit, because of the crisis, among the industries is the Tourism Industry. Not a single unit of Trade, Commerce and Industry in this country has been able to operate successfully because of the recession that has been observed in the financial activities of this nation. In the present context neither a single unit of Trade or Industry nor a group of Industries have been able to run with their optimum capacity. The impact is: they are not being able to meet even the administrative expenses of their organization. The financial obligations towards their lenders has become their distant dream. Therefore it has been sincerely appealed by the Private Sector to His Majesty’s Government of Nepal for bringing some rehabilitation packages so as to give a sustainable environment to these down trodden industries. It is appreciable that the Government has given some affirmative opinion in this direction.

In such pathetic environment of Trade and Commerce that the nation is undergoing, the private sector traders and industrialists has been terrorized and startled by the legal process that has been initiated for the bad loans that are existing in the commercial banks. This type of action has not only further deteriorated the current financial state of the Trade, Commerce and Industries but it has also spoiled the existing interpersonal relationship between the bankers and traders or the industrialists. Their conviction towards the bankers has been adversely effected and they have been compelled to live in the distressed state of mind.

So far the outcome of the negligence and weak managerial strategies that has been put by the bank, the same should be solved by their own efforts. But despite having sufficient margin of the Fixed Assets, owned by these business houses, over their liability that they oblige to the banks, the so called legal process that has been initiated towards them is nothing but an aggressive attitude of giving pain to the trustworthy business people of this country. This action lands nowhere except terrorizing and making them scary. The ultimate impact of which is definitely a massive destruction of the financial structure of the nation which will be named a Tragic Financial Accident in the history of Nepal.

In a real sense the banks and business people are the two parts of the single coin. Existence of either is next to impossible in the absence of another. Therefore, in this state of financial emergency that has taken place in the trade, commerce and industries of the nation; it is strongly appealed to the concerned sector that the recovery process of the loans should be rescheduled so as to suite the financial state of the industry and to make a policy to invest and recover further loans in a very pragmatic way. Besides in such a circumstances where loan recovery process has been governed by its own act and regulations of every banks of the country and an institution with its own enactment’s for the loan recovery has already been set up in this county, it is strongly appealed to the concerned sector to concentrate itself only on its proper road map and not to indulge a separate institution to terrorize and horrify the traders and industrialists in the name of loan recovery process"

Telegraph adds: In the meanwhile, Mr. Amatya has alleged that the Irish management is hell bent on selling the Fulwari complex for its loan recovery without consulting the owners of the Resorts in Pokhara.

Mr. Amatya has alleged that a sort of grand conspiracy is being hatched against him and his Fulbari resorts which he says must come to a halt.

He made these observations while talking to a group of select Nepali journalists Monday.

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