Present Situation in Nepal
Political Crisis and Prospects of Resolution - Girija Prasad Koirala, President Nepali Congress, NEPAL

Primarily, it is the principal duty of the academic realm to record and make people of society aware of the on going political process. However, in this ominous political situation in Nepal, I as a citizen, working for multiparty democracy, constitutional monarch, and promotion of human rights: also should make attempts to document a few important political events that have been taking place in our society. With this sole objective, I am entering to record some of them here

The present 1990 constitution has two major facets: democratic institutions and constitutional bodies. The former is made directly by the people through elections while latter are appointed by Constitutional Council- comprised of people's representatives namely Speaker of the House of Representatives, Leader of the Opposition in the Lower House of Parliament, the Chairman of the National Council, Prime Minister; and also the head of the judiciary i.e. Chief Justice. The democratic institutions. as per constitution mainly include parliament, local-self governments and national political parties while the constitutional bodies include Commission for Investigation of Abuse of Authority (CIAA), Public Service Commission, Auditor General, Election Commissioners et cetera. The latter institutions are appointed by the Constitutional Council. (1) If one meticulously studies he or she will shockingly find- particularly after the royal takeover of October 4, 2002, that the democratic institutions and constitutional organs either are dismantled or are being tried to be made irrelevant.

1. Democratic Institutions in Doldrums

According to the present constitution, the status of political party is unsolvable and could not be restricted. (2)They represent the will of the general people. Political parties such as Nepali Congress and UML, alone enjoy the support of more than 85% seats in the dissolved House of Representatives. They have secured as much as 90% votes polled in the last parliamentary and local elections and are the largest political forces in Nepal. Despite this, the King ignored the voices of major parties and appointed L. B. Chand and S. B. Thapa- with ancien Panchayat authoritarian regime background, as Prime Ministers! Both the governments of the King not only enhanced the financial status of the latter but also appallingly encouraged the interference of the king in day-to-day administration of government. As part of design, with a view to undermine the authority of political party, Prime Minister Thapa has even refused to accept the existence of his own RPP. Recently Prime Minister Thapa has categorically stated that he was accountable to the King and the people- not to the party. (3)

According to the constitution, the legislature or the parliament- consists of House of Representatives and National Assembly including His Majesty. (4) The former house is made on the basis of direct elections while the latter chamber- which is 60 member council, is represented through the royal nominations (10), by House of Representatives (35) and the Electoral College consisting of chief and deputy-chief of Village and Town Development Committees, and chief and deputy-chief of District Development Committees (rest 15 members).(5) The House of Representatives and local governments- which are the life blood for National Assembly, have been dissolved and are made non-existence for an indefinite period. Moreover, to one's surprise the King's government nominated all the members of Rashtriya Prajatantra Party (RPP)- who have been championing the cause of absolute monarchy; in the vacant posts of District Development Committee, Municipality and Village Development Committees, throughout the country.(6) Consequently, in absence of these peoples' institutions; the National Assembly is about to die. Incongruously, this institution shall be having the King's nominees only if political impasse continues!

2. Constitutional Bodies under Attack As per 1990

A per 1990 constitution, there shall be a Constitutional Council- comprising of Elect Prime Minister, Chief Justice, Speaker of House of Representatives, Chairman of National Assembly and Leader of Opposition in House of Representatives- for appointing the officials to constitutional bodies.(7) Currently, the council lacks Chairman of National Assembly and Leader of Opposition in the House of Representatives. The tenure of the Speaker of House of Representatives is going to be completed, shortly. Moreover, the Prime Minister- with ancien Panchayat background is not the person recommended by political parties having overwhelming majority in the dissolve House of Representatives/local governments and also in the uneasily breathing National Council; rather the Prime Minister is the King's nominee.

The Constitutional Council's decision to appoint individuals in the already vacant posts of the constitutional bodies by the earlier government (8) became controversial -when the King 's Prime Minster S.B.Thapa categorically denied that there was any recommendation in that regard to the King, Whereas- another member of the same Constitutional Council- speaker of the House of Representatives Mr. TN Bhat, publicly asserted that the meeting of the Constitutional Council had already made a decision in regard to the constitutional bodies.(9) Later to every one's surprise, on the occasion of Shu-Shobhan at the royal palace, the King Gyanendra directly asked the Prime Minister, Chief justice and Speaker of House of Representatives- all the members of Constitutional Council, to replace the name of Mr Bhoj Raj Pokharel- who was chosen by the earlier meeting of the constitutional council- by Keshabraj Raj Bhandari in the post of Chief Election Commissioner:(10) And, accordingly arrangements were made by the Constitutional Council by sending three names to the king for the latter to have comfy position to select the person of his choice. This move by the King and the members of the council has been regarded as unconstitutional.(11)

3. Descending Civil-Military Relations

It is sad to say that the nation could not witness the situation of the total civilian control over the army even after the promulgation of the people sovereign constitution in I990! The nascent multiparty democracy of Nepal is in peril also owing to extremely poor civil military relations. Firstly, the military- I regard it as an educated and disciplined force, and is supposed to serve the nation and her sovereign people. However, the force has been widely considered as the army of Shah King (I2). Unfortunately it has still been used to carryout the wishes of the king and to protect his sheer political interest. It- even after the promulgation of democratic constitution in 1990, inconveniently did not cooperate with the elected government on the instruction of the King! When elected government wanted to mobilize the army against Maoists terrorists, the former was not obliged with and due to which the elected Prime Minister- i. e. myself had to resign. Moreover, I am also informed by Mr. M. K. Nepal- the leader of UML, that the military deceived the elected Prime Minister, on the instigation of the King Gyanendra. To one's surprise, the former was told about this by the latter. Secondly, on the pretext to deal with the Maoists, recently all administrative tools are brought under the Unified Command controlled by the military, which has been headed and mobilized by the King himself. People in general, on the other hand- in absence of their representatives and government have been victimized at a greater scale by the security forces while dealing with the Maoists.(13) Besides, on several issues the royal army has declined to respect the Supreme Court notices,(14) and behaved irresponsibly,(15) of course on the instruction of the King and his government. In spite of a major chunk of budget exhausted on the security forces, at the cost of development activities such as poverty alleviation and building of infrastructure; there is no encouraging sign of improvement in the civil-military relations. The wrangling between the two legitimate and illegitimate militia, in the meantime, has latently promoted the process of militarization in society.

4 King Invites Controversies

Before 1990, the sovereignty used to lie with the absolute monarchy. However, as per the 1990 constitution, now the sovereignty of Nepal has been vested into the people (16) The royal decree of October 4, 2002 and the Kings consecutive steps, have attempted to deny this constitutional fact. (17)

According to the constitution, the status of the present King is constitutional.(18) In other words, he is titular head. After becoming His Majesty, King Gyanendra expressed his views- in the media, in which he said that he had no problem if country goes for Constituent Assembly,(19) Nepal needs a refined democracy (20) and he wanted to be constructive in the constitution.(21) In harmony with his wishes, the King has been witnessed busy injecting corrosives on the democratic as well as constitutional institutions.

The King, while he has been in controversy, in the meantime, asked the Raj Parishad to mobilize support of people for him. As a result, the Raj-Parishad has been engaged organizing various meetings throughout the country. Mention may be made here that such meetings are regarded as unprecedented and unconstitutional, (22) as per 1990 constitution. At the same time, the King is also busy in receiving the Civic Receptions organized by the stalwarts of the ancient Partyless Panchayat regime, whilst the entire society has been bleeding because of the internal conflict!

Of late, the King has made a move with a view to coerce/allure the fourth organ of the state i. e, media. (23) King Gyanendra vehemently criticized the political parties for their 12 years performance under multiparty democratic dispensation (24) and showed his intention to run the country authoritatively. (25) He reiterated this in his address while receiving peoples reception in Nepal-Ganja, Western Region of Nepal. (26)

5. Paradox of Development Aid

In Nepal, so many friendly nations and international donors have been providing aids in order to help Nepalese people. However, in the present conflict situation, I feel that these aids are being directly and indirectly used against the people. The funds- aimed at helping poor, infrastructure development and progress of Nepali society; have dormantly been employed to strengthen the both legitimate and illegitimate militia. The government formally siphoning, the taxpayer's aid to empowering the military might- since it is close to the palace; while an the other hand, the developmental agencies- that have been working in the countryside; are forced to pay levy to the Maoists. In other words, legitimate and illicit military might have been empowered. And, paradoxically, the reports of Amnesty International and Human Rights organizations indicate that there has been excess from the side of the security forces and terror has been unleashed by the Maoists- and people and their representatives- in general, have been the target of the both- deliberately or inadvertently.

6. Elections and Possible Scenario

The present government- considered as unconstitutional by all parliamentary political parties, is now making propaganda of the holding of the fresh elections. For this purpose, it also claims of the law and order situation under control of the government. However, in reality, the situation is -just opposite. There is no sign of an improvement in the security situation; instead, it has gradually been deteriorated,(27) due to increasing violence by Maoists and abuse of human rights by security forces. People- in general, have been unable to restore their lost confidence to participate as electorates in the elections in a free and fair manner. In other wards, there is no conducive political environment for the elections. Besides, if- in the present political situation- in which there has been a deep crisis of confidence between parliamentary parties and the King, the former are forced to take part; there will be another noxious cycle of violence. In that proximate conflict, parliamentary parties having popular base- which have been the targets of' the two legitimate and illegitimate militia, shall be confronting with the latter. Parties will definitely try- throughout the country, to educate the people about the unconstitutional royal moves- that have undermined the peoples' sovereignty and also will flay the Maoists' terror. The forces of monarchy- including the royal military heading the Unified Command in the districts- which have substantially been empowered after October 4, 2004, shall challenge the allegations. On the other hand, the Maoists- with an aim to disrupt scheduled elections and also to terrorize the people of area in order to maintain their illegitimate authority over secluded people in countryside; let loose their brutality at a greater level. Unfortunately, in this lawful and unlawful interplay among three contending forces viz. parliamentary parties, the King and Maoists; another cycle of deadly violence will take place which may ultimately detonate the country as a failed nation.

7.My Speculations

I feel that the King Gyanendra- who controls the entire administration of the Kingdom through Unified Command, and his government have been moving on to jeopardy the 1990 constitution. The King's veiled desire is to divide the entire Nepalese society into large two- extreme left and extreme right hostile camps, marginalizing the centrist or the mainstream parliamentary parties-which are tile product of 1990 constitution and have been working for it. The King perhaps thinks- if so happens; his position would relatively be advantageous in the eyes of international community. At bottom, King's this move is causing damage to all constitutional organs of the 1994 constitution. The democratic forces are pushed to the wall leaving no alternative to them but to go for nationwide agitation to protect the 1990 constitution. My haunch is also that the King wants a government of his choice even to hold parliamentary as well as local-self government elections. He needs it in order to manipulate the election results to bring his loyalists in the lower house of parliament- who would help; firstly in legalizing his current controversial actions; and secondly in trying to enhance the King-s political clout further in the constitution.

CONCLUSION

The Crux of Problem

The 1990 constitution- which has widely been regarded as the most democratic and progressive document, in the annals of Nepalese constitutionalism based on West-Minister's Model; is now in peril. The democratic institutions and constitutional bodies have been in doldrums owing to the King's unconstitutional steps and the Maoist insurgency. 'The King's governments are reviving the forces of deposed Panchayat rule. There has been descending Civil Military Relations and the King has attempted to rule the society through Unified Command. Because of this, the constitutional King has been engulfed in deep political as well as constitutional disputes that have led to a bottomless crisis of confidence between the King and parliamentary political parties. On the other hand, the process of militarization of society has further been encouraged owing to continuous wrangling of legitimate and illegitimate militia and misuse of development aids-, which have become catalysts, quiescently. Yet, despite the massive mobilization of development fund in strengthening the military might by the King's governments, the 9 years old Maoist problem has not been resolved, as yet. Besides, the present government has been running the country through the ordinances- including the matters of treaty such as membership to WTO (28) far indefinite period?

Steps for Resolution

In such a difficult situation, the first solid step in resolving the present political stalemate is to reactivate the derailed 1990 constitution. In this context- since there is no conducive environment for holding the free and fair elections for the new House of Representatives; (29) the reinstatement of House of Representatives is essential. Still experts and authors of the present constitution believe that the reinstatement of dissolved House of Representatives is achievable constitutionally also. According to them, in the light of the 1990 constitutional provisions, which stipulate that the nation must not stay without the House of Representatives beyond six months; if election, could not he held within said period; the dissolved parliament should automatically be revived. I know that the term of dissolved parliament is going to be lapsed shortly, even then, I am of the firm view that the restoration of the House of Representatives shall, help reactivating the constitutional organs fully; it would extricate the King from all current controversies, such a political environment shall block the republican voices in society, and peoples' government formed out of the parliament, would genuinely initiate dialogue with the Maoists in order to bring the latter in the mainstream politics of society by empowering people further.

Unlike other countries of the world, one of the major factors- that have been causing instability is an abrupt change of political structure, since the foundation of modern Nepal. After unification, in 1769, the country's power structure suddenly changed in 1846 that paved the way for the Rana oligarchy. Likewise, such abrupt changes took place also in i951, 1954, 1959, 1962, and 1990. The latter period of change, nevertheless, has been resilient to all hostile forces unlike in other past episodes in which ruling force always repressed the dissenting voices. With this anecdote, I must say here that, in view of unstable political history of Nepal- caused by terse change in polity, the fortitude of continuity and change, therefore, must be taken into consideration while introducing a change in political structure of society in order to help stability.

March 24 2004

References:

1. The constitution of the Kingdom of Nepal (1990); 2. Ibid. p.88; 3. The Himalayan Times, Nov20/03; 4. The constitution of the Kingdom of Nepal (1990); 5. op.cit.pp34-36; 6. The Kathmandu Post, Feb3/04; 7. op cit.94; 8. The Kathmandu post, Aug22/03; 9. Rt.Hon Speaker-TKP&THT, Nov7/03; 10. TKP, Nov23/03; 11. TKP&THT, Nov26, and 28/03; 12.Sachit S.J.B.Rana retired general of Army, paper Peace Process and Negotation in Nepal…p3, workshop Nagarkot, Swiss Dev Corporation Feb20/04; 13. Several Amnesty Internation and HR report 14. TKP Mar10/04 and THTFeb6/04; 15. TKP Dec23/04 and THT Dec25/04; 16. The constitution of the Kingdom of Nepal (1990); 17. While dismissing the government the King stated that Raj Kiye Satta-the sovereignty of the nation, was lying with him!; 18. The constitution of the Kingdom of Nepal (1990); 19. Interview with Mr Ram Chandra Neopance, Jan Satta Weekly; 20 Message of the King(Dashin, 2002); 21 The Nepal fortnightly Mag, 2003; 22 THE Nov17,19/03 23. Kantipur and Rajdhani Daily; 24 Time Magazine Feb 2004, Jan Aastha Weekly Feb 11/04 TKP Feb19/04, HDR report 2002 UNDP, New York; 25. TKP March1/04; 26. The Rising Nepal, Feb8/04; 27. www.nepalnews.com; Mar23/04; 28. The treaty required ratification by the lower house of parliament- as it essentially needs to have the participation of the people of the concerned nation. ; 29. nepalnews.com Mar4/04; nepalnews.com Mar23/04

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