Political Crisis and Newly Developed Scenario in Nepal

G. P. Koirala, President, Nepali Congress, Nepal

Disdaining of Democratic Ideals:

Increased pressure of the people’s peaceful movement, donor communities’ serious concern1 and utter failure of the King’s two puppet governments to protect lives and properties of the people, form an all party government and to create a conducive environment for holding free and fair elections; forced the king to think about the changing of the leadership of the government. This time the king- apparently gave an impression that he wanted to install a person without deposed Panchayat system background. In the process, the King began his consultations not only with parliamentary political parties-, which were in the agitation, but also gave audience to the leaders of coup de graced ancien regime2. Mention may be made here that Mr. Deoba- who was responsible for dissolution of House of Representatives- due to which the political situation of Nepal rapidly deteriorated,3 and the King began clutching power by making the constitutional provisions derailed; was enough lucky to get altogether four consultation audiences from the monarch! Immediately, he was predicted as the next Prime Minister by an independent source.4

Finally, the royal palace secretariat came out with a press statement in which it asked all Nepalese- aspiring the job of premier, to tender his or her application at the royal palace secretariat, before 5 pm!5 As expected, students, women, and so many other tendered their applications, including a few political persons- who have been close to the palace and had Partyless authoritarian system’s background.6 Actually, such an unusual process­ taken into consideration by the palace has never ever been experienced in the political history of Nepal! At bottom, in view of modus operandi opted by the palace, I felt that the king disdained the parliamentary process and democracy.7 Consequently, none of the parliamentary- yet agitating parties responded the palace secretariat’s appeal.8 In the same late evening, Mr Deoba once again got consultation audience and later in the next morning he was- to one’s surprise, appointed Prime Minister by the king, 9 who had sacked the former for his incompetence!! 10

New Government’s Status:

The newly appointed head of the government Mr. S. B. Deoba- who was sacked by the king two years ago labeling him as an incompetent Prime Minister since he could not conduct the elections in the stipulated time, has enigmatically been re-considered by the king himself as an appropriate person for the same task viz. holding of the parliamentary elections by mid-April 2005, and maintaining law and order situation- apart from formation of an all party government.11 The reality is that- after the king claimed the state sovereignty on October 4, 2002, his two consecutive governments- headed by LB Chand and also S.B Thapa, in two long years of time, did not carry out the same task whereas the article 53(1) of the present 1990 constitution categorically stipulates that the country must not stay without parliament for more than 6 months.12 In other words, after the dissolution of parliament- there must be a new house in place in six months. Understandably, none of the king’s governments worked in this connection positively.

The new government enjoys the same status as its predecessors- after October 4, 2002. This government- as also in the case of the other two in the past, has been formed under article 127 of the constitution.13 It enjoys the rights that work in favor of the King in order to enhance the latter’s power.14 An example, in this connection, is that the first king’s government- led by Mr. Chand- under 127 article, of course on the wish of the king, promulgated a Work Execution Regulation (WER)- that enabled the king to have massive grip in the bureaucracy and government. Latently, this has now become the precedence in politico-administration- unless the king realizes his unconstitutional mistake. According the paper reports- Mr. Deoba- who has ruled out the possibility of UN mediation- which is one of the major demands of donors, 15 is requesting the king to allow him to abrogate/amend the regulation.16 Even if he is allowed to do so by the king, the latter can ask another prime minister- in future, under 127 articles, to repeat the same again. Therefore, mere asking one Prime Minister to formulate such anti-democratic regulations and allowing another to nullify the same; and in the meantime grasping the power through conventions- by the king; will not solve the process of constitutional derailment in the country.

Elections and Proximate Scenario:

Nepali Congress also is very much interested to participate in the free and fair elections. We also, therefore, want elections are held soon. But, political and law and order situation is distressing. In consideration of the wish of the king- the newly installed government of Deoba- as the other two governments in the past also did, is now making propaganda of the holding of the fresh elections in the stipulated time-frame whilst there is no sign of an improvement in the security situation, rather it has been the same. People- in general, have been unable to restore their lost confidence to participate as electorates in the much publicized elections. In short, there is no conducive political as well as security environment for the free and fair elections currently in Nepal.

Besides, if- in the present political situation- in which there has been a deep crisis of confidence between parliamentary parties and the King due to the latter’s interference in the governance, if elections declared, there will be another noxious cycle of violence.17 Parties will definitely try- throughout the country, to educate the people about the unconstitutional royal moves- that have undermined the peoples’ sovereignty and also at the same time 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 of the parties. 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 proximate interplay a spiral of lethal violence would be likely in society.

The Problem

1. The 1990 constitution- which has widely been regarded as the most democratic and progressive document in the annals of Nepalese constitutionalism, is in peril. The democratic institutions and constitutional bodies have been in doldrums owing to the King’s unconstitutional steps and the Maoist insurgency.

2. The governments- under article 127 of the 1990 constitution- as long as misused by the king- as per constitution drafters, can not bring the derailed constitutional process back on track. If one studies the political phenomena- after the king took over in October 2002, he or she will find that due to the misuse of 127 articles of the constitution, there has been an established precedence of making and unmaking of governments, dictating them to formulate and abrogate rules and regulations in favor of the king, and more over, instructing his governments to run the country through ordinances for indefinite period!

In other words, period of articles 127, under 1990 democratic constitution, is the period of an absolute monarchy in Nepal!!

3. There has been descending Civil Military Relations, 18 and the King- because of his political arnbition,19 has been ruling the society through Unified Command as he heads it.

4. Because of the king’s ulterior motive to clutch political power, 2O he has been engulfed in deep political as well as constitutional disputes.

5. 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 catalyst, quiescently. Yet, despite the massive mobilization of development fund in strengthening the military might by the King’s governments, the 9 long years Maoist problem has neither been resolved nor been contained.

6.The crown needs to be safeguarded through accountability and transparency of the royal palace. It is imperative- in the face of the categorical stand of the Chief of the army Prajwal Shamsher J. B. Rana, who- after the palace massacre; on record denied that the security of the royal palace was the responsibility of the military. 21 The task to protect and preserve the constitutional monarchy- which has been the symbol of national unity of the country, has now become the responsibility of the elected government directly accountable to the sovereign parliament.22 Such a constitutional arrangement is imperative in order to guarantee the security and well being of the Crown in future.23

Underpinnings of Resolution

1. Unlike in other countries of the world, one of the major factors- that has been causing instability in modern Nepal is an abrupt change in the political structure. After unification in 1769, country’s power structure suddenly changed in 1846 that paved the way for the rise of authoritarian Rana oligarchy. Likewise, such abrupt changes also occurred in 1951, 1954, 1959, 1962, and 1990. The changes in 1959 and 1990 periods, nevertheless, has relatively been resilient to all hostile forces unlike in other past episodes in which ruling force always repressed the dissenting voices of the ruled. With this anecdote, I should 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 the present political structure of society.

2. The reactivation of the 1990 constitution is imperative. For this, we need to get rid of the rule of the king- under 127 articles, as soon as possible since it has been misused by the king.24 It is possible only if parliament or House of Representatives is revived or is in place.

3. Since there is no conducive environment for holding of the free and fair elections for the new House of Representatives; the reinstatement of the dissolved House of Representatives- which is achievable constitutionally also, is the need of the hour. According to the experts and authors of the present constitution- in the light of the 1990 constitutional previsions, the nation should not stay without the House of Representatives beyond six months. And, if elections could not be held within stipulated period; the dissolved parliament should automatically be revived.

Panorama of Resolution:

1. The present Nepal needs proceeding ahead with progressive agendas in all respects i. e. reforms in political, economic, social and cultural realms; placing people’s interest at the center. However, while introducing the reforms, the fortitude of continuity and change should not be undermined. In this connection, we need to- first of all, bring the derailed constitution of 1990 back on track. For that matter, the existence of House of Representatives is imperative, which will help forming an all-party government of people’s representatives. The restoration of the House of Representatives shall help reactivating the constitutional organs fully and the representative government would genuinely initiate a dialogue to bring the Maoists in the mainstream of society. In the meantime, restoration of parliament would definitely help extricate the King from all current political controversies.

2. With the existence of House of Representatives- a constitutional venue of the sovereign people, and formation of an all-party government out of the parliament; the latter would take care of the genuine demands of the insurgents. Even if the demands are beyond the current constitutional ambit- the parliament would make necessary amendments to the constitution by taking into account the constitutional clauses,25 in order to bring insurgents in the mainstream politics.

International Issues:

1.I believe that the source of terrorism- in the contemporary human world, is the extreme religious fundamentalism- be it Islam/Christianity or Hindu cult26 and radical communism which need to be dealt with doggedly.

2. In this era of global village- owing to the revolution in the transportation and communication systems; the problems such as human rights violations, assaults to democracy environmental pollution and transnational crimes viz. terrorism, drug trafficking etc in the southern hemisphere- is and must be the concern of northern hemisphere as well and vice-versa.

3. Needless to say, in this righteous task of heralding peace by restoring democratic process in Nepal, the assenting role of the friendly international community is, indeed, crucial!

(Note: This paper was prepared on 18th of June and is updated on 5th of August 2004)

Footnotes

1.Joint Statement: On 19 November 2003 the donors- Canada, Denmark, European Commission, Finland. France, Germany, The Netherlands, Norway, United Kingdom, Swiss Agency for Development Cooperation, jointly issued statement asking all concerned to reactivate democratic process, formation of representative government, respect of human rights and negotiation of dialogue with the rebels without pre­conditions. They said these were the essentials far the external development assistant.

2.During the meet, the agitating parties raised the issue of transferring the sovereignty to the people. Please see The Kathmandu Post, May 19, 2004

3 Report of Amnesty International, entitled Nepal: A Deepening Human Rights Crisis, December 2002. recognized that the political situation of Nepal deteriorated rapidly after Prime Minister Sher Bd. Deuba on May 22, 2002 asked King Gyanendra Bir Bikram Shah Dev to dissolve the House of Representatives and call for elections. See document’s page 4, paragraph 5‘".

4 The Kathmandu Post, April 25, 2004 S The Kathmandu Post, May 31, 2004.

6 All together 35 names were registered. See The Kathmandu Post, June 1, 2004

7 By asking people’s representatives as well as all sections of society- if aspiring, to register their names for the post of premier at the palace secretariat.

8. Enigmatically, Mr Deoba’s name was not among 35 candidates who registered their names in the palace secretariat. The Kathmandu Past, May 31, 2004.

9. The Kathmandu Post, June 2, 2004

10.Mr Deoba was- on October 4, 2002; sacked by the king as the former could not hold elections on time.

11 Palace’s conditions for the persons aspiring for becoming PM. See The Kathmandu Post, May 3 1, 2004. 12. The Constitution of the Kingdom of Nepal 2047 (1990), His Majesty’s Government, Ministry of Law, Justice and Parliamentary Affairs, (Article53-1), page 40.

13 According to the constitution- it is an article to remove difficulties, if arise (see The Constitution of the Kingdom of Nepal p. 97). But, as per constitutional experts, owing to the misuse of this constitutional provision by the king- the article has created difficulties, in stead. See The Constitution of the Kingdom of Nepal p. 97

14 The king appointed Mr. LB Chand- a defeated candidate in the elections, as Prime Minister in violation of Article 36 (4 and 51 sub-clause b of the 1990 constitution which clearly states that one can not be the Prime Minister if he or she ceases to be a member of the House of Representatives. Interestingly, the Prime Minister formulated a WER to enable the king to interfere in the politics and administration of the country. See The Constitution of the Kingdom of Nepal, p. 24 for the clause that does not allow a non-member of House of Representatives, to become Prime Minister.

15. One of the demands of donors- include Canada, Denmark, European Commission, Finland, France, Germany, The Netherlands; Norway, United Kingdom, Swiss Agency for Development Cooperation; was to take into account the support extended by UN Secretary General The Kathmandu Post dated 6-6-2004 16 16. Please see- The Himalayan Times and The Kathmandu Post, dated 16-18 June, 2004.

17 "Political State of Affairs: Elections will deepen crisis," April 7, 2004, The Himalayan Times, Kathmandu.

18. There are various reports- published by Amnesty International and also by Nepal Human Rights Commissions, which raise an accusing finger at Royal Nepal Army- which has been heading the Unified Command under the direct leadership of the King. The army even does not respect court orders. According to The Kathmandu Post dated May 27, 2004; the Amnesty International indicts Nepal for human rights violations. It says that people filed 58 cases of habeas corps petition at the Supreme Court but security forces did not cooperate with. The Royal Nepal Army summarily executed 19 people alleged to be Maoists after arrest in Dor in August 17, 2003

19 Shiv Gaunle, "Difficult Journey," in Himal News Paper, 16-30 July (page 30), 2004.

20.Washington Times: World Briefings, www.washingtontimes.com/wo...8/4/2004

21. It is also reported that there has been use of lethal weapons and illegal drugs in the palace. Please see Report Submitted to His Majesty the King of Nepal by the High Level Committee for Probing Royal Palace Massacre Incident, 2058, Kathmandu, Nepal, p. 166

22.The Nepali Congress Party says that all security forces, including the royal army, should be under total control and be in command of the cabinet of the government. See press release of party, dated January 20, 2003, Kathmandu, Nepal.

23 It is reported that the crown prince Paras opened fire in a 5 star luxurious Everest Hotel at Baneshor. According to the crown prince has been indulged in unusual behavior. Because of his unusual behavior ­two people have already been killed in the past Please see Crown Prince’s Another Incident ( Kand) in Himal News Paper dated 16-30 July, 2004 (page 25).

24. The drafters of the present constitution- including Mr Bisho Nath Upadhya, are of this view.

25.The preamble of constitution recognizes the sovereignty of the people and while defining The Nation, the constitutional provision again accepts the supremacy of the people. In view of these articles of the constitution, the parliament- of which the king is also a part, can change or introduce necessary provisions such as referendum/constituent assembly etc. Please see preamble and Articles 2 & 3 in The Constitution of the Kingdom of Nepal 2047 (144Q), His Majesty’s Government, Ministry of Law, Justice and Parliamentary Affairs, pp. l-3.

26. One would be surprised to know that King Gyanendra Bir Bikram Shah regards himself as the incarnation of god Vishnu. The King, a few months ago held World Hindu Convention in Kathmandu, had allowed his feet being touched by the conservative Hindus- including the Hindu leaders from India!

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