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Round The World
Stalemate in Nepal
DOUBTS ABOUT ELECTIONS
By Padmaja Murthy
New Delhi, September 21, 2007
Nepal appears to be heading for turmoil once again, with
the Maoists quitting the interim coalition Government led by
Prime Minister Girija Prasad Koirala and threatening to return
to the streets if the country was not declared a republic
immediately.
The first casualty of the Maoists action seems to be the
disruption of the year-long peace agreement between the CPN- M
and the political parties. With the election process already
on uncertainty now looms large on whether the 22 November
elections to the Constituent Assembly will go ahead as
scheduled. Given the Maoists threat to derail the poll plans.
It appears that the Maoists action was dictated by the
feedback that they may not get a sizeable share in the seats
Assembly and they had started having second thoughts on the
entire political process initiated in the last few months. In
fact, the Maoists wanted some dramatic shift like the
abolition of the monarchy to swing votes in their favour. With
the ruling Nepali Congress unwilling to go along with this
type of change it has resulted not only in a stalemate between
the Party and the Maoists but also put a question mark on the
election process.
The genesis of the problem has it roots in the Jan Andolan II
of April 2006 which forced King Gyanendra to restore the House
of Representatives, dissolved in May 2002.When the House met
in late April, it committed itself to holding the elections
for a Constituent Assembly and a Government under Prime
Minister Koirala was formed. The HOR declared itself a
‘sovereign,’ ‘secular’ and ‘supreme’ body, brought the army
under civilian control, dissolved the royal Privy Council and
cut the power and privileges of the King. A 25-point Code of
Conduct was also drawn up between the Maoists and the
Government during the ceasefire period.
In November 2006, the Maoist Chairman Prachanda signed a
historic deal with the Seven Party Alliance (SPA). The SPA
consists of the Nepali Congress, Nepali Congress (Democratic),
Communist Party of Nepal (UML), Jan Morcha Nepal, Nepal
Workers and Peasants Party, Nepal Sadbhavana Party (A) and
United left Front.
Among other things, it called for elections to the
Constituent Assembly (CA). Having had their way, the Maoists
had successfully changed the political agenda in Nepal. Thus
began the transition process in Nepal. With a clear goal to
hold the Constituent Assembly elections.
The CA so elected would then draft a new Constitution which
would transform the socio-politico-economic structure of
Nepal, making it both democratic and inclusive. Given the
consensus, the CA would also declare Nepal a republic.
Prachanda also signed the historic Comprehensive Peace
Agreement which declared the end of war that had been going on
since 1996 between the Maoists and the Government. The
tri-partite agreement on arms management of both the Nepali
Army (NA) and the Maoist People's Liberation Army (PLA) was
concluded between the UN, the Government and the CPN-(Maoist).
In January this year, an interim Constitution promulgated by
the SPA and the Maoists set-up a 330-member interim
legislature which included 73 from the CPN (Maoist). The
22-member Cabinet which included 5 Maoist was headed by Prime
Minister Koirala. From being branded as terrorists the Maoists
were now partners in the Government.
The transition period, so far, has seen instances of great
statesmanship and flexibility. Sadly, what stands out is the
extreme violence, use of arms, abductions, extortions,
killings and rigid stands taken by various groups. Resulting
in serious reservations about whether the Constituent Assembly
elections would be held at all as scheduled on 22 November
2007.
Nepal, a country with a population of over 30 million has more
than 100 ethnic/caste groups and over 93 languages. Post Jana
Andolan II, many of these ethnic/caste groups – some old and
some new are asserting for their rights once again. They
believe that unless they have enough representatives elected
in the CA, their political space will not be guaranteed which
in turn will determine their economic and social space.
While the interim legislative Parliament agreed on a mixed
electoral system, they are now demanding complete proportional
system for the CA elections. The demand on the nature of
federalism and autonomy and self determination varies from
group to group. They want assurances on all these aspects
before the CA elections are held. What has complicated matters
is that these groups, like the Maoist insurgents, have adopted
extreme violent means to put forward their demands.
The agitations in Terai have become a major cause of concern
.The Government held four rounds of talks with the Madhesi
Janadhikar Forum (MJF) but could not reach an agreement on key
issues. It has called other agitating groups in the region for
dialogue. The Janatantrik Mukti Morcha (Jwala Group) has
ordered officials, hailing from the hills to leave the Terai
plains, thereby vitiating the already tense atmosphere.
Moreover, some of these groups have violent conflicts among
themselves and also with the Maoist affiliated Madhesi groups.
The Chure Bhawar Ekta Samaj has been demanding security and
protection of rights of people of hilly region living in
Madhesi region and an autonomous status for Chure Bhawar
region.
The Government has held several rounds of negotiations with
the Nepal Federation of Indigenous Nationalities (NFIN). It
has also agreed to at least one representation of the 59
listed ethnic communities. The NFIN too has climbed down from
its demand for a fully proportional representation based
elections to the CA. The indefinite bandh called by Sanghiya
Limbuwan Rajya Morcha and Khumbuvan Rashtriya Morcha (KRM)
continue to paralyse life in eastern districts. There are
agitations by the Dalit Civil Society Movement calling for 20
per cent reservation for the Dalit community in the
Constituent Assembly.
On the other hand the Maoist affiliated Young Communist League
is engaging in indiscriminate abductions and torture. Going
back on its earlier consensus, the Maoists now want a Republic
declared before the CA elections. They are also demanding a
fully proportional electoral system and not the mixed
electoral system agreed to by them earlier. The second round
of verification of the Maoist combatants and arms by the
United Nations Mission in Nepal (UNMIN) is also facing
problems due to non-compliance by the Maoists.
In sum, all these issues need to addressed before the
Constituent Assembly elections. The agitating groups need to
realize that the CA elections will benefit them. For that law
and order needs to be maintained. Importantly, the Constituent
Assembly elections are a means to an end and not an end in
itself. Only when the process of drafting a new Constitution
concludes can Nepal be said to be out of the transition
period.
It is the only real chance of stability in Nepal. Between Jana
Andoaln I and Jana Andolan II, the politico-socio-economic
agenda of Nepal has permanently and positively changed.
Whoever comes to power has to address the legitimate
grievances of the marginalized sections of society. The CA
elections will institutionalize the gains made so far and take
the transition process further. If the civil society in Nepal
is any indication, they will choose stability to anarchy.
Further with the support from international actors, it is a
task which needs to be accomplished. ----- INFA
(Copyright, India News and Feature
Alliance)
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