House restored: What next? (Nepalnews Analysis) Published on: April 25, 2006

The reinstated House has tasks cut out for it, which are no less daunting from any yardsticks.

By Pratibedan Baidya

Deserted Look: House of Representatives building at Singha Durbar

As the popular movement of seven political parties was getting to new height, His Majesty King Gyanendra announced the reinstatement of the dissolved House of Representative (HoR) on late Monday as per the demand of the seven political parties. Now, the question looming large is:: What next?

The country has faced various ups and downs following the dissolution of the House of Representatives on May 22, 2002, that was elected in 1999. As the country witnessed three handpicked Prime Ministers and the 14 month long direct rule of the King, the political and economic problems became more complicated.

The seven political parties—who worked reached in to a 12-point understanding with the Maoists in last November– had been demanding reinstatement of the HoR as an entry point to try to resolve complex political and constitutional problems facing the country. “The reinstatement of the House alone will solve half of the problems facing the country,” said Girija Prasad Koirala, who had been championing the cause ever since his disciple-turned- rival Sher Bahadur Deuba recommended dissolution of the parliament almost four years ago.

The first meeting of the SPA after the King reinstated the HoR on Tuesday said top priority would be accorded to the election of the constituent assembly to draft a new constitution that will decide the fate of the monarchy, among others, in the country. The alliance expressed hope that the rebels would also join the interim government after the date for elections to the constituent assembly were announced.

Spokesman of the Nepali Congress (Democratic) party, Dr. Minendra Rijal, says the reinstated parliament will move ahead as per the “roadmap” charted out by the seven political parties.

“Since the King cited people’s movement 2006 as the reason behind the reinstatement, it was not necessary for him to cite any article of the constitution.” — Former minister Nilamber Acharya

“The first and foremost job of the reinstated House is to create conducive environment for the elections of the constituent assembly and, thereby, bring the Maoist rebels into the peaceful political mainstream,” Dr. Rijal told Nepalnews. “We must recollect that the Maoists have agreed to lay down their arms if the election for the constituent assembly is held,” he added.

“Though the SPA is yet to decide about the tenure of the SPA, I think it will not convene for a long time as facilitating the constituent assembly elections environment is the main agenda of the present HoR,” Rijal added.

“Since the SPA is ready to hold elections for the constituent assembly, the Maoists should be ready to discuss issues including ceasefire and management of weapons before announcing the dates of the election of the constituent assembly and forming an interim government with the participation of the Maoists,” Rijal added.

One of the drafters of the 1990 constitution and law minister of the interim government formed after popular movement of 1990, Nilamber Acharya said that the reinstatement of the HoR was an outcome of the people’s movement as cited by the King in the royal proclamation.

According to Acharya, the reinstated House can amend the constitution so as to go for elections for the constituent assembly and bring Maoists into the interim government prior to holding elections for the constituent assembly.

When asked why HM the King did not cite any article in the 1990 constitution while proclaiming the reinstatement of the House, Acharya said since the King cited people’s movement 2006 as the reason behind the reinstatement, it was not necessary for him to cite any article of the constitution.

A member of the reinstated HoR and leader of People’s Front Nepal, Lilamani Pokhrel, too, agrees that the main duty of the reinstated HoR is to hold elections for the constituent assembly.

The firebrand leftist leader, however, is not totally satisfied. “We suspect that the latest move of the King might be a ploy on part of the monarchy to diffuse peoples’ aspirations towards constituent assembly and democratic republic, but we have taken it as an achievement of the people’s movement and will move accordingly,” he added.

According to Pokhrel, tenure of the incumbent parliament would depend on how soon the aforementioned agenda is completed.

Senior advocate and member of the Upper House of the parliament, Radheshyam Adhikari, too believes that since the reinstatement of the dissolved HoR was a political decision, there was no need to be limited within any article of the constitution. “It is a political decision taken as a result of the people’s movement,” he said.

According to Adhikari, there is no need to go for an interim constitution for the election of the constituent assembly and including Maoists in the interim government to be formed for holding the elections for the constituent assembly.

In a statement issued on Tuesday, Maoists rejected the royal proclamation and urged people to continue their peaceful protest programmes unless elections for the constituent assembly is announced.

This means that the Seven Party Alliance—including its leader GP Koirala—are going to have a tough time ahead to strike a balance between people’s aspirations for peace and stable democracy in the country and a fairly complicated political process that would seek to mainstream the Maoist rebels that have been waging the armed rebellion for the last one decade.

And, deciding the fate of monarchy in “New Nepal” will be no less a daunting challenge. nepalnews.com Apr 25 06

House restored: What next? (Nepalnews Analysis) Published on: April 25, 2006

The reinstated House has tasks cut out for it, which are no less daunting from any yardsticks.

By Pratibedan Baidya

Deserted Look: House of Representatives building at Singha Durbar

Back in action: The House of Representatives building in Singha Durbar (File Photo)
As the popular movement of seven political parties was getting to new height, His Majesty King Gyanendra announced the reinstatement of the dissolved House of Representative (HoR) on late Monday as per the demand of the seven political parties. Now, the question looming large is:: What next?

The country has faced various ups and downs following the dissolution of the House of Representatives on May 22, 2002, that was elected in 1999. As the country witnessed three handpicked Prime Ministers and the 14 month long direct rule of the King, the political and economic problems became more complicated.
The seven political parties—who worked reached in to a 12-point understanding with the Maoists in last November– had been demanding reinstatement of the HoR as an entry point to try to resolve complex political and constitutional problems facing the country. “The reinstatement of the House alone will solve half of the problems facing the country,” said Girija Prasad Koirala, who had been championing the cause ever since his disciple-turned- rival Sher Bahadur Deuba recommended dissolution of the parliament almost four years ago.

The first meeting of the SPA after the King reinstated the HoR on Tuesday said top priority would be accorded to the election of the constituent assembly to draft a new constitution that will decide the fate of the monarchy, among others, in the country. The alliance expressed hope that the rebels would also join the interim government after the date for elections to the constituent assembly were announced.

Spokesman of the Nepali Congress (Democratic) party, Dr. Minendra Rijal, says the reinstated parliament will move ahead as per the “roadmap” charted out by the seven political parties.

“Since the King cited people’s movement 2006 as the reason behind the reinstatement, it was not necessary for him to cite any article of the constitution.” — Former minister Nilamber Acharya
“The first and foremost job of the reinstated House is to create conducive environment for the elections of the constituent assembly and, thereby, bring the Maoist rebels into the peaceful political mainstream,” Dr. Rijal told Nepalnews. “We must recollect that the Maoists have agreed to lay down their arms if the election for the constituent assembly is held,” he added.

“Though the SPA is yet to decide about the tenure of the SPA, I think it will not convene for a long time as facilitating the constituent assembly elections environment is the main agenda of the present HoR,” Rijal added.

“Since the SPA is ready to hold elections for the constituent assembly, the Maoists should be ready to discuss issues including ceasefire and management of weapons before announcing the dates of the election of the constituent assembly and forming an interim government with the participation of the Maoists,” Rijal added.

One of the drafters of the 1990 constitution and law minister of the interim government formed after popular movement of 1990, Nilamber Acharya said that the reinstatement of the HoR was an outcome of the people’s movement as cited by the King in the royal proclamation.

According to Acharya, the reinstated House can amend the constitution so as to go for elections for the constituent assembly and bring Maoists into the interim government prior to holding elections for the constituent assembly.

When asked why HM the King did not cite any article in the 1990 constitution while proclaiming the reinstatement of the House, Acharya said since the King cited people’s movement 2006 as the reason behind the reinstatement, it was not necessary for him to cite any article of the constitution.

A member of the reinstated HoR and leader of People’s Front Nepal, Lilamani Pokhrel, too, agrees that the main duty of the reinstated HoR is to hold elections for the constituent assembly.

The firebrand leftist leader, however, is not totally satisfied. “We suspect that the latest move of the King might be a ploy on part of the monarchy to diffuse peoples’ aspirations towards constituent assembly and democratic republic, but we have taken it as an achievement of the people’s movement and will move accordingly,” he added.

According to Pokhrel, tenure of the incumbent parliament would depend on how soon the aforementioned agenda is completed.

Senior advocate and member of the Upper House of the parliament, Radheshyam Adhikari, too believes that since the reinstatement of the dissolved HoR was a political decision, there was no need to be limited within any article of the constitution. “It is a political decision taken as a result of the people’s movement,” he said.

According to Adhikari, there is no need to go for an interim constitution for the election of the constituent assembly and including Maoists in the interim government to be formed for holding the elections for the constituent assembly.

In a statement issued on Tuesday, Maoists rejected the royal proclamation and urged people to continue their peaceful protest programmes unless elections for the constituent assembly is announced.

This means that the Seven Party Alliance—including its leader GP Koirala—are going to have a tough time ahead to strike a balance between people’s aspirations for peace and stable democracy in the country and a fairly complicated political process that would seek to mainstream the Maoist rebels that have been waging the armed rebellion for the last one decade.

And, deciding the fate of monarchy in “New Nepal” will be no less a daunting challenge. nepalnews.com Apr 25 06

Daytime curfew in Kathmandu on Monday Published on: April 24, 2006

The government imposed 7-hour long day-time curfew in the valley on Monday as well as the pro-democracy activists continued their protest against the royal proclamation demanding restoration of total democracy.

Issuing separate public notices, local authorities in Kathmandu and Lalitpur districts clamped shoot-to-kill curfew orders from 11 a.m. to 6p.m. on Monday.

This is the fifth consecutive day the local authorities clamped down day-time curfew in the valley.

The government imposed 11-hour long day-time curfew on Sunday.

However, the pro-democracy activists defied the curfew orders and organized demonstrations in various parts of the capital during the curfew time.

King Gyanendra in the royal proclamation on Friday said he had returned the executive power to the people as per the Article 35 of the Constitution of the Kingdom of Nepal and asked the agitating seven-party alliance to recommend a name for the Prime Minister.

However the SPA termed the proclamation as a ploy of the King to weaken the movement of the SPA and decided to continue the ongoing pro-democracy movement. nepalnews.com pb Apr 24 06

Maoists attack Chautara Published on: April 24, 2006

At a time pro-democracy movement of the seven political parties is continuing, Maoists launched simultaneous attacks on the Royal Nepalese Army’s Naya Srinath Battalion and security forces deployed nearby to guard the repeater tower of Nepal Telecom in Chautara on Sunday night.

According to locals Maoists swarmed into Chautara bazaar and attacked the RNA barracks and security forces.

Locals of Chautara are terrorised after the attack.

The Maoists also attacked the district police office later. Roads leading to the district headquarters were blocked and Maoist militias were seen in large numbers at different places.

However detail of the incident is not immediately available. nepalnews.com pb Apr 24 06

Security forces using excessive force: NHRC Published on: April 24, 2006

The National Human Rights Commission (NHRC) has said that security personnel have been found using excessive force without prior warning, to control peaceful and unarmed demonstrations of the seven-party alliance.
A press statement issued by the NHRC said, “NHRC has recommended to the government to immediately stop excessive use of teargas, baton charging and even firing bullets without prior warning, while controlling unarmed and peaceful demonstrations.”

The national rights watchdog wrote a letter to this effect to the Office of the Prime Minister on Sunday, after it found abuse of human rights by security forces in the name of controlling pro-democracy demonstrations.
The NHRC expressed deep concern over the authorities’ failure to develop a mechanism to allow ambulances, health workers, media and human rights organizations to move around.

Similarly, NHRC has also asked the government to immediately release all detainees arrested in the course of the ongoing pro-democracy movement of the country.

The national human rights watchdog has also appealed to the seven-party alliance to arrange for transportation of necessary goods like medicines, foods and fuel as the general strike has made people’s life difficult. nepalnews.com pb Apr 24 06

Five Maoists, one soldier killed in Chautara attack (update) Published on: April 24, 2006

At least five Maoists and one solider were killed during a clash between Maoists and security forces at Chautara of Sindupalchowk district on Sunday.

A press statement issued by the Ministry of Defense (MoD) said Maoists launched simultaneous attacks on the Royal Nepalese Army’s Naya Srinath Battalion, Nepal Telecom, District Administration Office, District Police Office and district jail on Sunday night.

The clash that started at around 9 p.m. on Sunday evening continued till 4.15 a.m. Monday morning.

Security forces Monday morning recovered five bodies of Maoists while a soldier was killed in the attack, the statement added.

According to the statement, Maoists planted bombs at District Hospital, District Education office and the District Post Office.

The statement further said the security force repulsed the Maoists’ attack with strong retaliation.

Four civilians who were injured during the fight are undergoing treatment at Birendra Hospital Chauni.

Roads leading to the district headquarters were blocked and Maoist militia were seen in large numbers at different places, reports quoted locals as saying. nepalnews.com pb Apr 24 06

Govt under Article 35 can make political decision: AG Nirala Published on: April 24, 2006

At a time when there is debate about the use of Article 35 after His majesty the King has called on seven party alliance to form a government that enjoy executive power as per Article 35 of the constitution of the Kingdom of Nepal 1990, Attorney General (AG) Laxmi Bahadur Nirala has made it clear that the government with executive power as per Article 35 of the Constitution of the Kingdom of Nepal, 1990 can take political decision and that the decision would be enforced.

Talking to state run Radio Nepal, Attorney General Nirala said as per Article 35 of the Constitution, the government with executive power can run the administration of the state.

According to Article 35 (3), the responsibility of issuing general directives, controlling and regulating the administration of the Kingdom of Nepal shall, subject to the Constitution and other laws, lie in the Council of Ministers.

The work to be carried out by His Majesty would be only upon recommendation and decision of the Council of Ministers, AG Nirala said. As all the works except those to be carried at His Majesty’s discretion would be carried out as per the decision of the Council of Ministers there is no reason to have any doubts over it, he said. nepalnews.com pb Apr 24 06

International communities have not supported King’s move: Experts Published on: April 24, 2006

Foreign policy experts and former ambassadors have said that the friendly countries, which have reacted to King Gyanendra’s recent proclamation in which he has promised to return executive power to the people, are not supporting his proclamation but only expressing concern over it.

They said that foreigners have expressed their concern, not supported the King’s message.

Speaking at an interaction on Sunday, former envoy Lok Raj Baral said, “Friendly countries have only advised the King to stop being stubborn. They have not supported his proclamation.”

He said that some foreign countries have not yet understood the ground reality in Nepal, adding, “The political leaders should remain united and fight for an inclusive democracy, a demand of the people participating in the stir.”

Former minister Sailendra Kumar Upadhaya said the people’s movement was giving a “historical message” and that the problems should be addressed through a Constituent Assembly.

Former Secretary General, of South Asian Association for Regional Cooperation (SAARC), Yadav Kant Silwal said that the friendly countries should be made aware of the reality in Nepal.

Another former diplomat Rajeshwor Acharya said: “The movement has also given the message to the Maoists that they had better lay down arms and enter mainstream politics.”

UML leader Jhala Nath Khanal said: “If this situation continues, we will be compelled to restore the House, form a government and run the Constituent Assembly from the street.”

Earlier, the international communities including the UN, USA, EU, Canada, India and China have taken King Gyanendra’s address in a positive note and have welcomed it. nepalnews.com pb Apr 24 06

CEPJAR expresses concern over political situation of Nepal Published on: April 24, 2006

Christian Efforts for Peace, Justice and Reconciliation (CEPJAR), has urged all to find the solution of the present problem through all-party conference, interim government and the election of the constituent assembly.

A press statement issued by the CEPJAR has said that election to the constituent assembly is a must to address the current problem as the seven political parties and the Nepali people have already rejected the King’s call to recommend the name of the Prime Minister.

The statement further said, the CEPJAR is gravely concerned over the present political situation of the country and added that it is expressing its concern over the political situation of the country time and again. nepalnews.com pb Apr 24 06

Demonstrations continue; over 15 injured; TU postpones exams Published on: April 24, 2006

Pro-democracy activists have continued to defy the curfew orders imposed by the local administrations and continued demonstrations demanding restoration of complete democracy in the country, on Monday, the 19th day of the indefinite general strike called by the seven party alliance (SPA).

According to latest reports, pro-democracy activists carried out protest rallies in Chabahil, Gongabu, Patan, Bhaktapur, Narayangopal Chowk, Kalanki and other places calling for people to join the protest programme of SPA on Tuesday.

According to Nepal FM, a private FM station, over 15 people were injured when police baton charged and used tear gas shells to disperse the protestors near Narayan Gopal Chowk.

Demonstrations were going on in Chabahil, Gongabu, Kalanki, Mangalbazar of Patan, Tahachal and Bhaktapur areas at 2:30 p.m.

The SPA that is planning to hold a major showdown in the capital on Tuesday is organizing various programmes for the publicity of the Tuesday’s protest programme.

Sunday’s meeting of the Central People’s Movement Coordination Committee announced to stage a Ring Road-centered peaceful demonstrations in Kathmandu and protest rallies in all cities and towns around the country on Tuesday.

Top leaders of the SPA will address the rallies.

Likewise, FM reports said rallies and protests continued in major towns in various districts across the country on Monday as well.

A report from Pokhara said various professionals including teachers, students, legal practitioners, health workers, human rights activists and political parties organised separate rallies from different parts of the city.

In Biratnagar, students and party activists organised rallies. No vehicles plied on the roads.

In Nepalgunj, political workers, teachers, government employees, women, hotel workers and legal practitioners took part in the rally.

Likewise, demonstrations were held in Butwal, Bhairahawa and Rupandehi districts.

There have been no reports of violence till 2:30 p.m.

The SPA has decided to continue their protest programme even after King Gyanendra, in the royal proclamation on Friday, said he had returned the executive power to the people as per the Article 35 of the Constitution of the Kingdom of Nepal and asked the agitating seven-party alliance to recommend a name for the Prime Minister.

According to reports, 14 protestors were killed and 5,000 injured till Sunday in course of the ongoing pro-democracy movement of the country.

Meanwhile, following the political unrest in the country, the Tribhuvan University (TU) postponed all exams of Bachelor level 2nd year until further notice.

In a notice issued by the exam control office of the TU, the TU postponed the examination of all faculties – Humanities, Education, Science, Law and Commerce slated from May 4.

TU has already postponed the 3rd year exams of the same level. nepalnews.com pb Apr 24 06