Demanding For Election Date

August 4, 2006
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At a time when the Seven Party Alliance government and the Maoists have shown little enthusiasm regarding the announcement of the elections date for the Constituent Assembly and, thereby, prolonging the life of the present government, civil society members have come out in the street demanding the date for the elections. For the first time in last few months, Nepal ’s civil society members have come out in the streets with a genuine demand to enfranchise the people. When pushing for such a genuine demand, civil society must choose a civilized way of conducting agitation and not resort to disrupting the lives of common people

By KESHAB POUDEL

For the first time in the last three months, Civil Society members led by Dr. Devendra Raj Pandey, Krishna Pahadi and others staged a peaceful Dharna at Ratnapark, the main street of capital Kathmandu . As usual, the traffic of the city was forced to a standstill creating problems for the common people.

Holding placards with various demands like announcement of the date for the elections of Constituent Assembly, interim constitution, formation of interim government and dissolution of present House of Representatives and actions against the security personnel involved in oppression of People’s Movement II, the civil society launched a fresh agitation. All do not agree with all the demands put forth by them but their major demand calling for the announcement of the date for the election of CA is a common demand of people of all walks of life.

The elections, whether it is for constituent assembly or any legislative body, is a medium through which people choose their own representatives to run the country’s affairs. “The power center has been changed again by Janandolan II from traditional center led by the King to the democratic center elected by the people. Therefore, there ought to be no room anymore for nominated intermediary parasitic power centers. The more this class of nominated persons gets the space and time, the more vested interests of the class multiplies with all its inherent evils. Sooner the people elect representatives of their choice better it is for all,” said an analyst.

Although there are disagreements over the ways of conducting the agitation, no one can oppose the genuine demand of civil society members. Civil society needs to do introspection and correction about the ways of conducting agitation though. By creating traffic problems for the common people, civil society cannot justify their demands.

“Since some regressive elements are hatching conspiracy against the elections of Constituent Assembly, our aim is to expose such conspiracy and press the government to announce the date for elections,” said Krishna Pahadi, leader of Civil Society movement for peace and democracy. “Members of House of Representatives and some leaders of seven parties alliance are, knowingly or unknowingly, working to encourage regressive forces. If the date for the elections is announced, all of us will go to the village to campaign for democratic republic.”

This is for the first time when civil society has come out in a street with reasonable and genuine demand pressing the government to announce the date of elections for Constituent Assembly (CA) as soon as possible. Those who provoked civil society to follow unreasonable courses in the past seem to be now criticizing them for their recent actions. Even the populist media have found little time to defend this agitation organized for genuine demand.

“Civil society must initiate some civilized ways of conducting demonstration and agitations. One of the most civilized methods of expressing disagreements with the establishment was set by Bertrand Russell, famous philosopher, while protesting against nuclear weapons and war,” said the analyst. ”If such protest could be held in the street of London without any nuisance in the street, why that cannot be tested in Nepal . The elites of this society know much about democratic and civilized ways of protests as most of them were educated in western institutions.”

One section of political activists including the leaders of seven parties hold the view that the recent agitation organized to press the government to announce the date for the CA is not in the interest of stability and Loktantra. Despite their commitment to Loktantra, they see the agitation announced by civil society will help regressive forces.

Although he did not openly oppose the agitation of civil society, CPN-UML leader Jhalnath Khanal cautioned various civil society leaders not to launch any agitation which will strengthen the hand of regressive elements. “Civil society members are raising good demands but they must see whether their demand will benefit the interest of Loktantra or regressive forces,” said Khanal.

Nepali Congress leaders, too, hold the view that this is time for constructive cooperation not confrontation. “There are various elements who are trying to exploit the present political transition. Thus, all those who backed the agitation for Loktantra must maintain restraint,” said Nepali Congress leader Ram Chandra Poudel. “Everyone has right to criticize the government in Loktantra but it must not benefit regressive elements.”

Leaders of mainstream parties want to prolong present transition period without announcing the date for elections. The announcement of elections date will shorten the political instability as well as life of the government ending the mechanism to rule the country without popular mandate.

“If someone wishes to shorten the political instability in Nepal , the date of elections for Constituent Assembly should be announced as soon as possible,” said the analyst. “Thus, one of the civil society members’ demands to hold the elections for CA is logical and reasonable. Their important demand to dissolve the House of Representatives implies that members of CA will have function as parliamentarians. Otherwise the precondition to dissolve the HoR will have no relevance.”

Everybody is talking about CA but nobody is talking about the modality of CA and its functions after holding the elections. The function of CA and its role is going to be very crucial for the country. Even the civil society members are yet to discuss the fundamentals to be included in the CA.

“Till the constitution comes out from CA, its members must have the power to function as a parliament. The CA must have power to nominate prime minister and to have the government on a prime ministerial form,” suggested the analyst. “Prolonging the election for the CA for indefinite period would prolong uncertainty and instability with dangerous implications, Some vested interests in power at present are interested to have an interim constitution without popular representation as long as possible.”

The CA must have both the power of making the constitution and running the government. It must have power as much as in the present parliament. Besides that it would have power to enact laws including the fundamental laws.

Priority On Weapons Management

From prime minister Girija Prasad Koirala to home minister, and other leaders of seven party alliances, the priority for them is now the decommissioning of arms and ammunition rather than the elections for CA. “The government will announce the date for CA only after the Maoists lays down their arms,” said deputy prime minister and foreign minister K.P. Sharma Oli. “We cannot hold the free and fair elections as long as the management of the arms and ammunition of the Maoists.”

The Maoists, however argue that they will not lay down their arms as long as the elections for the CA are held. “Don’t think we are here to surrender our arms and ammunition. We will hand them over only after the elections for the CA,” said Dinanath Sharma, member of Nepal Communist Party-Maoist.

As the government wants Maoists to lay down their arms first and Maoists argue for the CA elections and arms management together, it is inevitable that the present transition will be prolonged for indefinite period.

Nepalese have bitter experiences in 1950 about the elections of CA as it was finally dropped following nine-years-long political instability. If the Maoists and the SPA government do not find any compromise, the elections for CA may turn into fiasco as it was in the past.

Some believe that the government can do both the announcement of elections date as well as the process of decommissioning the Maoists arms through the international and domestic arrangements. If government announces the elections for CA, Maoists too will be under pressure to lay down arms. At a time when the United States is pressing the Maoists to lay down the arms, the announcement of elections date will further press them to surrender their weapons.

In his recent meeting with prime minister Girija Prasad Koirala, US ambassador to Nepal James F. Moriarty reportedly stressed the need to stop the rebels from joining the government until they laid down arms. The Himalayan Times reported that Moriarty told Koirala that “ Washington was very very concerned about what could happen in Nepal at a time when the government has been struggling to deal with the rebels sternly.”

Implications of Instability

The instability in Nepal may invite several seen and unseen external interests to play their games. A small country between two big neighbors is always vulnerable for their roles to influence politics of this country and entering into competition to gain upper hand.

R ecently, Nepal ’s two neighbors have already shown their concern over the prolonging instability and its implications to their own security.  Indian foreign secretary Shyam Saran in his recent visit to Nepal stressed the need for peace and stability in Nepal . Indian intelligence agencies have hinted that Nepalese Maoists supply their weapons to Indian Mafias.

Similarly, in his recent visit to Nepal , Chinese vice minister for Foreign Affairs Wu Dawei, too, suggested the need to bring peace and stability in Nepal .

American, European and Japanese continue to hold the view that the Maoists should lay down their arms and join the political mainstream. Japanese senior vice minister Yasuhisa Shiozaki, who returned Saturday following his two-days visit, stressed the need to manage the arms before Maoists join the government.

“Control and management of arms is the most important part in the peace process. If Nepal wants, we are ready to send elections monitoring missing in the interest of free and fair elections,” said Shiozaki.

“ Nepal should create a situation by itself in which cold war situations between major powers of the region get unlearned. Once the election is held, many of the confusions, worries and tensions of the common people will have a just and democratic redress,” said the analyst. “Let the Maoists be baptized. Instead of pushing them to violent ways of life, it is better to involve them for their reeducation and reorientation for constructive role in politics.”

Confusions And Contradictions

After the formation of Loktantrik government of seven party alliance, the day to day life of common people became very uncertain as road blockades became a regular phenomenon in the valley as well as other parts of Nepal . Since the date of elections for CA is yet to be announced, uncertainty rules the minds of people.

“A truly popular government backed by a fresh opinion of the people would subside frustration and pessimism which is rampant at present. This civil society group is reasonable in the sense they have not emphasized much on interim constitution. Other agencies or groups of persons would prejudice the public opinion by involving in an irrelevant debate for the form of the interim constitution and, thus, the formation of interim government,” said the analyst. “This comical drama of drafting interim constitution will have no sense if the date of elections for CA is announced. If the genius is available to draft an interim constitution within 15 days, it would not be impossible to find out a team of elections commissioners who cold hold the elections within next four months.”

Nepal has a long expertise and institution to hold the periodical elections on schedule. “Such elections were held in a few months preparations in the past when the parliament were dissolved for mid-term elections. That can be done in a faster speed now because of development of transport and communication in recent years. The question of law and order also would not be a barrier. The arms management debate is a ploy to prolong the status quo in power without any scrutiny and accountability of the common man.,” said the analyst. “The present power position has become so dangerous that there is no check and balance in its actions. The King has been pushed behind the four walls of the palace and naked sword is hanging over the heads of judicial bodies including the judges of Supreme Court. Rayamajhi commission has been maneuvered for humiliating ex-chief justice of the SC as well as the former speaker of House of Representatives.”

“As long as the uncertainty prevails over the forms of next constitution, the issue of holding the elections for CA may be prevented and it will again create chaotic situation ripe for the agitation III (Janandolan III),” said the analyst. “The general opinion of the people showed they were not so confused and anarchic when the present constitution was in complete operation during the last three parliaments. All the confusions came out after the postponement of elections for indefinite period after the October 4, 2002 . In these four years, the people were pushed aside having no say in the government and the legislation of the country.”

Following the dismissal of then government led by Sher Bahadur Deuba, several unstable governments were formed and dissolved instead of holding the elections. “The King was unwisely advised to head the government which was completely against the constitution. In fact, the constitution got a very unjust treatment that time and now for its no fault. It is going to be torn out as a waste paper. Let any constitution come, it will not have any miraculous power till it gets respect and allegiance from all and particularly from the persons who hold the real power. In Nepalese context, he who holds a position in the power has greater freedom to use or misuse it in accordance to his/her character,” said the analyst.

“The HoR will support the government to announce the date for the elections of CA,” said Subas Nembang, speaker of House of Representatives. “Members of parliament also want to see the CA elections.”

The Role of Civil Society

In a situation when uncertainty is prevailing over whether the elections for the CA will be held or not, members of civil society can press the government and the Maoists to create the conducive environment for the CA elections.

“If the date of elections is announced, the atmosphere of the country will change. We will also start our campaign for democratic republic,” said Pahadi.

The politicians who want to prolong the interim period and reap the beneficiary power keeping the sovereign people away from polling booths have allured civil society members offering substantial number of seats in interim parliament.

The Maoists who demands 30 percent reservations for civil society members have attempted to lure them. Persons in power are also trying to woo the vocal leaders of civil society offering them substantial positions.

Although the country’s major political parties have been talking about the need to write the constitution through the constituent assembly, the leaders are yet to show the interest to frame the modality of Constituent Assembly. The time is now to announce the date for elections of CA, which will make the people as a real power to chart their own destiny.

Courtesy : Spotlight

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