Stalemate in Nepal

Padmaja Murthy, INFA

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.

Source: Central Chronicle, September 24, 2007