Parties Pushing Nepal To Failed State Status

Yuba Nath Lamsal

The seven politi cal parties have mutually agreed to defer the Constituent Assembly election scheduled for November 22 this year. This is the second time that the election has been postponed. Earlier, the election was to take place in June. But it was postponed as the government failed to make the necessary preparations for holding the election. The government and the seven-party (now six-party) alliance were responsible for the election postponement in June.

Blame

Now the blame has now been put squarely on the Maoists by the six-party alliance for the postponement of the November election. However, the Maoists have denied the accusation and say that the government is responsible as it could not create the necessary conditions for holding free and fair polls.The peace process is intact as all the constituents of the six-party alliance and the Maoists apparently seem to be committed to the peace process. However, the political process on which the peace process has hinged appears to be tumultuous and shaky. The political process that was initiated to institutionalise the peace process is heading towards collapse.

The bottom-line of the political process is to establish a democratic federal republic and total restructuring of the state through an elected Constituent Assembly. This was clearly mentioned in the comprehensive peace agreement (CPA) reached between the then seven-party alliance government and the Maoists. The interim constitution and the interim parliament were also made in the same spirit.With the twice postponement of the Constituent Assembly election, a sense of doubt has crept in the minds of the voters that the Constituent Assembly election may not take place at all. It shows that all the political actors and forces are not committed to holding the Constituent Assembly election. It is so because these forces are not confident of their strength and position in the election.The problem started with the non-compliance of the comprehensive peace agreement and also the spirit of the interim constitution. The interim constitution had clearly stated that Constituent Assembly election should be held in the June of 2007. The government did not make any preparations to meet the deadline of the election set by the interim constitution.

The violation of the constitution and the CPA and breach of promise began right from this point. Later the constitution was amended to suit their interest in which the dates for the Constituent Assembly election were rescheduled for November 22.When it comes to non-compliance of the promise and agreement, the government again is in the forefront. It was agreed that several measures would be taken before going to the polls. The first responsibility of the state was to ensure perfect law and order so that the people could freely and fearlessly participate in the election. But the law and order situation continued to deteriorate. Several armed groups appeared in the Terai, and some hill-ethnic groups also sprang up threatening to take up arms if their demands were not met.The government has not been able to tackle these issues effectively and maintain law and order. The other issue of non-compliance is related to the allowances and conditions of the Maoist combatants living in the cantonments. The government did not release the allowances in time. The condition in the camps is so inhuman and poor that even UNMIN has raised this issue several times.

As far as the Maoists are concerned, they, too, cannot escape blame. They were part of the government and they failed to exert pressure on the cabinet to take necessary measures for the creation of a conducive atmosphere for the election. If the government failed, the Maoists, too, have a share in it. Their withdrawal from the government is not a solution.Moreover, there are certain things the Maoists have done that are not compatible with the CPA. On the eve of the election, the Maoists suddenly raised two political issues that ultimately caused the postponement of the election. The issues the Maoists have raised are genuine and they must be adhered to. However, the timing does not seem to be appropriate.The issue concerning a full proportionate electoral system was first raised by the CPN-UML when the interim constitution was being drafted. The provision of a proportionate election system could have been incorporated in the interim constitution, and the issue would have been solved long ago, if the Maoists had raised this issue when the constitution was being drafted. But the Maoists failed to realise it earlier, and they have raised this issue now which shows their political immaturity.

Moreover, the other parties were not fully prepared to go to the polls, although they had publicly expressed their commitment to hold the election on time. Had the parties been fully prepared and committed, they would have gone to the people with their election programmes. But the Maoist move has given an opportunity to other political forces to blame the Maoists for the postponement of the election.Internally, the other parties, too, are happy with the election deferral. The postponement of the election is a move to block the smooth political process. Although the Maoists appear to have blocked the November 22 election, all the political forces are in one way or the other responsible for this.Nepal has already suffered very badly due to political instability. The frequent postponement of the election and breach of promises by the political parties have raised serious questions about the legitimacy and credibility of the government in the international community.In the same way, people at home are slowly losing faith in the ability of the parties and their leaders. If the election is postponed frequently and the country is governed without a popular mandate, the chaotic situation will continue to grow, which would ultimately push Nepal towards the status of a failed state.

By agreeing to postpone the Constituent Assembly election, the seven political parties have agreed to make Nepal into a failed state. No political force can escape from the blame. All constituents of the seven parties as well as the Maoists are equally responsible. This situation has only benefited the Monarchists and regressive elements that do not want the election at all as the election, if held, would eliminate the monarchy from Nepal.The Constituent Assembly election was aborted in 1951 by the king. Now there is sufficient ground to raise the question whether the election would be held at all. It is the process of making a people's constitution and involving the people in the process. In the present political equation, the Nepali Congress, CPN-UML and the Maoists are the chief actors.

Dignified presence

Making a constitution without the active participation of all these three forces would be a futile exercise. In this constitution making process, the parties must not think who will win or lose in the election. But arrangements should be made so that all these forces have a dignified presence in the Constituent Assembly. For this, the leaders of Nepali Congress, CPN-UML and the Maoists must act in a more responsible, liberal and rational manner.

Source: The Rising Nepal, October 17, 2007

Election Detour in the Himalayas

Brenda Norris

The Maoists were polite, but firm: no civic or voter education activities could be conducted until their national political demands were met. Hours of negotiation succeeded only in convincing the young men not to burn the voter education materials that our local partners intended to distribute. For the previous two hours we had watched our partners complete a two-day voter education training of facilitators and a mock election in the small classroom in Nepal’s Rasuwa District. The trainers were dedicated and professional, and were visibly excited to educate their fellow villagers about the upcoming Constituent Assembly election. With the memory of violence from Nepal’s ten-year-long Maoist insurgency still fresh in their minds, they watched as the Maoists ripped posters from the walls and carted all the voter education materials away. As we learned later, this heartbreaking scene in Rasuwa was being played out in districts all across Nepal, with voter and civic education activities being disrupted in scores of localities.

The Maoists succeeded in their goal of delaying the election. On October 5th, the Chief Election Commissioner announced that the Constituent Assembly election, scheduled for November 22nd, would be impossible. Nepalis were understandably baffled: Maoist insurgents had fought their guerilla war for a decade, and holding a Constituent Assembly election to redraw the country’s constitution and framework of governance had always been one of their central demands.

So why were the Maoists opposed to a November election date? In part, because they feared what many communist parties have traditionally feared: that they might not do very well in a free and fair election. They stated that two demands must first be resolved: replacing the mixed electoral system with full proportional representation, and declaring the country a republic prior to the election. But their reasons were also deeper. The Maoists have taken an increasingly hard-line approach in part, it appears, because they feel the government is not sincere in delivering on commitments it made in a series of peace agreements to downsize the army, integrate former Maoist combatants, and tackle difficult issues such as land reform and caste discrimination.

Now Nepal’s peace process stands at a crossroads. Before the country can begin voter education and related activities, the political parties, including the Maoists, must resolve their disputes about the electoral system and forming a republic. Those steps are crucial, but even they will not be enough to ensure a free, fair, and safe election. All parties need to take a hard look at themselves, and begin implementing the agreements they have already committed to. The Maoists need to leave their habits of violence and intimidation behind, just as the government must demonstrate that it is willing to change how it does business in a country that remains one of the most profoundly discriminatory – on the basis of gender, language, class and caste – anywhere in the world. In Rasuwa, and across Nepal, the people are eager to have their voices heard.

Source: The Asia Foundation, October 17, 2007