Political transition: Factionalism is undermining democracy

Ganga Thapa

The end of the King’s direct rule marked a decisive phase in Nepal’s transition toward democracy and opened a new window of opportunity to restore legitimate authority. But only time will tell if we will have a state in which the will of the people would be respected. The year-long democratic rule has made it obvious that the country is still not on the right track.While factors like constitutional limitation, malfunctioning economy, fragmentation, polarisation and foreign interference throttle the growth of democracy, lack of a democratic mindset, absence of sound party system, rise of race politics and self-fulfilling prophecies, negative image of political leadership, and widely practiced patronage put a major impediment to compromise, the prerequisite of any democracy.

If pluralisation of post-authoritarian society can resolve the problems in society, the assumption would follow that until the development of a political regime that can garner trust and mass support, both the rulers and the rules of the game are likely to come under attack and the regime is bound to collapse.One way to size up a regime and its political character is to look at its political rulebook or constitution and forms of political participation. In a parliamentary democracy, the executive, consisting of prime minister and cabinet, is dependent on the parliament for its survival. But this is clearly not the case here. Although there are some democratic features, it is impossible to label the current regime either as libertarian or authoritarian as it continues to be governed in an oligarchic fashion or through a ‘combination of oligarchy and democracy’ or rise of ‘democracy doubles’, that seem democratic, but with usurping of political power by a clique of politicians.

Without a political system characterised by cultural integration and social compromise, equitable distribution of political resources, free and fair election, guarantee of human rights, separation of powers and conflict as part of order, it is impossible to transform politics into a stable game where rational actors interact.The transformation seems further complicated by the fact that the political parties, now confined only to the Valley, are high on rhetoric. They have forgotten the outlying areas.The present regime consists of forward-looking elements for evolution of democracy, but it has failed to effectively respond to different problems. And one cannot imagine who and what system will succeed the self-assumed realist PM GP Koirala and his kleptocracy. His argument that Nepal is now 80% republic is wrong in terms of its viability and its value for conflict prevention and is likely to lead toward unstable coalitions and proliferation of extremist parties.

Democratisation cannot be sustained without a legitimate political order. Modern democracies depend a lot on the types and level of fairness of political institutions and on how leaders develop and accept new ideas. A regime need not have popular approval; what is essential is that most of the population consider that the system is right for them.There is one issue that deserves particular emphasis. Even if CA is necessary for the institution of democracy, and uprooting of old mores, values and structures, legitimacy of constitution, according to constitutional law, is derived primarily from the method of its enactment. It can only be credited with legitimacy if the CA is formed according to democratic principles and/or constitutional draft is ratified through a referendum.

A political system depends on whether the social and political elites follow constitutional rules and accept democratic system. The challenge for them is to identify the factors that bring about conflicts and develop effective response. Yet until all the parties agree to the basic ‘rules of the game’, tensions are bound to rise between ruling elites and their opponents who would like to curb the centre’s power. Nepal still is in the stage of fictionalisation, where manipulated groups jump into action at the call of their politico lords.

These groups are only concerned with their vested interests. They are not concerned about setting up institutions for political and economic stability, or acquiring legitimacy through due process, or being accountable to the people. Class-based movements with Marxist agenda must give way to cleavages. In the case of Nepal, there still are several motivational or political forces at work, consisting of ‘useful idiots’ — in Lenin’s telling phrase — that can spread extremist ideas to turn it into a totalitarian state.They do offer explanations for their actions, but their underlying purpose is to exploit the fruits of democracy, even if it is detrimental to common folks. This is the nub of the problem. People are more concerned about their well-being after a long, arduous and dreadful period of strife and violence. It is time to prove that the people’s movement was not in vain.

Source: The Himalayan Times, June 1, 2007

For Gender Balance

Gender has been directly linked with human rights. Gender issues have often been linked with the issue and rights of women. In fact, gender is not an issue of women alone but of the society. This issue has greater impact on the overall development of the society and the country. Women, mostly in the developing countries, are deprived of their basic rights and opportunities. As a result, women in the developing countries are backward, less educated and more dependent on their male counterparts. As women are backward, societies are also backward. Thus, the gender issue concerns humanity, and gender equality aims at ensuring equal participation and development of both men and women. Women constitute half the population, so sustainable development of any country and society cannot be achieved in the absence of active and constructive participation and development of women. One of the major causes of backwardness and slow pace of development in the developing world is, thus, the gross negligence of gender issues and lack of gender equality. Realising this, gender, though late, has now received due prominence in all sectors.

As a developing country, Nepal's case is also not much different in terms of gender. Theoretically, Nepal has adequate provisions for gender equality and women's rights. It has ratified the UN Convention on the Elimination of All Forms of Discrimination Against Women. The constitutional and legal provisions have strictly prohibited any forms of discrimination on the ground of sex, colour and caste. However, the reality is different. Majority of women in Nepal are still illiterate. Women have relatively less say in decision making and social and economic activities. Although a law has been enacted concerning equal share for women in parental properties, women are still not being able to enjoy fully the rights due to social and cultural bias. Some leading women have aptly raised this issue and said that only limited number of women have benefited from the new legal arrangements, while the majority of women in the rural areas are still deprived of their basic rights. This is mainly due to the ignorance of women concerning their rights and legal provisions. Against this background, Minister for Information and Communication Krishna Bahadur Mahara, in an interaction organised by Women's Rehabilitation Centre in Kathmandu, has said that the existing discrimination against women should be eliminated through political will and effective social mobilisation. The remarks of the minister are appropriate which need to be put into practice.

Source: The Rising Nepal, June 1, 2007

EC Preparations

FIXING the date for the constituency assembly elections is high on the agenda of the eight mainstream political parties. Everyone is concerned as to when the date would be announced with the consensus of the eight political parties. This is very crucial as the Election Commission (EC) has already suggested mid-November as a suitable time for the polls. At an interaction with the leaders of the political parties on Wednesday, Chief Election Commissioner Bhoj Raj Pokhrel stressed on a free and fair environment so that the election can be held successfully because the whole exercise depends on the massive participation of the people freely and without fear. According to the updated voters' list, there are 17.6 million eligible voters. This shows that the EC is going ahead with its preparatory works so that it can really swing into action as son as the dates for the CA polls are announced. It has also said that the date should be announced by mid-June so that the election could be held by mid-November. This issue must be seriously taken up by the political parties concerned.

Instead of dilly-dallying, the eight-party leaders must be straightforward in reaching a consensus. Meanwhile, the necessary legal tools are also not in place because of the disruptions of the legislature parliament proceedings. The House proceedings must, therefore, be made smooth so that the necessary laws related to the polls can be put in place. This issue must be taken up seriously by all the concerned. With the House not being able to sit, the problems for holding the polls are obvious. All the legislators who have been disrupting the proceedings must come up for dialogue with the concerned to sort out the issues. That will make it possible for the proceedings to continue so that many laws registered could be passed, including the laws related to the elections. If this is done and the date for the polls announced, the people will feel assured that their mandate has been followed. It is also necessary that the eight-party leaders sit down together to see that the CA polls are held as per the date that has been floated around. Only fruitful talks among them can break the deadlock so that the EC could really begin its task in earnest to see that the elections are held in a free, fair and impartial manner as per the aspirations of the people.

Source: The Rising Nepal, June 1, 2007

CA Polls : Seriousness Must Emerge

Prem N. Kakkar

For the legislature parliament proceedings to be stalled for a month and a half is a matter of great concern. For the House - that came into existence with the tacit approval of the eight political parties - to come to this state is rather unfortunate. When so many agreements were made to come to this point, the leaders of the said parties must come to terms with the reality of the country.

Election laws

Though the Maoist legislators have said that they would not disrupt the proceedings, the Madhesi MPs have not relented and are going ahead with their demands, although a review of the constituency report has been agreed upon by the eight parties. This may possibly pave the way for the House meetings to continue. It is urgent for the House to convene as early as possible because a number of election-related draft laws have yet to be discussed. The longer the delay in the parliament meetings, the greater the delay in the constituency assembly polls.

It mist be remembered herein that the Election Commission has already said that it needs over a hundred days to make full preparations for the polls after the announcement of the election date. The parties must be serious on this matter. It is said that the eight party leaders have tentatively agreed on holding the CA polls by mid-November, but no official statement has yet been issued so far.Even the eight party parleys have been stalled for the same length of time. Some parties were up in arms as soon as the Election Commission had said that the CA polls could not be held by mid-June. It obviously meant that the date had to be shifted. Soon after, the Maoists demanded that a republic be declared from the parliament itself while the CA polls could be held later. But there is no total agreement on the issue. The Nepali Congress (NC) has always been insisting that the first meeting of the constituent assembly would decide the fate of the monarchy, so it was prudent on the part of all to focus on the CA polls. That is in a sense the right assessment as the issue had been agreed upon earlier among the eight party leaders.

For any party to sidetrack from the earlier commitment is not right. The parties concerned must moot over the issue and arrive at a consensus as soon as possible. If it takes longer to decide on the date of the polls, there will be further confusion among the people. They must understand that they have to work as per the mandate given to them by the people with the April uprising. It is a serious issue and cannot be ignored by the parties concerned. The delay in holding the CA polls can prove counterproductive as it will give the regressive elements an opportunity to regroup and play mischief.Moreover, talking about the monarchy at this juncture is not necessary as the first meeting of the CA will decide on it. By dwelling on this issue at the moment, one is only creating confusion. Instead of this, there are more pressing issues to be looked into including the demands of the agitating groups particularly from the Terai. The issue of constituency delineation has to be the focus at the moment. Instead of talking of a third Jana Andolan, works must be initiated to consolidate the gains made so far and institutionalising them. This can be done by fixing a date for the CA polls. There are contentious issues, but they must be resolved through talks.

Law and order

Another factor that needs special attention is the law and order situation. It must definitely improve before the elections can be held. This will remove the apprehension of the people in the run up to the polls. The recent spate of violence seen in many parts of the country ought to be checked. Every group may have its set of demands, but they have to resolved through talks instead of demonstrations and bandhs, which have often turned violent. The parties concerned, too, must make every effort so that any sort of violence is controlled.Now it is on the shoulders of the eight party leaders to resolve their differences and agree on a date for the CA election, and for the legislature parliament to begin its normal functions.

Source: The Rising Nepal, June 1, 2007

Voters' Education And Current State Of Affairs

C. D. Bhatta

In this piece, I am putting down some of the empirical thoughts on the current state of affairs that came into limelight during the course of my field visits to different parts of the country as part of voters' education and civic rights programme. The programme was organised by Friedrich Ebert Stiftung (FES), a German think tank in Kathmandu, with the help of the German Ministry of Foreign Affairs.

Respect for others

The overarching aim of the voters' education programme was to train and educate the local people on contemporary political issues such as civic rights, democracy, constituent assembly (CA) election, current state of affairs and trickle down of knowledge to the grass root level. The central logic of this programme was to lay emphasis on the fact that democracy only works when it promotes local situations, local values based on social justice and solidarity, and there is a balance between two types of rules - written and unwritten - of society.

Equally important is the culture of respecting others (opposition parties) that play a great role in expanding the democratic sphere. It is because, in a democracy, every opposition of today moves into the helm of power tomorrow, and every party that is in power today might have to sit in the opposition bench tomorrow. This means democracy cannot be owned by a particular party for a long time but can only be rented for sometime. Likewise, democracy is all about sharing the burden of each other, that is, those in a society having a broader shoulder have a responsibility to carry those who have smaller shoulders. Dev Raj Dahal, a noted political scientist, is of the view that the decision to hold the constituent assembly election in Nepal has made Nepalese politics open-ended. There is increased citizens' participation in state affairs, but the state has or is not in a position to develop its own capacity to guarantee participation.

Political power has been transformed from the king to the eight political parties, but within this 'power transformation', neither is there intergenerational justice nor is transformation felt by the citizenry at large. Today various types of transformations are taking place in the Nepali society. For example, transformation in discourse (loktantra vs. prajatantra, ganatantra vs inclusive democracy); transformation in the political parties, that is, the rise of ultra communists forces; transformation in the actors, that is, the rise of political leaders of various ideologies and suspension of the king; transformation in subjects, that is, from a unitary to a federal system of governance; and transformation in procedure, that is, promulgation of the interim constitution and initiative to hold the election to the Constituent Assembly to write a new constitution. Having said this, however, there is no clear agenda before the state as to what type of state and system of governance we really want to have at the end of the day. We talk about 'state restructuring', but it is still not clear as how we want to go about and what type of restructuring would work best for us. Merely playing with words by producing various types of political terminologies without any scientific justification is creating more confusion than resolving problems.

Principally, the main purpose of the state is to protect the weak in a society from the strong and that of politics is to address underlying problems of the society by engaging people in the institutional life of the state. Moreover, the state has a duty to maintain public order in a society, and politics should bring about changes in a society. The main logic of democratic politics, therefore, is to initiate dialogue, search for a common agreement and provide alternatives (choices) so that diverse societal demands/interests could be met. However, there is a deadlock in Nepali politics, which is apolitical. A great deal of conflict exists between the state and societal forces. The result of this conflict is that the parliament has been stalled for more than a month, interim constitution has been receiving the wrath of the opposition from different sections of society, and it had to be amended within 35 days of its promulgation. The amendment of the constitution on an installment basis does not necessarily herald a prosperous political future for the country.

We have signed a comprehensive peace accord, but conflict residues are still prevalent in society. Different types of societal groups are forming critical masses, and the state has not been able to play the role of 'state' due to which it is losing internal sovereignty to various non-state-actors. The best part of the April uprising was that the citizens have been given their rights, but there is no efficient mechanism to ensure these rights. In a sense, no attempt has been made to make the state machinery strong and prosperous so that they can meet the challenge generated by these rights.This has resulted in the erosion in the capacity of the state in different arenas - erosion in policy (no sovereign policy), erosion in state authority (rise of the non-state actors), and increase in competitive violence (rule of might). Because of these factors, the state is not in a position to fulfil the main duties of the state - protect the weak, resolve conflicts, maintain sovereign policies, including foreign, and deliver public goods.

Harmony

Against this backdrop, the challenge for the Nepali state is how best to reconcile harmony between all the conflicting ideas, concepts, norms and values without undermining the spirit of the age. An attempt should move towards providing political legitimacy to the achievement of the people's movement and constitutional legitimacy to the interim constitution in order to move the political process ahead.

Source: The Rising Nepal, June 1, 2007