Empowering Voters

Chief Election Commissioner Bhoj Raj Pokharel has emphasised on the need to accelerate the pace of preparation to conduct elections to the constituent assembly. Interacting with representatives of civil society organisations and donors, the other day, the chief election commissioner pointed out that the legal framework to guide and administer the polling process is yet to be legislated upon and called upon the political parties to reach consensus soon on the electoral design and procedure. It is to be noted that the political parties have already agreed on the electoral system and, accordingly, a new kind of polling system has been introduced in the interim constitution. For the first time a mixed election system has been adopted in the country. And it is considered as a mechanism to promote inclusion and democratic representation of all sections of the society in the affairs of the state.

The merit of the mixed system of polling lies in the fact that it combines the attributes of proportional representation and majoritation system of elections and creates sufficient space for efficiency and legitimacy of the political system. Some political parties are advocating that the proportional representation system should be adopted fully without mixing it with the majority system. This argument holds some logic as different ethnic groups have called for it too. However, since the mixed polling system has been agreed upon and this has been embodied in the constitution, there is no point on going back and introducing further amendments in the constitution. As pointed out by the chief election commissioner, the crux of the issue lies in defining the details of the polling procedure so that the Election Commission would be enabled to carry out preparation for holding the polls for the constituent assembly as agreed upon by the political stakeholders. Moreover, it is also equally urgent to carry out initiatives regarding civic education to empower the voters so that they understand and know how to exercise their franchise right

Source: The Rising Nepal, June 8, 2007

Revamping Ministry Of Foreign Affairs

Dr. Trilochan Upreti

Merely changing the name of His Majesty's Government to the Government of Nepal (GON) is not sufficient to address the needs of the people. The government must strive to make its mechanism functional, action-oriented and result-oriented as per the changing times. Prime Minister Girija Prasad Koirala had asked the secretaries to recommend a road map on ways to make the existing mechanism more functional, responsible to the people and efficient. The report has already been submitted and is awaiting implementation.

Old bureaucracy

It is obvious that the present structure, policy and working culture do not meet the aspirations of the people. There have been several reports on reforming the bureaucracy in the past, but the suggestions were never implemented. The bureaucracy and its structure remain a ghost of past governments dating back to the Rana regime. The Ministry of Foreign Affairs is no exception, and the present structure and its manpower are unable to cope with the challenges presently facing it.It is not possible to compare our Ministry of Foreign Affairs with similar entities from around the world, where there is continued research to make this high-profile government institution a centre of excellence. Its organisational structure remains as it was thirty years ago; the working culture is the same as during the Panchayat period, and sycophants and relatives of those in power continue to be given plum posts. There is little or no research, study, strategy and plan of action to tackle the challenges facing the nation ahead.

In the last 20 years, there have been incredible changes in international politics, international relations, international trade and business, and in the businesses of government. With these changes, such institutions were automatically revamped elsewhere, but our ministry refused to change. Neither the past government nor the ministry itself ever felt necessary to introduce reforms, make it efficient and establish it as a centre of excellence. Change is reform and evolution. But the type of changes required as well as the manpower and structure needed should be determined only after detailed study. What has obviously been felt necessary is that in order to bring more economic assistance, promote inward investment, tourism and enhance foreign employment, two divisions must be set up. Professionals, whether from within the government or hired from outside are urgently needed to lead the divisions. Without doubt, we need more investment, economic assistance, loans and technology for infrastructure development in this country. Huge investments are needed in water resources, tourism, railways, highways, education and health.

The Ministry of Foreign Affairs, however, doesn't have a Legal, Foreign Direct Investment Division or other necessary divisions, considered so vital to promote economic and other interests of the country. Every nation recruits highly knowledgeable professionals who work to safeguard the wider interests of the nation and its people. Expertise and legal assistance on such complex areas as negotiating skills, reaching agreements, implementing agreements, revising and signing treaties with nations are needed. For example, Nepal also faces legal challenges in the international courts and tribunals, for which expert opinion and suggestions are required. If such assignments are not handled by professionals, then the nation is bound to suffer huge economic, political and reputational loss. Matters relating to the WTO, BISMITEC, SAFTA, political relations and building treaties also require up-to-date and efficient legal service, which, unfortunately, is not felt necessary at our ministry. The area of arbitration is also a complex area, for which expert advice is frequently sought. For example, Nepal Electricity Authority (NEA) lost to IMPRISLIO SPA (an Italian bidder) in the Kali Gandaki 'A' case, and the former was made to pay a huge amount to the latter. If similar cases arising from the Middle Marsyangdi hydel project and Melamchi Drinking Water Project are not handled properly, then the Nepalese government will suffer heavy pecuniary losses, besides losing its credibility before the international community. In such a scenario, it will take years to establish the government's credibility before the international community.

The Political Division is another significant sector. For a nation like us, the United Nations is both a strength and an opportunity. However, professionals with knowledge of events taking place around the globe need to be recruited. Otherwise, we are less likely to benefit from this world institution.

Inconsistent policy

Policy formulation on what should be accepted during negotiation and what should be declined must be made. Nepal is infamous for inconsistency and discontinuity of its policy and frequent departure and changes in its policy, which is detrimental to our reputation and credibility. After every change of government, or even a change of ministers, huge changes are brought about without much consideration and without studying their implications. It is high time, Nepal restructured the Ministry of Foreign Affairs and promulgated a common foreign policy in order to deliver the expected needs of the people. This job can only be done with broader and wider mentality and wider consensus among the stakeholder, not in isolation.

Source: The Rising Nepal, June 8, 2007

Chinese Co-operation

MINISTER for Information and Communications Krishna Bahadur Mahara, inaugurating the Chinese Book Fair in co-operation with the General Administration of Press and Publications of the People's Republic of China on Wednesday highlighted the role such fairs had in informing the people wanting to learn more about China. Minister Mahara was also optimistic that such activities would continue and that the Government of Nepal would always encourage them. As the people have now become powerful following the emergence of loktantra, there has been accelerated development of the social sector, and it is hoped that China would expand its co-operation to raise the living standards of the Nepalese people. Nepal has always looked upon China as a true friend and the support and cooperation that this country has received in various sectors have been immense. Since diplomatic ties between the two countries were established, the scope of co-operation has increased. However, Nepal, because of the lackluster performance of the previous regimes, could not utilise the assistance received from China to build a prosperous country. Now that the supremacy of the people has been established, it is expected that developments will take a positive turn in every sector. In this respect, To expect further meaningful co-operation and support from the northern neighbour is obvious.

Speaking on the occasion, Chinese Ambassador to Nepal Zheng Xianling said that China and Nepal enjoy a long history of bilateral co-operation and goodwill and expressed the hope that the fair would serve as an information centre for people wanting more information on China. The books on display include those in the English, Chinese and Tibetan languages. Such informative fairs ought to be organised regularly so that the people of both the countries can learn more about each other. This will be the basis of strengthened people-to-people ties. China has always been accommodative of Nepal's aspirations, and expanded economic co-operation can be expected in the days to come with China's economy growing at a phenomenal rate. What is needed is for Nepal to learn from the progress made by China so that the country can achieve faster economic growth in the coming years.

Source: The Rising Nepal, June 8, 2007

Civil Society For Polls

MEMBERS of the civil society and professional groups have been constantly demanding that the date for the constituent assembly be announced, as it was one of the main mandates of Jana Andolan II. In this connection, civil society members staged a sit-in to exert pressure on the government to announce the date for the election. Constant pressure and vigil from the people and civil society are necessary so that the government is reminded of its promises and people's mandate. Such vigil and pressure from the people are necessary to maintain checks and balances in a democracy. Now the sole priority of the nation is the election to a constituent assembly, which will write a new constitution. This is a historic process through which the people's elected representatives write the constitution and determine their destiny. The eight political parties and the government are also determined to hold the election to a constituent assembly in November this year. For this, necessary preparation has already been initiated. The interim constitution has to be amended as it was earlier written in the interim constitution that the constituent assembly election would be held by mid-June 2007. As this election cannot be held by mid-June 2007, the constitutional provision has to be amended. The government has, thus, registered a proposal for the amendment of the constitution. Secondly, necessary laws for the constituent assembly election are being prepared.

These laws are under discussion in the interim parliament. Once the constitution is amended and laws are formulated, the government would formally announce the dates for the election to a constituent assembly in due consultation with the Election Commission. These developments have shown that the government is serious about holding the constituent assembly election about which Prime Minister Girija Prasad Koirala has time and again expressed a clear commitment. But there are several things that have to be done to ensure free and fair elections. Laws and announcement of election dates alone will not ensure free and fair election. The first and foremost requirement for a free, fair and fearless election is law and order. But the law and order situation does not appear perfect as some groups and elements are openly flouting laws and trying to create chaos in the country. Unless such offensive activities are totally checked, people cannot vote without fear. Thus, the government must ensure strict law and order, and those who try to take the law in their hand must be punished. This would alone create a conducive atmosphere for a free, fair and fearless election. The political parties and civil society should also co-operate in maintaining security along with the pressure for announcing the dates for the elections.

Source: The Rising Nepal, June 8, 2007

Honey in the horn

A Bill to amend the Interim Constitution (IC) was tabled in Parliament yesterday. The amendment, second in four months, would incorporate a new timeframe for the elections to the Constituent Assembly (CA) within this Mangsir (by Dec. 15) after the existing date, June 20, could not be kept. Other features include disqualification from contesting the polls of those people who are thought to have had a hand in trying to suppress Jana Andolan II or those who are black-listed as bank defaulters; providing for official status of opposition in the legislature; the provision to abolish the institution of monarchy and to remove the Prime Minister — both by a two-thirds parliamentary majority. The requirement of a two-thirds majority to decide the monarchy’s future is necessary, as it relates to an institution that has existed for 238 years.

But the requirement of the same proportion of votes to remove the Prime Minister too conflicts with the practice of democratic parliaments. It can even lead to a constitutional crisis and a deadlock in governance. If Girija Prasad Koirala ceased to be the Prime Minister for any reason, Parliament would have to choose a successor. But, then, there is every possibility that the political parties would be divided. It is likely that no prime ministerial candidate would get the required number of votes. For practical purposes, simple majority is the norm in both appointment and dismissal of the head of government. Why cannot the MPs choose the Prime Minister from among them through a simple majority? A two-thirds rule would complicate matters, and may even encourage a tendency to develop in any Prime Minister to act in an authoritarian manner.

The system of the opposition benches — with the resultant salaries and perks — in a Parliament created by Jana Andolan II — is a contradiction in terms. In fact, there was no need for an artificially created parliament in the first place — after the 1990 Jana Andolan, the then interim government had wielded legislative powers, too. The eight parties’ consensus is all-important to decide every nationally important matter because it is they, not the individual members of the Parliament, who have received the people’s mandate to steer the country through transition and hold the CA polls. As for the tiny parties outside the alliance that are represented in the legislature, they are there just because of the alliance’s large-heartedness, not because of their significant role in fighting regression. In all probability, the proposed amendment will be passed unanimously or with a resounding majority. But the setting of Mangsir as the month for the polls also has some risks — the government may fail to keep the new date yet again. As the eight parties are still divided over the crucial issue of the monarchy, Maoist chairman Prachanda says the CA polls cannot take place until they reach a consensus on the monarchy — either to retain it or to abolish it. Other political leaders have given other reasons why the CA polls may be delayed further. So, what if this happened again?

Source: The Himalayan Times, June 8, 2007