Imposing CA Polls on Nepalis

An election for a Constituent Assembly (CA) is to ensure crafting of a Nepalese people’s constitution that will ensure political stability and a lasting peace. This will be possible only when representatives of all Nepalis sit in the CA and craft a Constitution that will make provisions for meeting the needs of all Nepalis. For example, women of the Badi community have been voicing the need for including their concerns in the constitution to be written. This community might be the smallest of all the communities in Nepal. So, their representatives should sit in the future CA for writing a new constitution. To ensure the representation of such communities in the CA is one of the prerequisites for making CA polls meaningful.

The political objective of the People’s Movement in April 2006 was to end the despotic Shah dynastic rule and set up a rule of law that should address the balanced development of the Nepalese society transforming it from the feudalistic to democratic to redress the denial of the balanced development of the Nepalese society during the 238-year Shah rule. However, the regressive forces have been attempting to put on hold the drive to the transformation process and to preserve the monarchy in one way or another despite the people’s desire for making Nepal a republic as demonstrated in the April Movement.

Interim Prime Minister Girija Prasad Koirala categorically rejected the idea of an election system that would ensure the proportional representation of all Nepalis in the CA, and also rejected the demand of the Maoists for declaring Nepal a republic officially ending the Shah dynastic rule. The Interim Legislature taking the mandate from the Nepalese people presented in the April Movement made Koirala, the Interim Prime Minister and Interim Head of State – the most powerful man. Using the power mandated by the Nepalese people, IPM Koirala has been going against the Nepalese people’s will and interest and serving the interest of the Nepalese people’s enemies.

Standing on the support of the so-called international community and the Nepal Army, IPM Koirala committed to hold an election for a CA without meeting the demands of the Nepalese people for proportional representation, autonomy and federalization of the state. Fighting for their rights to proportional presentation in the state machinery, army and police, for autonomy and federalization, the Madheshi armed groups vowed to stop an election for a CA in the terai areas without meeting their demands. However, the government of the seven-party alliance (SPA) after the pullout of the Maoists from it was determined to use force to impose the CA polls on the terai people. Some leaders of the SPA believed that the ongoing movement of the Madheshi and ethnic Nepalese people for their rights to be in the would-be-elected CA as the communal strife and the criminal acts. However, they did not consider the SPA government’s denial of proportional representation of all Nepalis in a CA as a criminal act.

The CA polls held without the proportional representation of all Nepalis and 50% of women in a CA would be meaningless, and the constitution crafted by such a CA would not make a sense and would not be acceptable to the Nepalese people. Thus, the legitimacy of such polls would be lost. Political instability and violence might continue if the IPM Koirala pursued his current stand on the proportional representation of all Nepalis in a CA.

On Sunday, September 09, 2007, Chief of the Army Staff General Rukmangad Katuwal accompanied by the Nepali Army's department and division chiefs of all the five development regions and the Kathmandu Valley briefed Interim Prime Minister Girija Prasad Koirala on the potential support from the army for the election for a CA. The team of the army officials also presented the IPM with the details of the security situation and the security activities of their respective regions. The army officers expressed their commitment to carrying out the instructions of the government and remaining committed to democracy. IPM Koirala instructed the officers to stay prepared for facing any challenge to the protection of national integrity and promotion of the democratic system in the country. IPM Koirala expressed his belief that the CA polls would be held on the scheduled date of November 22. [1]

On Monday, September 10, 2007, inaugurating the Fourth IUCN Asia Regional Conservation Forum in Kathmandu, Interim Prime Minister Girija Prasad Koirala said that the country's political transition would reach a logical conclusion soon with the elections for the constituent assembly scheduled to be held in November. "Nepal is gradually progressing on the path from conflict to cooperation in order to build an inclusive and new Nepal, and the new Nepal will not only be for the people but also for the nature with which people have an intimate relationship," the IPM said. [2]

On Wednesday, September 12, 2007, talking to the delegation of the Nepal Federation of Indigenous Nationalities (NEFIN) at his residence in Kathmandu, IPM Koirala said, "The Constituent Assembly poll will be held on November 22 at any cost." Chairperson of NEFIN Pasang Sherpa quoted IPM Koirala that the nation would plunge into serious crisis if the poll couldn't be held on November 22. [3]

On September 12, 2007, Speaker of Interim Legislature, Subash Chandra Nemwang in Kaski district said that Maoists made the 22-point demand to ensure the election for a CA, and they were committed to the election. "Demands made by the Maoists are relevant," he said and, "Constituent Assembly election should be ensured by resolving their demand through talks." Using the constitutional provision of the two-third majority of the Interim Legislature for declaring the country a republic, he indicated the possibility of declaring Nepal a republic by eight political parties through discussion and forging consensus on it. [4]

Forgetting the people’s mandate to ensure the representation of all Nepalis in a CA, some leaders of the political parties in the SPA also blindly pursued the stand of the IPM Koirala on the CA polls. For example, on Thursday, September 13, addressing a press conference in Biratnagar, Chairman of the Nepal Workers’ and Peasants’ Party, Narayan Man Bijukchhe said that the country would have to pay a very high price if the CA polls would not be held on November 22. Chairman Bijukchhe also said that the declaration of a republic prior to the CA polls as demanded by the Maoists would not have any legitimacy. [5] However, Chairman Bijukchhe did not say what price Nepalese people would need to pay if the CA polls were held without making an election system that would ensure the proportional representation of all Nepalis in a CA.

On September 12, 2007, Coordinator of the Sub-committee on Management of Monitoring CA polls for the eastern region, Purna Bahadur Khadka in Khandbari, district headquarters of the Sankhuwasabha district said that the terai problems should be categorized into two types - political and criminal - and dealt with them accordingly. "The eight political parties should seek a political solution for political problems, but there is no alternative to the use of force to contain criminal activity in the terai," Khadka said. He was for the use of force in Siraha and Saptari districts to control growing criminal activities and to create an environment conducive to the election for a CA. [6]

On September 13, 2007, talking on behalf of Home Minister Krishna Prasad Sitaula at a poll training regional workshop held in Nepalgunj, Secretary to the Home Ministry, Umesh Prasad Mainali told the heads of the districts’ administration and securities that the political parties and their sister organizations were not cooperating on creating a proper atmosphere for the polls, and the presence of security forces and police alone would not be enough to ensure security during the polls. “We have drawn up plans for special security arrangements. But stakeholders other than the security forces and police also have to cooperate on making the polls a success,” he said. Secretary to the Home Ministry, Mainali also said that the Home Ministry had completed all preparations for the polls working overtime. [7]

"Nowhere in the world has any reigning monarch ever given up the throne voluntarily," Prachanda told the media last month when his party gave a month-long ultimatum to Interim Prime Minister Girija Prasad Koirala. "The palace has been trying to sabotage the election, especially by inciting violence in the southern plains. To ensure a free and fair election, we have to abolish [the] monarchy before the exercise." "If the government fails to meet our demand by 17 September, we will leave the government and start a new peaceful but strong movement," Prachanda said in a statement. Holding the election would be impossible if the threat was carried out.

Meanwhile, two of the largest armed groups in the terai have also issued warnings to the government, of opposing the election in their strongholds. Both the groups were of former Maoists. One of the senior Maoist leaders from the terai, Jay Krishna Goit led a revolt in the Maoists’ party, saying it was dominated by the elite hill community and did not address the needs of the terai community. Goit set up the Janatantrik Terai Mukti Morcha (JTMM) demanding an autonomous state for the terai people. However, the organization split into two factions: one led by Goit and another by his former lieutenant, Jwala Singh. [8]

On Wednesday, September 12, 2007, issuing a statement Janatantrik Terai Mukti Morcha (JTMM-Goit) announced various programs to ensure the CA polls were not held in Terai on November 22. JTMM Chairman Jaya Krishna Goit said, “The Nepali rulers have no right to hold a constituent assembly election in Terai.” Targeting at the disruption of the election, the group has also announced a four-day general strike in Terai starting on November 20, and other various protest programs. [9]

On Friday, September 14, 2007, issuing a statement Janatantrik Terai Mukti Morcha-Jwala (JTMM-Jwala) announced various programs to derail the election for a CA in Terai after two days the Janatantrik Terai Mukti Morcha-Goit (JTMM-Goit) did the same. Mentioning the election for a CA was just a sham to deceive the Madheshi people, JTMM-Jwala said that it would not let it hold in the terai and even warned of taking physical actions against those taking part in the election campaign in Terai. [10]

On September 07, 2007, Nepali Congress Minister for Peace and Reconstruction, Ramchandra Poudel in Damouli said that Nepal could not be declared a republic before the election for a constituent assembly. Minister Poudel was in his home district Tanahun for creating an environment conducive to the election and said all should make efforts to hold the election on the date scheduled for it. He said letters of invitation to dialogue for peace had been sent to groups engaged in violence in Terai.

Meanwhile, on Thursday, September 06, 2007, addressing a press conference held by the Revolutionary Journalists' Association in Butwal, CPN-Maoist Leader Dr. Baburam Bhattarai said a Constituent Assembly election would not be possible to be held on November 22 in view of the series of bomb explosions in capital recently. Indicating the possibility of severe disaster that the country would suffer from if the political parties could not work intelligibly, he made it clear that there was no alternative to declaring the country a republic. He said holding CA polls by mobilizing the Nepali army would invite severe accident. [11]

On Tuesday, September 11, 2007, speaking to the reporters at the function held by the People’s Front Nepal in Birgunj, Minister for Health and Population and Vice-chairman of the People’s Font Nepal, Giriraj Mani Pokharel said that the government must hold talks with the protesting armed groups in the Terai to create an environment conducive to holding the election for a Constituent Assembly on November 22. “The elections cannot be held in the Terai under the prevailing circumstances,” he told reporters, “But the talks should not be held with those who want to thwart the elections and divide the nation.” [12]

On Friday, September 14, 2007, talking to a delegation of senior litterateurs, in reaction to the Maoists’ threat to walk out of the government by September 18 if the government would not meet their 22-point demand by that time, Interim Prime Minister Girija Prasad Koirala said that they could not run away from the election. "If they don't take part (in the election), they have no future. Now, they cannot go to India and neither can they return to jungle. They must go with the process here." IPM Koirala said that the November election for a Constituent Assembly was like a big festival in the country; it would be a big disaster for the country and the Nepalese people if the election would not be held in November. [13]

On September 14, 2007, speaking to ‘The Rising Nepal’ in Kathmandu, Chairman of Tamang National Liberation Front, Nepal (TNLF), Surya Man Tamang said the central committee meeting of the TNLF decided to reinstate the Tamang Autonomous People's Government and to initiate the people's action against feudalistic forces if the government failed to address its 16-point demand. "We will seize land from big landowners and distribute them to the landless in the Tamsaling State," he said. CPN-Maoist had dissolved all autonomous people's governments set up during the people's war after the Comprehensive Peace Agreement signed with the Government of Nepal. "The meeting decided to resume people's action against feudalistic forces, corrupts and against those who stood in the way of the indigenous people's movement if the government failed to meet its 16-point demand of TNLF and the 22-point demand of the CPN-Maoist," said the statement issued by the TNLF on Friday, September 14, 2007. The TNLF blamed the government for being guided by the reactionary forces both in and outside the country and working against the mandate of the April movement and the 12-point understanding reached between the seven-party alliance and the CPN-Maoist. "The government led by Nepali Congress has been helping the regressive forces which do not want state restructuring through the CA polls," the statement said. The TNLF had submitted a 16-point memorandum to Interim Prime Minister Girija Prasad Koirala on August 20 demanding to make the mother tongues of all ethnic groups the working language in government offices and to broadcast news in the state-run television in Tamang language among others.

Meanwhile, the plenary meeting of the central committee of Newah National Liberation Front affiliated to the CPN-Maoist held in Lalitpur decided to launch a movement for achieving the 22-point demand put forward by the CPN-Maoist. President of the Front, Hitman Shakya said that the domestic and foreign reactionary forces were trying to hold a fake election in the name of Constituent Assembly election. In this case, there was no option but to launch a protest against this conspiracy. The meeting also decided to seize the occupied land, house and property of the Newar people and distribute the same to the people, to hold a roundtable conference of Newar organizations, institutions and the indigenous nationalities of the Kathmandu Valley, and to give continuity to the Newah autonomy campaign. [14]

On September 16, 2007, the PTI reported from Kathmandu that India said holding Constituent Assembly polls in Nepal on schedule and in a free and fair manner was of "critical importance" even as the Maoists’ threat to walk out of the interim government cast a shadow on the landmark November elections. "India acknowledges the critical importance of the elections to the Constituent Assembly, as scheduled and in an environment free of fear and intimidation," Foreign Secretary Shiv Shankar Menon said at a press conference held in Kathmandu wrapping up his hectic two-day visit to the Himalayan country. During his talks with CPN-UML General Secretary Madhav Kumar Nepal, Menon said India wanted to see Nepal's peace process concluded swiftly and political stability brought to the country. [15]

On Sunday September 16, 2007, in a meeting at his Nayabazar residence in Kathmandu with the delegation of the Carter Center led by former US Ambassador to Nepal Peter Bartley, Maoist leader Dr Baburam Bhattari told the delegation that the Maoists were committed to the CA elections but their demanded for the declaration of Nepal a republic before holding the CA elections was to stop the destructive activities of the royalists. Dr Bhattrai also made it clear that the rights of all the ethnic groups including Madheshi, Janajati, Dalit and women could be ensured only through the proportional electoral system that would then ensure the free and fair election for a CA on the scheduled time. The Carter Center was in Nepal to monitor the CA election. [16]

Her Excellency Nancy J Powell is the Ambassador of the United States of America to Nepal. She replied to a number of questions asked by the Kantipur Reporter. Her replies are as follow: Now, the Constituent Assembly elections are coming closer. However, as an American it is little hard to understand that there is not much of campaign going on here. With less than 70 days to go, I do not see the candidates outside the valley. There are obviously a number of reasons. Security concern is very, very real for many people to getting out. The procedural issues still have to be resolved in terms of where the constituencies are, and the parties need to name their candidates once they know where their constituencies are. So, there are still some procedural issues but the security is going to have a major impact.

If the election is postponed, this certainly will be a major disappointment to us. We all believe that the elections are critical and there is a finite period of time here because of the need to bring in people from terai and the high hills. Delaying the poll leaves the country without being able to proceed on with the important task of writing the constitution. We are certainly hoping that you can go forward. [17]

On September 16, 2007, inaugurating the fifth convention of the CPN-UML Banepa Municipal Committee in Banepa, Kavre, Standing Committee Member of the CPN-UML, Amrit Kumar Bohora said that there was no ground for anybody to raise suspicion, as the eight political parties have reached understanding on holding the CA polls on November 22. However, reactionary and elite forces had becoming active to disrupt the polls, he stressed that every household should go for a democratic republic. [18]

On Monday, September 17, 2007, at a press meet held at the ministry, Minister for Peace and Reconstruction, Ram Chandra Poudel unveiled an animation clip developed by Interface thus launched a media campaign to spread awareness of the CA polls. The animation shows characters representing the diversity of geography, age and sex talking about the importance of voting in the CA poll. "This medium of publicity creates enthusiasm in people," Minister Poudel said, “The poll will be a true expression of the people's sovereignty.” "The world is waiting to see how well Nepalese can conduct the polls on the date scheduled," Minister Poudel said, "This is a big challenge for the Nepalese people." [19]

On Monday, September 17, 2007, Nepal Police in Kathmandu unveiled its CA election security plan. It has categorized 75 districts across the country into 'highly sensitive', 'sensitive' and 'normal' districts based on the possible security threats. The eight 'highly sensitive' districts are in terai. They are Bara, Parsa, Rautahat, Mahottari, Dhanusha, Sarlahi, Siraha and Saptari. The 13-'sensitive' districts are Jhapa, Morang, Sunsari, Makwanpur, Chitwan, Nawalparasi, Rupandehi, Kapilvastu, Banke, Bardiya, Kailali, Kanchanpur and Dang. The rest 54 districts are described as normal in terms of security threat. Speaking at a press conference held at the Nepal Police Headquarters in Kathmandu, Senior Superintendent of Police Surendra Bahadur Shah said that the police have made a three-phase security arrangement for the security of polling stations, candidates, government employees, and voters based on the threat analysis. This includes pre-election, during election and post-election security arrangement.

SSP Shah said that at least four Nepal Police and 24-temporary police will be deputed to each polling station in the highly sensitive districts. There will be three Nepal Police and 19 temporary police in each polling station in the sensitive districts and three Nepal Police and 16 temporary police in polling stations that fall in the normal category. [20]

On Monday, September 17, 2007, talking to the newly elected office bearers of Nepal Press Union Central Committee in Kathmandu, Interim Prime Minister Girija Prasad Koirala categorically rejected the declaration of Nepal a republic before the CA elections scheduled for November 22. "The interim constitution has a provision that the future of monarchy will be determined by the first meeting of the CA," IPM Koirala said, "In this context, the declaration of republic will obviously draw question of legitimacy." IPM Koirala said that the international community had been convinced the CA election was the only valid means to get new mandate of the people. He said, "Credibility, legitimacy and recognition of the declaration are of paramount importance. I am determined to hold elections in November; inability to do so may invite perils in the nation. I am fully convinced that the press will play a constructive role in holding elections as scheduled." [21]

On Tuesday, September 18, 2007, at a press meeting held at the Election Commission (EC), Chief Election Commissioner, Bhoj Raj Pokharel said, "You can analyze whether it is possible to change the election system after the code of conduct is enforced and election schedule has already been published." He said that Interim Prime Minister Girija Prasad Koirala assured him to provide adequate security arrangements for the election.

The election code of conduct issued by the EC has become effective for the government on Tuesday, September 18, 2007. It will be effective for the political parties and the media on September 30 and October 11 respectively. [22]

Obviously, the government headed by Interim Prime Minister Girija Prasad Koirala was determined to impose the election for a CA on the Nepalese people without resolving numerous problems that would directly or indirectly affect the election. The election for a CA is for crafting a new constitution of Nepalese people. So, such a constitution would not be legitimate if representation of all Nepalese belonging to different castes, ethnic and regional groups, and of them 50% women in a CA is ensured, as their concerns would not be reflected in such a constitution if their representatives were not there to voice their concerns. The international community supporting IPM Koirala for holding an election for CA should understand this reality.

Footnotes:

[1] The Rising Nepal, September 10, 2007, “Army chief briefs PM on security”

[2] The Rising Nepal, September 11, 2007, “Polls to give logical end to transition: PM”

[3] Ekantipur.com, Post Report, September 12, 207, “Poll on Nov 22 at any cost: PM”

[4] The Rising Nepal, September 13, 2007, “Maoists not running away from election”; Ekantipur.com, Kantipur Report, September 12, 2007, “Maoist demands must be addressed within next few days: Speaker”

[5] Ekantpur.com, Kantipur Report, September 13, 2007, “No alternative to CA polls, says Bijukchhe”; Nepalnews.com mk Sep 13 07, “Announcing republic before polls not a legitimate choice: Bijukchhe”

[6] Ekantipur.com, Post Report, September 12, 2007, “Use force against terai criminal activity”

[7] The Himalayan Times, September 13, 2007, “Security forces alone can’t ensure polls: Home secy”

[8] ISN “Maoists Call for a new revolt in Nepal” By Sudeshna Sarkar in Kathmandu for ISN Security Watch (13/09/07)

[9] Nepalnews.com ag Sep 12 07,” JTMM-Goit vows to disrupt CA polls”

[10] Nepalnews.com ag Sep 14 07, “JTMM-Jwala also vows to disrupt CA election”

[11] The Rising Nepal, September 08, 2007, “Republic before CA poll impossible: Poudel: Without republic, polls mere imagination: Dr Bhattarai”

[12] Ekantipur.com, Kantipur Report, September 11, 2007, “Talks with Terai agitators must for CA polls, says Minister Pokharel”

[13] Nepalnews.com sd Sep 15 07 “Maoists cannot run away from election, says PM Koirala”

[14] The Rising Nepal, September 15, 2007, “Maoist ethnic wings announce protest plans”

[15] The Hindu, September 16, 2007, India says holding CA polls on time in Nepal of 'critical importance”

[16] Ekantipur.com, Kantipur Report, September 16, 2007, “Ex-US envoy and Danish ambassador meet Maoist leader”; The Himalayan Times, September 17, 2007, “Maoists Game for Polls After Republic: Bhattarai”

[17] Ekantipur.com, Kantipur Report, September 17, 2007 “US expects Nepal to hold CA elections on schedule”

[18] The Rising Nepal, September 17, 2007, “Reactionary forces active to foil polls”

[19] People’s Daily Online, “Nepal launches media drive for constituent assembly poll” Source: Xinhua

[20] Ekantipur.com, Kantipur Report September 18, 2007, “Districts categorized for poll”

[21] The Rising Nepal, September 18, 2007, “Republic only after polls, says Koirala”

[22] Nepalnews.com ia/ag Sep 18 07, “EC hints fully proportional system is not possible; code of conduct comes into effect”

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