Nepal: Bill on TRC, & Electing Chairpersons of CA Committees

The parliament passed the bill on Truth and Reconciliation Commission, and on Commission on Enforced Disappearances paving the way for completing the peace process. The five different CA committees each elected its chairperson unanimously making the possibility of completing the drafting of a new constitution as scheduled. However, CPN-Maoist had remained on sidelines, and its chairman warned of launching a new type of people’s movement, and of the revival of the people’s courts, the people’s army and the people’s sovereignty if necessary. Prime Minister Sushil Koirala had been subjected to the criticisms of his colleagues for not performing well even after three months of forming the government. Women had been demanding the fifty percent participation in the local governments. The Judicial Council had been subjected to the strong criticisms for recommending wrong judges for the permanent positions of eight justices in the Supreme Court of Nepal. Former king Gyanendra Shah had warned of the breaking up of the garland woven with the beautiful flowers.

Speaking to the anchor of the Radio Nepal morning program called ‘antar samda’ on April 26, 2014, Minster for Law and Parliamentary Affairs Narahari Acharya said that after the extensive discussion on the bill on Truth and Reconciliation Commission, and on Commission on Enforced Disappearances, the parliament had passed the bill by the majority votes on April 25, 2014 exactly after 31 days of the submission of the bill to the secretariat of the parliament. He also said that lawmakers had proposed eighteen amendments to the bill; nine were withdrawn, and another nine amendments were defeated by the majority votes. He said that the government would set up a committee under the former chief justice of the Supreme Court of Nepal to form the two commissions in question for making the commissions independently set up by an independent committee. The minister also said that the bill had no provision for the blanket amnesty for serious crimes.

Youth leader of NC Gagan Thapa said that he had proposed an amendment to the Article 26 of the bill on Truth and Reconciliation Commission, and on Commission on Enforced Disappearances not to give the power of the amnesty for the grave crimes to the commissions; however, he had to give in to the pressure of the party to take back the amendment. He also said that he would continue to fight against the amnesty to the criminals that had committed grave crimes; he would not let the criminals go free with impunity.

Speaking at the function held to mark the 65th anniversary of the founding of Communist Party of Nepal (CPN) and the 144th anniversary of Lenin at Rastriya Nachghar in Kathmandu on April 22, 2014, chairman of CPN-Maoist Mohan Vaidhya ‘Kiran’ said that his party would launch a new type of revolution, as the UCPN-Maoist gave up the class struggle. He also said that the class struggle was lost, as the main leadership of the people’s war betrayed the people’s revolution at the time of its completion. He said that his party had boycotted the elections to the CA because the situation was not conducive to formulating a people-oriented constitution. He said that nobody could complete the peace process unilaterally, sideling the main anchor of the peace process (means his party), and making the UCPN-Maoist without a role in the CA. He also warned that his party would revive the people’s courts, the people’s army and the people’s sovereignty if necessary; and the UCPN-Maoist were being entrapped in the name of setting up a commission on truth and reconciliation. (Source: gorkhapatra, April 23, 2014)

In a statement released in Kathmandu on April 22, 2014 on the occasion of marking the day of setting up the Communist Party of Nepal (CPN) and the 144thbirth anniversary of communist leader V.I. Lenin, Chairman of UCPN-Maoist Prachanda said that the time had come to stand up for institutionalizing the demands of the people made during various movements including the people's war and the people's movement. Chairman Prachanda described it as a duty of the communists to enforce the agenda of the communist movement. Referring to the founding of the Communist Party of Nepal 65 years ago on the birth anniversary of Lenin, Chairman Prachanda said that the Nepali communist movement had moved ahead with many upheavals and was then the focus of national politics through the armed conflict and the people's movement. "The preamble of revolution and organizational principle of a communist party as proposed by Lenin is still relevant today and serves as guidelines for us", says Chairman Prachanda in the statement. He also wished that the day would inspire all people to move ahead on the path to a socialist revolution after completing the remaining task of the people's revolution, while also calling for the unity among all revolutionary communist forces in the country. (Source: RSS news on gorkhapatraonline.com, April 23, 2014)

Speaking at the interaction on “Gender Inclusiveness in Local Election and Participation” held by National Women's Commission (NWC) in Kathmandu on April 22, 2014, the participants said that the political parties needed to pay a special attention to ensure 50 percent women's participation in the local bodies. They also urged the government to take initiatives to pass the proposed amendments to the law on this matter adopting a fast track policy through the Legislature-Parliament. They referred to the Election Commission and the Ministry of Federal Affairs and Local Development recommendations for an amendment to the election laws and Local Self-governance Act respectively for a mandatory provision for the women's representation in the local bodies. The NWC stated that ensuring 50 percent representation in the local bodies such as Village Development Committees (VDCs), Municipalities, and District Development Committees (DDCs) would give as many as 106,000 women the opportunity of the leadership. Speaking at the interaction, Minister for Energy Radha Gyawali said that the government had been for 50 percent women’s representation in the local bodies and assured that the draft of the amendments to the laws would be presented at the parliament as soon as possible. Similarly, Minister for Women, Children and Social Welfare Nilam KC said that the government had been for making the NWC a constitutional body. She said that the enforcement of 33 percent women representation in the decision-making process had not been effective. Lawmakers Kalpana Chaudhary, Kunti Shahi, and Gyan Kumari Chhantyal said that the political parties should pay attention to the 50 percent women’s representation in the local bodies after the elections. On the occasion, Chairperson of the NWC Seikh Chand Tara said that the NWC had been holding discussions with the concerned authorities for adopting the gender inclusive policy on the local bodies' elections. (Source: RSS news ongorkhapatraonline.com, April 23, 2014)

Speaking at the opening ceremony of the NC zonal training program held by the NC Central Policy and Training Academy in Biratnagar on Monday, April 21, 2014, Prime Minister also president of NC Sushil Koirala said that the government would act as a coordinator of promulgating a new statute within a year. "The government will play the role of facilitator in bringing the new statute within a year," said Prime Minister Koirala. Stating the country was in a critical stage, the PM noted that the need had been for taking all stakeholders into confidence to conclude the peace process and write the new constitution. "The government will win the trust of the people by ensuring good governance, transparency and accountability in the functioning of the government," said the PM. Stating the local polls were to give impetus to the development work, he said that the talks were underway with other parties to this end. (Source: gorkhapatraonline.com, April 23, 2014)

Speaking at the zonal training program held by the NC Central Policy and Training Academy program in Biratnagar on Monday, April 21, 2014, the NC lawmakers criticized the government for failing to work for meeting the public aspirations. They said, "The government has been unable to take concrete steps to provide drinking water and electricity and control the inflation.” Lawmaker Ramhari Khatiwada wished for the government not betraying the people's faith and not dealing a blow to the people's expectation for a relief package. NC Morang district committee president Amrit Aryal said that despite having a strong team the party sent to the government, it could not unveil an effective scheme in favor of the people. The cadres lashing out at the government apparently irked the PM. "You don't know how the government is running. It is treading the blade of sword. The NC cadres should understand that there are also other forces in the government," he said and admonished the cadres for not spoiling the environment by criticizing the government. The PM, however, admitted that the factionalism had gripped the party and posed a difficulty to run the government. He said, "We cannot succeed by talking about ‘bhaga banda’ (sharing of power). If we fail to stand united, our goal and destination will remain uncertain." "I have no magic wand. I am not a kind of person to be engaged in the politics of money," he said, "If the party leaders do not cooperate with me, it is better they recall me from the government. I have no desire to stick to power by resorting to wrong deeds." (Source:gorkhapatraonline.com, April 23, 2014)

On Monday April 21, 2014, the Constituent Assembly (CA) Secretariat announced the schedule for the elections of the chiefs of the five different committees under the CA. The CA Secretariat published the schedule for elections after the political parties could not pick up the heads of the committees unanimously. According to the spokesperson for the secretariat Mukunda Sharma, nomination papers should be submitted at the office of the General Secretary of the Secretariat by 5:00 pm on April 24 and the elections would be held next day at the respective offices of the five committees. Earlier, NC, CPN-UML and UCPN-Maoist had reached an understanding to lead one committee each and let the Madhesi Parties and the fringe parties head the remaining two committees. Following the understanding, the UCPN-Maoist leader Dr. Baburam Bhattarai would lead the Constitutional-Political Dialogue and Consensus Committee, CPN-UML secretary Bishnu Poudel lead the Constitutional Records Study and Determine Committee, and NC Vice-president Ram Chandra Poudel take over the helm of the Constitution Drafting Committee. Similarly, one CA member of one of the Madhes parties and another CA member aligned to one of the fringe parties would head the Citizens’ Relations and Constitution Suggestions Committee, and the Capacity Enhancement and Resource Management Committee respectively. However, the Secretariat decided to go for the elections of the chairmen of the five committees as ordered by CA chairman Subhas Chandra Nemwang after the Rastriya Prajatantra Party-Nepal, and some fringe political parties foiled the major three parties’ plan on choosing the committee heads. The constitution writing process had been stalled due to not having the heads of the five CA committees. (Source: gorkhapatraonline.com, April 23, 2014)

On April 25, 2014, the five CA committees each had unanimously elected their chairmen well ahead of the schedule for drafting a new constitution. The final date for electing the chairmen of the five committees was April 28, 2014, according to the schedule, the minister for law and parliamentary affairs Narahari Acharya said to the anchor of the Radio Nepal morning program called ‘antar sambad’ on April 26, 2014. NC general secretary Krishna Prasad Sitaula was elected to the chairman of the Constitution Drafting Committee, Dr. Baburam Bhattarai to the chairman of the Constitutional-Political Dialogue and Consensus Committee, CPN-UML secretary Bishnu Poudel to the chairman of the Constitutional Records Study and Determine Committee, Madhesi People’s Rights Forum-Nepal leader Laksmi Kumari Chaudhary to the chairwoman of the Capacity Enhancement of Lawmakers and Resource Management Committee, and CPN (United) leader Pramila Rana to the chairwoman of the Citizens’ Relations and Constitution Suggestions Committee. (Source: gorkhapatra, April 26, 2014)

Chairman of Rastriya Prajatantra Party-Nepal (RPP-Nepal) boycotted the elections to the chairmen and women of five different CA committees stating the large political parties had sidelined his party that had been the fourth largest party in the CA after the elections to the CA. However, it was not true that the RPP-Nepal had been the fourth largest party. It had received less than five percent of the total slots in the CA. Chairman of RPP-Nepal Kamal Thapa had been claiming that his party should receive the office of one of the chairmen of the five CA committees. Large political parties opted to keep the RPP-Nepal out of the CA committees, he vigorously complained.

Newly elected chairpersons of five committees of the Constituent Assembly (CA) took oath of office and secrecy on Saturday, April 26, 2014. At the special function held at SinghaDurbar, Chairman of CA Subhas Nemwang administrated the oath of office and secrecy to five lawmakers elected unanimously to the heads of the committees. Talking to the reporters after the oath-taking ceremony, Chairman Nemwang claimed that the nation would get a much-cherished constitution within a year. He also said that the people’s trust in crafting a new constitution had been enhanced after the election of committee heads. (Source: myrepublica.com, April 26, 2014)

Opening the first Training on Higher Command and Management held for the Nepal Army colonels at the Nagarkot Military School on April 25, 2014, Prime Minister Koirala said that the government was committed to introducing and implementing a concrete policy on developing the Nepal Army into a professional army making it able to take on the national and international challenges while also ensuring security to the people and the nation; the government was positive to modernizing the Nepal Army to meet the need of the time and develop it into a skilled, able and professional security force. Prime Minister Koirala said, "I'm confident that the training would be able to produce able and skilled senior level officers who could analyze any given situation in a just and practical manner and take sensible decision by identifying the internal and external security challenges". Stating that the Nepal Army internalized the democratic changes that had taken place in the country and established itself as a non-political professional and reliable security body, Prime Minister Koirala also holding the defense portfolio said that apart from the regular duty of security the national army had also been successfully carrying out infrastructure development work, and performing its duties in times of emergency like natural disasters. (Source: gorkhapatraonline.com, April 26, 2014)

Nepal Bar Association (NBA) had been making preparation for recalling its representative to the Judicial Council, as the Judicial Council had made recommendations for appointing eight controversial judges to the permanent positions in the Supreme Court of Nepal. Vice-chairman of the NBA Tikaram Bhattarai said that members of the NBA had been putting tremendous pressure on the NBA to recall its representatives to the Judicial Council, as the NBA representative could not act appropriately on making the recommendations for eight judges to the permanent appointment to the Supreme Court of Nepal. One member of the Judicial Council also Senior Justice Ramkumar Shah had written his note of dissent on the recommendations made for judges such as Govidnakumar Upadhaya, and Deepakraj Joshi questioning their workability. Last week the Judicial Council made recommendations for eight judges such as 1) Vaidhayanath Upadhaya, 2) Gopal Parajuli, 3) Deepakraj Joshi, 4) Govidnakumar Upadhaya, 5) Omprakash Mishra, 6) Devendra Gopal Shrestha, 7) Cholendrashumsher JBR, and 8) Jagadishsharma Poudel for the permanent positions at the Supreme Court of Nepal. The Supreme Court of Nepal had written to the Judicial Council to take actions against JBR and Joshi for the wrong ruling on the corruption cases. The Chief Justice of the Supreme Court of Nepal was the chairman of the Judicial Council. (Source: gorkhapatra, April 27, 2014)

Speaking at the felicitation held for him by the Prithvinarayan Shah Academy at Narayangadh of Chitwan on April 26, 2014, stating he had many complaints that a few political parties had influenced the politics, former king Gyanendra Shah urged the political parties not to do so. He suggested the political parties to craft a new constitution in which all people have the feeling of the ownership. Concerning the State restructuring, he said that in doing so, an attention should be given to the nationality and unity of the country. He said that a garland woven of the beautiful flowers might break up (A new national anthem of Nepal states Nepal is a garland of flowers. Previous national anthem had only the praise to the king)). The country had been weak due to the lack of the continuity and the political stability. He said that he had seriously taken the complaints of the people that had complained to him believing he was still the king. He said that he had accepted the political changes the people had wanted but dissatisfaction of the people had been increasing; another political change might occur if the people wanted. (Source: gorkhapatra, April 27, 2014)

Whenever Gyanendra Shah spoke in public he became the punching bag. This time many politicians simply ignored his statement. Only the chairman of CPN-UML Jhalanath Khanal commented stating the monarchy had been dead, and it had no chance to come back. Mr. Shah possibly dreamt of coming back to power and imposed his one-man rule in the future but he needed to understand the Nepalis were of the twenty first century they would not tolerate any dictatorial regime. So, majority of the Nepalis would not tolerate the monarchy at all. Only a few people that had benefited from the monarchy might wish for returning the monarchy back. That was not going to happen. Even the chairman of Rastriya Prajatantra Party-Nepal (RPP-Nepal) Kamal Thapa did not believe in reviving the monarchy but he continued to talk about it because that was his bread and butter otherwise he would not be able to survive politically.

ENDS

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