Nepal: Craft an Inclusive Constitution, Said Indian PM Modi

Indian Prime Minister Narendra Modi said to the Nepalese political leaders to craft an inclusive constitution that could be amended by a two-thirds majority in a future parliament. It has surely hit hard on the NC and CPN-UML leaders that had been for a two-thirds majority constitution. It might be the greatest victory for the leaders in particular and the people in general for crafting an inclusive constitution but it did not mean the defeat to others, as an inclusive constitution would be the constitution of all Nepalese people whereas the constitution of the two-thirds majority would be the imposition on the minority. A two-thirds majority constitution would create a political chaos and cause a bitter fight among the Nepalese people. PM Modi has a great vision for avoiding such an unwanted political instability that would adversely affect the neighboring country India, too.

Speaking at the opening event of the Trauma Center built at the center of Kathmandu with the Indian cooperation on Tuesday, November 25, 2014, Indian Prime Minister Modi said that Nepal should not delay in crafting a new constitution that should belong to every Nepalese so that every Nepalese could say that the constitution was mine, and every Nepalese would have a space in it. He also said that political parties could amend the constitution in the future parliament with the two-thirds majority; they could add anything to it they wanted to or they could delete anything from it they did not want in it. Then, Nepal should move on developing its economy as fast as possible that would be the pleasure for India, PM Modi said.

This statement of PM Modi has hit hard on the heads of those leaders dreaming to promulgate a new constitution with the two-thirds majority. Chairman of CPN-UML KP Oli had been fanatical about promulgating a new constitution by the two-thirds majority votes on the Constituent Assembly (CA). He did not want to listen to chairman of UCPN-Maoist Prachanda, Madheshi leaders and even Prime Minister Sushil Koirala concerning the promulgation of a new constitution through a consensus on it. Oli even said that the political leaders hinting at the leaders of NC and CPN-UML had made the mistake of accepting Dr Baburam Bhattarai as the chairman of the Constitutional Political Dialogue and Consensus Committee (CPDCC), as he had not been moving the proposal for state restructuring, governance system, judicial and electoral models and so on for a new constitution for the votes to the CA. CPDCC was supposed to build a consensus on the contentious issues if not forward the issues to the CA for a vote. KP Oli had been mad at Dr Bhattarai for not sending the proposal to the CA the NC and CPN-UML submitted to this committee. Dr Bhattarai was the former prime minister also the former vice-chairman of UCPN-Maoist.

The UCPN-Maoist and Madheshi leaders had requested the NC and CPN-UML leaders to take out the proposal they had submitted to the CPDCC, and build a consensus on the contending issues. Senior leaders of NC Sher Bahadur Deuba said that his party would not pull out the proposal of the CPDCC. However, he stopped short of saying anything about what his party would do if the CPDCC were not to forward the proposal to the CA for the two-thirds votes.

Speaking at an event held to mark the centennial birth anniversary of late Ganeshman Singh on November 10, 2014, Prime Minister Sushil Koirala said that nobody could stop the CA from promulgating a new constitution on January 22, 2015. He also urged Chairman of CPDCC Dr Baburam Bhattarai to take the proposal to the CA if the CPDCC were not able to build a consensus on it. PM Koirala was clearly pushing the CA to settle the disputed issues by the two-thirds majority.

Chairman of CA Subhas Nemwang quoted the political leaders as saying that they could resolve the disputed issues within two hours. That would be possible if everybody were to give in to his/her stand on the issues and everybody were to agree on the common cause, and if everybody were to think logically, and if everybody were to have a vision Indian PM Modi had demonstrated.

Unfortunately, Nepalese leaders wanted to be rulers rather than service providers to the people. They believed that they were high above the common folks. They did not want to listen to the common folks. They did not want to realize the aspirations of the common folks for an inclusive constitution. They just want to ignore the concerns of the common folks.

It must be a great relief to the Chairman of UCPN-Maoist and the Madheshi leaders, and the ethnic leaders that PM Modi suggested the Nepalese political leaders to craft a new constitution that would be owned by every Nepalese. PM Modi’s suggestion for building a consensus on crafting a new constitution was largely taken as the support for the causes the UCPN-Maoist and the Madheshi leaders and the ethnic leaders have been fighting for. PM Modi clearly understood without a consensus of the opposition on crafting a new constitution, Nepal would not be able to craft a new constitution; Nepal even might relapse into confrontation and conflict causing political instability if Nepalese leaders were not to craft a new constitution in the near future. That was not in the interest of the neighboring country like India.

After the proposal for state restructuring, governance system, judicial and electoral models and so on for a new constitution the NC and CPN-UML submitted to the CPDCC, Chairman of UCPN-Maoist Prachanda, Madheshi leaders and ethnic leaders have been protesting against the proposal, and they were for launching a street protest against it. Chairman Prachanda had been going around seeking the support of political parties for the protest against the proposal the NC and CPN-UML had unilaterally submitted to the CPDCC.

To counter the activities of Chairman Prachanda, the NC and CPN-UML jointly held a news conference on November 9, 2014. Speaking at the news conference, Prime Minster Sushil Koirala warned the chairman of UCPN-Maoist of not using the language of intimidation while going against the proposal the coalition of NC and CPN-UML had submitted to the CPDCC. He, however, said that he was not concerned with such a threat from Chairman Prachanda probably hinting at the two-thirds majority his coalition had in the CA. Speaking at the same news conference, Chairman of CPN-UML KP Oli charged Chairman Prachanda with trying to provoke the public to the protest, and sow the seeds of hatred among the common folks. Oli also said that the chairman of CPDCC had no choice but to forward the proposal to the CA for the two-thirds majority votes.

Chairman Prachanda has been saying that the proposal the NC and CPN-UML submitted to the CA was to put the political changes the people’s movement had brought in the country on the reverse gear and led the country back to the previous constitution. Chairman Prachanda pointed out that the proposal went against the 12-point understanding, and the Comprehensive Peace Agreement his party had reached with the then seven-party alliance and then the government respectively. He also said that his party and other like-minded political parties would take the issue to the people, and make them aware of what the NC and CPN-UML were trying to do for annulling the changes brought by the people’s movement. Chairman Prachanda also warned the NC and CPN-UML leaders of making the grave mistake of attempting to promulgate a new constitution following the two-thirds majority votes.

Not only our neighbor PM Modi was for an inclusive constitution but also the US ambassador in Nepal was for it, too. At the meeting held at the Sanepa residence of Chairman of CPDCC Dr Baburam Bhattarai, US Ambassador Peter W Bodde told Dr Bhattarai that he preferred the promulgation of a new constitution on a consensus of all political parties, according to the news posted on Gorkhapatraonline.com on November 5, 2014.

The Adivasi-Jatiya-Chhetriya Mahasang (a federation of indigenous groups) has warned of the imminent confrontation with the people if the NC and his partner CPN-UML were to force the proposal they had submitted to the CPDCC on the indigenous people. In a statement released in Kathmandu on November 6, 2014, General Secretary of Federation Suresh Alemagar said that the proposal submitted to the CPDCC was totally against the aspirations of the indigenous/ethnic communities, dalits, Madhesis for change. He also said that it ignored federalism, Muslims and women’s representation, and the rights of the indigenous people, and it also ignored the agreements and understandings the indigenous communities had reached with the government, according to the news on Gorkhapatraonline.com of November 6, 2014.

Concerned with the proposal submitted to the CPDCC, on Monday November 17, 2014, Nepal Federation of Indigenous Nationalities (NEFIN) and Indigenous Nationalities Movement of Nepal announced programs to jointly fight for ensuring the indigenous people's rights in a new constitution, according to the news onnepalnews.com. On Monday, November 17, 2014, Madheshi lawmakers belonging to NC and CPN-UML had reached an agreement on jointly collecting signatories for the petition against the proposal, and have started talking to other Madheshi, indigenous and Tharu lawmakers for their endorsement of it, according to the news onnepalnews.com. To counter the signature of the Madheshi lawmakers, NC and CPN-UML submitted the signatures of two-thirds of its members in support of its proposal to the CPDCC on the same day.

The opposition front comprising the UCPN-Maoist, Madheshis and some other small political parties had taken the PM Modi’s suggestion for building a consensus of all concerned on a new constitution as timely and a decisive factor in a constitution crafting. For that matter, the opposition leaders believed that the SAARC summit held in Nepal on November 26 & 27, 2014 was successful. However, CPN-Maoist opposing everything done through the CA, and staying out of the CA had opposed the recent electricity power agreement Nepal reached with India.

NC and its partner CPN-UML had not spoken out for or against the PM Modi’s suggestion made on November 25, 2014 for crafting a new constitution on a consensus rather than pushing it through the CA by the two-thirds majority votes. It must have been a political thunderbolt that had hit hard on their heads. They had not been recovered from the senselessness caused by such a lightning hit. It would take some time for them to come to senses. So, a new constitution might not get through the CA on January 22, 2015.

Chairman of CPN-UML KP Oli said that the NC and CPN-UML would try for building a consensus on the proposal they had submitted to the CPDCC if they were not able to build a consensus then they would promulgate a new constitution on January 22, 2015. Mr. Oli was in a hurry to promulgate a new constitution at any cost no matter what would happen to the people and the nation because he had a dream of taking the office of prime minister.

Prime Minister Sushil Koirala had declared that he would quit the office once the CA promulgated a new constitution. Nobody knew whether Koirala would keep his words or not but Oli was almost sure that he could take the office. Oli believed that he was the only claimant for the office of prime minister after Koirala. Two leaders of his party had already held the office, the NC had Koirala as the prime minister then it was the turn of the CPN-UML to preside over a new cabinet. So, Oli as the chairman of CPN-UML had the rights to taking the office. Even the opposing party UCPN-Maoist had already made two prime ministers. Oli had the real chance of taking the office of prime minister after Koirala. Under no circumstances, Oli could wait for delaying the promulgation of a new constitution.

Mr. Oli also knew that he could be the prime minister even at the time of the general elections Nepal would hold after the promulgation of a new constitution. Holding elections was a good chance for him to take another opportunity of continuing in the office even after the general elections. As a prime minister, he could use every possible state mechanism for winning the general elections for his party, and of course for himself, too. Mr. Oli had a great vision for the future of his party and for himself.

Prime Minister Sushil Koirala was so weak he did not know what to do with the suggestion of PM Modi. He wanted to promulgate a new constitution on the deadline he had set for January 22, 2015. He also knew that building a consensus on the disputed issue would be a major setback for his party. So, the NC and CPN-UML jointly put forward the proposal for state restructuring, governance system, judicial and electoral models and so on for a new constitution to the CPDCC for a consensus if not forward it to the CA for the two-thirds majority votes. To the PM Koirala’s utmost surprise, maybe even to his disappointment, the PM Modi’s suggestion for building a consensus on these issues stood in the way to pushing a new constitution through the CA.

In this circumstance, Prime Minister Koirala had no choice but to turn over the office of prime minister to the strong personality of the new generation leaders of his party such as Gagan Thapa and Krishna Prasad Sitaula. It would break up the dream of Oli to be the next prime minister and to record his name as the prime minister of Nepal. Gagan Thapa would do everything possible to nullify the dream of Oli. Then, Oli might even opt for sitting on the opposition rather than going along with the NC. However, the current opposition would support this action of Gagan Thapa if the NC were serious to build a consensus on the disputed issues.

The new rising-generation leaders of the NC were Gagan Thapa and Krishna Prasad Sitaula. These two-new-generation leaders had the capacity to build a consensus among the political leaders. They could even bring other leaders of the CPN-UML bypassing the Oli group in other words they could sideline Oli and move forward. Gagan Thapa or Krishna Prasad Sitaula could form an all-party government and go ahead to find a common ground for crafting a new constitution.

Senior leader Sher Bahadur Deuba and vice-president of NC Ramchandra Poudel might claim the office of prime minister after Koirala left the office. Former king Gyanendra had twice fired Deuba from the office of prime minister. However, he had managed to win the general elections from two constituencies in 2013. Ramchandra Poudel had risen to higher echelon of the NC party due to the favor of former NC leader Girija Prasad Koirala whereas Gagan Thapa was an energetic young leader. He made his career independently. He had scored highest votes in the election to the member of the Central Working Committee of the NC. He also garnered highest votes in the general elections held in 2013. Gagan Thapa would be acceptable to the UCPN-Maoist, Madheshis, and CPN-UML except for Mr. Oli for the reasons already mentioned whereas both Deuba and Poudel would not be acceptable to these opposition political parties.

In this way, NC could change the current political course, and put the country on the right track of institutionalizing republic, and meet the people’s aspirations for it and for the democratic system of governance. Certainly, Oli had been engaged in pacifying the PM Modi’s suggestion, and trying to swim against the prevailing political current going against finding a common ground on the contentious issues, and attempting on promulgating a new constitution by the two-thirds majority votes.

Some political analysts might say that building a consensus was impossible, as chairman of RPP-N Kamal Thapa and chairman of Janamorcha Chitra Bahadur KC would never accept the secularism and the federalism respectively. That was true but the fact was that Hindu fanatics like Kamal Thapa had received less than five percent slots in the CA for his Hinduism in the country where ninety percent of the people believed to be Hindus, and Chitra Bahadur KC had received negligible slots in the CA for his anti-federalism.

PM Modi’s consensus was not give in to such tiny voices but to the majority voices of all major political parties in the CA including the CPN-Maoist that had been staying out of the CA. CPN-Maoist had not participated in the CA elections. It had been asking for an all-party roundtable conference for a new constitution. Political parties needed to bring the CPN-Maoist to their fold and make the CPN-Maoist participate in the crafting of a new constitution. It was not a simple thing to do but young leaders might do it. Old generation leaders should not stand in the way of the new generation leaders and bring the political crisis in Nepal.

We said that Prime Minister Koirala was a weak person but he was not so in dealing with the common folks. For example, PM Koirala ruthlessly dealt with the common folks almost like imposing a curfew during the SAARC summit held in Kathmandu on November 26 & 27, 2014. He closed traffic causing harassment to the commuters. He declared two days off for holding SAARC summit causing billions of rupees loss to the business community. In the world where the rule of law was the order of day, the business community would have gone to the law court demanding the compensation for the business loss incurred to them by shutting down the country for two days.

Disregarding the people’s concerns and their rights to do business without hindrance by anybody, PM Koirala had sown the seeds of discontent among the Nepalese people. PM Koirala might have thought that he had every right to obstruct the business of the common folks. He had simply emulated the actions of the Shah era rulers that did everything for the comfort and luxury of the Shah king causing immense troubles to the common folks.

Mr. Koirala had set the record of the human rights violation imprisoning Chandra Kant Raut in short CK Raut for saying the Madheshis had been the victims of discrimination and rights abuses, and asking for an independent home for Madheshis if they were not to live as equals to everybody in the society. It had been a shame on our democracy if we had any. It was something that the Rana prime minister or the Panchayat era prime ministers of the Shah dynastic rule did. In this case, PM Koirala was not different from the Rana and panchayati monster rulers.

It might be another seed PM Koirala had sown to grow into revolution. Madheshis, Tharus, Tamangs, Nevahs and name any ethnic group were no more willing to tolerate the discrimination against them as their ancestors did for 240 years of the Shah despotic rule. They would fight rather harder than any time in the past. PM Koirala and leaders of his party might not be able to stop them from claiming what they deserved to live like rightful humans in their own country. If the leaders were not willing to give them what they deserved as the citizens of the country they had every rights to fight for an independent state.

Such shameful actions of PM Koirala fueled the ember of the Maoist revolution. Netra Bikram Chand popularly known as Biplav among the Maoists openly came out of his CPN-Maoist that was a breakaway party of the UCPN-Maoist, too. Speaking at the news conference held in Kathmandu on December 1, 2014, Netra Bikram Chand declared another breakaway CPN-Maoist. He said that his party would fight for protecting ‘national unity, integrity, sovereignty and rights of people’, according to the news posted on ekantipur.com. He also warned of waging an armed struggle and reinstating a parallel government if the needs were to arise.

Whether Netra Bikram Chand would be another Matrika Yadav that had come out of the parent UCPN-Maoist and set up his CPN-Maoist and then went to hibernation remains to be seen. One thing was sure that such a new party might be another option to the Nepalese people looking for an alternative to the current political parties and shameless PM Koirala that crushed the people’s aspirations for early promulgation of a new constitution. PM Koirala also alienated the voters doing nothing for the people.

ENDS

© Scoop Media