Shirish B Pradhan (PTI)
Kathmandu, January 15, 2007|13:54 IST
Nepal's House of Representatives began discussions on Monday on the Interim Constitution that will be promulgated later in the day paving the way for the formation of a new House of 330 members including 83 Maoists.
The interim constitution is also expected to slice off most of the powers of King Gyanendra as also stripping him of the position of the head of the state.
After the endorsement of the Interim Constitution, the reinstated HOR will be dissolved and an Interim House with 330 members will be constituted that will include the Maoists for the first time as part of the ongoing peace process.
Top Maoist leaders including chairman Prachanda and his deputy Baburam Bhattarai will not join the new Parliament. The Nepali Congress party and the CPN-UML have been alloted 85 and 83 seats respectively.
The interim statute was introduced in the House of Representatives (HOR) by Minister for Law and Justice on behalf of Prime Minister GP Koirala for discussion.
Members of Parliament including former Prime Minister Sher Bahadur Deuba of Nepali Congress (Democratic), Sushil Koirala of Nepali Congress and Bharat Mohan Adhikary of Communist Party Nepal-UML (CPN-UML) took part in the discussion.
The interim parliament will promulgate the interim constitution on Monday that would facilitate the inclusion of the Maoists in the cabinet. The interim constitution will facilitate the holding of the constituent assembly elections in mid-June to draft a new constitution.
In the aftermath of the 'People's Movement' in April the reinstated HOR has ended most of the powers of the King through a parliamentary declaration on May 18 and made the people the sovereign source of power in the country.
All powers as head of the state that was earlier with the King will now be enjoyed by the Prime Minister as per the new constitution.
The eight major political parties including the Maoists have agreed to decide the fate of monarchy by the first meeting of the constituent assembly.
Sunday, January 14, 2007
MPs criticise interim constitution, demand amendments
nepalnews.com sd Jan 15 07
In its last session, the House of Representatives witnessed a volley of criticisms against the finalised interim constitution, which it looks all set to promulgate.
Speaker Subash Chandra Nemwang chairing the last session of the reinstated...
Even senior leaders of ruling seven party alliance have criticised the interim constitution. Addressing the parliament, Bharat Mohan Adhikary, standing committee member of the Unified Marxist Leninist (UML), pointed out several flaws in the constitution. "I regret the fact that this interim constitution does not allow the parliament to remove the Prime Minister once he is appointed. The parliament session cannot be held unless the PM convenes it. There are provisions that could jeopardise the democracy," Adhikary said.
Adhikary also drew the attention of the parliament towards demands for amendments made by the Supreme Court on the provisions related with judiciary.
"Most importantly, I am sad why the government did not allow the parliament to discuss it thoroughly. When the eight party leaders, on January 8, decided to promulgate the interim constitution on January 15, why they did not wish to allow the parliament to discuss it in the last one week?" he questioned.
Likewise, the president of Rastriya Prajatantra Party (RPP), was particularly bitter about the interim constitution. "We were proud when the parliament restored after the people's movement was declared sovereign. But it appears we were no more than respected rubber stamp. We did not have any status even to thoroughly discuss the interim constitution," Rana said. "All tradition, norms and values of parliamentary system has been violated by the manner in which this interim constitution is being promulgated."
"I know our voices will not be heard today. But a day will come when the interim parliament will be compelled to adopt the amendment proposals the RPP has presented," he said.
Rana lambasted the eight parties for "negating" a big chunk of Nepali society. "It is not only the RPP that has called for amendment. The civil society, media, judiciary and bar has called for amendments," he added.
According to Rana, the interim constitution has been indifferent to the issues of Madhesis, women, Dalit, indigenous and other minorities. He claimed that his party will honestly lead these neglected sections of society. Rana warned that his party will be compelled to boycott the parliament if their issues continue to go unaddressed.
Chitra Bahadur KC, MP of People's Front, also criticised the interim constitution. He warned that the interim constitution indicates the country would no more be governed by the rule of law. "Instead there are enough indications that King's autocracy is going to be replaced by dictatorship of eight parties," he said.
KC called for amendment in the citizenship provision and demanded that independence of judiciary be fully respected. He expressed doubts that given the continued intimidation and physical action by the Maoist militia in villages there would be CA election in "free, fair and fearless environment."
Rajendra Mahato, an MP from Nepal Sadbhavana Party (Anandidevi), also criticised the interim constitution for not providing equal status to all kinds of people. He said that without addressing the issues of Madhesis, the ongoing violence in Terai region would not be resolved. "Peace will not come just by writing in the interim constitution that there will be peace," he said.
Sher Bahadur Deuba, president of Nepali Congress (Democratic), defended the constitution saying it was the document of compromise. "There are issues in which our party also differs. But this is a document of compromise and understanding and we are all committed to hold elections of Constituent Assembly," he said. Likewise, vice president of Nepali Congress Sushil Koirala said the interim constitution was the product of people's sovereignty. The last session of the parliament is still underway. The parliament is expected to promulgate the interim constitution today itself after discussions. nepalnews.com sd Jan 15 07
In its last session, the House of Representatives witnessed a volley of criticisms against the finalised interim constitution, which it looks all set to promulgate.
Speaker Subash Chandra Nemwang chairing the last session of the reinstated...
Even senior leaders of ruling seven party alliance have criticised the interim constitution. Addressing the parliament, Bharat Mohan Adhikary, standing committee member of the Unified Marxist Leninist (UML), pointed out several flaws in the constitution. "I regret the fact that this interim constitution does not allow the parliament to remove the Prime Minister once he is appointed. The parliament session cannot be held unless the PM convenes it. There are provisions that could jeopardise the democracy," Adhikary said.
Adhikary also drew the attention of the parliament towards demands for amendments made by the Supreme Court on the provisions related with judiciary.
"Most importantly, I am sad why the government did not allow the parliament to discuss it thoroughly. When the eight party leaders, on January 8, decided to promulgate the interim constitution on January 15, why they did not wish to allow the parliament to discuss it in the last one week?" he questioned.
Likewise, the president of Rastriya Prajatantra Party (RPP), was particularly bitter about the interim constitution. "We were proud when the parliament restored after the people's movement was declared sovereign. But it appears we were no more than respected rubber stamp. We did not have any status even to thoroughly discuss the interim constitution," Rana said. "All tradition, norms and values of parliamentary system has been violated by the manner in which this interim constitution is being promulgated."
"I know our voices will not be heard today. But a day will come when the interim parliament will be compelled to adopt the amendment proposals the RPP has presented," he said.
Rana lambasted the eight parties for "negating" a big chunk of Nepali society. "It is not only the RPP that has called for amendment. The civil society, media, judiciary and bar has called for amendments," he added.
According to Rana, the interim constitution has been indifferent to the issues of Madhesis, women, Dalit, indigenous and other minorities. He claimed that his party will honestly lead these neglected sections of society. Rana warned that his party will be compelled to boycott the parliament if their issues continue to go unaddressed.
Chitra Bahadur KC, MP of People's Front, also criticised the interim constitution. He warned that the interim constitution indicates the country would no more be governed by the rule of law. "Instead there are enough indications that King's autocracy is going to be replaced by dictatorship of eight parties," he said.
KC called for amendment in the citizenship provision and demanded that independence of judiciary be fully respected. He expressed doubts that given the continued intimidation and physical action by the Maoist militia in villages there would be CA election in "free, fair and fearless environment."
Rajendra Mahato, an MP from Nepal Sadbhavana Party (Anandidevi), also criticised the interim constitution for not providing equal status to all kinds of people. He said that without addressing the issues of Madhesis, the ongoing violence in Terai region would not be resolved. "Peace will not come just by writing in the interim constitution that there will be peace," he said.
Sher Bahadur Deuba, president of Nepali Congress (Democratic), defended the constitution saying it was the document of compromise. "There are issues in which our party also differs. But this is a document of compromise and understanding and we are all committed to hold elections of Constituent Assembly," he said. Likewise, vice president of Nepali Congress Sushil Koirala said the interim constitution was the product of people's sovereignty. The last session of the parliament is still underway. The parliament is expected to promulgate the interim constitution today itself after discussions. nepalnews.com sd Jan 15 07
Dictatorship of Eight Parties?
The interim constitution is definite to pave the way for the dictatorship of eight parties denying the basic rights of citizens to share power
By Keshab Poudel
Despite the glaring lacunae in the draft of interim constitution, the leaders of eight political parties have agreed to promulgate it on January 15 undermining the concerns expressed by lawyers, judges and other members of civil society and ethnic groups.
A summit meeting of top leaders of eight political parties on January 8, 2007 at prime minister’s residence in Baluwatar unanimously fixed the date for announcement of new constitution.
According to the agreement, the draft will be presented in the House of Representatives on January 15 and it will be promulgated after brief discussion. The same day interim parliament will be formed and it will endorse the interim constitution.
“After the promulgation of this interim constitution, I as a citizen of this country cannot be a member of parliament, if I don’t belong to the SPA+Maoists alliance party. As I cannot be the member of parliament, I cannot be in government too. They have gracefully provided me an opportunity to cast my vote for the elections of the members of Constituent Assembly,” said a political analyst.
Seven parties plus Maoist have changed the popular word democracy to Loktantra and by that they say they are going to build a new Nepal . As morning shows the day, on the auspices of eight party alliance, one can easily guess how the elections for the Constituent Assembly would be held and what would be the results coming out of it.
Objectionable Parts
There are many objectionable things in it. Most unprincipled and unwise article is related to the eligibility of a citizen to share power. A person who does not belong to any of the eight parties will have no right to be the member of parliament as well as in the government.
“Most objectionable part in the present draft is that people have been deprived to be the members of parliament as well as to be in the government if they don’t belong to any of the eight party alliance constituents,” said the analyst. “The previous constitution of 1990 had made the common people sovereign with power as well as dignity too. The present draft has created two categories of citizens - one who belong to eight parties alliance are to make laws to govern and rest of the population are supposed to put them into power by casting their votes and abiding by their laws and pay taxes.”
Former prime minister Surya Bahadur Thapa, who was popularly elected for several times in parliament, now will not have a seat in the parliament in case eight parties find his role is ‘against Loktantric Andolan.’ “Compared to that, the present constitution of 1990 gives opportunity to every Nepali to be the member of parliament as well as run the government without any discretion of the political faith and alliance,” said the analyst.
Similarly, Pashupati Sumsher Rana’s RPP, too, will have similar fate though they have nationwide party organizations and had opposed the Royal take over. Thapa and Rana will have to prove their faith and commitment in front of eight party leaders who under the constitution can decide qualification and disqualification of their membership. On the ground of holding different views, several other such members who had not committed any crime or offence would also be denied entry to the new parliament.
“In this new version of democracy and in the map of new Nepal , persons will be deprived from their due positions mainly because of their views and not due to any omission or commission,” said the analyst. “At par with the one idea state, a blue print has been laid down which would prevail over the future shape of constitution after the restricted and guided process of Constituent Assembly.”
According to analysts, in this new Nepal, leader of one-man party Narayan Man Bijujkchhe Rohit, who has always been criticizing his alliance parties alleging that they are being instrumental to diminish Nepal’s position to Sikkim and Bhutan, will be in power. But not the party with national presence like Surya Bahadur Thapa’s Jansakti and Pashupati Sumsher Rana’s RPP.
Eight Parties’ Monopoly
The article 38 of the interim statute states that prime minister will be chosen under the political understanding of eight political parties. The article explicitly says eight parties will include Nepali Congress, CPN-UML, Nepali Congress (Democratic), United People’s Front, Nepal Sadvabana Party (Anandidevi), Nepal Workers and Peasant Party, United Left Front and CPN-Maoist.
Monopolizing power further, the article 45 says there will be 330 members in the interim parliament including 209 members of previous parliament, 73 nominated by Nepal Communist Party - Maoists and 48 other nominated under various bases.
Under the article 45 (2), leaders of eight parties can bar any member by terming them to have been affiliated with the group of anti People’s Movement. These clauses restrict other political parties’ to take part in the political process.
Under the party registration, the eight parties secured privileges putting certain conditions including the requirement of 10,000 signatures of voters to register new political parties. Finally, they have to express their faith in the letter and spirit of the constitution, which is again defined by eight parties.
In the eight party alliance, majority of them have no stake of their ideology because they don’t hold a faith in multiparty plural democracy but how the two splinters of Nepali Congress as democratic parties are going to explain to the people as well as build up their image in the history by surrendering to a totalitarian model of governance remains to be seen.
Anger Over Judges
Even before the agreement of the leaders of eight parties, on January 7, Supreme Court judged had made certain unanimous suggestions demanding to make the judiciary more independent. However, demanding the independence of judiciary seems to be a crime in the eyes of eight party alliance.
Though the suggestion for independent judiciary is not for the judges and courts, it is for the protection of rights of citizens, but parties condemned this professional move as a political ploy.
“Judges cannot make decision on the issue of amendment of constitution. Their decision is politically motivated,” said CPN-UML leader Jhalnath Khanal, who even disclosed a week ago that many clauses were added in the draft without their consent. In recent reactions, political parties are looking at the interim constitution as a political document.
“The constitution is not only a political document or peace agreement of eight political parties but it is a principle law of the land of 25 million Nepali people,” said advocate Kumar Regmi.
The judges have not only expressed their disagreement over the draft, they have also proposed practical and reasonable alternatives. For instance, they have proposed that judges should be appointed by judicial council till the position of head of the state is clear, the oath of office should be administered by that constitutional body instead of the prime minister and executive head, the judicial council should have more members from the judges and so on.
“There must be check and balance among executive, judiciary and legislature organs of the state. Democracy cannot function properly if one of these organs is made more powerful. We have to follow this. I think prime minister Girija Prasad Koirala has rightly objected against concentrating power on prime minister,” said Nepali Congress leader Govinda Raj Joshi.
Against the Dissenting Opinion
The remarks and reactions of communist and liberal democratic leaders are clear as they are against citizen’s right to dissent - opening a new way for absolutism of eight parties in Nepal .
“Judges are not made to write the constitution and they are not the persons who can say what kind of constitutional system the country requires. It is for the politicians to decide,” said Home Minister Krishna Prasad Sitaula. “The constitution will promulgate as per wishes of eight parties not as per wishes of judges,” thundered Sitaula who even overrode prime minister Girija Prasad Koirala’s views on certain reservations on constitution.
After observing reactions from various quarters, judges of Supreme Court have been forced to speak their conscience regarding the independence of judiciary and higher values of constitutionalism after serious deliberations among them. “At a time when the leaders of government have been threatening and issuing warnings to all including the judges for their safety of tenure, the judges of supreme court have risked their jobs and security to uphold the ideals which Nepal ’s judiciary has been building up brick by brick since the great change of 1951,” said the political analyst.
When reactions of members of liberal democratic parties like home minister Sitauala is such, one does not have to say anything about the opinion of followers of dictatorship of proletariat like CPN-Maoist and CPN-UML leaders.
“Judiciary still has the hangover of feudalist Ranas. Our demand of reappointment of judges has been justified following the decision of Supreme Court,” said CPN-Maoist leader Dr. Baburam Bhattarai commenting on the decision of Supreme Court. “Such judges must be removed who oppose the document prepared by eight parties.”
Other lawyers argue that the independent judiciary is prerequisite for democracy. “Independent judiciary is one of the pre-requisites of any democratic system of the world. We want to see independent and competent judiciary not a committed judiciary,” said advocate Kumar Regmi. “Judges have not demanded that they want increase of salary or their individual facilities but they want to incorporate the fundamental of the independent judiciary in the interim constitution.”
Orwellian Description
“An Orwellian description has appropriately been adopted here declaring all are equals but some are more than equals. Ruling class of eight party alliance has emerged under a leadership of octogenarian democrat Girija Prasad Koirala who had ignored all values and ideals popularized by his own august brother, B.P. Koirala,” said a political analyst.
Although Nepali Congress is claming as a party of B.P. Koirala, they have sacrificed all his ideals for personal gains. “B.P. Koirala is a brand name for the respectable image in the people. But his ideas are difficult to be followed with the same idealism and integrity. Since the demise of B.P. Koirala, all the time Nepali Congress leaders are assuming their followers and common people that they fully adhere to his ideas but people fail to see that in practice,” said the analyst. “The present alliance of Nepali Congress was unholy and therefore unethical. It is a great tragedy of a great legacy that they are going to declare a constitution which creates two categories of citizens one who can be in power due to their political alliances and another who cannot be.”
(Courtesy : Spotlight, Jan 12, 2007)
By Keshab Poudel
Despite the glaring lacunae in the draft of interim constitution, the leaders of eight political parties have agreed to promulgate it on January 15 undermining the concerns expressed by lawyers, judges and other members of civil society and ethnic groups.
A summit meeting of top leaders of eight political parties on January 8, 2007 at prime minister’s residence in Baluwatar unanimously fixed the date for announcement of new constitution.
According to the agreement, the draft will be presented in the House of Representatives on January 15 and it will be promulgated after brief discussion. The same day interim parliament will be formed and it will endorse the interim constitution.
“After the promulgation of this interim constitution, I as a citizen of this country cannot be a member of parliament, if I don’t belong to the SPA+Maoists alliance party. As I cannot be the member of parliament, I cannot be in government too. They have gracefully provided me an opportunity to cast my vote for the elections of the members of Constituent Assembly,” said a political analyst.
Seven parties plus Maoist have changed the popular word democracy to Loktantra and by that they say they are going to build a new Nepal . As morning shows the day, on the auspices of eight party alliance, one can easily guess how the elections for the Constituent Assembly would be held and what would be the results coming out of it.
Objectionable Parts
There are many objectionable things in it. Most unprincipled and unwise article is related to the eligibility of a citizen to share power. A person who does not belong to any of the eight parties will have no right to be the member of parliament as well as in the government.
“Most objectionable part in the present draft is that people have been deprived to be the members of parliament as well as to be in the government if they don’t belong to any of the eight party alliance constituents,” said the analyst. “The previous constitution of 1990 had made the common people sovereign with power as well as dignity too. The present draft has created two categories of citizens - one who belong to eight parties alliance are to make laws to govern and rest of the population are supposed to put them into power by casting their votes and abiding by their laws and pay taxes.”
Former prime minister Surya Bahadur Thapa, who was popularly elected for several times in parliament, now will not have a seat in the parliament in case eight parties find his role is ‘against Loktantric Andolan.’ “Compared to that, the present constitution of 1990 gives opportunity to every Nepali to be the member of parliament as well as run the government without any discretion of the political faith and alliance,” said the analyst.
Similarly, Pashupati Sumsher Rana’s RPP, too, will have similar fate though they have nationwide party organizations and had opposed the Royal take over. Thapa and Rana will have to prove their faith and commitment in front of eight party leaders who under the constitution can decide qualification and disqualification of their membership. On the ground of holding different views, several other such members who had not committed any crime or offence would also be denied entry to the new parliament.
“In this new version of democracy and in the map of new Nepal , persons will be deprived from their due positions mainly because of their views and not due to any omission or commission,” said the analyst. “At par with the one idea state, a blue print has been laid down which would prevail over the future shape of constitution after the restricted and guided process of Constituent Assembly.”
According to analysts, in this new Nepal, leader of one-man party Narayan Man Bijujkchhe Rohit, who has always been criticizing his alliance parties alleging that they are being instrumental to diminish Nepal’s position to Sikkim and Bhutan, will be in power. But not the party with national presence like Surya Bahadur Thapa’s Jansakti and Pashupati Sumsher Rana’s RPP.
Eight Parties’ Monopoly
The article 38 of the interim statute states that prime minister will be chosen under the political understanding of eight political parties. The article explicitly says eight parties will include Nepali Congress, CPN-UML, Nepali Congress (Democratic), United People’s Front, Nepal Sadvabana Party (Anandidevi), Nepal Workers and Peasant Party, United Left Front and CPN-Maoist.
Monopolizing power further, the article 45 says there will be 330 members in the interim parliament including 209 members of previous parliament, 73 nominated by Nepal Communist Party - Maoists and 48 other nominated under various bases.
Under the article 45 (2), leaders of eight parties can bar any member by terming them to have been affiliated with the group of anti People’s Movement. These clauses restrict other political parties’ to take part in the political process.
Under the party registration, the eight parties secured privileges putting certain conditions including the requirement of 10,000 signatures of voters to register new political parties. Finally, they have to express their faith in the letter and spirit of the constitution, which is again defined by eight parties.
In the eight party alliance, majority of them have no stake of their ideology because they don’t hold a faith in multiparty plural democracy but how the two splinters of Nepali Congress as democratic parties are going to explain to the people as well as build up their image in the history by surrendering to a totalitarian model of governance remains to be seen.
Anger Over Judges
Even before the agreement of the leaders of eight parties, on January 7, Supreme Court judged had made certain unanimous suggestions demanding to make the judiciary more independent. However, demanding the independence of judiciary seems to be a crime in the eyes of eight party alliance.
Though the suggestion for independent judiciary is not for the judges and courts, it is for the protection of rights of citizens, but parties condemned this professional move as a political ploy.
“Judges cannot make decision on the issue of amendment of constitution. Their decision is politically motivated,” said CPN-UML leader Jhalnath Khanal, who even disclosed a week ago that many clauses were added in the draft without their consent. In recent reactions, political parties are looking at the interim constitution as a political document.
“The constitution is not only a political document or peace agreement of eight political parties but it is a principle law of the land of 25 million Nepali people,” said advocate Kumar Regmi.
The judges have not only expressed their disagreement over the draft, they have also proposed practical and reasonable alternatives. For instance, they have proposed that judges should be appointed by judicial council till the position of head of the state is clear, the oath of office should be administered by that constitutional body instead of the prime minister and executive head, the judicial council should have more members from the judges and so on.
“There must be check and balance among executive, judiciary and legislature organs of the state. Democracy cannot function properly if one of these organs is made more powerful. We have to follow this. I think prime minister Girija Prasad Koirala has rightly objected against concentrating power on prime minister,” said Nepali Congress leader Govinda Raj Joshi.
Against the Dissenting Opinion
The remarks and reactions of communist and liberal democratic leaders are clear as they are against citizen’s right to dissent - opening a new way for absolutism of eight parties in Nepal .
“Judges are not made to write the constitution and they are not the persons who can say what kind of constitutional system the country requires. It is for the politicians to decide,” said Home Minister Krishna Prasad Sitaula. “The constitution will promulgate as per wishes of eight parties not as per wishes of judges,” thundered Sitaula who even overrode prime minister Girija Prasad Koirala’s views on certain reservations on constitution.
After observing reactions from various quarters, judges of Supreme Court have been forced to speak their conscience regarding the independence of judiciary and higher values of constitutionalism after serious deliberations among them. “At a time when the leaders of government have been threatening and issuing warnings to all including the judges for their safety of tenure, the judges of supreme court have risked their jobs and security to uphold the ideals which Nepal ’s judiciary has been building up brick by brick since the great change of 1951,” said the political analyst.
When reactions of members of liberal democratic parties like home minister Sitauala is such, one does not have to say anything about the opinion of followers of dictatorship of proletariat like CPN-Maoist and CPN-UML leaders.
“Judiciary still has the hangover of feudalist Ranas. Our demand of reappointment of judges has been justified following the decision of Supreme Court,” said CPN-Maoist leader Dr. Baburam Bhattarai commenting on the decision of Supreme Court. “Such judges must be removed who oppose the document prepared by eight parties.”
Other lawyers argue that the independent judiciary is prerequisite for democracy. “Independent judiciary is one of the pre-requisites of any democratic system of the world. We want to see independent and competent judiciary not a committed judiciary,” said advocate Kumar Regmi. “Judges have not demanded that they want increase of salary or their individual facilities but they want to incorporate the fundamental of the independent judiciary in the interim constitution.”
Orwellian Description
“An Orwellian description has appropriately been adopted here declaring all are equals but some are more than equals. Ruling class of eight party alliance has emerged under a leadership of octogenarian democrat Girija Prasad Koirala who had ignored all values and ideals popularized by his own august brother, B.P. Koirala,” said a political analyst.
Although Nepali Congress is claming as a party of B.P. Koirala, they have sacrificed all his ideals for personal gains. “B.P. Koirala is a brand name for the respectable image in the people. But his ideas are difficult to be followed with the same idealism and integrity. Since the demise of B.P. Koirala, all the time Nepali Congress leaders are assuming their followers and common people that they fully adhere to his ideas but people fail to see that in practice,” said the analyst. “The present alliance of Nepali Congress was unholy and therefore unethical. It is a great tragedy of a great legacy that they are going to declare a constitution which creates two categories of citizens one who can be in power due to their political alliances and another who cannot be.”
(Courtesy : Spotlight, Jan 12, 2007)
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