Category Archives: Constituent Assembly 3

Constituent Assembly Has Made Substantial Progress in Constitution Writing

Despite all the chaos and apparent differences of positions/opinions/ideologies of political parties, they have made significant progress in drafting a new constitution. If one looks at the debates that have occurred in the CA over the past year and a half, it is clear that although differences between parties have persisted, there have also been major attempts to discuss issues and attempts to find adequate methods to address them.

There is a tendency in Nepali society that views the proceedings in the Constituent Assembly (CA) with great negativity and foreboding. The differences between the parties on important issues regarding the constitution go so deep, this line of analysis goes, that finding compromise is impossible. Those who believe this never expected the CA process to move as far as it has: to the stage where all 11 thematic committees have submitted their concept papers, they have been discussed and the next task is for the Constitutional Committee (CC) to write a complete draft of the constitution in the next month. Even now, the nay-sayers continue to disparage the process, emphasising the incomplete nature of the concept papers and the major differences between parties that yet remain to be resolved.

This reading is based on the premise that there is broadly one main fault line in the CA: between the Maoists and the ethnic/regional parties on the one side and the Nepali Congress and the CPN-UML on the other. This chasm between the two sides is so deep, it is thought, that bridging it is impossible. This is, however, a misreading of the situation. If one looks at the debates that have occurred in the CA over the past year and a half, it is clear that although differences between parties have persisted, there have also been major attempts to discuss issues and attempts to find adequate methods to address them. In many of these cases, in fact, there is agreement on the nature of the problems of Nepali state and society. The differences between parties are only regarding how to resolve them. Continue reading

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Nepali Constitution: In search of Excellence

By Prof. Suryabahadur Singh*

The experimentation of various types of Constitutions was carried out in Nepal. The country had to experience six more Constitutions until elections to Constituent Assembly, 2065 (2008) were held. It had been observed that, these procedural delay jeopardized the growth of democratic system to a greater extent and derail overall national development in the absence of stable constitution of Nepal.

First Constituent Assembly of Nepal

The King Mahendra, while promulgating ‘the Interim Government of Nepal Act, 2007 (1951), had emphasized upon, framing the Constitution by duly elected Constituent Assembly. During this stage, the King had desired to have Constitution drafted through a duly elected Constituent Assembly. At that time, the formation of first Constitutional Assembly was dithered due to political turmoil, lack of time, urgent need for constitution and unstable administration. This lags the constitutional development of Nepal in search of suitable constitutional model.

Continue reading

Historic Session of Constituent Assembly Begins in Nepal

Now (23:32), K B Gurung convenes another meeting of the CA tomorrow at 11 AM. The first meeting is over.

Now (23:25), K B Gurung declares the proposal passed. He also tables a proposal to direct the government to remove the former king and his secretariat withing 15 days. This proposal is passed by the majority of voice vote.

Now (23:23), The result. Total present 564. For YES 560. For NO 4.

Now (23:20), Prakash Chandra Lohani of RPP is speaking. Republic is not the destination, it is the means. Destination is the preserving of the national integrity, sovereignty, rejection of any type of dictatorship, democratic norms, liberating Nepalis from poverty.

Now (23:18), Chitra Bahadur KC is speaking. He says his party Rastriya Janamorcha differs with the federal provision that is stated in the proposal.

Now (23:15), KB Gurung says the time is finished. Some members hoot.

Now (23:10), Chandra Bdr Gurung of RPP Nepal, the same man who started raising objections from the beginning, is now speaking after the permission from KB Gurung. He says the country has entered into the gate of change. The beauty of democracy is that it lets people put note of dissent. RPP Nepal want to register a note of dissent, he says. He says our view will be ineffective as the remote control culture is being propagated instead of listening to one’s own voice. He is also praising the monarchy saying it defended Nepali nationalism.

Now (23:10), KB Gurung, the chair of the Assembly, is declaring the result. IT’S FOR YES. FOR NO.

Now (23:09), no one is seen trying to correct their vote. KB Gurung orders to open the gates. KB Gurung gives two minutes time to Prateebha Rana to put her views. She is from RPP. Her daughter Arjoo Rana Deuba is a member of CA from Nepali Congress. Prateebha says she wants to say something regarding Nepal being declared the secularism.

Now (23:06), KB Gurung gives three minutes to those who want to correct their votes. It seems no one is willing to correct.

Now (22:48), Sagarmatha TV is showing a footage in which UML member of the CA Kamala Sharma Poudel is trying to attack NC member Purna Bahadur Khadka with her sandal. Ram Chandra Poudel and others are seen trying to prevent her from attacking. Kamala is the wife of the slain UML candidate of Surkhet Rishi Prasad Sharma. Kamala thinks, the channel says, Purna Bahadur Khadka is behind the killing just days before the voting in April 10. UML put forward the candidacy of Kamala at the place of her killed husband and she won the election. Now TVs are showing senior leaders of NC and UML talking about the issue. Jhalanath Khanal, UML general secretary, is seen talking with NC leaders. Other members are curiously looking.

Now (22:45), the PM, who is about 84-year-old, leaves for his official residence.

Now (22:43), the votes are being counted. It appears that there are no NO votes against the five-point proposal to declare Nepal a republic.

[Meanwhile, TV stations are reporting that the government has given tomorrow and the day after tomorrow public holidays to celebrate the declaration of republic. Five out of 26 remaining members of the CA have been nominated, reported a TV station.]

Now (22:15), Basantapur (Kathmandu Durbar Square) is decorated by the people to celebrate the declaration of republic. People there are eagerly awaiting the result of the vote.

Now (22:12), Prachanda is back to his seat after voting. He is greeting other members who are passing by from his seat.

Now (22:09), the members of the CA are now voting.

Now (22:05), almost all members are going towards the gate that is assigned for those who are FOR the proposal. Prachanda of the Maoist is leading this line, Jhalanath Khanal of the UML is just behind him. As per the constitution, only a simple majority of the 601-member CA is needed for the proposal to be passed.

Now (22:02), KB Gurung formally tables the proposal for the decision. He tells the members of CA how to vote and explains them the procedures.

Now (21:56), the belling is ringing for the voting. The bell will ring for five minutes.

Now (21:54), as KB Gurugn is explaining the voting procedure, the same RPP Nepal member raises objection saying that the parties should be given chance to have debate on the proposal. KB Gurung said he will be given such chance after the voting.

Now (21:53), the Proposal is presented for decision.

Now (21:52), Home Minister is tabling the proposal related to the implementation of the republic.

Now (21:50), Hridayesh Tripathi of Terai Madhes Loktantrik Party is raising some objections.

Now (21:48), the proposal asks the Nepalis all over the world to celebrate republic day on Jestha 15 every year.

Now (21:47), the proposal says the benifits, privileges that are given to the former king which are more than what the general Nepali citizen get will automatically be stopped.

Now (21:46), the proposal says Nepal has been turned into a federal democratic republic.

Now (21:44), Home Minister Sitaula is tabling the republican related proposal on behalf of the PM. He says the proposal is the result of the meeting of the political parties.

Now (21:42), KB Gurung presents the proposal for the CA assembly procedure. Now the voice voting, YES is loude. The same RPP N member is trying to intervene the meeting. There is no NO. The proposal is passed unanimously.

Now (21:40), KB Gurung is reading out a letter sent by the speaker of the Indian parliament Som Nath Chattarjee.

Now (21:38), the PM says its our responsibility to implement all the agreements that we reached earlier. I have already invited the Maoist to form the government.

Now (21:35), the PM says all sorts of violence must be stopped from now.

Now (21:34),, the PM says the sovereign right of people will never be compromised, it will be strengthened.

Now (21:31), The PM asks minister Ram Chandra Poudel to read the PM’s speech on behalf of him. Poudel starts reading.

Now (21:29), the PM says “we have entered in a new era” and because “we maintained mutual trust, unity and consensus” which “we must maintain in the days ahead. This is the biggest weapon to solve the problem. We have gathered here to solve the problem today. Today is the day when my dream has been fulfilled. Today is the day when the dream of the country has fulfilled.”

Now (21:26), the PM is addressing the assembly. This is an opportunity to change an era. I am happy to welcome you here on this occasion. A day comes once in an era. This day is today.

Now (21:24 ), the chairman gives permission to the Prime Minister to address the CA meeting.

Now (21:22), the assembly is observing a two minute silence for the respect of the martyrs.

(21:19 hours) The first meeting of the CA has begun. As soon as the meeting began (with the announcement of the Chair of the assembly KB Gurung, the oldest member of the assembly, a member of the assembly from RPP Nepal, a pro-king party, tried to raise objection regarding “procedural mistake”.

People on Streets to Welcome the Declaration of Republic

Update: (21:19 hours) The first meeting of the CA has begun.

Soi Dhole Soi, Ganatantra Khoi?

Thousands of jubilant people have hit the streets chanting slogans that hail Nepal as a republic country as the Constituent Assembly is about to declare Nepal a republic. People who have gathered in New Baneswor where the first meeting of the CA will convene in the International Convention Center, are flying colorful balloons, singing songs with almost every line including the word “ganatantra”, painting “Ga” [for ganatantra= republic] signs on their cheeks, “Ganatantra” on their foreheads. Hundreds are now gathering (as of now, 12:48 PM) in Tinkune where they are whistling, chanting slogans and screaming Ganatantra Jindabad [Long Love the Republic], Rajtantra Murdabad [Down With Monarchy], Gyane Chor Desh Chod [Thief Gyanendra, Leave The Country], Soi Dhole Soi, Ganatantra Khoi? [in tune with a traditional Kirat festival song]. Gyanendra, the last king of Nepal, will be given a 15-day deadline by the government to vacate the royal Narayanhitti palace after the CA formalizes the pre-CA election decision of the Interim Parliament to declare Nepal a republic. The meeting of the CA hasn’t started as yet. Political leaders are busy finalizing the technicalities of the declaration, amendments of the Interim constitution that is needed along with the declaration and provision, rights and privileges of the President and the Vice President of the republic of Nepal. Continue reading

Nepal Awaits To Be the REPUBLIC of Nepal

I am writing these lines on the second hour of the day (that is 28 May 2008) that is expected to be a historic. Nepal, a 240-year-old monarchy, will formally be declared a republic today by the first sitting of the Constituent Assembly. The CA will meet in New Baneshwor’s International Convention Center that has been turned into a fortress by the heavy presence of the police. (A small bomb had gone off just outside the building the day before yesterday while another blasted in another part of Kathmandu. The third was defused by the security personnel.) I am just back from the downtown Kathmandu observing the city. The road surrounding the royal Narayahitti palace where the last king of Nepal is living as of now (01:38 AM) is calm and empty. A few Nepali Army soldiers were seen patrolling on the northern side of the palace. That appeared to be the regular patrol. A few soldiers and Armed Police personnel were seen guarding the western gate of the palace. Continue reading

Nepali Congress, CPN Maoist and the Unexpected Results From PR and FPTP

….because you never know the result of elections in advance!

If there is anything that is making CPN Maoist feel regrettable in the post-poll scenario that must be their pre-poll emphasis on the Proportional Representation (PR) system for the Constituent Assembly elections. On the other side of the political spectrum Nepali Congress must be feeling heavily indebted to the former rebels for Maoist’s insistence on the PR. Both of these parties were at the opposing end regarding PR: NC never fully favored it, Maoists wanted fully PR system. (Finally it was agreed in December that about 60 percent of the total CA seats would be elected through PR and about 40 percent through First Past the Post, FPTP or winner takes it all system. That meant out of total 601 seats, 240 for FPTP, 335 for PR and remaining 26 to be appointed by the PM.) Continue reading

While Congratulating Nepal for Historic Elections, United States is Silent About Maoist Victory

The following is the Press Statement issued by Sean McCormack, Spokesman of the US Department of State in Washington, DC on April 14, 2008

Nepal Elections: We congratulate the people of Nepal on their historic Constituent Assembly election on April 10. Although there was considerable violence and intimidation during the pre-election period, and some instances of voting irregularities on election day, Nepali voters were able to cast their ballots peacefully in most districts. Over the next days and weeks, as complete results of these polls become known, the United States urges patience and nonviolent observance of the democratic process. We look forward to the formation of an assembly that reflects the will of the Nepali people, ready to begin the important work of framing a constitution that addresses their needs.

……………………….
For the record: Communist Party of Nepal (Maoist), who appears to win majority in the CA, is still in USA’s list of foreign terrorist organizations

Know Your Representative: List of Elected Members of Constituent Assembly

As of late night today while vote count continues in many constituencies around the country while some will see repolling in the next few days (out of 240 constituencies). Maoists: 110 seats; NC 32; UML 27 Plus, there is also a terrorist who got elected, thanks do democracy! Continue reading

The Phenomenon Called Prachanda

The Maoist’s success has demonstrated the brilliant combination of bullet and ballot to rise to the power. Chairman Prachanda will be cited as an example of success in world communist movement. His challenge: turn the flowery promises into reality.

By Dinesh Wagle
Wagle’s Weblog [In the photo: Prachanda's dominance in party's advertisements during the campaign trail to the party itself is cemented like never before.]

In almost all campaign speeches Prachanda used to explain why he chose constituencies Rolpa-2 and Kathmandu-10 to for the CA polls. “People can interpret my candidacy from here and Rolpa-2 in their own varied ways,” Prachanda had said in a campaign rally in Kirtipur where I was present. “My candidacy has symbolic importance. We started the great People’s War from Rolpa and one of the last qualitative attacks of the War was bravely conducted here in Thankot (Police Post).” [Read here Prachanda's reasons in detail.] Continue reading

Problem With Nepali Congress

The problem with this party is there is no democracy inside the organization. Girija Prasad Koirala is the Gyanendra of the party.

By Dinesh Wagle
Wagle Street Journal [In the photo: Nepali Congress campaign advertisement]

Nepali Congress candidate Dr. Shekhar Koirala who was defeated by Madhesi Janadhikar Forum’s Bijay Kumar Gachhedhar told this to Radio Nepal after the results of Morang-7 were announced: “I don’t know about [the exact reasons for the bad showing of Nepali Congress] in other places but here votes were cast on the ethnic lines. In such case there remains no base to reform in future by the parties.”

I think Dr. Koirala is right. In the ethnicity and caste base politics, ideology loses. That signals another kind of polarization which will ultimately harm the nation. So Dr. Koirala is right. Gachhedar, though former corruption-coordinator of NC, is a Tharu and, Dr. Koirala hinted that Tharus voted for him on the ethnic line. Continue reading