People in Far west fear situation will worsen

Western Nepal curiously observed the desperate attempts by the power centers in Kathmandu on the last day of the Constituent Assembly (CA) on Sunday.

Expectations had been high that life would return to normal across the region once the new constitution was drafted. As the day wore on in a region plagued by numerous strike, that expectation gradually gave way to despondency as the inclusive constitution appeared distant. 

People were preparing to cautiously welcome the new constitution despite indications that it would not address all the voices. But the late news about the failure to draft the constitution has worsened the situation. The strikes that started with demands of an undivided far west region a month ago still continue and the civil society leaders fear that the days ahead would be more painful. 

"It is very difficult to even imagine the eventuality of non-issuance of constitution," civil society leader in Kanchanpur Nara Bahadur Saud told Republica. "It will lead the country toward anarchy and political vacuum." 

Most of the common people can´t even imagine what will happen now. They were hoping for a midnight miracle as in the past but were disappointed with the news of failure this time. "The failure to draft a constitution may invite many accidents in the future. It may even lead to the loss of all the accomplishments attained till now," Saud added.

People had hoped to celebrate Monday´s Republic Day with vigor with the new constitution but the bad news at the end has disappointed them. "We were expecting widespread celebrations after promulgation of constitution. It has now turned into disappointment," Registrar of the Far West University Hem Raj Panta said. He advised the leaders to learn from the failure and express commitment not to repeat the mistakes again in the future. "They should now attempt to improve communal harmony that have lately been strained," he advised.

Advocate from Baitadi Rajendra Saud had hoped that at least an incomplete constitution would be framed by midnight. "The people had fed the CA members even by staying hungry themselves. But the CA members didn´t complete their duty," he stated. He opined that the credibility of leaders will take a massive hit after this failure. 

"The democracy would be weakened if the leaders lose credibility," Chief of Mountain Multiple Campus, Dadeldhura Suresh Joshi concurred. Blasting the leaders for inability to complete the constitution despite extending the two-year tenure of CA by another two years. "The economy has been hit hard by the uncertainty prevailing in the country. This new development will worsen the situation," Joshi added.


Source myrepublica

Govt releasing 232 prisoners on Republic Day

The government has decided to release 232 prisoners from various jails across the country by exempting their remaining jail term on the occasion of the Republic Day on May 28.

The Department of Prison Management has said the prisoners who have served half of the jail term in a disciplined way despite growing age would be exempted from the remaining term and let free as per the Rule No. 29 of the Prison Regulation 2020.


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Crisis deepens as CA expires(with images)

Prime Minister Baburam Bhattarai late Sunday night announced a fresh election to the Constituent Assembly for November 22 despite opposition from his coalition partners.

The ministers representing the CPN-UML, Rastriya Prajatantra Party (RPP) and other coalition partners walked out of the cabinet meeting which took the decision to call for fresh polls.

The decision has come after the CA term expired on Sunday. Prime Minister Bhattarai argued that the government was compelled to take the move. “There was no alternative [of the election] ...,” he said in a televised address to the nation, minutes before the CA term expired. 

Issuing a joint statement Nepali Congress parliamentary party leader Ram Chandra Paudel, CPN-UML Chairman Jhalanath Khanal, Madhesi People’s Rights Forum-Nepal Chairman Upendra Yadav and Rastriya Janashakti Party Co-Chairman Prakash Chandra Lohani opposed the decision.They said that they put all-out efforts to give continuity to the legislature-parliament by promulgating a constitution based on the agreements reached so far and entrusting responsibility to the transitional parliament to complete the remaining tasks. They claimed their sincere efforts went in vain due to the Maoist leaders’ reluctance.

“We tried our best to save the legislature-parliament and its achievements. But our proposals were not accepted,” the statement said. They accused the government of not listening to their concern that the fresh election can’t be announced without making some amendments to the interim constitution. The parties have accused the prime minister of trying to impose autocratic system by dissolving a most inclusively elected CA.They have demanded that the prime minister tender his resignation and pave the way for the formation of a national consensus government to save the country from a political quagmire.

Also, the UCPN (Maoist) dissident faction led by senior vice-chairman Mohan Baidya objected the government decision to go for fresh polls.
“This announcement made without the consent of other political parties and without any constitutional ground, is obviously unconstitutional,” said a statement issued by Baidya. “Therefore, we vehemently oppose it.”

Deputy Prime Minister and CPN-UML leader Ishwar Pokharel, Rastriya Prajatantra Party minister Parshuram Khapung, Minister Chandradev Joshi of CPN (Samyukta) and Kumar Belbase of CPN-ML, among others, announced their objection to the prime minister’s proposal for election.

PM Bhattari decided to opt for the new polls, after the last-minute efforts to find consensus at the CA chairman Subas Nembang’s office failed. Later, an emergency meeting of the Maoist standing committee decided to go for the fresh election. 

Though the major political parties have opposed the decision, PM Bhattarai has urged for consensus among the parties. 

“Though we failed to fulfill our duty this time, the people will be the judge. I do not want to blame anyone,” he said, adding, “We 
cannot move ahead without forging political consensus.” 

The prime minister said he continued to assume the executive powers and his government will hold the election. 

Expressing sadness over the failure to draft the new constitution, the prime minister urged the people to move ahead united.

He said the government decided to go for the fresh election because drafting a forward-looking new constitution upholding the aspirations of Dalits, Janjatis, Muslims, and oppressed society was not possible before the end of the CA term.

Meanwhile, CPN-UML and Nepali Congress (NC) leaders opposed the prime minister’s decision. UML leader and former Prime Minister Madhav Kumar Nepal said his party and the NC have objected to the prime minister’s proposal to go for fresh elections. 

Nepal said the ministers from his party walked out from the cabinet meeting as the prime minister, according to him, tabled the proposal for election all of a sudden without holding any discussion with other parties.

“The way the prime minister announced the election was completely against the constitution so we objected to this decision,” he explained. “The Maoists’ motive behind backtracking from the agreements reached with other parties is part of its strategy for capturing the state powers by force.”

Nepal also said the UCPN (Maoist) party is squarely responsible for the failure of CA and accused the Maoist leaders of never working sincerely for completing the constitution.

“They always believed in conspiracy and creating pressure on other parties instead of sincerely working for writing the constitution,” said Nepal. “At one time they [Maoists] encouraged lawmakers to launch signature campaign and then the Maoists provoked others [ethnic communities] to take to the street at such a crucial juncture.”

Also, NC General Secretary Krishna Sitaula said that the NC wouldn’t support the government decision to go for the new election. “The prime minister made the announcement as per the decision of the standing committee meeting of UCPN (Maoist) and not with the consent of other political parties,” said Sitaula.

CA chairman saddened
CA Chairman Subas Nembang expressed sadness over the failure to promulgate the new constitution from the CA. He said the CA failed to finalize the constitution despite the fact that a large part of the task of statute drafting had already been completed. 

“This is very sad that we couldn’t promulgate new constitution due to differences over only a couple of issues although we had already completed the major tasks,” said Nembang. “We did our level best to forge consensus but in vain as leaders from major parties couldn’t agree on giving continuity to the legislature parliament which was the best option available before us.”

PM addresses nation.



Lawmakers from various parties staging demonstration inside CA building premises. They are demanding that the top brass meeting be convened at the CA building, not at the prime minister´s residence in Baluwatar. (Photo: Dipesh Shrestha)



Representatives from various ethnic and marginalized groups stating sit-in in New Baneshwor near the CA building. (Photo: Dipesh Shrestha)
























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Prez Yadav expresses concern over CA dissolution in Republic day message

President Dr. Ram Baran Yadav has extended best wishes to all the Nepalis in the country and abroad on Monday on the occasion of the fifth anniversary of the adoption of the republican political system by the country.

He has also paid tributes to the known and unknown martyrs who gave up their life in course of the struggle for liberation from feudal culture and autocratic rule and for establishing the democratic republic. 

"The unexpected dissolution of the Constituent Assembly constituted after a big struggle and sacrifice is a matter of serious concern and regret for all of us," the President stated in his message, adding- our six decades old dream of making Nepal even more peaceful, graceful and prosperous through a democratic constitution framed by the representatives of the people has again remained incomplete and all have felt disheartened with the constitution not coming from the Constituent Assembly even in four years.

There is no alternative to steering the country´s politics ahead on the path of democracy by making an evaluation of the shortcomings in the past. In this context, the Interim Constitution, 2007 shall also guide us in the days ahead. I expect that our political forces and individuals would remain specially conscious in the coming days realizing the reality that the democratic achievements made from time to time in the past could not be institutionalized and consolidated, the President said.

"The country has already internalized achievements and features such as the republic, the inclusive democratic system of governance, federalism and secularism secured through the People´s Movement 2006/07 and the Interim Constitution, 2007, and no one can go back from these achievements," the Head of the State said in the message, making special plea to all the people in the country to maintain mutual brotherhood and social goodwill in society and the nation at this hour of political transition. 


source myrepublica

Experts see three possible scenarios

With a high degree of uncertainty looming after the four-party talks faltered on Saturday, experts of constitution say there are three possible scenarios.

First, the CA sees a happy ending with the parties finally settling their differences and promulgating a full constitution on Sunday. Second: they defer remaining contentions on federalism to be dealt by "transformed parliament" and promulgate the constitution with whatever is agreed upon so far. And third, the parties miss the deadline leading to dissolution of the CA and thus heading for a fresh mandate based on new political agreement.

In the first scenario, the parties somehow converge on any of the models discussed so far: from the six-state model floated by the minority members of the State Restructuring Commission to the 14-state model passed by the majority of the CA committee on state restructuring, or any new model agreed towards the end of the Day.

In the second scenario, the country gets a new constitution, with some unresolved issues, such as mapping, number and naming of federal provinces. The new statute replaces the Interim Constitution of 2007 and there remains an active "transformed parliament". The constitution, says former Bar President and Senior Advocate Bishwo Kant Mainali, must have a "special provision" inserted – in order to give the "transformed parliament" a constitutional legitimacy and authority to sort out the remaining issues of federalism. The new agreements on federalism will be institutionalised through constitutional amendments.

The special provision, however, will also have to fix the timeframe and the basis for the transformed parliament to settle the remaining differences along with fixing the process and deadline to hold the general elections. Any constitutional body, such as the proposed Central Federal Commission assigned to complete the remaining tasks, would be under the supervision and control of the transformed parliament, which will comprise the same lawmakers, says Senior Advocate Radheshyam Adhikari.  

In the third, or the worst case scenario, the parties will continue to stick to their guns and miss the May 27 deadline. In that case CA automatically dissolves but the Interim Constitution continues to govern, says Adhikari. The Article 82, however, would allow the defunct assembly to take an interim call on future course, including to go for a fresh mandate. "In this case, the positive aspect would be the country will get a new assembly with new mandate that will decide whether or not to go for ethnicity-based federalism," says Mainali.

The caretaker government will remain for sometime but based on the "doctrine of necessity," the parties will forge a new political agreement to form a government through a presidential order. Such a government could hold CA elections, argues Adhikari. Till a new CA is constituted, the statue drafting process will stop.

Differences over status of PM in case of fiasco

There are, however, differences among the experts on the status of the prime minister and the president after the CA is dissolved as in third scenario.

In an urgent call, Prime Minister Baburam Bhattarai on Saturday night consulted with some legal experts.

Advocate Raman Shrestha suggested that next way is to go for fresh CA polls as per the first of three alternatives provided by the Supreme Court directive. The second alternative suggested by SC was to go for referendum on unresolved issues of constitution.  The third option, Shrestha said, was "too vague" as it just says parties could go for any constitutionally permissible alternative.

Advocate Ramnarayan Bidari, however, told the PM that the institution of president would not exist after the CA has been dissolved but the institution of prime minister would be there. But Advocate Adhikari disagrees. "If the CA is dissolved, all the institutions formed in line with the Interim Constitution will continue to exist, though the PM would be rendered to a caretaker status," said Adhikari.

 Source ekantipur

No statute today will leave political, constitutional void

Frustrated by the top leaders´ failure to make any headway in resolving the disputes in constitution writing, Constituent Assembly (CA) Chairman Subas Nembang cautioned top leaders of major political parties that the failure to promulgate the new constitution by Sunday will leave a political as well as constitutional void.

At a meeting held at the prime minister´s office in Baluwatar, Nembang urged the leaders to forge consensus or come up with an alternative in the remaining hours so as to avoid the looming crisis. 

“Failure to promulgate the new constitution will result in a political void because the interim constitution does not envision CA´s failure to promulgate the new constitution. I alerted the leaders about the impending consequences," Nembang told Republica.

The government will be the direct victim if the CA is dissolved without promulgating the new constitution because the government will turn into a caretaker one immediately after the CA and parliament cease to exist.

As per the interim constitution, the role of CA will come to an end once it promulgates the new constitution but will continue to exist as the legislature-parliament until an elected parliament replaces it. But the legislature-parliament will not be given continuity if the CA fails to promulgate the new statute.

Similarly, the status of president will also be questioned because the he was also elected from the same parliament. On the president´s term of office, Article 36C of the interim constitution states: the president shall continue in office until the new constitution is promulgated by the CA.

Also, questions will be raised if the president exercises executive powers as the constitution clearly defines the president as the constitutional head of the state.
"I had to alert the leaders because questions will definitely be raised from various quarters on the legitimacy of the government, head of state and other institutions as well," Nembang said. 
The government and international donors have spent billions of rupees for constitution making. He said people will seek the details and clarifications.

Nembang told the leaders the new constitution would stoke dissatisfaction among various communities but that would be manageable. "But the situation without a constitution will definitely be unmanageable," he explained. He said there will be anarchy in the society because various groups have already started fortifying their camps with the intent to fish in troubled waters in case of CA´s failure.

Nembang argued that the institutions whose legitimacy would be questioned will not be able to contain confrontation between various groups.

Leaders, including UCPN (Maoist) Chairman Pushpa Kamal Dahal, responding to Nembang´s concerns said they realize the gravity of the situation. But, there was no concrete progress toward bringing the new constitution until late Saturday night.


Source myrepublica

Security forces put on high alert

 The three security agencies under the Home Ministry have been put on high alert to prevent possible violence in case Constituent Assembly (CA) is dissolved. 

One third of police in the Valley have been mobilized in the area around the CA premises in Baneshwar assessing the next 24 hours to be critical. Reserve and strike forces have also been kept on alert to assist them if required. 

Nepal Police, Armed Police Force (APF) and Central Investigation Department under the Home Ministry have been jointly mobilized with a Nepal Army representative coordinating their plans. The security agencies have received information that a few groups were prepared to protest, believing an incomplete constitution would be drafted, if it is drafted at all, while others were active to incite communal violence by capitalizing on these protests. 

A joint security command post will be formed at the Home Ministry with ministry officials, representatives of the army and all three bodies under the ministry. Similar command posts will also be in place in all the districts. Such command post in the Valley will be kept at the Metropolitan Police Commissioner´s Office in Ranipokhari, Kathmandu. The command posts including Nepal Army representatives will mobilize commanders on the field to assess the prevailing security situation. 

Separate command posts will also be in place at the Nepal Police and APF headquarters. "A matured security plan has been implemented considering analysis of all possible security challenges," Nepal Police Spokesperson DIG Binod Singh said. 

The Home Ministry has been implementing security strategy since mid-April and has been adjusting the strategy based on 15-day security analysis. Security sources said the regular weekly meeting of the central security committee held on Friday was also being held on Monday in the last couple of weeks. 

Three different plans
The security agencies have made three different plans anticipating three different eventualities on Sunday, according to security sources. Plan A includes handling the challenges that may result if the constitution is drafted. Plan B deals with the challenges that may arise immediately after dissolution of the CA and Plan C with normal situation.

The security officers do not anticipate big security threats if the constitution is drafted reasoning that a few unsatisfied groups taking to streets would not pose serious security challenges. There may be attempts to flare the situation through infiltrations in the protests but the officers do not see that as a big threat. 

They expect the most serious challenge if the constitution is not drafted. They expect that groups may try to fuel violence capitalizing on the uncertainty and political vacuum after CA dissolution. "The current ethnic division will add direct challenges if the constitution is not drafted," a DIG with Nepal Police said. 

The officers fear that there may also be confusion about official orders if dispute over the legitimacy of the existing government continued after the CA dissolution. A senior security officer claimed that they were mentally prepared on what to do if the president and prime minister emerged as parallel power centers in such a scenario. 

Nepal Army has been carrying out an advisory role in the present scenario as a coordinator. The army intelligence doesn´t expect the situation to deteriorate to the extent that requires clamping curfew or declaration of state of emergency. Their role will change in case of emergency or curfew.

Source myrepublica