Ordinances of Maoist-led Gov a Status Quo Ante Bellum
Prakash Bom
February 05, 2009
Despite Nepal Maoists´ repeated rhetoric against "status quo", unless for both soft and hardliner Maoists the norms and principle of democracy are roadblocks, the attempt of Maoist-let government to issue ordinances during Parliament recess without the political consensus of people´s elected Constituent Assembly to statute law is the example of ´Status Quo Ante Bellum´ that reigned in two hundred fifty years feudal governments´ arbitrary government practice prior to Maoist insurgency and historic People´s April Uprising. The attempt contradicts Maoists´ call for the statute of new constitution to establish "People Oriented Democracy."
No matters how helpful are these ordinances for Maoist-let government on forming special economic zone, investment board, and disappearance commission by the cabinet without the consensus of people´s representatives in democracy is nothing but the motion of arbitrary rule of law. All ordinances of government must be scrutinized by the people´s elected representatives in the Assembly in order to statute people oriented legislation to establish "People Oriented Democracy" if Maoists dream to govern Nepal and Nepali people progressively.
How can Democracy be improved without the consensus votes of the people´s elected representatives? Maoists demand for the improvements of Parliamentary system means nothing other than the intention to force arbitrary rule of law in the name of ´People Oriented Democracy´ to address socio-political and economic issues of the nation in a totalitarian communist way. But the Democracy can only be rendered to people with the votes of majority of people´s elected representatives, if the unanimous consensus could not be established for the sake of people and the nation under the "People Oriented Democracy."
As long as the government seeks consensus of people´s elected representatives to statute law Democracy has nothing to do with the Parliamentary or Presidential system. A nation can succeed to practice Democracy in its own unique ways as long as its government´s action, particularly issue of ordinances and political appointments, is scrutinized and approved with the consensus of at least the majority vote of people´s elected representatives. If not Nepal must object Maoists proposal to improve Parliamentary System that give power to the government to implement arbitrary rule of law in stead of establishing the culture of "People Oriented Democracy" that will set guideline to Constituent Assembly to statute people oriented constitution.
As main opposition party NC has demanded Maoist-led government not to introduce further ordinances immediately without the consensus vote of the Parliament, Maoist-led government should have waited for the Parliamentary session to promulgate further ordinances. But Maoists have failed again to take the chance for setting up an example of Maoists´ pledge for "People Oriented Democracy" by promulgating ordinances with the scrutiny of the Parliament.
The ordinance that has no input of people´s elected representatives of Parliament and it is vested with certain parties´ political interest, for example the ordinance for voters´ list, may not render legislative effectiveness and will prone to chance when other political party such as NC comes in power. Therefore, for ordinance to have long-lasting effectiveness as a peace of legislature it must have majority consensus vote at least if it cannot secure unanimous votes of the legislative body.
Similarly, can the involuntary disappearances ordinance end the tradition of impunity effectively? This means there will be justice on all side and neither Maoist will protect its individual cadre nor RNA protects its individual solder nor police headquarter favors its corrupt individual officer who has committed such crimes during Maoist insurgency.
How effective will be the ordinance of social inclusiveness in entire government, army, and public places such as schools, temples and so on will all depend on how Maoist-led government renders socio-political and economic changes with drastic progress particularly in economic lives of people. If not majors of such ordinance will inevitably be the need for change to government of other political party. Therefore, for its effectiveness such legislature must be scrutinized by the people´s elected representatives of the legislative body.
Nonetheless, Nepal has yet to witness how much such ordinances promulgated by Maoist-led cabinet during Parliament recess without the prior consultations of major coalition partners and main opposition party can be effective in the workings of the government. If they don´t but give more power to Maoist-led government to fulfill their underlying dream for communist style of government, then Nepal will inevitably be in conflict to process norms and principle of multiparty Democracy to fight back the same old political behaviors driven by the notion of status quo ante bellum.
It is a time for people´s elected representatives of Constituent Assembly to speed up with the statute of new constitution for the government cabinet to depend on fully in compliance with limited ordinance to render effective governance. Constituent Assembly must mandate all future ordinances of governments (center, state and local) under Federal Democratic Republic system for Parliamentary hearing prior to promulgation.
Otherwise, the attempt of Maoist-led government cabinet´s will perpetuate the tradition of status quo ante bellum of former governments of Nepal for all upcoming governments to follow the footsteps against the norms and principle of multiparty Democracy. Eventually, the tradition of ordinance without the consensus vote of the Parliament will undermine the responsibility and rights of the people´s elected representatives by turning legislative body of the government in limbo.
No matters how helpful are these ordinances for Maoist-let government on forming special economic zone, investment board, and disappearance commission by the cabinet without the consensus of people´s representatives in democracy is nothing but the motion of arbitrary rule of law. All ordinances of government must be scrutinized by the people´s elected representatives in the Assembly in order to statute people oriented legislation to establish "People Oriented Democracy" if Maoists dream to govern Nepal and Nepali people progressively.
How can Democracy be improved without the consensus votes of the people´s elected representatives? Maoists demand for the improvements of Parliamentary system means nothing other than the intention to force arbitrary rule of law in the name of ´People Oriented Democracy´ to address socio-political and economic issues of the nation in a totalitarian communist way. But the Democracy can only be rendered to people with the votes of majority of people´s elected representatives, if the unanimous consensus could not be established for the sake of people and the nation under the "People Oriented Democracy."
As long as the government seeks consensus of people´s elected representatives to statute law Democracy has nothing to do with the Parliamentary or Presidential system. A nation can succeed to practice Democracy in its own unique ways as long as its government´s action, particularly issue of ordinances and political appointments, is scrutinized and approved with the consensus of at least the majority vote of people´s elected representatives. If not Nepal must object Maoists proposal to improve Parliamentary System that give power to the government to implement arbitrary rule of law in stead of establishing the culture of "People Oriented Democracy" that will set guideline to Constituent Assembly to statute people oriented constitution.
As main opposition party NC has demanded Maoist-led government not to introduce further ordinances immediately without the consensus vote of the Parliament, Maoist-led government should have waited for the Parliamentary session to promulgate further ordinances. But Maoists have failed again to take the chance for setting up an example of Maoists´ pledge for "People Oriented Democracy" by promulgating ordinances with the scrutiny of the Parliament.
The ordinance that has no input of people´s elected representatives of Parliament and it is vested with certain parties´ political interest, for example the ordinance for voters´ list, may not render legislative effectiveness and will prone to chance when other political party such as NC comes in power. Therefore, for ordinance to have long-lasting effectiveness as a peace of legislature it must have majority consensus vote at least if it cannot secure unanimous votes of the legislative body.
Similarly, can the involuntary disappearances ordinance end the tradition of impunity effectively? This means there will be justice on all side and neither Maoist will protect its individual cadre nor RNA protects its individual solder nor police headquarter favors its corrupt individual officer who has committed such crimes during Maoist insurgency.
How effective will be the ordinance of social inclusiveness in entire government, army, and public places such as schools, temples and so on will all depend on how Maoist-led government renders socio-political and economic changes with drastic progress particularly in economic lives of people. If not majors of such ordinance will inevitably be the need for change to government of other political party. Therefore, for its effectiveness such legislature must be scrutinized by the people´s elected representatives of the legislative body.
Nonetheless, Nepal has yet to witness how much such ordinances promulgated by Maoist-led cabinet during Parliament recess without the prior consultations of major coalition partners and main opposition party can be effective in the workings of the government. If they don´t but give more power to Maoist-led government to fulfill their underlying dream for communist style of government, then Nepal will inevitably be in conflict to process norms and principle of multiparty Democracy to fight back the same old political behaviors driven by the notion of status quo ante bellum.
It is a time for people´s elected representatives of Constituent Assembly to speed up with the statute of new constitution for the government cabinet to depend on fully in compliance with limited ordinance to render effective governance. Constituent Assembly must mandate all future ordinances of governments (center, state and local) under Federal Democratic Republic system for Parliamentary hearing prior to promulgation.
Otherwise, the attempt of Maoist-led government cabinet´s will perpetuate the tradition of status quo ante bellum of former governments of Nepal for all upcoming governments to follow the footsteps against the norms and principle of multiparty Democracy. Eventually, the tradition of ordinance without the consensus vote of the Parliament will undermine the responsibility and rights of the people´s elected representatives by turning legislative body of the government in limbo.