Dons of Nepalese “democracy”
Media Communications Center
January 18, 2007
Dons of Nepalese “Democracy”
It was highly objectionable that the House was denied the opportunity to discuss the contents of the draft statute and to suggest improvements.
BY SHASHI P.B.B. MALLA
We are now experiencing the beginning of the end, not only of democracy as such, but also of orderly government. The political parties have nominated “law makers” to the so-called “Interim Parliament” and the ostensible “Interim Constitution” has now come into force. All this without a mandate from the people! This is Nepalese democracy or Loktantra in action.
Although it has taken considerable time to finalize, it still seems that its coming into force is hurried along. When (or maybe if!) this constitution is replaced with a permanent one, this ‘proper’ constitution — be it truly democratic or not — will be discredited from the start as the way it was incepted was so utterly flawed. In this context the reader may kindly recall the fate of the German ‘ Weimar Republic’ which was doomed in the moment it could only secure its existence with the help of right-winged militias. And in Nepal, a true constitution based on the mandate of the people that gives the state the means to defend itself and enforce its laws is still far away.
Whether the course of action taken by the powers that be (the ambiguous term chosen here is intentional) — as will be demonstrated further, the entities through which governance (and of course the supervision of the government!) is usually conducted appear to be sidelined -- will be conducive in developing such a stable ‘permanent’ constitution is of course another matter.
Hence, very correctly, parliamentarians of the then still functioning House of Representatives had demanded a comprehensive debate on the “interim statute” before it was promulgated. It has merely been formulated by non-experts on constitutional law under heavy pressure from Indian “advisers” and hastily signed by the leaders of the 7-party alliance and the Maoists — SPA plus M. This does not make it ‘legal’ in any sense of the term. Given that these were the only remaining representatives of the people whose authority (or what was left of it) was given to them by an election, it is regrettable that their views carried so little weight.
What a huge joke the whole rigmarole is, shows that it was not even discussed thoroughly within the SPA. As is natural in a terrorist organization which has only lately joined mainstream politics in the eyes of their SPA-allies (but not in the overwhelming majority of the people), the Maoists only discussed it in their top leadership.
These MPs very aptly hit the nail on the head by arguing that the supreme law of the land required adequate parliamentary deliberation before being promulgated. It was highly objectionable that the House was denied the opportunity to discuss the contents of the draft statute and to suggest improvements. Thus the very House which was restored because of the “mass” and “democratic” People’s Movement (Jan Andolan II) of April 2006, and as the embodiment of the people’s sovereignty was completely undermined! It has become quite clear that the present batch of leaders does not follow democratic practices, nor did they consider the House “supreme” in any way. The restoration of the House was only the means to the end of establishing autocratic power without any hindrances. Stripping the King of his non-existing “absolute” powers (under the Constitution of the Kingdom of Nepal, 1990) was also only the first step in their foul designs. It can only be reiterated that — if the Nepalese monarchy was considered to be incompatible with a democracy in Nepal — then its abolition should have been decided by the people.
The ways and means how the “interim parliament” (whether or not it will be “interim” remains to be seen, whereas by the nature of its inception it is clearly not a “parliament” in the proper sense of the word) has come about, and the completely secretive and dictatorial manner of its composition stinks to high heaven. “Loktantra” (total democracy) can now be fully equated with imperious methods. People have been nominated through horse-trading and there was no transparency at all. The Maoists have made a catch through the selection of Maj. Gen. (retd.) Kumar Phodung, a highly controversial figure in his time, and now a disgrace to his uniform and the fine traditions of the army. He has allowed himself to be bought for a few pieces of silver, and has conveniently forgotten the countless deaths of soldiers at the hands of the terrorists and the heinous murder of fellow officers. Now serious questions are being asked whether this high-ranking officer’s involvement with the Maoists does not, in fact, go back much further.
However, in defence of the international community it needs to be stated that after the various number of overlapping and superseding agreements each of which comprised a variable number of varying points each, as well as the volatility in the statements of the main figures in this current political process has made the situation so complex that it is no longer truly understood outside Nepal.
Sadly, in April 2006 and before, many countries that have now fallen silent, had vociferously supported the SPA – and by implication the Maoists, and promoted regime change calling for democratic reforms. These are now merely mute spectators in a third grade drama of ‘unfolding democracy’, which is in fact a slide towards authoritarian rule, or even worse. PM Koirala swayed to and fro in the winds of change without being able to take a decisive stand in the long-term interests of the nation. Unfortunately, it seems that the international community will only make itself heard until the political situation has destabilized beyond recovery.
PM Koirala is now a broken reed and a prey to his inner circle which has acted and is still doing so in anything but the national interests. Unfortunately, his track record is nothing to write home about. As our very perceptive countrymen in America writing directly to Koirala wisely stated: “Sadly, it is abundantly clear that the Nepalese people cannot recall your previous administration with pride nor look towards the future with hope. It will be only more of the same from you. As long as you are in power, you will cause a grievous and irreparable harm to our country. We simply cannot afford your leadership anymore.”
Last week’s decision to withdraw Nepal’s military attaches from Pakistan and Bangladesh is a case in point. The PM (and Defence Minister) had no part in the decision-making process, nor did Army HQ! The Ministry of Foreign Affairs, which itself has already been emasculated, merely announced the fact with no explanations given. Such a crude method is not conducive to the conduct of a proper and friendly foreign policy and may also be taken as proof for the assertion made above that political decisions or administrative actions are no longer decided by the government institutions. It must also have been highly insulting to the countries concerned, since in diplomatic practice the appointment of military attaches (like those of ambassadors, but not other ranks) have to be previously approved by the head of state of the host country. Are the “powers that be” in Nepal really capable to represent the Nepalese and the Nepalese state within and outside the country?
Unlike our ostrich-like intellectuals and the untrustworthy pundits of human and civic rights here, who have been bought and compromised utterly, at least the Nepalese diaspora in the United States has risen to the occasion and taken an unmistakable stand. The ‘Coalition for National Unity and Reconciliation in Nepal’ (New York) in a petition to the new Secretary-General of the United Nations, Ban Ki Moon clearly stated that the Nepalese people are most concerned that “their nation is coming under various internal and external threats being carried out by foreign governments, as well as their own misguided, corrupt political parties…. The Maoists cannot be trusted, as their past record has proven them to be unreliable partners, always carrying out their hidden agendas, or carrying out the interests of foreign masters and governments.” This says it all!
We are now experiencing a break-down of the separation of powers, which is essential in a functioning democracy. The line delineating the powers and functions of the head of state and the head of government has become blurred. The “interim statute” gives the PM unlimited powers. Thus, the so-called legislature will not be able to control the executive, and in fact will be reduced to approving automatically government decisions without proper consideration — which had already been the practice since the restoration of the “supreme” parliament. And then the judiciary has been reduced to a silent observer, since its rulings and verdicts are totally ignored. The rule of law has been banned, and one cannot hope for justice in the courts.
Our brothers and sisters in America have become totally disillusioned with the course of events here. In a candid protest against Koirala and SPAM in New York, our compatriots minced no words: “…the gravest harm (is) being done to our beloved country, Nepal, by you and your communist and terrorist allies. As long as you remain in power mismanaging our country and placating the Maoist criminal gang, as long as the country continues to move in the current path of disorder, violence and chaos, not only peace and democracy will never return, we will lose our country.”
From Frankfurt/Main and Kathmandu
It was highly objectionable that the House was denied the opportunity to discuss the contents of the draft statute and to suggest improvements.
BY SHASHI P.B.B. MALLA
We are now experiencing the beginning of the end, not only of democracy as such, but also of orderly government. The political parties have nominated “law makers” to the so-called “Interim Parliament” and the ostensible “Interim Constitution” has now come into force. All this without a mandate from the people! This is Nepalese democracy or Loktantra in action.
Although it has taken considerable time to finalize, it still seems that its coming into force is hurried along. When (or maybe if!) this constitution is replaced with a permanent one, this ‘proper’ constitution — be it truly democratic or not — will be discredited from the start as the way it was incepted was so utterly flawed. In this context the reader may kindly recall the fate of the German ‘ Weimar Republic’ which was doomed in the moment it could only secure its existence with the help of right-winged militias. And in Nepal, a true constitution based on the mandate of the people that gives the state the means to defend itself and enforce its laws is still far away.
Whether the course of action taken by the powers that be (the ambiguous term chosen here is intentional) — as will be demonstrated further, the entities through which governance (and of course the supervision of the government!) is usually conducted appear to be sidelined -- will be conducive in developing such a stable ‘permanent’ constitution is of course another matter.
Hence, very correctly, parliamentarians of the then still functioning House of Representatives had demanded a comprehensive debate on the “interim statute” before it was promulgated. It has merely been formulated by non-experts on constitutional law under heavy pressure from Indian “advisers” and hastily signed by the leaders of the 7-party alliance and the Maoists — SPA plus M. This does not make it ‘legal’ in any sense of the term. Given that these were the only remaining representatives of the people whose authority (or what was left of it) was given to them by an election, it is regrettable that their views carried so little weight.
What a huge joke the whole rigmarole is, shows that it was not even discussed thoroughly within the SPA. As is natural in a terrorist organization which has only lately joined mainstream politics in the eyes of their SPA-allies (but not in the overwhelming majority of the people), the Maoists only discussed it in their top leadership.
These MPs very aptly hit the nail on the head by arguing that the supreme law of the land required adequate parliamentary deliberation before being promulgated. It was highly objectionable that the House was denied the opportunity to discuss the contents of the draft statute and to suggest improvements. Thus the very House which was restored because of the “mass” and “democratic” People’s Movement (Jan Andolan II) of April 2006, and as the embodiment of the people’s sovereignty was completely undermined! It has become quite clear that the present batch of leaders does not follow democratic practices, nor did they consider the House “supreme” in any way. The restoration of the House was only the means to the end of establishing autocratic power without any hindrances. Stripping the King of his non-existing “absolute” powers (under the Constitution of the Kingdom of Nepal, 1990) was also only the first step in their foul designs. It can only be reiterated that — if the Nepalese monarchy was considered to be incompatible with a democracy in Nepal — then its abolition should have been decided by the people.
The ways and means how the “interim parliament” (whether or not it will be “interim” remains to be seen, whereas by the nature of its inception it is clearly not a “parliament” in the proper sense of the word) has come about, and the completely secretive and dictatorial manner of its composition stinks to high heaven. “Loktantra” (total democracy) can now be fully equated with imperious methods. People have been nominated through horse-trading and there was no transparency at all. The Maoists have made a catch through the selection of Maj. Gen. (retd.) Kumar Phodung, a highly controversial figure in his time, and now a disgrace to his uniform and the fine traditions of the army. He has allowed himself to be bought for a few pieces of silver, and has conveniently forgotten the countless deaths of soldiers at the hands of the terrorists and the heinous murder of fellow officers. Now serious questions are being asked whether this high-ranking officer’s involvement with the Maoists does not, in fact, go back much further.
However, in defence of the international community it needs to be stated that after the various number of overlapping and superseding agreements each of which comprised a variable number of varying points each, as well as the volatility in the statements of the main figures in this current political process has made the situation so complex that it is no longer truly understood outside Nepal.
Sadly, in April 2006 and before, many countries that have now fallen silent, had vociferously supported the SPA – and by implication the Maoists, and promoted regime change calling for democratic reforms. These are now merely mute spectators in a third grade drama of ‘unfolding democracy’, which is in fact a slide towards authoritarian rule, or even worse. PM Koirala swayed to and fro in the winds of change without being able to take a decisive stand in the long-term interests of the nation. Unfortunately, it seems that the international community will only make itself heard until the political situation has destabilized beyond recovery.
PM Koirala is now a broken reed and a prey to his inner circle which has acted and is still doing so in anything but the national interests. Unfortunately, his track record is nothing to write home about. As our very perceptive countrymen in America writing directly to Koirala wisely stated: “Sadly, it is abundantly clear that the Nepalese people cannot recall your previous administration with pride nor look towards the future with hope. It will be only more of the same from you. As long as you are in power, you will cause a grievous and irreparable harm to our country. We simply cannot afford your leadership anymore.”
Last week’s decision to withdraw Nepal’s military attaches from Pakistan and Bangladesh is a case in point. The PM (and Defence Minister) had no part in the decision-making process, nor did Army HQ! The Ministry of Foreign Affairs, which itself has already been emasculated, merely announced the fact with no explanations given. Such a crude method is not conducive to the conduct of a proper and friendly foreign policy and may also be taken as proof for the assertion made above that political decisions or administrative actions are no longer decided by the government institutions. It must also have been highly insulting to the countries concerned, since in diplomatic practice the appointment of military attaches (like those of ambassadors, but not other ranks) have to be previously approved by the head of state of the host country. Are the “powers that be” in Nepal really capable to represent the Nepalese and the Nepalese state within and outside the country?
Unlike our ostrich-like intellectuals and the untrustworthy pundits of human and civic rights here, who have been bought and compromised utterly, at least the Nepalese diaspora in the United States has risen to the occasion and taken an unmistakable stand. The ‘Coalition for National Unity and Reconciliation in Nepal’ (New York) in a petition to the new Secretary-General of the United Nations, Ban Ki Moon clearly stated that the Nepalese people are most concerned that “their nation is coming under various internal and external threats being carried out by foreign governments, as well as their own misguided, corrupt political parties…. The Maoists cannot be trusted, as their past record has proven them to be unreliable partners, always carrying out their hidden agendas, or carrying out the interests of foreign masters and governments.” This says it all!
We are now experiencing a break-down of the separation of powers, which is essential in a functioning democracy. The line delineating the powers and functions of the head of state and the head of government has become blurred. The “interim statute” gives the PM unlimited powers. Thus, the so-called legislature will not be able to control the executive, and in fact will be reduced to approving automatically government decisions without proper consideration — which had already been the practice since the restoration of the “supreme” parliament. And then the judiciary has been reduced to a silent observer, since its rulings and verdicts are totally ignored. The rule of law has been banned, and one cannot hope for justice in the courts.
Our brothers and sisters in America have become totally disillusioned with the course of events here. In a candid protest against Koirala and SPAM in New York, our compatriots minced no words: “…the gravest harm (is) being done to our beloved country, Nepal, by you and your communist and terrorist allies. As long as you remain in power mismanaging our country and placating the Maoist criminal gang, as long as the country continues to move in the current path of disorder, violence and chaos, not only peace and democracy will never return, we will lose our country.”
From Frankfurt/Main and Kathmandu
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