April/Rhododendron Revolution: Challenges and Opportunities for Nepal

Dwarika N. Dhungel

Partial annulling of the Constitution of the Kingdom of Nepal 1990 without its amendment or its replacement through the promulgation of an Interim Government Act of Nepal 2006 by a proclamation of the restored House of Representatives (HoR) was legal or not would now be judged by the history. But the fact remains that country is now being ruled by an all powerful government on the basis of the two fundamental laws, partially dead constitution of 1990 and the recently made (May 17) proclamation of the House of Representatives (HoR). She has a monarchical republican system of government; is witnessing the open movement of CPN Maoists Janasena (People's army) with their guns and which is openly providing security to their mass rallies and their indirect participation in running the administration of the country. Furthermore, they are willingness to sit down with the government for a peace talk; and the country would have, most probably if nothing un- expected developments take place, a new constitution drafted by a constituent assembly elected by the people.

As a result of all these developments, it is very difficult to distinguish between the de-facto and de-jure rulers in the country. Both, for all practical purpose, are running the country. The only difference between the two is that the seven party alliance (SPA), that had raised the 19 days movements with the support of the CPN Maoists against the rule of the King Gyanendra is represented in the restored in the HoR and in the government headed by Prime Minister G.P. Koiarala. But the CPN Maoists are still not the part of these arrangements. But without consulting this force, the government is not in a position to manage the affairs of the state.

The country at present is in a state of transition and from all perspectives in a state of fluidity. The situation is so fluid that anything can happen and the country's situation could be much more serious in terms of the loss of lives and property than what happened in the past, if government of the seven party alliance and the CPN Maoists make a small mistake. Indeed on the basis of the behaviors within the SPA especially with specific reference to distribution of positions and with the CPN Maoists, one could say that some cracks have already cropped up in their relationships. And one could think that the political parties have not learnt from their past mistakes. But the people are also willing to give them some time and would like to see that they do not create the problem to each and other and not miss the opportunity given to them to solve the ongoing conflict and establish sustainable peace in the country. They would succeed in these endevours only when they realise that they are not going to get another opportunity.

Because of the fact that the success of 19 days April/Rhododendron and adoption of May 17 proclamation of the HoR, in the annals of the political history of the country could be considered as the culmination of the all efforts made so far to get rid of the autocratic regimes (Rana autocracy and Shah Autocracy) and the feudal structure of the country, the people of the country would not like to see that the SPA and CPN Maoists do not create the problem to each and other and not miss the opportunity given to them to solve the ongoing conflict and establish sustainable peace in the country. They would succeed in these endevours only when they realise that they are not going to get another opportunity and allow the situation of the country to move to –wards its logical conclusion.

For all practical purpose people had the difficulty to move within the district and to other districts or areas due to the existence of two regimes, one that of the Singhdurbar, whose area was limited to district headquarters and that of the CPN Maoists, mainly in the rural and far flung areas. The people were devoid of the basic services. Both these parties have realized this problem and have rightly recognized through the recently singed code of conducts that there was a need to allow the movements of the essential services, services, such foods, medicines etc. and construction materials etc. without obstructions. There is a section of the society which feels that the government and the CPN Maoists should fist of all signed the ceasefire agreement and then only signed the code of conducts. However, their willingness to have such a provision in the document is a welcome sign. What is now required is that they honor their commitments. But we will have to wait till the formation of the monitoring committee to find out whether the government has succeeded to get codes of conducts implemented and the lives of the people living in the far flung areas has become, to some extent easier as a result of the flow of goods of essential nature. With regard to the formation of the monitoring committee, it is interesting, as reported in the Kathmandu Post news daily (May 30, 2006) that the government is willing to request the UN for this job. But as reported in the newspaper, before it could do so, the government had to have the green signal of the government of India along with the approval of the CPN Maoists.

It may be recalled that the constitution of Nepal 1990 that is based upon the principles of the multiparty parliamentary system of government with a constitutional monarch, when promulgated, was considered to be one of the world’s best democratic constitution. But over the time, it became clear that it neither failed to reflect the socio-cultural mosaic of neither the country nor its geographical terrain nor ultimately satisfied its own propounders. Therefore, it is now almost a dead document and the affairs of the country, is partly managed by some of its provisions. The country is going to get a new constitution. But unlike in the past and as already indicated above if nothing unexpected developments take place, the constitution would be prepared by the constituent assembly elected by the representatives of the sovereign people of Nepal. The million dollar question that is yet to be answered with regard to this body is that how it could be made inclusive in terms of its composition – a composition that has to be inclusive in terms of the representation of the different sections of the society and regions. In addition, there was a need to start thinking and working on its working procedure and the adoption process of the new constitution. These should have been the subjects of national dialogue along with the attention of the government to start a serious dialogue with CPN Maoists instead of diverting its attention to other matters that should be left to the constituent assembly to decide. Professionals have already started thinking about these things in their individual capacity or as a member of a professional group. But the government, from all the information neither received, has nether started the homework nor has started discussing with the professional groups and knowledgeable persons. Likewise, the SPA, while launching the movement against the direct rule of the King should have assigned a group of professional or requested research institutions to prepare a paper on these matters, is yet to come up with a position paper, which they should already have for discussions with the CPN Maoists and civil societies and neither other stakeholders without whose consent and concurrence neither the CPN Maoists nor the government would be able to manage the election to the constituent assembly effectively.

Citizenship remains a major thorny issue in the country especially people living in the Taria area. There is a strong feeling among those who represent the interest of this area that there are millions of people living in this area for ages do not have citizenship certificate. As a consequence they are devoid of many benefits due to the citizens of a country including the exercise of political rights. This issue has been raised times and again, with no results so far. Therefore, this would once again, emerge as one of the issues in relation to the representation of the Tarai population in the proposed constituent assembly. The government has to solve this problem before the election to the constituent assembly. How it would be solved will have implications in the national politics.

The CPN Maoists have a clear agenda with regard to the future political structure of the country. They stand for the People's Republic but for the time being; have agreed for the Democratic Republic. For all practical purpose the institution of Monarchy is now dead after the creation of the Monarchial Republican system through the HoR proclamations. Nevertheless, the future of the present monarchial republican system has to be decided by the people during the election for the constituent assembly.

In addition, each of the stakeholders will have to have a free and fair atmosphere in which they could seek the voters support to their agenda. This pre-supposes the management of guns of the warring factions. In this regard, as reported in the news, which has already been referred above, that the government, the CPN Maoists and India have given their nods to seek the support of the UN. We will have to wait and see how far and in what manner the UN blue helmets would be able to manage the guns of the warring factions and provide sense fearlessness during the whole election process to the constituent assembly.

It may be recalled that the geographical regions, such as the Karnali regions in the mid-western hills, the far western development regions and the members of the indigenous groups, women and other disadvantaged sections of the society are yet to feel as a part of the Nepalese nationhood. It is one of the issues raised by the leaders of the recent movement and CPN Maoists. Similarly, the dalis or untouchables, the ethnic groups and women are still in a state of marginalization and their participation in the constitution making can't be overlooked.

To conclude, Nepal ever since the beginning of its modern history in the mid-18th century, has never stood at such a cross road as she is standing now. Whether she would be able to move to a right direction and ensure it as a safe place for the present and future generation of the different sections of the society and regions, would depend upon how the major actors, especially the SPA the CPN Maoists would behave in the national political scene in the days to come. And if they fail this time they would be neither pardoned nor have another chance. Above all the country would enter into such a deeper crisis situation, to which she has never been.
The end

Kathmandu
May 31, 2006

PS: This article has been send to Nepal Monitor. com for possible publication