Scent of success
Scent of success
ByPublished: 12:00 am Jul 04, 2006
The SPA and the Maoists are sending out some positive signals. This is despite the delay in implementing the 8-point agreement because of the murmurs of protest within the seven-party alliance, the misgivings in the Maoist camp about the SPA’s intent, as well as the stance adopted by certain foreign powers, for example, their insistence that the rebels should surrender their arms before joining an interim government. Tuesday’s three events indicate that the SPA government and the Maoists are seriously engaged in building mutual confidence and laying the ground for the constituent assembly (CA) polls. One is the wide-ranging changes the parliament made to the 1990 Constitution by annulling 53 provisions of the Constitution that conflicted with the recent declaration made by the House of Representatives; the second is the scrapping of the system of Unified Command of the army and the police that had been formed to combat the Maoists militarily; and the third is Maoist chairman’s statement directing the Maoist cadres to halt all actions of the ‘people’s courts’ in Kathmandu and other urban areas and stop collecting ‘donations’ except through the free will of the donors.
This amendment, the first since the promulgation of the 1990 Constitution, severely clips the monarchy’s wings. Accordingly, even the provision that permitted the King to read the government’s annual policy and programme in parliment has now been transferred to the Prime Minister; so have the power to announce amnesty, honours, decorations, etc. and issue ordinances been shifted to the Council of Ministers. It has totally divorced the monarchy from any role in legislative function, while the Council of Ministers now is the sole repository of all executive powers of the state. The PM will from now on be appointed by the House, and he will directly appoint his ministers. Constitutionally, this amendment has reduced the monarchy to name only, with very few constitutional functions for the King to discharge.
A question may arise whether this amendment was necessary when an interim constitution is in a preparatory stage and the Nepalis are going to the CA polls to draft a new constitution. One answer is that the political parties, learning lessons from the past, do not want to provide any time and space for possible conspiracy against democracy. Besides, the changes are aimed at removing any obstacles that may come up in the country’s march towards the CA polls. The amendment also provides some solid basis for the interim constitution to make the transition period trouble-free. These positive signs tend to prove one thing: that dialogue and reciprocation can achieve a great deal in the interests of all the stakeholders and the country as a whole. The SPA and the Maoists should continue to boost the reservoir of trust between them. And Nepal’s foreign friends will be well advised to desist from trying to impose their prescription as regards what the parties, the Maoists or the Nepali people as a whole should do to resolve their conflict and end the political crisis.