Democratic gains : Ensuring credible CA polls

In principle, the May 18 historic declaration of the House of Representatives (HoR) has confirmed the supremacy of the people. It has outlined the future direction of the country and laid the groundwork for the solution of conflict. It has also established the people’s mandate. Now the government holds the responsibility of ensuring a new democratic atmosphere and protecting the achievements of the people’s movement. For this, it has initiated peace talks with the Maoists, the first round of which has already taken place, and a 25-point code of conduct has been signed. The talks will pave the way for holding constituent assembly (CA) polls and establishing a lasting peace.

However, the delay in cabinet expansion had caused complications making it difficult to implement the people’s mandate and the promises of seven-party alliance (SPA). Due to this, members of ruling parties in HoR criticised the violation of the historic proclamation while appointing new ministers through the palace recently. If the regulations had been changed in time, the government would not have had to break its own commitment while expanding the council of ministers.

Following the expansion, the SPA held a series of meetings to expedite upcoming talks. The talks Support and Suggestions Committee that represents SPA along with RPP and RJP has been constituted. The Maoists have already committed to multiparty politics, rule of law, human rights, press freedom and a self-reliant economy.

Both the HoR and government have taken a number of important decisions to support the motion unanimously adopted by the HoR for the election of CA. To facilitate the talks, the government has started freeing the rebels, removed the terrorist tag and revoked red corner notices against rebel leaders. Six regressive ordinances were also revoked. The government has also suspended nine senior police officers, including the three security chiefs involved in suppressing the mass movement. However, there are some tasks yet to be sorted out.

The United Nations’ involvement in post-conflict management in Nepal seems imminent. Obviously, it could play an important role in managing the arms of both the Nepal Army and the Maoist militia before holding CA elections. Deputy PM KP Oli has signalled that the government was ready to enter into an agreement with the Maoists to develop a mechanism to ensure strict adherence to the code of conduct and is willing to work with the UN and its agencies for the purpose. Maoist leader Janardan Sharma (Prabhakar) in a recent response has assured that his party was ready to put its arms and ammunitions under the supervision of a credible international organisation during the period of CA elections.

Although no timetable has been officially announced, Oli has said, a CA can be expected within a year, and within 18 months a constitution will be formulated. Meanwhile, the Maoists have announced a 10-point road map for peace and said that its leader Prachanda would lead the high-level dialogue team in finalising the agreement. The roadmap includes the dissolution of the parliament, scrapping of the present constitution and government followed by the formation of an interim constitution and interim government by holding a political conference with the participation of the parties, civil society and intellectuals.

However, the SPA argues the immediate dissolution of the existing parliament would create a political vacuum, making it easy for anti-people forces to hatch conspiracies. Indeed, it would not be wise to dissolve the parliament until a reliable alternative comes up. Even the government might become autocratic if the House was dissolved without any alternative. However, it does not mean that the reinstated HoR should work indefinitely. The SPA should set a timeframe regarding interim constitution; interim government; talks with the Maoists, and holding a political conference to finalise the modality of CA.

Neither the government nor the Maoists should go against the spirit of the 12-point understanding and the Jana Andolan’s mandate. All the issues should be settled in a peaceful manner and all the stakeholders must accept the people’s verdict. All should resist from dictating terms for talks. The representation of all sections of society in the CA to formulate an inclusive constitution has to be ensured, as the old election system should be changed while going for CA polls to ensure their sense of ownership in the constitution. The parties, experts and civil society should now set the process of forming the CA by agreeing on constituencies on a scientific basis and as per the social, economic and cultural reality of certain geographical and ethnic areas.

There should be no room for subverting the democratic process to pursue personal ends or political agenda of individuals or any group. Hopefully, the formation of modalities for CA polls would be taken up in the second round of talks.

Chalise is a career journalist