Unresolved issues : Political decision need of the hour
After Maoist leader Dr Baburam Bhattarai’s recent threat to break peace talks, the government and the Maoists finally reached a historic five-point agreement on the UN’s role in the management of arms and the armies. The understanding seeks UN assistance in monitoring and managing the arms of both sides, monitoring the ceasefire code of conduct and human rights situation, as well as observing and monitoring the constituent assembly (CA) elections.
The two sides have agreed that Maoist combatants and their weapons will be confined within designated cantonment areas while the Nepal Army will remain in barracks and its weapons are not used for or against any side. However, the two sides have still not reached an agreement on the modalities of arms verification and monitoring. The two sides have left these issues to be decided after holding discussions with the concerned parties, including the UN. The pact has taken the peace process into a crucial phase.
Prior to the agreement, there was uncertainty over the peace process. Even PM Koirala’s controversial statement seeking political space for the king triggered a strong political debate. Had such a statement come from any party or party president alone, it would not have created so much controversy. But the statement was from the person who led the Jana Andolan II and was positioned to lead the government in consensus with the seven party alliance (SPA). The movement had given its clear mandate that the people should decide issues of national importance. No one should deviate from that mandate. We must remember that almost all the parties, including the Nepali Congress, have unanimously suggested to the Interim Constitution Drafting Committee that the space for the monarchy would be decided by the constituent assembly or referendum. Such a statement from a responsible person could have proved a diplomatic disaster derailing the peace process. But the PM’s direction to secretaries to concentrate on the holding of CA polls as early as possible proves that his intent is not wrong.
The people were disappointed by this controversy as well as by the differing views of the SPA and the Maoists on certain issues, including arms management. Their worry was obvious as there were elements trying to take advantage of the uncertainty. Fortunately, the understanding was reached after the second round of talks between the PM and Maoists’ chairman Prachanda, intensive efforts of the talks teams, dialogue between CPN-UML leader Madhav Kumar Nepal and Prachanda, as well as the pressure generated by the civil society, parties and the public. Thus, the government and the Maoists have once again demonstrated their determination to make the peace process successful.
However cautiously, political parties outside the SPA have also welcomed the arms management accord. Staffan de Mistura, leader of the UN mission to assess the possibility of a UN role in the peace process, expressed optimism over the common understanding seeking UN help. Indian foreign secretary Shyam Saran has hailed the arms management pact. A day after India welcomed the decision to invite the UN, the European Union too hailed it saying this proves the parties’ willingness to engage in concrete action for sustainable peace. Both sides are committed to implementing the accord by correcting their mistakes.
Now the contentious issue of the reinstated House’s replacement may be solved through an appropriate legislative structure. The Maoists’ demand of replacing the present Parliament by a mechanism in which they could also be included is obvious. They want a new structure with the involvement of the SPA, themselves and the civil society to create an interim government and a constitution to hold free and fair CA polls. Since there is no possibility of constituting any such institution at present, a political decision to replace the reinstated House with an interim one is the need of the hour. An appropriate body should be constituted to endorse interim constitution before going to the CA polls. The Maoists should be given enough space to participate in the political process as they have been an important force in dismissing the autocratic regime. Keeping them away from the political and governing process would not be reasonable.
Similarly, the state structure is yet to be defined and the parties and the Maoists should forge an understanding on a clear CA process and modality. Whether Nepal adopts a ceremonial monarchy, presidential, parliamentary or prime ministerial system should also be decided then. Differences over the monarchy, interim parliament, citizenship, judiciary, army, electoral process and state restructuring should be resolved before promulgating the interim constitution, which will pave the way for the people’s final verdict through the CA polls. The foremost priority is peace and the people are very hopeful that the SPA and the Maoists will sort out all the differences.
Chalise is a career journalist