Monday, May 29, 2006

Who Will Hold The Constituent Assembly Elections


The question is not if an interim government is to be formed, but when. It is that interim government that will hold elections to a constituent assembly. And the idea of an interim constitution is not that bad either. The country will have an interim constitution while the constituent assembly might work on the next constitution.

Maoists reiterate demand for interim govt, dissolution of parliament NepalNews

But just like the Maoists will not part with their soldiers, the seven parties will not part with their parliament. The seven party alliance needs the safety of the House. What that means is trust building measures have to taken.

One is for the parliament to firmly command the army. The proclamation that was passed to the effect has now to be implemented. The parliament should be able to declare war on the Maoists if need be using the renamed Nepal Army. On the other hand, the parliament should be able to punish any acts of disobeyance of the ceasefire, if there might be any down the line. The parliament should also be able to fire a few generals. And there is no way Katwal should be allowed to succeed Pyar Jung. That just is not happening.

I guess there still is this fear that the Maoists might try to pull a stunt. I don't subscribe to it myself, but I do sense the fear among the democrats.

Audio: Prachanda

Prachanda has said his party's stride towards socialism will still continue, but it will not be through arms. In the 21st century, power flows through the ballot box. So Prachanda's talk of a "transitional republic" is not as alarming as it sounds.

Prachanda's Transitional Republic

I think we should introduce a one person, one vote democracy, the first of its kind, and if Prachanda can then win elections and come up with great health, education, micro credit, and poverty alleviation programs, then all the glory to him.

But we also have to understand, the Maoist leaders continue to face physical threats. That is one big reason why they can not disarm. I am for providing the top Maoist leaders with bodyguards for a few years even after the two armies have been integrated. (Dismantle The Two Armies)

Local Maoist leader killed in Bardiya NepalNews

And the big reason the Maoists want an interim government is because they rightly think they should be sharing power right now. They have been one of the eight parties responsible for the success of the April Revolution. I do give them credit.

I guess Girija has offered to bring in the Maoists into the current government. That is not such a bad plan. As in, the Maoists keep their army, the seven parties keep their parliament, and together they form a government. I don't know what shape the interim government will take, but it is important for both sides to get into each other's shoes, to try and see each other's compulsions, and to not let a few untoward incidents get in the way of the ceasefire. Look at the big picture. The constituent assembly is that big picture.

Members of dissolved Raj Parishad to move SC NepalNews

And if this might gain any momentum, we might as well slap the royalists with an interim constitution right away. And that interim constitution might as well be a republican constitution. It is still possible that the country might end up a republic before it goes for the constituent assembly elections.

Prachanda, Just Another Pahadi

Audio: Prachanda

Prachanda talks about the Dalit, the Janajati, the women and the poor. But I don't think I have ever heard him utter the word Madhesi. I guess the guy is just another Pahadi Bahun. I do think poverty is the primary political issue, but the Madhesi issue is also acute. It is the number one social issue in Nepal because even the Pahadi Dalits are prejudiced against the Madhesi Dalits, Pahadi women against Madhesi women.

Maoism as a political ideology is too focused on class issues to be able to grasp the Madhesi issue. The Madhesi issue is a rather curious thing. You have half the country, 70% of the wealth, and only 5% of the political power. I think this goes on to show if you viciously attack the collective identity of a group, its members end up fundamentally handicapped. They put up with collective stuff that they would not if they came in the form of individual attacks.

मधेशीसँग संख्या छ, शिक्त छैन

In The News

Nepal faces Hindu backlash over declaration as secular state Christian Science Monitor, MA
NEPAL: Grassroots justice makes a difference Reuters AlertNet, UK
Nepal's success mantra: India's goodwill Expressindia.com, India
Top Indian official in Nepal NewKerala.com
US, India of same mind on Nepal: State Dept Hindustan Times
Nepal army pledges to obey new govt CNN-IBN, India Nepal Army Chief, General Pyar Jung Thapa has said that the military would accept the orders of the new government. At his first public appearance since the Nepalese Parliament curbed King Gyanendra's powers including his control over the armed forces, General Thapa said that Nepalese troops were committed to democracy ...... General Thapa further said the 90,000-strong Nepalese Army, considered traditionally loyal to the King, was engaged in "consolidating multi-party democracy and promoting national prosperity by maintaining peace"......
Of the people, by the people Tehelka (subscription)
4 soldiers killed in explosion in eastern Nepal Xinhua, China
Nepal Army committed to obey orders of the govt: chief Hindu, India
Nepal and The Army Deal NewsBlaze
‘Army committed to Nepal government’ Kantipur Online
Nepal Army ready to follow directives of Nepal Government: CoAS ... Nepalnews.com
Nepal's Army Accepts New Government New York Times, United States Gen. Pyar Jung Thapa, said troops were committed to democracy in Nepal. ..... "The Nepalese Army is committed to follow the directives of the government," an army statement quoted General Thapa as saying in an address to trainees at the army's Command and Staff College. ...... On Friday, the government and rebels held their first meeting since 2003, agreeing to a 25-point code of conduct, including a commitment to end provocations and stop using arms to intimidate people.
Nepal govt, rebels consider UN-monitored ceasefire Daily Times
Nepal govt, rebels may ask UN to monitor truce Mumbai Mirror
Rights Activists Urge Nepal Maoists to Abide by Code Nepal human Rights News
Defending Secularism in Nepal Kantipur Online, Nepal

Congo militia kill 1 Nepali peacekeeper, hold 7 Kantipur Publications
Maoists doing homework to make talks succeed
Rebel extortions breach Code of Conduct: MPs
TU Vice Chancellor Sharma resigns
Cross-border criminals on the prowl
SPA fails to finalize HoR Regulations
Control small arms: AI to Govt
Stored toxic waste affects school kids
School kids express Janaandolan-2 through art
SC declines to release ex-ministers of royal govt
ँपरिवर्तनपछि कानुनी जटिलता’
एफएम नवीकरण शुल्क मिनाहा हुने
राजधानीमा दिउँसै बैंक लुट
राजपरिषद्का सामान बुझाउन निर्देशन
खारेजीलगत्तै नियुक्ति
सरकारको निर्देशन पालना गर्छौं ः सेना
कांग्रेस गाउँ जाने
गाउँहरूमा गणतान्त्रिक अभियान
कर्मचारीलाई गाउँ जान माओवादी अनुमति अनिवार्य
दमनकारीको नाम कालोसूचीमा
ँभ्रष्टाचार छानबिन हुन्छ’
तीन दलद्वारा उपप्रधानमन्त्री माग
ँजनसेना सरकारले पाल्छ’
बृहत् राजनीतिक सम्मेलन टाठाबाठाको जमघट'
नक्कली माओवादी पक्राउ
रजिष्ट्रारद्वारा विवरण माग
नागरिकता माग
जयनेपाल र लालसलाम !
प्यारजंगहरूको नयाँ संस्करण
सैनिक नेतृत्वको व्यवहार
ठूला दलहरूको अभिलाषा

Full text of the Ceasefire Code of Conduct agreed between the govt. of Nepal and CPN (Maoist) on May 25, 2006

Preamble:

Respecting the popular mandate expressed through the historic people’s movement for total democracy, progress and peace;

Remaining committed towards the Universal Declaration of Human Rights -1948, and fundamental principles and values of international humanitarian law and human rights;

Remaining committed to fulfil the 12-point agreement between the seven political parties and the Maoists;

Remaining committed towards democratic values including the concept of competitive multiparty democracy, civic liberties, fundamental rights, human rights, press freedom and rule of law;

Guaranteeing the fundamental rights of the Nepali people to participate in the process of constitution making through elections to the Constituent Assembly without any fear, threat and violence;

Placing democracy, peace, prosperity, forward-looking social transformation and freedom, sovereignty and dignity of the nation in the center; and

In order to transform the ceasefire between the Government of Nepal and the CPN (Maoist) into permanent peace and resolve the problems through negotiations, a code of conduct has been issued as follows as per the wishes of the Nepali people:

Guaranteeing fearless civilian life

1. Not to issue any statement or engage in any activities which could provoke each other.

2. Both the parties shall not mobilise, display or use their armed forces in a manner that could spread fear and terror amongst the people.

3. Not to attack or destroy each other’s military or security installations, not to lay down mines or ambushes, not to recruit new people in one’s military and not to spy against each other.

4. Both sides will extend mutual cooperation in order to maintain peace and security.

5. Discussion and understanding will be made as per need regarding the issue of management of arms and armed personnel.

Creating an environment of trust among the people

6. Both the parties will not participate in public meetings, conference or any other political activities in combat dresses or along with arms.

7. No hindrance will be made from either side for political activists and members of social organisations to move around the country and express their views, organise meetings or engage in their organisational works. They will not be subject to any mental or physical pressure.

On basic services to the people and development activities

8. During the period of ceasefire, activities like `bandh’ (general strike) and `chakka jam’ (transport strike) will not be organised, but peaceful demonstrations may be organised.

9. Essential services and facilities to the people will be allowed to operate without any disruption.

10. Not to create hurdles in undertaking regular development works peacefully and other works aimed at people’s benefit.

11. Transportation of items like food, medicines, materials used in development woks and daily utility items will not be obstructed or banned.

12. Both the parties will create an environment for the smooth functioning of schools, colleges and universities, hospitals, health centres and industrial institutions.

Cooperation from media for peace talks

13. Use civilised and dignified language while disseminating information about ceasefire, code of conduct and the peace process and other political activities.

14. Nobody should issue statements through media in a manner, which could hamper the talks and peace process.

Not to collect donation and other financial assistance forcefully

15. Donation or financial assistance in cash, kind or in the form of services will not be collected or mobilised against one’s will.

Release and rehabilitation

16. Accusation, claims or cases filed by both the parties against various individuals will be withdrawn and the detainees will be released gradually.

17. Whereabouts of the people who have been disappeared will be publicised immediately.

18. To help in the rehabilitation of and extend cooperation to displaced people to return to their respective houses in a peaceful, comfortable and respectable manner .

19. Return the properties of the leaders of political parties, activists and civilians, which were seized, locked up or prohibited from being used during the period of the conflict, to concerned persons or their families. Problems arising while returning the properties will be resolved through mutual agreement.

Facilitating the talks

20. No hurdles will be created in the movement and activities of individuals involved in negotiations from both the parties.

Monitoring

21. On the basis of mutual agreement between the two parties, national and international monitoring teams will be asked to monitor the ceasefire.

Miscellaneous

22. Dispute, if any, in terms of interpretation of this code of conduct, will be resolved on the basis of agreement between the parties.

23. In accordance with the spirit of the preamble of this code, amendments could be made in the code of conduct through mutual agreement.

24. To enforce this code of conduct immediately after it is signed.

25. To make the code of conduct public immediately after it is signed.

Signed by:
Krishna Bahadur Mahara
On behalf of the CPN (Maoist)

Signed by:
Krishna Prasad Sitaula
On behalf of the govt. of Nepal

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