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Royal powers curtailed drastically, HMG/N becomes Nepal govt, RNA turns into Nepali Army, Nepal declared a secular state NepalNews The Rastriya Prajatantra Party and Rastriya Janashakti Party, which are not the constituents of the SPA also supported the proposal ...... no members of the parliament voted against the proposal...... depriving His Majesty the King of all the privileges enjoyed by him and declared the reinstated House as “supreme.” ...... the provision of Supreme Commander-in-Chief of the Royal Nepalese Army being held by HM the King has been scrapped. The provision has deprived the King of his control over 90,000 soldiers of the country........ dissolution of the Raj Parishad Standing Committee ....... the parliament will form necessary procedure to go for the election of the constituent assembly........ the full executive power will lie to the parliament........ the monarch will not have any authority to enact the law concerning royal succession, which will be done by the parliament....... scrapped the provision that His Majesty the King’s acts could not be challenged before the parliament and the Court........ changing the name of the Royal Nepalese Army into Nepali Army, and replacing “His Majesty’s Government” with the “ Government of Nepal”....... monarch will no longer convene a session of the parliament....... the Speaker of the House of Representatives shall convene the session on the recommendation of the Prime Minister. A special session of the House can be called on the request of 25 percent of the lawmakers........ The cabinet will decide about the appointment of the army chief, mobilisation of the army will be done as per the decision of the council of ministers. However, that will have to be approved by the stipulated parliamentary committee........ made the income and assets of the King taxable........ the parliament will fix the expenditure of the Royal Palace....... has declared all the provisions of the Constitution and laws that contradict this proclamation “ as nullified"......... it is not necessary to be the member of House of Representatives to be the minister......... has declared Nepal as a secular state and added that the government will make provision for resolving the citizenship problem.This is huge. This might not hit the world headlines, but this is huge. Like humongous huge.
“Historic” proposal tabled at HoR
Cabinet approves HoR proclamation
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HoR Proclamation
1. LEGISLATIVE
1.1 All the rights regarding the legislative body of Nepal shall be exercised through the House of Representatives. The procedures for formulating laws shall be as specified by the House of Representatives.
1.2 The procedures for moving on the path of Constituent Assembly shall be as fixed by the House of Representatives.
1.3 Calling of the session of the House of Representatives and its conclusion shall be as follows:-
a. The calling of the session shall be by the prime minister and will concluded by the speaker on the recommendation of the Prime Minister.
b. The speaker shall fix the date for the session or meeting to hold within 15 days if request is made before the speaker by one fourth of the total members at the moment in the House of Representatives citing that it is appropriate to call a session or a meeting when the House of Representative is not being held or if the meeting is stalled.
1.4 The House of Representatives shall formulate and implement the House of Representatives regulations.
2. ON EXECUTIVE
2.1 All the executive rights of Nepal as a state shall rest on the Council of Ministers.
'His Majesty's Government' shall be termed 'Government of Nepal' from now onwards.
2.2 Persons who are not the members of the House of Representatives can also be nominated in the Council of Ministers.
2.3 The Council of Ministers shall be responsible towards the House of Representatives. The Council of Ministers and the ministers collectively and for the works of their ministries shall be personally responsible towards the House of Representatives.
The administration, army, police and all the executive organs shall be under the purview of the government that is responsible towards the House of Representatives.
2.4 The allocation and transaction of business of the government shall be presented at the House of Representatives after its passage from the Council Of Ministers.
3. ON ARMY
3.1 The name "Royal Nepal Army" shall be changed to "Nepalese Army".
3.2. The Existing provision regarding the National Security Council has been repealed. There shall be a National Security Council under the chairmanship of the Prime Minister in order to control, use and mobilize the Nepalese Army.
3.3. Chief of the Army Staff of the Nepalese Army shall be appointed by the Council of Ministers.
3.4. The existing arrangement of Supreme Commander of the Army has been revoked.
3.5. The decision of the Council of Ministers on mobilizing the Nepalese Army, must be tabled and endorsed within 30 days from the special committee assigned by the House of Representatives.
3.6. The formation of the Nepalese Army shall be inclusive and national in nature.
4. ON RAJ PARISHAD
The existing provision of Raj Parishad has been revoked. Necessary works being performed by the Raj Parishad shall be as per the arrangement made by the House of Representatives.
5. ON ROYAL PALACE
5.1. The right to make laws, amend and nullify regarding the succession to throne shall rest on the House of Representatives.
5.2. Expenditure and facilities for His Majesty the King shall be as per the decision of the House of Representatives.
5.3. The private property and income of His Majesty the King shall be taxed as per the law.
5.4. Acts performed by His Majesty the King are questionable in the House of Representatives or in court.
5.5. Existing Royal Palace Service shall be made part of the civil service.
5.6. The security arrangement for the Royal Palace shall be as per the arrangement made by the Council of Ministers.
6. THE EXISTING PROBLEM REGARDING CITIZENSHIP SHALL BE INSTANTLY RESOLVED.
7. THE EXISTING "NATIONAL ANTHEM" SHALL BE CHANGED BY MAKING ALTERNATIVE ARRANGEMENT.
8. NEPAL SHALL BE A SECULAR STATE.
9. MISCELLANEOUS
(a) All the state organs and bodies shall exercise their rights as having been authorised by this House of Representatives and with full faith towards it.
(b) Specified officials holding public posts shall take oath of office from the House of Representatives in specified manner. Officials who ignore receiving oath of office shall be relieved of their posts.
(c) The inconsistent legal arangements of the Constitution of the Kingdom of Nepal-1990 and other prevailing laws, with this declaration, shall be nullified to the extent of inconsistency.
(d) Any difficulty that may come while implementing this declaration shall be removed by a decision of the House of Representatives.
(e) A committee shall be there in the House Of Representatives for the purpose of implementation of sub-clause (c) and (d) above.
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Transitioning the “Royal” Nepal Army
Shobhakar Budhathoki1
Nepal’s military has always played a primary role in dismantling the democratic system and in establishing an authoritarian royal regime in the country. Although the Nepalese military has demonstrated a relatively good performance record in UN peacekeeping missions, it has maintained an exceedingly destructive identity domestically and has maintained its loyalty only to the monarchy and has engaged in actions to suppress the people’s aspirations for democracy both with its involvement in the 1960 coup and again in 2005.
During the 30 years of the autocratic panchayat regime (1960- 1990), the military was used to carry out repressive measures against democratic forces and was responsible for disappearances and killings of political party activists. After the restoration of democracy in 1990, the military was, in theory, placed under the National Security Council headed by the Prime Minister. In practice, the King, as the supreme commander of the army continues to exercise authority over military deployment and the daily business of the army through the military secretariat located inside the palace. In principle, Nepal’s military was not created for encounters within the country or for internal affairs, and in fact was not deployed for the first five years of the insurgency launched by the Communist Party of Nepal (Maoists). The army even often refused to assist in emergency operations to rescue the Nepal Police during the insurgency.
As King Gyanendra took the throne after the mysterious royal massacre in June 2001 (that killed a total of 10 royal family members including the whole family of King Birendra), the military suddenly became enthusiastic to play a proactive role in internal issues, including the custom offices of the Nepal- India borders and ongoing violent conflict. The army has carried out the instructions of the palace and ignored those of the prime minister by refusing to engage during the emergency situation mentioned above, carrying out security operations during the 2001 ceasefire and dialogue period, and refusing to return to their previous non-engagement status after the 2001 “state of emergency” thereby continuing their deployment without legal authority. The military has also acted as the private army of the king when they provided full support of the King’s assumption of all executive powers in October 2002. The army also played a provocative and offensive role aimed at disrupting the peace process in 2003. The army, and armed police under the “unified command,” played the lead role in planning and executing the King’s February 2005 coup that established an authoritarian and dictatorial regime. The military also carried out numerous brutal operations and indiscriminate killings during the 2005/06 Maoist unilateral ceasefire including the Nagarkot massacre, and the Palpa and Morang killings. Last, but not least, the military was aggressively deployed against the people’s nonviolent movement that reached its peak in April 2006, and are responsible for injuring thousands, killing nearly two-dozen peaceful protestors, and for systematically committing some of the most egregious human rights abuses.
During the King’s direct rule (February 2005 – April 2006), the military led the unified command (comprised of the armed police and regular police) and carried out numerous brutal acts of suppression of the democratic movement and killed innocent civilians in the name of eliminating the Maoists throughout the country. The military came to the street to suppress peaceful demonstrations in April 2006 and indiscriminately fired on crowds in different parts of the country that killed at least 21 Nepali citizens and injured more than five thousand peaceful agitators, that resulted in hundreds being permanently disabled. Before the nonviolent demonstrations, and even prior to the 2005 coup, the military was responsible for disappearances, extrajudicial killings, and using torture, all on a systematic level.
The Royal Nepal Army has never demonstrated its commitment toward the people and instead has blindly supported the King’s autocratic steps. The institution of the military has neither practiced democratic principles, nor made any attempt to detach itself from the picket of the monarchy. Instead, the military has acted only to please the monarchy and carried out actions as the monarchy’s personal army. The structure, system, and methods of the army are in themselves autocratic and feudal. Only royal relatives, or those among the privileged elite may be among the top-ranking officers and advisers to the palace. Therefore, the army, in order to serve a democratic nation and terminate the practices that are illegal (torture, disappearances, etc…) it must face a restructuring and transform from a “Royal Army” to having a loyalty to the people’s institutions such as parliament, and to an army who respects and abides by the rule of law. Despite the promises of the new government to put the military under the parliament, whereby respecting the people’s aspirations during the movement, the act of doing so has not materialized properly and in a timely manner. Even if the legal changes are made by the new government the genuine conversion of loyalty from the monarchy to the citizens of Nepal will not be achieved, and as long as the army remains under the command of the King, legally or not, democracy and its institutions in Nepal are under threat.
Therefore, some essential steps must be immediately taken to compel the military to be accountable to the people. The following actions are also recommended to complement the new government’s attempts to restructure the military and increase international support to achieve this noble mission of the people’s government to create an actual Nepali people’s army.
May 16, 2006, Kathmandu
1 Steering committee member of the Defend Human Rights Movement- Nepal, Budhathoki holds a Masters Degree in Peace and Justice Studies form the University of San Diego, USA.
