SPEAKING
FREELY Nepal: Breaking the political
deadlock By Gyan Basnet
Speaking Freely is an Asia Times
Online feature that allows guest writers to have
their say. Please
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In Nepal, it has
been nearly a month since the demise of the
Constituent Assembly (CA), and the political
turmoil is no nearer a resolution. The country is
going through one of the worst political crises
since it entered into a post-Civil War peace
process in 2006.
Political parties and
their leaders have done nothing to fill the
political vacuum that exists: they simply blame
each other for the shameful failure of the CA to
produce a constitution. It is a disgrace that they
have now taken to the streets to flex their
muscles and play a power
game rather than sit down and seek a solution
through dialogue among themselves.
The
parties seem to have forgotten even the first
essential element of an open and democratic
society - talking among the different segments of
society as a means of establishing a common and
just path forward. The sad demise of the CA and
the present political crisis brings mind-blowing
questions today: Is there a solution? How can
Nepal overcome the on-going turmoil? Can the
country possibly find a solution that is
acceptable to all?
A number of proposals
have been put forward to address the turmoil. Some
advocate a revival of the defunct CA: others
encourage President Ram Baran Yadav to act - even
to take legislative power. I firmly disagree with
both schools of thought. To re-establish the
defunct CA would be practically unproductive,
legally and constitutionally complex, and
politically suicidal.
There is no
democratic basis for doing this, and this is no
time for the country to travel in reverse gear. On
the other hand, looking to the president to end
the deadlock will only intensify the political
turmoil in the country. The role of the president
must remain mainly ceremonial - a respected
protector of democratic values according to
established traditions and not an exerciser of
power.
Fresh mandate the best
option The political parties must find a
solution to the present political crisis. They
have one chance to do something historic for their
country. Together they can take the country
forward through inclusive dialogue, genuine
understanding and essential common sense. I firmly
believe that it is time for them to knock on the
door of the people. A fresh parliamentary mandate
would be the best and most democratic option for
their country today.
Prime Minister Dr
Baburam Bhattarai's unilateral decision to call a
second CA election in May 27 was meaningless and a
folly. International experience suggests that
there is no guarantee that a second CA would be
any more likely to produce a constitution than the
first. For a full democracy, power must lie with
the people, who must be trusted to decide the
direction of their country's affairs. If there is
to be a fresh mandate, it should be for a
limited-size parliament: that would be the most
practical choice. Such a newly elected parliament
could focus immediately on critical problems
unlike the defunct CA, which had to contend with
too many broad agendas at once.
The first
essential step is for Bhattarai to resign as soon
as possible in order to make way for a government
of national unity. It is legally, constitutionally
and morally wrong for the premier to remain even a
minute longer in power. His decision on May 27 to
go for a new CA election failed both to
demonstrate political maturity and to follow
minimum democratic norms and procedures when
deciding on a matter of such serious national
interest.
There need not be a rush to hold
an election just for the sake of it. First, the
country needs a broad national consensus on the
agenda for reform and on the responsibilities and
functions of the future elected body. Alongside
the parliamentary election, a separate ballot box
can be used for a referendum on the most
contentious issues before them such as federalism,
the structuring of states and the system of
governance.
As well as reducing cost and
killing two birds with one stone, the election and
referendum combined will enable people to have
their say in a most democratic manner. The now
defunct CA was too costly for a country with over
60%t of its people living below the poverty line.
The proposed new parliament must be less costly
and more effective.
A fresh mandate is a
vital first step to bring the country quickly
towards a political transition. "Politics as
usual" will simply no longer work in Nepal, and
the country cannot move now into reverse gear. An
election following inclusive political dialogue is
the only legitimate means of starting fresh talk
among the people, between the political parties
and the people, and among the political parties
themselves.
This vote is the only way to
discover what the Nepalese people want at this
time because there has been no election there for
over four years. People's needs, sentiments and
perceptions will have changed during this period.
Now is the time to let the people speak for
themselves.
Politics of
conscience Intellectuals, the media, and
civil society are supposed to be the backbone of
any democracy. They are supposed to check for
malpractice in governance, especially among the
political parties and their leadership. These
elites are supposed to play the role of warning.
They are supposed to recognize right from wrong -
to praise for the one and to chastise for the
other.
It is so regretful in Nepalese
context that this is not happening, for all these
sides appear to have surrendered themselves to the
party political machines. They have become no more
than "Halia" and "Gulami" (enslaved) of the party
politics - mere advocates of party political
interests.
Where today is any system of
checks and balances, of transparency, or of
accountability - the essential pillars of any
democracy? Power should lie with the people, but
in Nepal, power has become a personalized
commodity reserved for the political elite. The
rule of law has been sacrificed, as corruption has
become a way of life affecting politicians,
bureaucrats and businessmen. Now is the time to
change their attitudes: the time to allow
value-politics based on conscience and common
sense to take over.
Intellectuals, the
media, and civil society must free themselves from
the grasp of partisan politics and become the
source of constructive guidance and fair
criticism. Their central mission now must be to
change the mind-set of 27 million people and to
encourage them to engage in active citizenship.
Politics will only find sensible solutions
when these Nepalis start asserting their rights as
citizens and rights holders. It is vital that they
become more active politically and socially. It is
vital that they exercise good judgement when
participating in the political process. It is
vital that they use common sense when choosing
between right and wrong, between good politicians
and bad.
It is vital that they as citizens
prove that they are more than blind supporters and
more than mere voters. The people as a whole must
become more aware of policies and their failings,
and they must learn to make rational judgements
over issues of public concern. The national
interest, social values and democracy in their
country must always stand above partisan politics.
That is why a fresh parliamentary election soon is
the preferred means of ending the present
political deadlock.
Dr Gyan
Basnet who holds a PhD and an LLM degree in
International Human Rights law at Lancaster
University, UK is a researcher in International
Human Rights Law and an Advocate in the Supreme
Court of Nepal.
Speaking Freely is
an Asia Times Online feature that allows guest
writers to have their say.Please
click hereif you are interested in
contributing. Articles submitted for this section
allow our readers to express their opinions and do
not necessarily meet the same editorial standards
of Asia Times Online's regular contributors.
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