January 21, 2015

BRAWL DISRUPTS DRAFTING OF CONSTITUTION IN NEPAL

[“The Nepali Congress thinks that if they accept the demand of the opposition parties, that is going to disintegrate the country,” said Lok Raj Baral, executive chairman of the Nepal Center for Contemporary Studies in Katmandu. “But if they do not address the demands of the minority groups, that is also going to harm the country.”]

By Bhadra Sharma
Maoist opposition leaders in Nepal threw chairs at members of the  
governing parties at a meeting on Tuesday.
KATMANDU, Nepal — Maoist opposition leaders in Nepal threw chairs and microphones at members of the governing parties on Tuesday at a meeting of lawmakers working to draft a Constitution on deadline. Three lawmakers and about a dozen security guards were wounded.
Hours later, the Maoists, who won only a small fraction of seats in electionsfor the Constituent Assembly in 2013, strictly enforced a nationwide strike that shut down traffic, schools and markets.
The opposition alliance, which is led by the Maoist faction of the Communist Party, wants the new Constitution to carve provinces in Nepal along ethnic lines, a provision the governing coalition adamantly opposes. Regional parties representing members of the Madhesi ethnic group are seeking to declare the southern plains a separate province.
During the fracas on Tuesday, opposition lawmakers attacked leaders from the Marxist-Leninist faction of the Communist Party, who are part of the governing coalition. The coalition, led by the Nepali Congress party, commands more than two-thirds of the 601-member assembly, providing sufficient votes to push through a draft of the Constitution. But such an agreement would be tenuous and short-lived, analysts say.
“The Nepali Congress thinks that if they accept the demand of the opposition parties, that is going to disintegrate the country,” said Lok Raj Baral, executive chairman of the Nepal Center for Contemporary Studies in Katmandu. “But if they do not address the demands of the minority groups, that is also going to harm the country.”
After a 10-year civil war between the Maoists and the government ended in 2006, the Constituent Assembly spent four years trying, unsuccessfully, to write a Constitution, a stalemate that led to political paralysis.
The Nepali Congress won the largest share of votes in 2013, followed by the Marxists-Leninists. Dividing the country into smaller political units remains one of the most contentious issues surrounding the new Constitution.
Anti-government protesters marched in Katmandu on Tuesday. 
CreditNiranjan Shrestha/Associated Press
Three Marxist-Leninist leaders were wounded on Tuesday when lawmakers threw microphones at them.
“There are no words to condemn such an act,” said Subash Nembang, the speaker of the Constituent Assembly.
The deputy prime minister and home minister, Bam Dev Gautam, said voting would go ahead despite the obstruction from opposition parties.
“To promulgate the Constitution is our target, and we will make it a success,” he said.
The Maoist opposition leader, Giriraj Mani Pokharel, defended the actions of his party.
“We have already pushed for consensus,” Mr. Pokharel said. “The Constituent Assembly chairman’s push for majority process invited confrontation.”
Mr. Pokharel said the opposition would continue to impede voting unless the governing parties agreed to continue negotiations on the Constitution.
Bhadra Sharma reported from Katmandu, and Nida Najar from New Delhi.

@ The New York Times

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IGNORING INDIAN ADVICE, NEPAL PLUNGES INTO POLITICAL CRISIS

[In a statement, the Ministry of External Affairs said that it was their ‘expectation’ that Nepali leaders would work together ‘in the final stage of the peace process, in drawing up a constitution that honours past agreements and understandings as well as the mandate of the CA elections’.]

 

By Prashant Jha

When Prime Minister Narendra Modi visited Nepal in November during the SAARC summit, he had two pieces of advice for the country’s leaders – draft the constitution ‘on time’, and draft it ‘based on consensus’. If Nepal is sliding into a political crisis in the run up to Thursday’s deadline for a new constitution, it is because the leadership has chosen to disregard this well-meaning advice. India, on Tuesday, reiterated this broad suggestion with a carefully constructed fresh statement.
Nepal is deeply polarized. The ruling parties – Nepali Congress and Communist Party of Nepal (Unified Marxist Leninist) – wished to initiate a process that would enable voting on contested constitutional issues like federalism, form of government, election system and judiciary. The opposition – led by Maoists and Tarai parties – insisted on working towards a consensus, rather than a vote. On Monday, the Maoist members vandalized the Constituent Assembly, disrupting proceedings. On Tuesday, the opposition followed it up with a nation-wide strike. A constitutional draft - let alone a new constitution – is now impossible.   
In a statement, the Ministry of External Affairs said that it was their ‘expectation’ that Nepali leaders would work together ‘in the final stage of the peace process, in drawing up a constitution that honours past agreements and understandings as well as the mandate of the CA elections’.
India’s approach carries weight. The original understanding between the political parties and Maoists in 2005, which saw the onset of the peace process, was signed in Delhi. Modi has elevated the relationship with two visits to Kathmandu. Instability in the northern neighbour will have a direct impact on India, given the open border. The failure of the constitutional process will threaten prospects of democratic consolidation, strengthen right and left wing extremists in Kathmandu, and jeopardize the upswing in bilateral relations. India cannot remain silent.
Without taking obvious sides, Delhi has adopted a nuanced approach. It recognizes that the CA elections have thrown up a particular mandate – which is what the ruling parties are using to push a vote. But it has taken the longer-term view, and warned Nepal’s polity that a constitution is a foundational document. It may be possible to draft a statute through the majoritarian route, but this will not be owned by key political forces or social groups. And such a constitution will lead to only more conflict, which will add to India’s strategic concerns. Delhi should use its leverage in Kathmandu to pull back Nepali parties from the brink.