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Updated evaluations on crisis solution can be found here. Evaluations on other topics can be accessed through the headwords above.
The inclusively elected Constituent Assembly,
Continued crisis:
Despite growing demands for a consensus government, the leaders of the
political parties have once again not been able to enter into such
consensus. Peace and constitution can only be reached if the four big
power groups (UCPN-M, NC, CPN-UML and UDMF work together. Other
fundamental truths are that peace and constitution are only possible in
cooperation with and participation of the UCPN-M. The third truth is
that the unavoidable consensus government can only be led by the far
strongest political party, i.e. the UCPN-M. NC and CPN-UML, that
together have less MPs than the UCPN-M alone, must understand that they
do not have any democratic legitimacy to lay claim to leadership within
a consensus government.
Besides, especially the NC with its highest responsibility for the
failure of the 1990 political system is not qualified to lead the
country into a new era. On
August 28, 2011, UCPN-M's vice president, Dr. Baburam Bhattarai, has
been elected the new Prime Minister of a majority government that will
be led by the UCPN-M. Bhattarai's election at the first ballot was
possible because of it was supported by the 71 MPs of the UDMF on the
basis of a four point agreement. Baburam Bhattarai originally had the
intention to lead a consensus government. Now, it's up to NC and
CPN-UML to join his government and make it a consensus one. It's a pity
that the NC, the greatest veto player in the peace and renewal process,
has already rejected its cooperation once again. The term of the CA has been extended for a third time on August 29, 2011, this time for a period of three months once again. The UCPN-M has just presented a resonable roadmap to conclude the peace process and to finalize the new constitution. It can be the basis for concluding discussions within a cosensus govenrment and, especially, within the Constituent Assembly. Hopefully, the NC will awake and understand that this old political party with its great tradition is on the best way to become responsible for the country's greatest political disaster. There have been signs in this direction in recent weeks. On November 1, 2011, the the three big parties and the Madhesi alliance finally laid the foundation for the last step of the peace process by concluding a seven point agreement on the integration and rehabilitation of the Maoists' former PLA. On 22 November 2011, the parties agreed on an eight-member State Restructuring Commission will work out the future federal model of the country. The members are: Stella Tamang, Malla K. Sundar, Krishna Hacchethu, Surendra Mahato, Yogendra Jha, Sarbaraj Khadka, Ramesh Dhungel and Sabitra Gurung. Later, Madan Pariyar has been added as chair person and representative of the Dalits. On
31 January 2012, a divided SRC presented two different proposals for
state restructuring. The majority of the SRC members proposed eleven
federal provinces, predominantly based on ethnicity and region. The
remaining three SRC members, all close to NC and CPN-UML, rejected the
ethnic connetivity and proposed six federal provinces that remember the
existing five development regions which were once introduced bythe
royal Panchayat system to safeguard the Hindu state and the domination
of the so-called upper Hindu castes. On 29 November 2011, the term of the CA has been extended for another six months. The Supreme Court has already decided that further extensions are not possible. This puts the party politicians under high pressure and this is good so. They must be aware that Nepal will face a disaster if the new constitution is not finished until 27 May 2012. Nevertheless, the prospects are worstening day by day in mid March 2012. It's time for the Nepali people to understand that this generation of party politicians will never bring peace and a new constitution that is based on the rule of law, justice and inclusion. On 11 April 2012, the PLA was integrated into the NA, thus ending the time of two parallel armies. On 4 May 2012, a deal was made between the four leading party camps. On demand of NC und UML, the government was replaced by a new one. Baburam Bhattarai remained PM. NC and UML promised to be part of the new government to make it a consensus government. But, strangely enough, it was agreed that this new government would have to resign immediately before the promulgation of the new constiutution, i.e. within the next three weeks. Then, another new government will have to be formed under a PM from the NC. In other words: The power greed of the party politicians, especially those from the NC, has been carried so far that the timely conclusion of the new constitution may fail now. Besides, even the first part of the agreement has proved to be a farce. The UML has already rejected to join the new Bhattarai government while the NC is once again distorted between the camps of their disunited leaders. The continued infighting within the Maoist camp aggravates the situation further. The last days before the final date to promulgate to constitution are characterized by a coup d'état of the party leaders.
They take the right to write the constitution from the CA into their
own hands. Many of these party leaders have even been rejected by the
people and they have absolutely no right to be part of the constitution
writing process. The party leaders want to make the CA members puppets
that only have to vote for the decisions that have already been taken
by the party elites. In this way, they want to disallow the elected CA
members to take their own moral decision while voting on the
constitution. In this way, the party leaders make the inclusively
elected CA a farce! What have the past four years been good for?
Absolutely nothing! The leaders of NC and CPN-UML not even allow the
future federal provinces to have historical names that are connected to
the traditional population groups of the respected areas. With dirty
agreements, they cheat the excluded social groups like Janajati,
Madeshi, Dalits, Muslim and Madhesi once again, who had been hopeful
for a betters inclusion through identity based federal provinces. Poor Nepal, what will be thy future? Links on the crisis situation:
19/05/2012: House set to make 12th amendment to Interim Constitution (nn) 296 lawmakers stand against 11 pradeshes (ht) [The constitution is the independent decision of the CA, not that of the party leaders!!], Around three hundred lawmakers stand against three party deal on 11-province federal model (nn), 14 UML lawmakers demand 11-state model be corrected (ht), NC, UML warn UCPN-M not to back-pedal on deal (ht), Deal on 11-province model is preliminary: PM, by Thira L. Bhusal (rep), Three parties meet over demand for review on 11-state model (nn), New agreement on federalism on the cards: Dahal (nn), Tharu extend banda; others strike elsewhere, by Dil Bahadur Chhatyal and Pushpa Raj Joshi (rep), Brahmins, Chhetris not indigenous groups: NEFIN (ht), BMF, indigenous nationalities to launch joint protest (nn), Major parties to campaign in favour of 11-state agreement (ht) [Once again: The party leaders do not have the legitimacy to decide this!!], Bandhs disrupt normal life in east (ht), Upendra Yadav-led Madhesi alliance shuts Terai (nn), Govt-Muslim talks inconclusive as Muslim leaders want senior leaders to participate in negotiations (nn), Different places of capital declared restricted area (nn), NC, UML not to send new ministers to govt (rep), Time for a rethink, by Sukhdev Shah (rep)
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(See full calendar with festivals) Links: Nepal democracy: Gateway to
Nepali politics Centre for
Constitutional Dialogue (CCD) Additional papers on crisis solution Heidelberg Papers in South Asian and Comparative
Politics (HPSACP) Nepalprojekt der Helene-Lange-Schule, Wiesbaden |