Compensation for Land beyond Ceiling (December 11-17)

The meeting of the sub-committee for dispute resolution under the Constitutional Committee on December 15, 2011 reached a ‘consensus on land ceiling, but any land acquisitioned beyond this the land ceiling will be compensated’. The parties also agreed to not put a ceiling private property but to tax them. UCPN (M) was in favour of acquisitioning the land beyond the land ceiling and distributing them to the squatters, landless, and poor farmers. However, Nepali Congress and UML and other political parties had opposed such a UCPN (M) position as being against democratic processes.

The leaders said that though there was a consensus in the sub-committee, there would be no mention of the ceilings on land and property in the new constitution. Even with the agreement in the sub-committee, it did not enter the agenda of the Constitutional Committee immediately. Due to the internal rifts in the UCPN (M), this could not be submitted to the Constitutional Committee. After UCPN (M) parliamentary chief whip Deb Gurung opposed the party leadership accusing it of deviating from the party position, the consensus in the sub-committee could not move forward.

Similarly, the parties also agreed to include retroactive laws regarding crimes against humanity, war crimes, and genocide in the new constitution. The UCPN (M) had earlier been taking a stand against enacting retroactive laws.

The political parties also agreed on including mixed election system in the new constitution. Though the parties agreed on the mixed system of election in the sub-committee meeting, there was no agreement on the ratio of directly and proportionally seats. The parties also agreed on giving voting rights to anyone above 18 years of age. The Constitutional Committee decided to settle the repeated subjects in the thematic committee in the sub-committee and directed the sub-committee to streamline the repeated subjects and submit it to the Committee.

Despite progress in the constitution-drafting, there was no progress in the peace process. Congress and UML leaders accused the UCPN (M) leaders of dillydallying in the peace process, and there was a meeting of UCPN (M), Congress, UML, and UDMF regarding this. Congress and UML stuck to their stand that the combatants choosing voluntary retirement should be given their due amount and released, those seeking rehabilitation should be provided the ‘package’, and the cantonments should be emptied immediately. However, UCPN (M) stated that the cantonments should be emptied only after voluntary retirement, rehabilitation, and integration of the combatants. Due to these disputes, there was no agreement also on the timetable for combatant management.

At a time when the State Restructuring Commission is doing its work, Nepali Congress started its internal discussions on state restructuring. In a meeting of the parliamentary party at Nagarkot, CA members suggested that the number and demarcation of the states should be based on identity and capability. It was their suggestion that ‘States should not be carved along ethnic lines which would destabilise social harmony’.

Sanjuhang Paluwang-led Federal Limbuwan State Council declared banda in the nine districts of the east for lack of its representation in the State Restructuring Commission. Minister for Peace and Reconstruction Satya Pahadi invited them for talks. The banda was withdrawn after the Ministry sent a letter for talks on December 14, 2011.

There also arose disputes among coalition partners this week. UDMF met the prime minister to put pressure on him to implement the pre-government formation 4-point agreement. Their accusation was that ‘The prime minister and UCPN (M) leadership were indifferent towards implementing the agreement’. Then the Prime Minister Baburam Bhattarai expressed his commitment towards implementing the agreement and stated that the process of recruiting Madhesi youths in to the Nepal Army would be started.

The much-expected visit of the Chinese premier Wen Jiao Bao was postponed during this week. Foreign Minister and government spokesperson Narayankaji Shrestha asserted that the visit was postponed due to Chinese internal issues and the Chinese premier would visit at an appropriate time. The opposition parties took this postponement as a government’s diplomatic failure.

Major Developments

December 11	Meeting of the Army Integration Special Committee directs its secretariat to prepare a work-plan for integration, voluntary retirement, and rehabilitation of Maoist combatants. Meeting of the Constitutional Committee directs the sub-committee for dispute resolutions to resolve the issues repeated in the report of the Committee on Fundamental Rights and Directive Principles. CA chairperson Subash Nemwang states that the constitution-drafting process will not be delayed due to the report of the State Restructuring Commission. Congress and UML discuss immediate conclusion of the peace process and formation of a consensus government.
December 12	Meeting of the Nepali Congress parliamentary team starts in Nagarkot. CA members suggest formation and number of the states on the basis of identity and capability rather than along ethnic lines. UDMF meets the prime minister Baburam Bhattarai to put pressure on him to implement the 4-point agreement and threaten to quit the government. UML general secretary Ishwor Pokharel asks the prime minister to open the way for the formation of national consensus government by resigning. He states the prime minister’s resignation would not affect the peace process and it would be easier to form a new government. Congress president Sushil Koirala states that Sher Bahadur Deuba going on a nation-wide tour claiming to become the prime minister would not get him the prime ministerial position. Normal activity is affected in the nine districts in the east after Sanjuhang Paluwang-led Federal Limbuwan State Council calls a banda citing lack of its representation in the State Restructuring Commission. It accuses the government of not implementing the provision of Federal Limbuwan State Council representation in the State Restructuring Commission as in the agreement between the government and the Limbuwan on March 19, 2008. UCPN (N) secretary CP Gajurel claims that this faction is preparing to remove party vice-president Baburam Bhattarai and take over the government seat. Congress senior leader Sher Bahadur Deuba requests the party president Sushil Koirala not to weaken the party by taking unilateral decisions and suggests him to work by keeping in mind the views of the party cadres.
December 13	Minister of Peace and Reconstruction Satya Pahadi calls on the Federal Limbuwan State Council to halt the banda and come for talks and states that the issue can be resolved through peaceful talks. Meeting of the sub-committee for dispute resolution under the Constitutional Committee reaches a consensus on mixed election system and voting rights for anyone over 18 years of age. UCPN (M) vice-president Mohan Vaidya states that an alternative to Baburam Bhattarai should be sought if the parties agree for a national consensus government. CA chairperson Subash Nemwang claims that an integrated draft of the constitution would be made public immediately after the State Restructuring Commission submits its report and believes that by the time the Commission submits its reports there will be consensus on forms of government, election system and others issues. The visit of the Chinese premier Wen Jiao Bao from December 20 is postponed. Foreign minister Narayankaji Shrestha claims that due to the busy schedule of the premier, his visits to both Nepal and Burma were postponed. Minister for Physical Planning and Works claims that the process of recruiting Madhesi youths in the Nepali Army would start within one month. Minister for Law and Justice expressed that only corrupts are coming to him to be made a judge instead for improving the judiciary and hence corruption is rising. UCPN (M) secretary CP Gajurel states that only official statement remains regarding break-up of the party.
December 14	Congress accuses the government of diplomatic failure in the postponement of the visit of the Chinese premier Wen Jiao Bao. In the statement by parliamentary leader Ram Chandra Paudel, it states that the postponement raises the questions on the diplomatic capacity of the government. The meeting of the Constitutional Council decides to resolve all the issues repeated in the different thematic committee reports through the sub-committee for dispute resolution. President of Tarun Dal, Chitawan, is brought to Kathmandu for treatment. Federal Limbuwan State Council withdraws its indefinite banda in the nine districts east of the Arun river. Prime minister Baburam Bhattarai claims that the government will not quit without completing the responsibility of peace and constitution-drafting process and the serious discussion between UCPN (M) and UDMF during the 4-point agreement will not let the present coalition break down.
December 15	The establishment leaders of UCPN (M) including the chairperson Pushpa Kamal Dahal meet at the residence of the party vice-president and deputy prime minister Narayankaji Shrestha. Discussion regarding the internal party dispute. Meeting of the sub-committee for dispute resolution under the Constitutional Committee reaches a consensus on the ceiling on the land but the government will compensate any land acquisitioned beyond the land ceiling. Sharat Singh Bhandari faction of the MJF-D accuses the party president Bijaya Kumar Gachhedar of not calling the central committee meeting when requested by the Bhandari faction. Prime minster Baburam Bhattarai and Chinese ambassador to Nepal Yang Houlan meet and issue a statement that the visit of the Chinese premier Wen Jiao Bao was postponed due to the internal issues of China. UCPN (N) secretary CP Gajurel accuses the present Nepal government as being the most corrupt in history. UML senior leader Madhav Kumar Nepal accuses the prime minister Baburam Bhattarai of dillydallying in the peace and constitution-drafting process. Congress senior leader Sher Bahadur Deuba accuses the party president Koirala of not wanting to resolve the disputes after the dissolution of the working committees of the sister organisations.
December 16	Meeting of the legislature-parliament. CA members from UCPN (M) Mohan Vaidya faction, parties in the UDMF, Congress, and UML criticise prime minister Baburam Bhattarai accusing the government of heading towards failure. Foreign minister Narayankaji Shrestha claims that the postponement of the visit of the Chinese premier Wen Jiao Bao cannot be taken as diplomatic failure. Minister for Information and Communication JP Gupta resigns from the membership of the Constitutional Council, claims that he will not be an obstruction for others. Meeting of the establishment faction at the residence of the party chairperson Pushpa Kamal Dahal at Naya Bazaar concludes that the attempt to topple the government and seek another leadership is tantamount to obstructing the peace and constitution-drafting process. Meeting of the Army Integration Special Committee. No agreement between the government and the opposition on the timetable for releasing those choosing voluntary retirement. Meeting of the Constitutional Committee endorses the decision of the sub-committee of dispute resolution on keeping a bicameral legislature. Due to the internal disputes within the UCPN (M), sub-committee coordinator Pushpa Kamal Dahal could not bring into discussion the ceiling on land and property and compensation for any land acquisitioned above the ceiling. UML senior leader Madhav Kumar Nepal asks all the party leaders to not take themselves above the constitution. Congress senior leader Sher Bahadur Deuba claims that he is for party unity and reconciliation.
December 17	Death of Shiva Paudel, president, Tarun Dal, Chitawan. Congress cadres protest in different parts of the country. Meeting of the central committee of Congress asks for judicial commission to investigate the attack on Paudel. A 5-member investigative committee is formed under general secretary Krishna Prasad Sitaula. Meeting of the Council of Ministers. Formation of judicial commission under former justice Mohan Sitaula to investigate the attack on president, Tarun Dal, Chitawan, Shiva Paudel. Decision to provide one million rupees as compensation to the family. Meeting of UCPN (M) and UDMF expresses commitment to implement the 4-point agreement. UML chairperson Jhala Nath Khanal claims that since UCPN (M) cannot go back to the jungle, completion of the peace process is assured.