Another Timetable for Constitution-Drafting (December 4 -10)

The timetable for constitution-drafting was prepared as per the 6-point agreement between the main three parties, UCPN (M), Nepali Congress, and UML, and UDMF on November 29, 2011, whose clause 4 states, ‘Constitutional Committee will publicise the timetable for drafting the constitution within December 6, 2011. The timetable was prepared by the sub-committee for dispute resolution of the Constitutional Committee, which was endorsed by the Constitutional Committee and forwarded to the Constituent Assembly, which also endorsed it

Previously, the timetable used to be drafted by the CA secretariat and the chief whips would discuss it, and finally the CA would endorse it. However, dispute among the political parties over peace process and government power would lead to the timetable not being followed. This time, the timetable was prepared differently. It was prepared by the sub-committee for dispute resolution where the senior leaders of the parties are members and sent to the Constitutional Committee. This has increased the ownership over the timetable of the Constituent Assembly.

The new timetable endorsed on December 4 lists the timeline, the work of the Constitutional Committee and the sub-committee, and also tasks that need to be done simultaneously in parallel. The timetable states the sub-committee for dispute resolution has to submit its report to the Constitutional Committee by resolving all the outstanding issues through consensus except those on state restructuring by December 30, 2011, and discussions will be held on the report and decisions taken by January 4, 2012.

The Constitutional Committee has been explicitly tasked with including the all the resolved issues in the first draft by January 9, 2012 and discussion over the first draft except issues on state restructuring in the Constitutional Committee by January 29, 2012. Similarly, the Constitutional Committee has to prepare the directions the CA will give on the recommendations of the State Restructuring Commission by February 27, 2012, finalise the first draft by March 5, 2012, and prepare a constitutional bill by April 19, 2012 for submission to the Constituent Assembly. From April 21, 2012 to May 20, 2012, the constitutional bill will be discussed and endorsed by the Constituent Assembly. The bill will be endorsed by the Constituent Assembly by May 27, 2012 and will be forwarded to the President.

For four years, there was dispute among the parties over the order of peace process and constitution-drafting. They also argued that peace process and constitution-drafting should go hand in hand. CA Chairperson Subash Nemwang claims that the new timetable for peace process and constitution-drafting has ended such disputes. He states, ‘The peace and constitution-drafting process will not be obstructed under any pretext”.

Major Developments

December 4	Meeting of the UCPN (M), Congress, UML, and UDMF at Gokarna resort decides to give the responsibility to the senior leaders on formation of a national consensus government and decides to forward to the government the nomination Madan Pariyar to the State Restructuring Commission. Youth Association protests at the airport against the Finance Minister Barsha Man Pun alleging irregularities at the Youth Self-Employment fund. Youth Association burns down two government vehicles against police intervention. Meeting of the Constitutional Committee decides to forward the timetable for constitution-drafting prepared by the sub-committee for dispute resolution to the full sitting of the Constitutional Assembly after minor revisions. Congress senior leader Sher Bahadur Deuba comments that the goal of ‘state capture’ by UCPN(M) chairperson Pushpa Kamal Dahal would only be a daydream and claims that this comments is against all the agreements until now. UCPN (M) Mohan Vaidya faction protests in Dhangadhi, Kailali, against the decision of the party and government to return the properties captured during the conflict. UCPN (M) Mohan Vaidya faction submits memorandum to the district administrations in Dang, Banke, Bardiya, and Kanchanpur against the decision to return the captured properties.
December 5	Gold and silver traders call Lalitpur banda against the murder of a member. State Restructuring Commission meets in the Ministry of Culture in Singha Durbar. According its spokesperson Krishna Hachhethu, the Commission has decided that the members will not say anything in public functions and media that will adversely affect the Commission’s work. UML-aligned Youth Association withdraws the banda announced for December 6. The Association president Mahesh Basnet says that the banda was withdrawn after the prime minister Baburam Bhattarai promised to investigate the irregularities at the Youth Self-Employment Fund and release the five arrested cadres. Congress president Sushil Koirala states that it is not the time to talk about the formation of a new government and who will lead such a government. Congress senior leader Sher Bahadur Deuba claims that the next government will be formed under Nepali Congress and he will lead the government.
December 6	Meeting of the parliament is obstructed after the protests by the Nepali Congress against the attack on Chitawan Tarun Dal president Shiva Paudel in the Chitwan prison. The government forms a four-member committee under Home Ministry Joint Secretary Shankar Koirala to investigate the incident and suspends Chitwan District Police head DSP Khinu Prasad Acharya, Jailor Chuda Mani Paudel, and police ASI Shiva Raj Chhetri. Meeting of the Constituent Assembly endorses the new timetable for constitution-drafting. Meeting of the Constitutional Council assigns responsibility to the Chief Secretary Madhav Prasad Ghimire to draft criteria for appointment to the constitutional bodies. Meeting of the Council of Ministers decides to appoint Madan Pariyar as the coordinator of the State Restructuring Commission. Congress senior leader Sher Bahadur Deuba claims that unity and reconciliation is necessary to end conspiracies and whimsical decisions in the party.
December 7	Communities and associations related to the Buddhism take out rallies in Kathmandu against nomination of Pushpa Kamal Dahal to the chair of the announced Lumbini Development National Directorate Committee, demanding the coordinator should be a Buddhist. Nepali Congress president Sushil Koirala claims that the Congress will lead the national consensus government and that it will be formed soon. National Human Rights Commission presents its 11th Annual Report to the President and draws attention to the fact the human rights violators are not prosecuted. The meeting of the sub-committee for dispute resolution under the Constitutional Committee is postponed due to the busy schedule of UCPN (M) chairperson Pushpa Kamal Dahal. UML senior leader Madhav Kumar Nepal claims that the State Restructuring Commission cannot act impartially and alleges that appointment of party affiliates instead of independents. The vehicle carrying chairperson of the State Affairs Committee of the Legislative-Parliament Committee Ram Nath Dhakal is pelted with stones at Putalisadak.
December 8	Ambassadors from the European Union countries start lobbying for extension of the Office of the United Nations high Commissioner for Human Rights (OHCHR), meet Congress president Sushil Koirala. Koirala promises to work for extension. CA chairperson Subash Nemwang asks political parties to work within the timetable for peace process and constitution-drafting. State Restructuring Commission coordinator Madan Pariyar states that federal states that include the hills and Tarai would be appropriate. The Supreme Court annuls the government decisions of different times to provide state facilities to the former prime ministers, former deputy prime ministers, former members of the Council of Ministers, former chief justices of the Supreme Court, and members of former royal family members. Congress senior leader Sher Bahadur Deuba alleges that Congress president Sushil Koirala false promises have led to the disputes within the party not being resolved. President Ram Baran Yadav expresses the view that the constitution should be promulgated in time to institutionalise democracy gotten through the sacrifice of the Nepali people.
December 9	Meeting of the Constitution Committee of the CA requests the parties to quickly resolve disputes in the constitution-drafting. Former prime minister Madhav Kumar Nepal announces that he will not use the vehicle provided by the state. Congress starts preparation for official position on the federal structure of the state. Former Maoist combatants submit a memorandum to the prime minister’s office demanding an integrated economic package for their long-term management. The government claims that it has been able to meet its objective in its first 100 days. Government spokesperson Narayankaji Shrestha claims it has been successful in the peace and constitution-drafting process which is the government’s main objective. President Ram Baran Yadav expresses the opinion that state restructuring should be above the issues of ethnicity, regionalism, and class. He suggests taking into account geography, costumes, culture, and economic viability in state restructuring. Congress president Sushil Koirala states that the next government will be led by the parliament leader Ram Chandra Paudel and alleges that the claims of senior leader Sher Bahadur Deuba are only his personal ambition. Congress senior leader Sher Bahadur Deuba claims that he is on a marathon tour of the country to unify the party.
December 10	UCPN (M) chairperson and former prime minister Pushpa Kamal Dahal and UML chairperson and former prime minister Jhala Nath Khanal return their state-provided vehicles. On Human Rights Day, prime minister Baburam Bhattarai claims that decision to not extend the mandate of the Office of the United Nations high Commissioner for Human Rights (OHCHR) was taken by former government. Meeting of the sub-committee for dispute resolution under the Constitutional Committee decides to move forward from the next meeting by seeking consensus on disputed issues. Meeting of the UCPN (M) politburo establish faction concludes the alternative to the present government would stall the progress being made in the peace and constitution-drafting process and decides to focus all energies on the peace and constitution-drafting process. Congress president Sushil Koirala alleges that the peace process has not concluded because of the UCPN (M) and their contradiction in their words and actions. Congress senior leader Sher Bahadur Deuba alleges weakness of the party president Sushil Koirala on not being able to collaborate with other parties.