Government in Controversy, Peace and Constitution Obstructed (November 6-12)

As the peace and constitution-drafting was gathering momentum, the Council of Ministers decided to recommend CA member Balkrishna Dhungel, who has been handed down a life sentence and confiscation of property by the Supreme Court, for presidential pardon. In addition, Prime Minister Baburam Bhattarai appointed 29 state and seven assistant ministers to form a 46-member Council of Ministers, which prompted sharp reactions from Congress, UML and other opposition parties. They alleged that these acts of the government have undone the atmosphere of trust for peace and constitution-drafting process.

The opposition parties allege that when there was consensus on the Truth and Reconciliation Commission and the Legislative Committee under the Legislative-Parliament Committees was ready to introduce the bill for it, the decision of the government on Dhungel has made a mockery of rule of law. They have asked the government to withdraw the decision to create an atmosphere of trust. Victims’ families, armed conflict victims, human rights workers, students, legal professional and others have opposed the government’s decision. They met the President and requested him not to implement the decision of the Council of Ministers.

Amidst opposition from all quarters, UCPN (M) leaders tried to defend their decisions. In the meeting of the legislature-parliament, UCPN (M) CA member Devi Khadka alleged that Dhungel was framed with political prejudice. She warned that cases will be filed against Congress, UML and others if there is a return to incidents from the conflict period. UCPN (M) Okhaldhunga district committee organised a press conference to make case for innocence of Dhungel and warned that it will retaliate if he is framed.

Meanwhile, the proposal of Army Integration Special Committee on army integration as per the seven-point agreement could not be endorsed, and the return of captured property during the conflict was also affected. Instead, the UCPN (M) Vaidya faction warned that it will not return the property captured in Sankhuwasabha, Kailali, and Kanchanpur, and will retaliate if an attempt at returning them is made. Congress and UML leaders warned that if the seven-point agreement is not implemented, it will be the end of the UCPN (M).

Major Developments

November 6	Chairperson of the Nilambar Acharya claims that the constitution can be promulgated in six months if there is consensus among the political parties and election can be held in one year. Meeting between President Ram Baran Yadav and prime minister Baburam Bhattarai. Prime minister Bhattarai informs the President about the forthcoming 17th SAARC Summit and on the peace process and constitution-drafting. UCPN (M) vice-chairperson Mohan Vaidya takes exception to the directive given by the party chairperson Pushpa Kamal Dahal to return the captured property during the conflict. Vaidya faction claims that the direction is against the decision of the central committee of the party.
November 7	Rastriya Janamorcha begins a week-long pressure programme against federalism. Senior Congress leader Sher Bahadur Deuba expresses the view that UCPN (M) will be responsible if the peace and constitution-drafting process are not completed. Mohan Vaidya faction of UCPN (M) in Sankhuwasabha announces that it will return the captured properties in a press conference and warns of retaliation if they are returned. Congress leader Sashank Koirala claims that Congress should lead a national consensus government.
November 8	Prime minister Baburam Bhattarai expands the Council of Ministers for the sixth time to 46 ministers from UCPN (M), UDMF, and smaller parties. Meeting of the Council of Ministers decides to recommend to the President to pardon Balkrishna Dhungel who has been handed a life sentence and confiscation of property by the Supreme Court for murder. Meeting of the Army Integration Special Committee. The rehabilitation package prepared by the Secretariat could not be endorsed as majority members were not present. Leader of the Nepali Congress parliamentary party Ram Chandra Paudel terms the expansion of Council of Ministers as meaningless and claims that there should be a government under his leadership before November 30. Prime minister Baburam Bhattarai departs for Maldives to participate in the 17th SAARC Summit. Senior UML leaders Madhav Kumar Nepal states that the next government should be led by the Nepali Congress and believes that a national consensus government can be formed under Congress
November 9	Maoist Victims’ Association and Conflict Victim Orphan Society organised an hour-long sit-in in front of the south entrance to the Singh Durbar demanding action against the guilty. Democratic Lawyers Association, Nepal, requests the President Ram Baran Yadav not to pardon the convicted CA member Balkrishna Dhungel. Meeting between UCPN (M) chairperson Pushpa Kamal Dahal and UN General Secretary Ban Ki-moon in USA; discussion on the peace and constitution-drafting process. UML leader Shankar Pokharel expresses his belief that there will be a national consensus government in place after November 30.
November 10	Nepal Students Association and UML-affiliated ANFSU demonstrate in front of valley campuses against the government decision to pardon CA member Balkrishna Dhungel. UML parliamentary party meeting concludes that the decision to pardon CA member Balkrishna Dhungel is against the parties’ agreements and demands that the government withdraw the decision. UML leader KP Sharma Oli alleges that the government is trying to criminalise politics. Nepali Congress president Sushil Koirala demands immediate correction of the government decision to pardon CA member Balkrishna Dhungel, saying the decision makes a mockery of the rule of law. Mohan Vaidya-faction district in-charges of Kailali and Kanchanpur demand correction of the decision to return the captured property and warn of escalating their movement. Rastriya Prajatantra Party (Nepal) chairperson Kamal Thapa says the act of pardoning CA member Balkrishna Dhungel is a mockery of rule of law. Senior UML leader Madhav Kumar Nepal expresses the opinion that if there is no progress within November 23, an alternative to the present government should be sought.
November 11	Alleging delays in the implementation of the seven-point agreement, Congress general secretary Krishna Prasad Sitaula says that it will be discussed upon return of the prime minister. Press advisor to the President, Rajendra Dahal, states that the government recommendation to the President to pardon CA member Balkrishna Dhungel will be seen whether it follows the Constitution, legal provision, and international commitment on human rights. Opposition parties express dismay in the parliament at the government decision to pardon CA member Balkrishna Dhungel and warn that the results will be serious if it is not taken back. A bill for 11th amendment to the Interim Constitution 2008 is registered in the parliament. The meeting is postponed before it starts due to lack of majority members. Some clauses of the Legislature-Parliament Working Procedures could not be suspended due to UCPN (M) and smaller parties. UML vice-chairperson Bamdev Gautam claims that new government will be formed after November 30. UML chairperson Jhala Nath Khanal alleges the government of promoting lawlessness.
November 12	UCPN (M) Okhaldhunga district committee organises a press conference in Kathmandu and alleges that Balkrishna Dhungel is being framed due to political prejudice and warns of retaliation if the sentence is carried out. Meeting of the parliament demands that the government withdraw the decision to pardon CA member Dhungel. The meeting endorses the bill for 11th amendment of the Interim Constitution to allow for an experts’ panel on state restructuring. Congress president Sushil Koirala writes to Sher Bahadur Deuba informing him that his resignation from the central committee has not been accepted.