The CA election held on 10 April 2008 gave no clear majority any party. The parties who had gone to the election with promise “to write new election in two years” were given the message to “write the constitution in consensus”. Twenty-five parties were elected to the CA. However, the party leaders focused more on party politics than the mandate of the people, which resulted in extension of the CA deadline after the constitution, could not be drafted within the stipulated timeframe.

The party leaders instead of focusing on consensus, cooperation and unity to write the new constitution focused more on the game of minority and majority to become the prime ministers and to strengthen self-centred party politics because of which the constitution could not be drafted on time, and the new constitution could not be promulgated within the period stipulated by the Interim Constitution 2007.

The first seating of the CA on 28 May 2008 declared Nepal a republic, and 15 days later, King Gyanendra left Narayanhiti Royal Palace. Despite this bloodless momentous change, there has been no change in the old mentality and culture of the party leaders and activists, and intellectuals. The pain of unbridled politics kept repeating. Intolerant and inhumane activities like reassurance, conspiracy, insensitivity, murder, kidnappings, beatings, donations, arsons became “industries”, which attacked the Nepali society. The UCPN (M) passion for arms did not abate; though the murder rates declined, industrialists, businessmen, doctors, journalists and civil society had to live under the shadow of fear. Even after 101 meetings of the CA, the new constitution could not be drafted on time.

The five days from 23 to 28 May 2009 were lost in confusion. There was pessimism all around after it became apparent that the constitution was not going to be ready, and there was still confusion until 10:30 pm on 28 May though the party leaders were busy in various meetings. While the UCPN(M) was against extending the CA deadline until the Prime Minister Madhav Nepal resigned, the NC, UML and other parties were against him resigning until the UCPN(M) start implementing the past agreements (on management/integration of Maoist combatants, ending the paramilitary structure of the YCL, return of captured land/houses and properties). The five days of political “marathon” continued between these two stands, and in the end, they agreed to extend the deadline at midnight of 28 May for another year.

Splits averted

The UCPN (M) is the largest political party in the CA, and the UML is the third largest. While the UML is a party of leftist “liberals”, the UPCN (M) still believes in the centralised government under the dictatorship of the proletariat, which is reflected in its authoritarian character and attitude. The UML is leading both the government and the “house”.

After the standing committee meeting of 28 May at Paris Danda (UCPN(M) central office), Dr Baburam Bhattarai’s camp was in favour extending the CA deadline for six months to continue to the policies formulated at the Chunwang meet (to effectively abandon the people’s war and forge relations with parliamentary parties), but Baidhya camp was against extending the deadline. At the end, when chairperson Prachanda also reached a decision not to extend the deadline, the UCPN (M) put out the condition of the prime minister’s resignation. At 9 am in the morning at the CA building in New Baneshwor, UCPN(M) CA member and Kathmandu valley YCL in-charge Chandra Bahadur Thapa disclosed that the standing committee had clearly been divided into two camps. He said, “Our standing committee members are divided into extending the CA deadline for 6 months and utilise the time and others who are against extending it in the prevailing context. Now, whatever comrade Prachanda decides, we will agree to it.”

Similarly, in the evening, some UML CA members belonging to the party leadership collected signatures demanding the prime minster’s resignation to extend the deadline, but another 62 members collected signatures in the counter-campaign in defence of the prime minister. There were clear two camps within the party regarding extension of the CA deadline. Both Jhalanath-Bamdev and KP-Madhav camps were actively involved in ousting each other immediately after formation of Madhav Kumar Nepal-led government. Therefore, Prime Minister Madhav Kumar Nepal was attached from within the Party rather than by coalition members. The 28 May consensus not only extended the tenure of the CA for one year, but it also calmed the intraparty conflict within both parties and the parties escaped split. In the three-point agreement, the first one mentions the completion of the peace process, the second, extension of the CA deadline, and the third, formation of a national consensus government.

Extension more challenging

The leaders of three main parties saved the CA at midnight on 28 May by reaching a three-point agreement. However, the agreement is not only unclear in itself, there is also no timeline. There is no clarity by which time the points should be implemented. To complete the peace process, the first point mentions implementing the past agreements. The second one mentions the extension of the CA deadline by one year, and the third one mentions the formation of a national government, but it does not mention whether the national government should be of only the three parties or with participation of the 25 parties in the CA.
Therefore, if the constitution is to be drafted within the extended deadline, there is no alternative to a national government, which can have the agreements of all to overcome the disagreements within the CA and the constitution-drafting process can gain speed. The gist of the three-point agreement is the management/integration of the Maoist combatants, return of captured land/house, commission on the disappeared, and ending of paramilitary structure of the YCL before forming the national government. However, the working style and desire of the leadership presents more challenges during this extended period.

What happened during the last 3 days?

26 May 2008

27 May 2008

28 May 2008

Sources: based on news broadcast by various newspapers, radio and TV.