Dispute on Form of Government Resurfaces (January 1-7)

There was an agreement in principle in the sub-committee for dispute resolution on directly elected president and prime minister elected from the parliament. There was also an agreement to outline the authorities of the president and prime minister in the constitution. Talking to journalists after the meeting of the sub-committee for dispute resolution on December 30, 2011, Prakash Man Singh said that there was agreement in principle in all outstanding issues except and state restructuring and on which further discussions were necessary.

In the meeting to discuss the authorities of the president and prime minister with UCPN (M) and UML, Nepali Congress proposed a ceremonial president chosen by electoral college, which was opposed by UCPN (M) and UML and they insisted on voting if it could not be agreed upon, to which Nepali Congress did not agree. Instead, Congress said more time was needed to seek consensus and proposed amending the CA timetable for that.

The Constitutional Committee was supposed to have reached a consensus on the report submitted by the sub-committee for dispute resolution by January 4, 2012 in the CA timetable. However, UCPN (M) stood on its ground on directly elected president while Congress insisted on a president elected through an electoral college. While UCPN (M) accused Congress of backing away from agreements reached in the sub-committee, Congress argued that there was no agreement on a directly elected president in the sub-committee. After the dispute among the parties, the parties agreed to amend the timetable further discussion.

CA meeting amended the timetable to complete all the tasks that were supposed to be completed by January 4 to January 29, 2012. The CA formed a regulations drafting committee to amend CA Regulations to overcome difficulties in constitution-drafting. The dispute among parties increased after there was no agreement on the form of government. Congress accused UCPN (M) of obstructing the peace and constitution-drafting process. And, UCPN (M) states that peace process cannot move forward because Congress had backed down from previous agreements.

In the meantime, a meeting took place between UCPN (M) and United Democratic Madhesi Front (UDMF), which decided to move forward by making a common consensus on peace and constitution-drafting process. Congress and UML after a separate meeting accused UCPN (M) of backing down from 7-point agreement and the peace process. While UCPN (M), Congress, and UML were embroiled in dispute, the Front insisted on implementing the 4-point agreement it had with UCPN (M) from the time of government formation.

In the central committee meeting of UCPN (M), members finished commenting on the proposal the party chairperson Pushpa Kamal Dahal and separate proposal of vice-chairperson Mohan Vaidya. Most of the 131 speakers suggested the party leaders to move forward with peace and constitution-drafting as the main focus. They also suggested moving ahead unitedly as internal dispute had weakened the party issues.

Major Developments

January 1	Meeting of the sub-committee for dispute resolution under the Constitutional Committee. Congress submits separate proposal for further discussion on issues like form of government, unchangeable articles in the constitution among others. The three parties agree for further discussion on issues that have agreement in principle. Meeting of Army Integration Special Committee endorses timetable for discharging Maoist combatants choosing voluntary retirement to begin within a week and to be finished in 12 days. UML department for federal issues holds a discussion on state restructuring in Bhaktapur, comes up with two separate proposals for eight and 12 states. Meeting of UCPN (M) central committee. Members stress on forging a work direction by combining the proposals of chairperson Pushpa Kamal Dahal and vice-chairperson Mohan Vaidya. Two separate investigative committees comprising of eight political parties and National Dalit Commission hold press conference. They conclude that the murder of Manbir Sunuwar of Kalikot was due caste discrimination. UML vice-chairperson Bamdev Gautam states that political parties have betrayed the people many times by not drafting the constitution and completing the peace process. Congress central leader Shekhar Koirala states the peace process should be completed by UCPN (M)-led government.
January 2	Janwadi Kalakar organises a people cultural programme in Kathmandu. Prime minister Baburam Bhattarai states that the revolution is continuing; only its form has changed. Two meetings between UCPN (M), Congress, and UML end in no agreement on the election process and authority of the president and the prime minister. UML meet in Bhaktapur concludes that the 14 states model proposed by the Committee on State Restructuring and Distribution of State Power is not appropriate. Leaders divided along ethnic and non-ethnic lines. Congress vice-president Ram Chandra Paudel states that work on constitution-drafting should be taken forward only after work on peace process is taken forward. Expresses dissatisfaction at progress only on constitution-drafting. Meeting UCPN (M) central committee. Members state the internal dispute has weakened the party issues in the peace and constitution-drafting process. Human rights activists protest in front of Singha Durbar alleging preparation to provide general amnesty to the perpetrators of human rights abuses during the armed conflict. 43 are arrested. Meeting of the Constitutional Committee of the CA discussion on the transition after there is no agreement among the three parties. The Newar community in Kathmandu takes out a rally on the occasion of third Newa Day. Say they will not accept a capital territory/state and central state. Meeting of Council of Ministers decides to remove the statue of King Tribhuwan from Shahid Gate and keep it in the Narayanhiti Museum.
January 3	Meeting of the Constitutional Committee endorses the consensus report submitted by the sub-committee on dispute resolution on repeated issues from the Committee on Fundamental Rights and Directive Principles. Congress leaders in a meeting with CA chairperson Subash Nemwang request him to amend the constitution-drafting timetable. Ministry of Local Development dissolves the All-party Mechanisms at the local level. The Minister of Local Development states that the dissolution is as per the directive of the Commission for the Investigation of Abuse of Authority. Meeting of State Affairs Committee forms a sub-committee with UML leader Pradeep Gyawali as the coordinator to study the sale of (old) arms. Meeting of the parliamentary party of UML requests to work according to present timetable. Meeting of the sub-committee for dispute resolution decides to give responsibility to the senior leaders to conclude on the disputed issues. Meeting of UCPN (M) central committee. Members continue to give their comments. Rastriya Prajatantra Party-Nepal (RPP-N) holds a press conference and warns of protests against the government decision to remove the statue of King Tribhuwan from Shahid Gate. Meeting of UCPN (M), Congress, and UML. No agreement on the form of government. Congress and UML insist on deciding on the issues without consensus through voting in the CA. Meeting of Public Opinion Collection and Coordination Committee discusses the process of taking the draft constitution to the public. Congress general secretary Prakash Man Singh states that the new constitution should have provision for electing the prime minister through the parliament and ceremonial president.
January 4	Meeting of legislature-parliament. CA members trade accusations on the peace and constitution-drafting process not moving forward. RPP-N boycotts the meeting in protest against the government decision to remove the statue of King Tribhuwan. Meeting of the Constitutional Committee decides to suggest the CA to amend the timetable for constitution-drafting. Meeting of UCPN (M), Congress, and UML. Agreement on amending the timetable for constitution-drafting Parties unable to take the constitution-drafting process forward as scheduled in the timetable. The Constitutional Committee is unable to finalise the report of the sub-committee for dispute resolution, which excludes consensus on state restructuring. The Ministry of Local Development makes provisions for Local Development Officer to head the District Development Committees, executive officer to head municipalities, and VDC secretaries to head the village development committees (VDCs). UML chairperson Jhala Nath Khanal asks prime minister Baburam Bhattarai to immediately vacate the post to quickly complete the peace and constitution-drafting process.
January 5	Prime minister Baburam Bhattarai directs the officials of the Department of Urban Development and Building Construction to find appropriate sites for republic monument and tower. Former Maoist combatants disqualified by United Nations Mission in Nepal (UNMIN) state a Nepal banda. All protest programmes are withdrawn after agreement with the government. Deputy prime minister and Minister for Home Affairs Bijaya Kumar Gachhedar makes public Rs 22 billion for strengthening the Ministry of Home Affairs in a press conference. Central Coordinating Committee of Local Bodies holds a press conference to demand for immediate declaration of election date for local elections. Prime minister and UCPN (M) vice-chairperson Baburam Bhattarai meets vice-chairperson Mohan Vaidya and asks for support in the peace process. Meeting of the central committee of UCPN (M) is postponed due to former Maoist combatants. Meeting between UCPN (M) and UDMF at prime ministerial quarters at Baluwatar, agreement on common issues of peace and constitution-drafting process. Deputy prime minister and Minister for Home Affairs Bijaya Kumar Gachhedar states that a national government will be formed under Baburam Bhattarai.
January 6	112th meeting of the Constituent Assembly. Formation of committee for drafting regulations amendment. Amendment of the timetable of the CA. Meeting of UDMF emphasises on coordination between ministers and party leaders on implementation of 4-point agreement. Meeting of legislature-parliament. Congress and UML CA members demand immediate resignation of prime minister Baburam Bhattarai if peace and constitution-drafting process is not taken forward. Congress leader Ram Sharan Mahat states that there is a danger that a directly elected president could become a dictator. Prime minster Baburam Bhattarai accuses that constitution-drafting is obstructed because of disagreements from Congress and claims that Congress has backed down from the report of the sub-committee for dispute resolution.
January 7	UML chairperson Jhala Nath Khanal states that UCPN (M) should become responsible for completing the peace process. Meeting of UDMF concludes that more initiative is needed to implement the 4-point agreement. Minister without portfolio Rajlal Yadav announces that he will resign within third week of January as he has not received any responsibility. Meeting of the Constitutional Committee. Congress leaders state that disputes in the constitution-drafting process cannot solved by the Committee and express need for meeting of the sub-committee of dispute resolution. Two meetings between Nepali Congress and UML concludes that UCPN (M) has backed down from 7-point agreement and peace process.