Observer An Internet journal irregularly published by Nepal Research Issue 1, August 30, 2010 ISSN 2626-2924

Nepali politicians: Their misunderstanding of democracy, legitimacy and the rule of law by Tsak Sherpa

About four and half years ago, the people of Nepal tentions. To mention only one example: There had finished the unconstitutional rule of then King Gy- been no elections for the new interim parliament of anendra by an impressive nationwide movement. January 2007; all MPs had to be nominated by the Civil society, i.e. the people, not political parties party leaders. Instead of following the principles of had been responsible for this most revolutionary the people's demands of April 2006 by nominating event in Nepal's history. They had protested on the members from all sections of society, as it had also streets against the royal putsch for more than one been prescribed by the reinstated interim parlia- year. They had pressed the political parties and the ment in summer 2006, all the old established Maoists to join hands against the insurgent mon- parties of the 1990 system stuck to their candid- archy, to end the ten years old Maoist insurgency, ates that had been elected in 1999; and this had and to build up a new Nepal that should be based been predominantly male and some other on peace, stability and prosperity. The people's de- so-called high Hindu caste members. They not mands during the April 2006 movement had been even tried to apply the aspect of inclusion in re- very clear: They wanted the end of the insurgent spect to the MPs they were allowed to nominate in monarchy in the same way as they wished an end addition. Positive was only the procedure of the of the Maoist insurgency; they wanted a durable CPN-Maoist that had not been part of the 1999 peace with a new democratic system that should parliament and, thus, had to nominate totally new be based on the equal inclusion and participation MPs. They tried to respect the aspect of inclusion of all sections and groups of society; and, finally, and, e.g., nominated 40% female members. This they wanted that this system change should be in- obviously later had influence upon the positive troduced and legitimised by an elected constituent support for this party by the voters in the elections assembly. for the constituent assembly. What has been reached after Gyanendra stepped Besides, the cooperation between the different down from power in April 2006 can be summed up parties, including the CPN-Maoist, became more in a few sentences. Gyanendra gave the power and more complicated in 2007. There was still back into the hands of party politicians and rein- great distrust. The Maoists had problems to mend stalled the parliament that had been elected in their ways of behaviour, give up their violent prac- 1999 for a period of five years. In other words tices and respect the rule of law, while the leaders neither party politicians nor parliamentarians had of the other parties also refused to accept the any legitimacy for their regained power positions in agreements they had signed before. Fundamental 2006. So, this could only be an interim solution. mistakes were made right in the beginning. For ex- Nevertheless, the politicians made some good pro- ample, the integration and rehabilitation of the gress in the beginning. They formed an interim former People's Liberation Army (PLA) of the government under Prime Minister Girija Prasad Maoists should have been one of the priority tasks , the reinstated parliament passed a num- of the interim government that was formed in ber of laws to improve the participation and rights January 2007 under PM ac- of disadvantaged sections of society like the wo- cording to peace agreement and interim constitu- men. A fundamental peace agreement with the tion. A limitation of the number of persons that CPN-Maoist was signed in November 2006. It have to be reintegrated or rehabilitated was served as basis for a new interim constitution that nowhere mentioned as it was also not mentioned was implemented on 15 January 2007 with parti- that they all have to be integrated into the army. cipation of the Maoists. The latter joined the new But these exactly have become the terms of dis- interim parliament, that was formed on the very cussions very soon. same day, and they also joined the government in None of the governments since January 2007 has April 2007. Finally, in April 2008 and after two ever tried to implement the agreements concern- delays, elections for a constituent assembly took ing the PLA fighters and discussions have even place, i.e. the interim process got a legitimate been intensified in recent months. Obviously, there basis. are strong intentions from conservative minded But the beginning of 2007 was also the time when political sections that try to prevent each and the politicians more and more forgot their good in- every kind of integration or rehabilitation of the

1 former PLA fighters, though these people know ship was vacant for some years but political parties very well that there will be no chance for endur- were outlawed either. When political power went able peace and a new Nepal without it. This leads into the hands of the parties in 1990 the star of his to the conclusion that these conservative sections half-brother Girija Prasad Koirala rose. The latter are not really interested in such fundamental has been one of the outstanding politicians after changes that are urgent in Nepal. 1990 but he would have served his party as well as his country better if he had democratized state and Another early fundamental mistake that has not party. Till his death in 2010, he tried to hold been eliminated so far is the continued state of im- everything under his control giving power positions punity that is encouraged by the government, the predominantly to members for his extended family political parties and the army leadership. Numer- circles. Some examples only: 30 of the 240 NC ous crimes have been committed by both parties in candidates in the elections for the constituent as- conflict, Maoists and state, during the ten years of sembly in April 2010 belonged to the extended insurgency and three and a half years of royal Koirala family. When his health deteriorated, he putsch. Especially the years after the mobilization tried everything to push his daughter as well as of the army against the Maoists insurgents in other relatives to leading position in state and November 2001 have been characterized by nu- party. merous human rights violations like murder, ab- duction, disappearance, expropriation, expulsion, But what has been mentioned for the Nepali Con- etc. More than 1.000 persons alone that have been gress is true for other parties as well. The result of disappeared by the army are still missing. Without the elections for the constituent assembly has an investigation into the capital crimes and the proved the great political awareness of the people. punishment of the responsible persons the people They knew which parties and politicians were of Nepal will never get justice. mainly responsible for the failure of the 1990 sys- tem, and so they rejected them in the elections. This brings me to the current state of democracy Most of all, this effected politicians from the Nepali and legitimacy. All political parties of the country Congress and the CPN-UML. But this had no con- have great problems with the implementation of sequence for the influence of these politicians and internal democratic structures, inclusion and parti- parties. They have become PM, Deputy PM, minis- cipation. There are parties like the ters, etc. They still decide the politics of their and the CPN-UML, whose roots go back to the late parties; they order the elected representatives of 1940s, that claim to be the true and only demo- the people how they have to vote in the constitu- cratic parties. But democracy means “rule of the ent assembly that also serves as parliament. This people”, i.e. those in political offices have to be is not democracy but unchanged oligarchy. Leading elected by the people. In the same way have all representatives of the state are not legitimised by functionaries of the parties to be elected by the the people. party basis, nominations have no place in demo- cracy. And, of course, is it a precondition for all The CPN-Maoist may also still not be fully inclusive democratic parties that they are open to all sec- and their leadership level may be dominated by tions of society, that they are not dominated by High Hill Hindu castes as well, but most of them special sections of society or even families, and are legitimised through the elections. Their leading that the party program includes the interests and role in the peace and reconstruction process has demands of all social sections of the multiethnic been legitimised by the electorate. The process of and multicultural state of Nepal. renewal has no future without their active particip- ation. Their statements and behaviour may some- The reality is totally different. For more than 60 times be irritating, but it is not true that they are years, the leadership of the bigger parties has re- most responsible for the delay of the peace and mained in the hands of male members of some ex- constitution writing process as it is claimed by tended families that predominately belong to leaders of the Nepali Congress and the conservat- and some Chhetri castes. members of other ive wing of the CPN-UML around K.P. Oli. On the social groups and women are still exceptions. Un- contrary, they have very often made concessions der the royal Panchayat system, male Chhetris had to keep the process running, and I hardly remem- a stronger influence but this has totally changed in ber any situation when such concessions were favour of male Bahuns after political power went made by the other two big parties. The latter into the hands of the political parties after 1990. should be aware that any split of the CPN-Maoist What this means in practice may be best explained over too many of such concessions may harm the by the Nepali Congress. Since its earliest days, this peace process. This would not be in the interest of party has been dominated by one Bahun family, the disadvantaged and so far not included masses i.e. the extended Koirala family. After the death of but only serve traditional elites that still dominate its charismatic leader B.P. Koirala in 1982, leader- decisive party positions.

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