Nepal escaped civil war through eighth amendment

Nepal escaped civil war through eighth amendment
Nepal’s main party leaders were locked in debates and hot talks on May 28 to try and avert a political crisis with parliament’s term due to expire at midnight leaving the country without a functioning legislature. Leaders of the Nepali Congress, Communist Party of Nepal and the Maoists were in deep, discussions on how to take agreement forward. The Maoists fought a decade-long civil war against the state before agreeing to lay down their arms in a 2006 peace agreement. However, four yeas later many of the terms of that deal remain unfilled. These include the integration of thousands of former Maoist fighters into the regular national army and the disbanding of the party’s armed youht wing, the Young Communist League which rival parties consider an obstacle to lasting peace in Nepal.
Nepal experienced decade long Maoist insurgency which came to an en in November 2006, known as the Comprehensive Peace Agreement leading to general elections on April 2008 and a Constituent Assembly of 601 members was formed. In the election, the extreme –left United Communist Party of Nepal (Maoist) secured 229 seats. The centre-stage right Nepali Congress got 115, while the centre-left Communist Party of Nepal (United Marxist –Leninist) obtained 108 seats. Pushpa Kumar Dahal popularly known as ‘ Prachanda’ the Maoist leader, became the prime minster with the support of CPN but he was in power only nine months. He dismissed Army Chief General Rookmangud Katwal for refusing to integrate 20000 ‘indoctrinated Maoist fighters into the regular army. President Yadev overturned Prachanda’s decision which led to constitutional crisis. Prachanda felt disgusted and resigned in May 2009. Madav Kumar Nepal of CPN then became PM with the support of Nepali Congress. The present crisis actually originated since then .
The constituent Assembly was mandated to draft the new constitution with two years of its first session. Those two years came to an end on May 28 but Nepal has yet to get the new constitution. Thus the extension of the CA’s tenure became crucial, without which the country would have slipped into the abyss of constitutional vacuum.Subhas Nembang, speaker of the CA, said that 80% of the new constitutions was ready. And if the CA got an extension the remaining drafting could be completed if the key disputes among the parties were resolved quickly. Thousands of people gathered outside the parliament building in Nepalese capital Kathmandu on May 28 and chanted slogans demanding the resignation of the prime minster and the extension of parliament. Madav Kumar Nepal said he would step down in last- minute deal to secure support of Maoist lawmakers for a bill to extend parliament’s term. Maoist leader Pushpa Kumar Dahal pushed the leaders of the ruling Community Party of Nepal and Nepali Congress to accept his demands for new power sharing government. But the other parties were refusing to buckle resulting in the current deadlock and prompting a call from UN Chief Ban Ki moon for the leaders to work out their differences.
Finally, on May 28 amid unprecedented pressure all the parties agreed at an appropriate time and the House passed the 8th Amendment to the Interim Constitution (580 votes to 5 votes) extending the tenure of the CA by one year. The Maoist agreed to the deal because they realized that if the CA was dissolved without producing a constitution, their clout in Nepali constitutional politics would end. They also realized that they cannot afford to go back to arms struggle like before after winning 40% seats in the CA through ballot. Integration of Maoist fighters into the regular army, returning of the land seized during the insurgency to actual farmers, and allowing the law enforcement agencies to proceed against Maoist cadres who are accused of crimes against humanity remain greater challenges for the Maoists. However, the Nepalese has heaved a sigh of relief as the eighth amendment has saved them from being embroiled in civil war.

Md. Masum Billah
Senior Manager: BRAC Education Programme, PACE
Phone: 9355253(home), 01714-091431(cell)
Email: mmbillah2000@yahoo.com