Questionnaire Committee Formed despite Opposition Protests

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1 Questionnaire Committee Formed despite Opposition Protests Bhuwan KC/Tilak Pathak Published date: February 05, 2015 Despite fierce opposition from the UCPN (M)-led 30-party alliance, the Constituent Assembly formed a questionnaire committee to finalise the disputed issues of the constitution. Though the ruling coalition urged talks to be carried along with the Constituent Assembly procedures, the UCPN (M)-led alliance rejected the offer. The possibility of the ruling coalition and the opposition reaching an immediate agreement on the issues of the constitution became slim after being unsuccessful to keep the UCPN (M)-led alliance in the questionnaire committee and failure to send back the disputed issues to the Constitutional-Political Dialogue and Consensus Committee. Prime minister stunned After the constitution was not promulgated on January 22 as scheduled, the government, Congress, and UML mainly blamed UCPN (M). The next day, in his address to the nation, Prime Minister Koirala said, Instead of focusing on the discussions on the various alternative proposals to the disputed issues among the political parties in the Constituent Assembly, they arrived at the political conclusion that the constitution cannot be drafted through the Constituent Assembly and joined the alliances that adopted the alternative path of banda and protests, which was a serious blow to the constitution-drafting process. I am stunned on the attack on the hopes and trust of the people. 1 The prime minister s remarks were aimed at UCPN (M). The prime minister did not admit his own shortcomings on the failure to draft the constitution. Instead, he accused UCPN (M) of trampling on the goodwill and attempts to keep the allies of the peaceful people s movement together. He further said, Our efforts to institutionalise the collective achievements together have been misconstrued as weaknesses to be used against us, which has made the constitution-drafting process a prisoner of indecision and confusion. 2 Chairperson of ruling coalition UML KP Sharma Oli said it was a big mistake to give the chairperson of the Constitutional-Political Dialogue and Consensus Committee to UCPN (M) on trust. He said, We have not committed any other mistake to not draft the constitution within January 22, and we should not have to ask forgiveness of the people for that. However, we committed a big blunder (by naming UCPN (M) leader Baburam Bhattarai to the chair of the Dialogue Committee). 3 But UCPN (M) leader Baburam Bhattarai asked for forgiveness. Writing on social media Twitter, For failing to draft a forward-looking constitution for the country within one year as committed by taking oaths in front of the people, I am ready to take my share of the blame and ask for deep forgiveness from my heart from the voters and respected general people. 4 1 Address to the nation by Prime Minister Sushil Koirala on January 23, Address to the nation by Prime Minister Sushil Koirala on January 23, KP Oli says Mistake to make Baburam the chair of the Dialogue Committee. Retrieved Feb 2, 2015 from 4 Bhattarai asked thus for forgiveness for failure to draft the constitution. Retrieved Feb 2, 2015 from

2 Questionnaire committee formed After UCPN (M)-led alliance obstructed the registration of the proposal to form a questionnaire committee several times, Constituent Assembly chairperson Subash Chandra Nemwang made preparations to present the proposal himself. UCPN (M)-led alliance protested this move. After the attempts by Congress to propose and UML to support the motion for formation of the supposed questionnaire committee had to be aborted because of our fierce protests, it is extremely objectionable of Constituent Assembly chairperson to register the Congress-UML proposal on the questionnaire committee formation to the meeting on January 25, which will surely bring an end to the chairperson s neutrality and dignity. We will strongly protest and counter any such proposal, and we want to make it public our inability to associate and participate in such majority processes, 5 warned the coordinator of the 30-party alliance and UCPN (M) chairperson Dahal. The alliance had asked the Constituent Assembly meeting to be postponed for 10 days to seek an agreement. 6 The ruling coalition rejected the request by the opposition. 7 The alliance s request was not heeded. As the protests by the UCPN (M)-led alliance was continuing, Nemwang registered a proposal for formation of questionnaire committee to prepare questionnaires on January 25 and forwarded it for approval. Constituent Assembly chairperson Nemwang had registered the proposal after it became apparent that this cannot be done from the ruling coalition. 8 There were disputes among the political parties on the issues of state restructuring, form of governance, election system, and judicial system among others. Though the chairperson had announced a 73-member questionnaire committee, he named only 49 members. Chairperson Nemwang stated that the committee was not complete because the opposition had not proposed any names. Chairperson Nemwang stated that since the first meeting of the proposal committee would sit in five days and its term is for another five days, so the next 10 days should be utilised for forging consensus. 9 The ruling coalition welcomed the formation of the committee but the opposition expressed its anger. Congress vice-president Ram Chandra Paudel said that consensus process has started along with the formation of the committee. 10 It is our conclusion that the regressive and undemocratic act in the history of the Constituent Assembly today by the Constituent Assembly chairperson in the Constituent Assembly meeting by going beyond the neutrality, dignity, presence, and respect of the post and acting as a cadre of Congress- UML that will push the country towards violence and conflict was undertaken as per the selfinterest and design of the ruling elites, 11 reads the press release by UCPN (M) chairperson Dahal as the coordinator of Sanghiya Loktantrik Gathabandhan. Dahal accused chairperson Nemwang of turning the Constituent Assembly into barracks, wearing the mark of stigma, and acting as the spokesperson of the party (UML). 12 Another UCPN (M) leader wrote on Twitter, the Constituent Assembly is new Mahabharat, the chairperson its Shikhandi (an eunuch). On the day of formation 5 Press release by the coordinator of Sanghiya Loktantrik Gathabandhan Pushpa Kamal Dahal on January BC, Ganga. Give 10 days: opposition alliance. January 25, The Kantipur Daily, p1. 7 No: ruling coalition. January 25, The Kantipur Daily, p1. 8 Phuyal, Rajendra. Proposal for committee endorsed amidst protests. Retrieved Feb 2, 2015 from 9 Subedi, Ishwori. Questionnaire committee formed in the Constituent Assembly in the end. Retrieved Feb 3, 2015 from 10 Which leader said what after the formation of the committee? Retrieved Feb 3, 2015 from 11 Press release by the coordinator of Sanghiya Loktantrik Gathabandhan Pushpa Kamal Dahal on January The chairperson turned Constituent Assembly into barracks: Prachanda. Retrieved Feb 2, 2015 from

3 of the committee, UCPN (M)-led alliance burned the effigy of the Constituent Assembly chairperson. Congress and UML held parliamentary party meetings and directed its members to go to the villages to create an environment in conducive to constitution-drafting. The first meeting of the questionnaire committee formed a working procedures drafting sub-committee with Ramesh Lekhak as its coordinator. Softening of stance by the ruling coalition Until the formation of the questionnaire committee, Congress, UML, and other ruling coalition partners were unyielding against the parties in the UCPN (M)-led alliance. On January 23, they even decided not to enter into any agreements with UCPN (M)-led alliance until the procedures were followed. However, after the formation of the questionnaire committee, they were positive towards the UCPN (M)-led alliance. A joint meeting of Congress and UML decided to take the process forward as well as keeping the doors to agreement open. On January 27, a meeting of the ruling coalition parties including Congress and UML took place. The meeting asked the UCPN (M)-led alliance to take part in the procedures and seek solution through dialogue. Therefore, respecting the constitution, rules, and democratic decorum, we ask the UCPN (M)-led alliance and leaders of the joint forum to participate in the questionnaire committee and seek solution through dialogue and draft the constitution as soon as possible. In addition, we urge all to take the decision-making process of the Constituent Assembly further as per rules and regulation, 13 reads the press release by the 12 parties in the ruling coalition. Then Prime Minister Koirala stressed finding solutions through talks and dialogue, and UML standing committee meeting also stressed taking the procedures and dialogues forward. UCPN (M) demanded the dissolution of the questionnaire committee. But the ruling coalition and Constituent Assembly chairperson were not ready to do that. Instead, UML chairperson KP Sharma Oli said, If 50 million to 100 million rupees is paid out, the constitution will be drafted, and commotion in the streets will end. 14 Opposition in protests After the formation of the questionnaire committee, the UCPN (M)-led alliance started protests. On January 26, the 30-party alliance made public a three-phase protests programme beginning January 26 to March 31. The programmes included internal meetings, preparation of the protests, distribution of leaflets, khabardari sabha, sit-ins, encircling, protests, etc. Though it had announced decisive movements towards March end, UCPN (M)-led alliance did not bring any large programmes. There also was not any possibility of parties reaching an agreement immediately through dialogue. However, UCPN (M) became more aggressive in parliamentary forums and it decided not to participate in meetings of any of the parliamentary committees. Suggestions of the president As the discord between the parties was rising, President Ram Baran Yadav met Prime Minister Sushil Koirala, UCPN (M) chairperson Pushpa Kamal Dahal, leader Baburam Bhattarai, and UML chairperson KP Sharma Oli separately. He took information on the reasons behind the constitution 13 Press release issued by the 12 parties in the coalition on January UCPN (M) will halt the protests if 100 million rupees paid: Oli. Retrieved Feb 3, 2015 from

4 not being promulgated on January 22 and political developments since then. He suggested UCPN (M) chairperson Dahal and Bhattarai to move forward through consensus and urged UML chairperson Oli to move forward by taking into confidence the opposition as well. Conclusion Politics moved more towards disagreements rather than agreements. The formation of the questionnaire committee further increased the disagreements. The situation became difficult as the majority process could not move forward for long nor could there be any agreement. UCPN (M) not only grew apart from the ruling coalition but also from the Constituent Assembly chairperson. The situation became more complex after UCPN (M) decided not to attend any of the parliamentary committees meetings. President Ram Baran Yadav gave suggestions to move forward through consensus, but there was no environment to follow them.

5 Major Political Developments January 23 Prime minister addresses the nation; states he is stunned at the failure to draft the constitution. UML chairperson KP Sharma Oli feels it was a mistake to make UCPN (M) leader Baburam Bhattarai the chairperson of the Constitutional-Political Dialogue and Consensus Committee. Meeting of the Constituent Assembly is obstructed by UCPN (M)-led alliance. Meeting of UCPN (M)-led alliance decides to continue the protests. Meeting of 12 ruling parties including Congress, UML, Rastriya Janamorcha, and others decides not to reach an agreement until the procedures start. UCPN (M) leader Baburam Bhattarai apologises through social media at the failure to promulgate the constitution. January 24 UCPN (M) chairperson Pushpa Kamal Dahal warns of countering the formation of the questionnaire committee. January 25 President Ram Baran Yadav and Prime Minister Sushil Koirala meet. Discussions on including failure to promulgate the constitution among other issues. President Ram Baran Yadav meets UCPN (M) chairperson Pushpa Kamal Dahal and Baburam Bhattarai and urges them to move forward by forging a consensus. Meeting of the Constituent Assembly. Formation of the questionnaire committee despites slogans by UCPN (M)-led alliance. Ruling parties welcome the move. UCPN (M)-led alliance burns the effigy of the Constituent Assembly chairperson. Meeting of UML parliamentary party. Directions to the Constituent Assembly members to go to the villages for five days. Meeting of 12 ruling parties including Congress and UML. Prime Minister Koirala given responsibility to hold talks with the opposition alliance. January 26 Meeting of Congress and UML decides to keep the doors open to talks and take the process forward as well. Meeting of UCPN (M)-led 30-party alliance plans 3-phase protest programmes. Meeting of Congress parliamentary party directs the Constituent Assembly members and party cadres to go to the constituencies to forge a favourable general opinion on constitution-drafting. Meeting between President Ram Baran Yadav and UML chairperson KP Sharma Oli. The president urges Oli to move forward by taking the opposition into confidence as well. January 27 Meeting of political parties including Congress and UML urges UCPN (M)-led alliance to participate in the constitution-drafting process and seek solutions through talks.

6 January 28 Prime Minister Sushil Koirala claims that the problems will be resolved through talks and dialogue. Meeting of UCPN (M) parliamentary party decides not to participate in any of the parliamentary committees. January 29 Meeting of UML standing committee decides to take forward the procedures and talks for constitution-drafting. Meeting of UCPN (M) central committee. Chairperson Pushpa Kamal Dahal states that Constituent Assembly should not be abandoned. President Ram Baran Yadav and Constituent Assembly chairperson Subash Chandra Nemwang meet. The president stresses bringing the opposition for talks. January 30 Senior Congress leader Sher Bahadur Deuba states the questionnaire committee can be dissolved. Meeting between Prime Minister Sushil Koirala and UCPN (M) chairperson Pushpa Kamal Dahal. Discussion on the constitution-drafting process. January 31 First meeting of the questionnaire committee. Formation of a sub-committee for drafting the working procedures. Meeting of UCPN (M)-led 19-party alliance demands that the disputed issues be sent back to Constitutional-Political Dialogue and Consensus Committee. UML chairperson KP Sharma Oli claims that if 50 to 100 million were given to UCPN (M), the obstructed Constituent Assembly will resume.

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