Nepal Presentation SIS

8/12/2019 Nepal Presentation SIS

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S r i n i v a s a n R a m a n i

E c o n o m i c a n d P o l i t i c a l We e k l y ,P h D C a n d i d a t e , S c h o o l o f I n t e r n a t i o n a l S t u d i e s ,

J a w a h a r l a l N e h r u n i v e r s i t y

N e w I m a ! i n i n ! s o f D e m o c r a c y " n n u a l I n t e r n a t i o n a l S t u d i e s C o n v e n t i o n , # $ % &

S c h o o l o f I n t e r n a t i o n a l S t u d i e s

The Nepal Constituency AssemblyExperiment: Successes, Failures and

the Challenges Ahead


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Nepal's Transition

Nepal's transition from being a constitutional monarchy to a republic aspredicated upon a number of factors !

"nresol#ed Contradictions in highest po er apparatuses of the state ! bet een feudal monarchy and a large democratically elected polity

Socio$political upsurge of marginalised identities

%eopolitical Factors


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Structure of the &aper

&olitical Factors that led to the formation ofthe Constituent Assembly E#aluation of the Constitution riting

&rocess $ applying and see(ing theoreticalinsights from the endea#our)

Combine understandings from comparati#e

political theory *democratic theory andconstitutionalism+, international relations*geopolitics+ in this endea#our and shallha#e a political history narrati#e as part of it)


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Chief &olitical Actors

ainstream &olitical Actors $ The Nepali Congress, primarily supported by the incipient and rudimentary

Nepali bourgeoisie and which had a social democratic basis and mindset sinceits inception nearly five decades ago. Was in power when parliament wasdissolved by the monarch leading to pro-democracy agitations.

The Communist Party of Nepal ( nified-!ar"ist-#eninist$ or the !#, whichhad been formed in the early %&' s in Nepal and was inspired by the Na"aliterevolution in )ndia. The party had gradually shifted to Parliamentary politicsfollowing a number of upheavals, mergers and had adopted Parliamentarydemocracy as its credo in order to build socialism in the %&& s. The party hada strong cadre base that had e"tensive patronage networ*s both in

government as well as in the humongous N+ sector in Nepal. The monarchy which had lost its absolute status following the %&&

Constitution but which still retained control over the then oyal Nepali rmy.The assassination of *ing /irendra and his immediate family had seen thesuccession by his brother +yanendra, who for a brief period between 0 0 and0 1 restored the pre-%&& era of absolute rule.


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The -adical .utstream $ The nited Communist Party of Nepal (!aoist$ which led a decade

long !aoist insurgency from %&&2 onwards and was successful inoccupying close to 034rds of Nepal5s hinterland, particularly strong inthe western and mid-western hilly areas and in the east. TheCPN(!aoist$ had emerged historically from a left base representinglandless peasants, 6ana6ati groups, among others.

The party had its roots in the 78ourth Convention9 party prominent inthe %&' s. The party had successfully combined an emphasis onethnic recognition of Nepal5s marginalised identities, armed struggle,area domination, creation of base areas and Nepali nationalism toemerge as a leading political actor in the 0 s. )n the areas wherethe !aoists were strong, they en6oyed a 7multi-class9 support basethat included support from the petty bourgeoisie, middle classesbeyond the landless peasants and :ana6atis.


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.thers in the .utstream $ The !adhesi parties which included the more upper caste landed

gentry based Terai !adhesi #o*tantri* Party and the newly formed!adhesi :anadhi*ar 8orum (with a generic /C base$ whicharticulated the demand for a new autonomous province within theTerai region called the 7!adhes9.

These parties had grown in significance following a series of socialupsurges that coincided with the demand for C elections and thepeace process beginning from 0 1.

;ssentially led by landed sections, the bureaucratic elite and themiddle classes of the Terai region, the !adhesi parties had also beenradicalised by !aoist support for the demand of ethnically determinedfederal restructuring of Nepal.


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.ther &olitical Actors

The /ndian Establishment $ /ncludes the security establishment, the external affairs

ministry *and the embassy+ apart from some politicalactors)

/ntrusi#e, #ery in#ol#ed in Nepal oti#ated by t o contradictory impulses %o#erned by geopolitical impulses0 treating Nepal as an

outpost of /ndian security) This determined /ndian outloo(

to ard aoist insurgency and support for the 1t in pillars2of constitutional monarchy 3 parliamentary democracy .ther impulse (een on regaining an in#ol#ed nature of

inter#ention in Nepal and therefore cognisant of democraticNepali public opinion)


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.ther /nternational Actors

The "S Embassy played a ma4or role in arming and guiding thethe Nepali Congress go#ernment led by Sher 5ahadur 6eubaand later the monarchy to ta(e puniti#e action against theaoists) This as in line ith their 1anti$terrorism2 andgeneral intolerance to ards radical leftism post 78998 ;;9)

Chinese foreign policy in Nepal has generally confined itself tosecurity interests related to Tibet) %eopolitical competition ith /ndia another minor aspect of Chinese policy as Chinaalso supplied monarchy ith military aid during its absolute

rule).ther estern Actors ! est European and northernEuropean donor communities hich ere acti#ely in#ol#ed inaid, de#elopmental pro4ects and also in the democratisationprocess post ;;9)


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The &eace &rocess

assi#e street protests follo ing %yanendra's dismissal of elected go#ernment anddissolution of &arliament in .ctober ;; signal unpopularity ith the ne monarch)

6ifferences bet een the &alace and the mainstream polity emerge as follo ing failures inrealising ceasefire agreement ith aoists0 the palace again dismiss an appointedgo#ernment in ;;


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Concurrent Agitations

Follo ing the C&A, protests emerged in the Terai region asdemand for comprehensi#e federalism emerged see(ing tointegrate this into the interim constitution

adhesi parties emerge as ma4or players in the Terai , and soon ith the help of an intrusi#e /ndian establishment placefederalism s uarely in the political map of Nepal along ith thepeace process and demand for a republic)

Accord signed bet een interim go#ernment and adhesi parties*bro(ered by /ndian establishment+ that agrees to or( out an

autonomous adhesi pro#ince, group entry of adhesis into theNepalese Army among others) /t is clear that /ndian establishmenthas used the adhesi concerns to build a counter eight togro ing aoist influence in Nepal)

%& @oirala go#ernment also grants long pending citiBenship rights

to la(hs of Terai d ellers)


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aoist 6ynamics

aoist participation in peace process and ceasefire not ithout intense ideological debate ithin)

The origin of the CA demand as in 97=; hich coincided ith the demise of -anacratic rule inNepal) The demand as re#i#ed in the ?an Andolan / in 977; by the aoists and other leftradical parties) Follo ing a disaffection ith the constituional monarchic system in the mid977;s, the aoists embar(ed upon hat they called, 1the &eoples' ar2 promising a popularlyelected CA if they on the ar)

Follo ing the assassination of 5irendra, t o opinions emerge ithin the aoist party ! one,identified ith #ice$chairman 5aburam 5hattarai ho see(s engagement ith democratic polityagainst the ne monarch seiBing on general displeasure among Nepali public ith turn of e#entsincluding the royal massacre) Tactic 4ustified on the reasoning that the aoists ha#e not crossedthe state of 1strategic balance2 #is$a$#is its armed struggle against the Nepali state)

.ther opinion see(s to enable the aoists to remain in touch ith the Nepali monarchy to

isolate the mainstream political parties) After a period of #acillation, the aoists come around to5hattarai's #ie s and press on to the peace process, including tal(s ith /ndian establishment)

A plenary$li(e meeting in ;;= *notably, hardline aoist leaders ohan 5aidya 1@iran2 and C&%a4urel are unable to participate as they are imprisoned in /ndia+ see(s to re#isit aoistunderstanding of democracy and socialism) "rges, engagement in democratic process tocomplete the transformation of Nepal into a Constitutional 3 Federal -epublic) Sets the stage forcooperation ith the Se#en &arty Alliance)


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CA Elections

Elections to the CA held in ay ;; after aoistscommit to barrac(ing their army under "Nsuper#ision *the aegis of the "N onitoring ission+)

aoists emerge as the single largest party, to thesurprise of many ! including /ndian establishment ! but do not get an absolute ma4ority in the D;member CA) NC, " > and the adhesi ?anadhi(arForum emerge as nd, rd and


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&ost$CA &olitical 6ynamics

Challenges to the CA &rocess $ "nresol#ed issues in the completion of the &eace &rocess !

/ntegration8-ehabilitation of the aoist &>A cadre into the Nepali Army8else here)

-esistance of the Nepali deep state ! the army and bureaucracy to change)The Nepali Army in particular as strongly opposed, firstly to integrationof aoist combatants0 and later, to 1unit$ ise integration2 and as alsoa#erse to mo#es by aoist leaders in go#ernment to effect 1ci#iliancontrol2 o#er army apparatus)

ide and deep differences on State -estructuring bet een the Nepaliaoists and the adhesi parties0 Nepali aoists and the " >8Congress0adhesis and the " >8Congress)

6eep distrust among the /ndian establishment of the aoists) igh expectations of go#ernance among the public) /deally a national consensus go#ernment in po er0 CA processes

deliberated independently of go#ernance)


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CA &rocesses $ Successes

Almost unanimously, the CA declares Nepal as a-epublic in the #ery first sitting of the Assembly,thereby extinguishing =; year old monarchy) Clearconsensus that monarchy is the fountainhead of a

feudal order that has no place in 1naya Nepal2) Se#eral thematic committees set up across party

lines in the CA to deliberate on core issues ! staterestructuring, 1go#ernance structure2, regime ofrights, directi#e principles) A thoroughly socialdemocratic, elfare oriented Constitution is poisedto be ritten as thematic committees agree uponcontours of such a Constitution)


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CA &rocesses $ assles

6espite CA procedural or( continuing apace, noagreement is reached on peace process, staterestructuring and go#ernance structure) 6ifferentabound bet een aoists and mainstream parties)

6ifferences exacerbated by lac( of consensus informing national go#ernment after CA formation) Firstgo#ernment ! a coalition that excludes the NC and isled by the aoists) First fissure post beginning of peace

process) aoist attempt at imposing 1ci#ilian control2 by

remo#ing army chief ahead of tenure brings about a bac(lash, forcing aoist prime minister &rachanda to

resign)


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CA &rocesses ! ore assles

Alarmed at attempts by aoists to change deep state, /ndianestablishment inter#enes and succeeds in micromanaging politicalsituation to isolate the aoists in the political spectrum)

Second go#ernment formed in ;;7, led by the " > and ith the NCas coalition partner) adhesi parties split and the 1federal2 alliance is

bro(en) &eace process falters as 1isolated2 aoists resort to streetagitations) -adical dogmatic sections among aoists assert their belief that

gi#ing up on people's ar as pre$mature) Articulate the need for anurban insurrection through gradual street protests in ay ;;7)

Attempts to foment an insurrection fail, as urban response islu(e arm and e#en hostile to aoist maneu#er) aoists change tac(, attempt to utilise differences ithin " >, to

launch bid to ta(e on go#ernment again) -epeated and farcicalparliamentary #oting on & elections pre#ent aoists from getting to

po er)


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CA &rocesses ! ore assles

A third iteration of a go#ernment finally formed in ;9; ithanother " > leader ?halanath @hanal ta(ing o#er reins ithaoist support) Expectations of a 1left alliance2 completing thepeace process belied, as aoists insist on controlling po er)

/nternal differences among aoists see a realignment ith1reformist2 5hattarai 4oining hands ith 1radical2 ohan5aidya to reduce po er of chairman &rachanda) This pa#es ay for a ne alliance bet een adhesis and aoists as thedeadloc( o#er 1state restructuring2 is sought to be bro(en)

/ndian establishment again ta(es a hands$off role, noting thestasis that has set in the Constitution riting process andgenerally supporting the dri#e for state$restructuring) They donot discourage the adhesi$ aoist alliance as it comes topo er in ;99)


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CA &rocesses ! Final &ush

Final iteration of aoist$ adhesi go#ernment led prime minister 5aburam5hattarai finally manages to stitch up an accord ith NC 3 " > to concludepeace process, hich facilitates integration of a number of aoist combatants,some ta(ing up #oluntary retirement and some pursuing rehabilitation)

&ee#ed by concerns o#er concessions by the aoists to the mainstream parties! the lac( of implementation of other steps in the C&A such as land reforms,disbanding of the &>A among others ! the radical section among the aoistssplit a ay and form a brea(a ay party ! the C&N* aoist+ hich pledges re$orientation to radical aoism, but does not ta(e any step to ards insurgencyne#ertheless)

Still no accord on state restructuring as NC 3 " > resist restructuring on1identity2 basis, un illing to gi#e up on hill elite consensus)

/nability to complete accord on 1state restructuring2 and 1go#ernancestructure2 results in dissolution of CA in ;9 as fresh elections are called) /tta(es nearly a year and a half for elections to be held, as masses are thoroughlydisenchanted ith the political processes as they ent about in the CA)


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6eal 5rea(ers in the CA &rocess

State -estructuring: aoists ere most committed to the state restructuring issue) 6ue to deep

centralisation of po er, resources to a limited set of communities ! the5ahun, Chhattri, Tha(uri, Sanyasi castes in particular ! there has beenhistorical resentment among 14ana4ati2 communities in estern Nepal, otherminorities in the east and the south$ est and particularly among plain$d ellers, the adhesis against hat is percei#ed as 1hill domination2)

aoists had, during the &eoples' ar combined the politics of redistributionand creating alternate structures of po er ith that of 1identity recognition2$ enabling 1autonomous nationality Bones2 in areas of their influence)

They had to a great extent managed to successfully combine radical politics

of creating and maintaining base areas ith parallel go#ernance structures ith identity recognition) This as most successful in the mid$ est hillyareas, here the Nepali state had little control) They ere unsuccessful in theTerai because of their inability to use the terrain for guerilla arfare to alarge extent, despite forming marginalised identity recognition groups in theTerai)


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State -estructuring: *contd+ The aoists had also managed to garner support from other

historically marginalised communities such as the 6alits throughtheir support for direct affirmati#e action and anti$casteistmobilisations during the peoples' ar period)

/n line ith their positions on identity recognition, the aoistshad prepared a 9 state model for the ne federal republic ofNepal hich included multiple federations ithin the Terai apartfrom dominant identity based federations else here)

/n contrast, the adhesi parties had the demand for a single1 adhes2 state bringing them at loggerheads ith the aoists) The NC and the " > largely #accilated on the state$restructuring

issue, ith the former adamant on a geography based federalsystem and the latter non$commital)


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State -estructuring: *contd+ T o committees on State -estructuring including most parties,

came up ith a state model and a 9; state model after a lot ofcompromise, but ithout the NC appro#al for such a culmination)

6espite completion of the peace process, the NC and " > dissenton state restructuring resulted in no accord and the failure of theCA process)

%o#ernance Structure

The aoists preferred a &residential System ith a directlyelected &resident and an elected &arliament) This as in line iththeir thin(ing about Nepal ha#ing a 1strong centre$strongfederation2 model ith the &resident being representati#e of thecentre and the federations ha#ing a high le#el of pro#incialpo ers)


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The &atronage System The other deal brea(er in the CA process as the constant 4ostling for

po er among the political parties) 5eing in po er in go#ernment asopposed to sharing one in a national consensus go#ernment as a pre$re uisite as 1patronage2 as an important form of attaining support

and legitimacy) Constant machinations to hold on to po er or see(ing to o#erthro

#arious iterations of go#ernment ere a conse uence of Nepal'sstanding as a poor underde#eloped country hich had a ea( state and hich has been dependent hea#ily on external aid by both non$go#ernment as ell as state sources)

The aoists in particular did not delineate themsel#es from the NC 3" > hich had already had an image of 1patronage dispensing2machine parties during the 977;s) The aoists had also disbandedtheir alternate structures of go#ernance in the areas of their influenceand had also abandoned radical measures such as land reforms in

order to complete the peace process)


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>eftist disunity ithin the aoists, the ideological struggle bet een the

dogmatist and the establishment sections hurt the CA process as ell) The dogmatist faction re4ected any compromise by theaoists to (eep the peace process going, hile the establishmentfaction as unable to implement radical measures hile in po eror outside it)

The age old ideological debate on 1nationalism2 #s 1democracy2 as resurrected ithin the aoist inner party struggle) The1dogmatist2 faction resented any measure by the aoists toengage ith the /ndian establishment for the completion of thepeace process, suggesting that this amounted to a compromise onthe aoist #ision of nationalism that sa the /ndian neighbour to be an expansionist po er)


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>eftist disunity *contd+ 5et een the " > and the aoists, there as no possibility of an

ideological alliance) The " > ! ith its presence in the urbanunions and the state structure ! as loath to gi#e up primacy asthe 1left2 party to the aoists, hile the aoists ere unable tostitch any or(ing alliance ith the " >)

The diametrically opposite #ie s on state restructuring among theaoists and the " > also pre#ented any ideological alliance

bet een them)

Thus despite massi#e consensus on the 1regime of rights2,fundamental freedoms, progressi#e legislations *gay rights,affirmati#e action etc+, the " > and the aoists ere unable toha#e a or(ing alliance)


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The CA &rocess in Sum

The CA process has been an uni ue experiment in Asia tocreate a Constitution through uni#ersal adult franchise and apopular elected Constituent Assembly)

hile this as indeed laudable and a practicable maneu#erin a largely di#ided and une ual society ith historical baggage of deep ine uities0 the political actors ere o#er$ambitious)

They tried to combine a peace process that follo ed a decade

long ci#il ar ith a CA riting process and set a difficultdeadline of years, only to postpone it t ice by a year each)

Combined ith the fact that getting to positions of po er asseen as imperati#e in a patronage system, the CA process as

ine#itably held hostage by unrelated political issues)


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The CA &rocess in Sum

The mechanisms e#ol#ed by the Nepali polity inorder to resol#e political differences ere throughthe in#ol#ement of the leaders of the four main

political outfits) The lac( of in#ol#ement of these leaders in

Constitution$ma(ing and instead in constant po erplay led to a process o#er and abo#e the CA process

and resulting in the inability to reach a consensus)


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The CA process in sum $ //

6ogmatic opinion among 1classical aoists2 especiallythe /ndian aoists has been that their Nepali1counterparts2 ere mista(en to embar( upon the CAprocess)

Contrary to that opinion, the aoists ere able to brea(through ith poc(ets of support beyond theirstrongholds in remote parts of Nepal)

6espite its identitarian basis and not ha#ing a 1pure2class orientation, the 1state restructuring2 issuecoincided ith a social upsurge against centralisation inNepal) /f the aoists had not engaged ith it, it couldha#e led to fissiparous tendencies, hich has nothappened)


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The CA &rocess in Sum $ ///

>i(e in >atin America, the experience of engaging in aConstitutional process has only strengthened the leftistforces) The aoists ha#e a#o ed to ta(e up as theirne eapons of creating a socialist Nepal ! as the1street2, the 1san#idan2 *Constitution+ and the state, asopposed to the classical eapons of the &>A, the"nited Front and the party)

/f the aoists resisted succumbing to the patronagesystem and retain emphasis on rebuilding theiralternate structures that altered po er relations inrural areas, emphasised manual labour, built modelcommunes and alternate education centres0 they ouldha#e possibly retained their popular support)


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Theoretical /nsights $ /

Nepal's experiment ith directly and popularly elected constituent assembly born out of a conflict situation is relati#ely uni ue) .nly Namibia in the late97 ;s after /ndependence and Nicaragua in 97 < are comparable examples)

The con#ening of a constituent assembly to resol#e a political conflict thatturns a state asunder, has been theoretically agreed upon as the most effecti#emethod to establish 1ne state legitimacy2)

6irect elections ! in Nepal's case, a part F&T&, part &- elections ! itho nership shared among a number of political actors has been recognised byconstitutional experts li(e Gash %hai as an effecti#e ay of assuringConstitutional legitimacy)

.ther examples such as /ra *ethnic domination of one sect+, East Timor*domination of one party+ pro#ide a more ma4oritarian example as comparedto Nepal hich has had a shared political o nership follo ing both CA$9 andCA$ elections)

That said, the ambitious combining of a peace process along ith Constitution riting, ith a #ery tight deadline, suggests the ea(nesses of the Nepalmodel)


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Constitutionalism, >iberalism and arxism

Classical arxist criti ue of liberal democracy: >iberal democracy on the basis of an o#erlapping consensus for constitutionalism

and separation of po ers including an independent 4udiciary, rule of la , a systemof political representation, enforceable ci#il liberties to secure the liberties ofindi#iduals and minority groups is often lin(ed ith a particular social structure

*bourgeois society+, economic organisation *a free mar(et economy+,epistemological stance *s(epticism+ and philosophy of the person *moralautonomy+)

arxist 16emocratic /deal2 on the other hand aspires aspires for a political systemand a ider society organised on the basis of certain (ey principles of popularso#ereignty, freedom as autonomy or self$direction, and e uality)

There is deep s(epticism therefore for 1>iberal 6emocracy2 among arxists The counter to 1liberal democracy2 $ an one party ruled state under arxist

dictatorship on the other hand has pro#en to be a failed model that has lostlegitimacy follo ing the collapse of the So#iet "nion) Extant models in China ha#eonly retained earlier political structure hile embar(ing upon 1Capitalism ithChinese characteristics2 in practice)


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Constitutionalism, >iberalism and arxism

-ather than narro ly loo(ing at Constitutional democracyas a stage to ard 1Socialism2, the tas( of 1democratisation2through a popular constituent assembly, establishment of aregime of rights and imperati#es for a elfarist state

should re$en#ision the pro4ect of building socialism as oneof 1transcending capitalism2)

That en#isages an engagement ith liberal democraticinstitutions and radicalising them from ithin) -ather than

a re4ection of the features of constitutional democracy) This is a lesson that has been most exemplified by the

experiments in >atin America, as to hat is termed as1Socialism in the 9 st century2)


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