[The Constituent Assembly (CA) was, as per the interim constitution drawn, entrusted to draw up the constitution by May 28. And any constitution is to be approved by two-third majority of the CA. That calls for consensus amongst the major parties. The UCPN(M) alone occupies 40% of the seats. So no constitution can be approved without taking it on board. Similarly, if the term of the present CA is to be extended amending the interim constitution, that would also call for approval by two-third majority of the CA, by May 28. That'd also thereby require the endorsement by the UCPN(M). The failure to achieve either would obviously lead to a constitutional crisis. Presidential rule could emerge as an option. But given the not too significant status of the incumbent President that may be difficult. And, even in such an event, the issue of drawing up the constitution would remain. The other solution could be to deem the interim constitution, with necessary minor changes, as the working constitution till the Parliament draws up another or modifies this. Such a move could gain legitimacy if the issue is referred to the Supreme Court, in the event of an originally unforeseen constitutional crisis, and endorsed by it in view of the extraordinary circumstances and constitutional vacuum.]
I/V. http://www.nepalnews.com/main/index.php/news-archive/1-top-story/5990-pm-says-govt-will-soon-table-proposal-for-constitution-amendment-in-order-to-extend-ca-term.html <http://www.nepalnews.com/main/index.php/news-archive/1-top-story/5990-pm-says-govt-will-soon-table-proposal-for-constitution-amendment-in-order-to-extend-ca-term.html>PM says govt will soon table proposal for constitution amendment in order to extend CA termTuesday, 11 May 2010 19:29 Prime Minister Madhav Kumar Nepal called on President Dr Ram Baran Yadav at the latter's office, Shital Niwas, Tuesday evening, and discussed the country's current political scenario, especially the preparations for extending the term of the Constituent Assembly (CA). During the hour-long meeting that started from 5 pm, PM Nepal informed the President about his political consultations for extending the CA's term, saying that issuing the constitution within the prescribed time (May 28) is not possible. "People elected the CA to write the constitution," PM Nepal's pressadvisor Bishnu Rijal quoted him as him as saying, "I've started consultations with the parties for extending the tenure of CA." He also said the government would soon table a proposal in the parliament for amendment in the Interim Constitution. CA's term cannot be passed if the Maoists do not support it. The Interim Constitution needs to be amended to extend the CA's term. A two-thirds majority is required to amend the constitution and a two-thirds majority is not possible without the support of the Maoists, who have already said they are against extending the CA's term under the current government. II. http://www.nepalnews.com/main/index.php/news-archive/2-political/5991-uml-reiterates-conditions-for-pms-resignation-.html UML reiterates conditions for PM's resignationTuesday, 11 May 2010 20:05 CPN (UML) has reiterated transformation of Unified CPN (Maoist) to a 'citizen party' as a necessary condition for the PM's resignation saying the solution to all issues pertaining to the present deadlock should be addressed through a package deal. A standing committee meeting of the party on Tuesday decided to continue dialogues with other parties to seek solution on all contentious issues in a package. UML general secretary Ishwar Pokhrel told reporters after the meeting, the ongoing political crisis should be defused by forging a package deal that includes integration and rehabilitation of Maoist combatants, return of properties seized during conflict, dissolving the paramilitary structure of Maoist youth wing YCL, new constitution and extension of the CA's term and formation of national unity government. Meanwhile, the issue of memorandum submitted by party vice-chairman Bam Dev Gautam to party chairman Jhala Nath Khanal also surfaced in the standing committee meeting. Gautam furnished an explanation to the disciplinary committee on his memorandum. The party has called its central committee meeting on May 15 and 16. III. http://www.nepalnews.com/main/index.php/news-archive/2-political/5987-no-alternative-to-dahal-as-prime-ministerial-candidate.html 'No alternative to Dahal as prime ministerial candidate'Tuesday, 11 May 2010 17:10 Unified CPN (Maoist) secretary Posta Bahadur Bogati has said his party has not proposed an alternative candidate for prime minister if a new national unity government is formed. Bogati refuted media reports that the party's standing committee meeting on Monday decided to remain open for an alternative to party chairman Pushpa Kamal Dahal as prime ministerial candidate if a new government is formed under Maoist leadership. Speaking at an interaction in Kathmandu on Tuesday, he said the new national unity government will be led none other than chairman Dahal. Others parties are trying to play against his party interests, he added. It was reported that UCPN (Maoist) standing committee, with Dahal proposing, on Monday had agreed for alternative to party chairman as the candidate of prime minister. Other parties have been insisting that political consensus will be reached at a shorter time if the UCPN (Maoist) proposes other than Dahal for the PM's post. IV. http://www.ekantipur.com/the-kathmandu-post/2010/05/10/top-story/ten-parties-want-pm-to-go/208115/ Ten parties want PM to go KAMAL DEV BHATTARAI KATHMANDU, MAY 10 - The UCPN (Maoist) on Monday decided to form an alliance with political parties committed to national independence, secularism and a federal democratic constitution. Also on Monday, a meeting of 10 political parties represented in the Constituent Assembly, including the Maoists, demanded the resignation of Prime Minister Madhav Kumar Nepal “to pave way for national consensus and a national unity government to guarantee peace and constitution.” “We will develop an alliance for the long run with a common minimum programme of peace, constitution and other vital issues of the nation,” Maoist Chairman Pushpa Kamal Dahal told reporters after a Standing Committee (SC) meeting of the party. The meeting of the Maoist party and the Madhesi Janadhikar Forum, CPN (Unified), Nepal Sadbhawana party, Nepali Janata Dal, Rastriya Mukti Party, Nepal Rastriya Party, Federal Democratic National Forum, Chure Bhawar Ekata Party, Dalit Janajati Party jointly decided that the prime minister’s resignation was their first condition to create an environment conducive to national consensus. Dahal said the joint meeting was a good beginning towards forming the alliance that they have dreamed of. However, he said that the alliance was not aimed at toppling the government and forming another one. “We have concluded that prime minister Nepal should immediately step down to ensure peace and constitution,” he said. Meanwhile, Prime Minister Nepal on Monday said cantonments should be vacated and the paramilitary structure of the Young Communist League should be dismantled to make way for consensus. Responding to Nepal’s remark, Dahal said, “The prime minister’s remark is dangerous, while he wants confrontation rather than consensus.” Dahal added that they have no plans to register a no-confidence motion against the incumbent government. “However, the government does not enjoy a majority in the House and the prime minister should resign on moral grounds.” However, a Maoist source said on Monday that the 10 parties discussed preparations of a no-confidence motion. Dahal said they will not hold talks with the government but with the political parties. After Monday’s meeting, MJF Chairman Upendra Yadav said, “Some forces are conspiring against federalism, democracy and secularism. We have stood together to foil that conspiracy.” In the meeting, the leaders also discussed an alternative to Dahal if the possibility of formation of a new government under the Maoist leaders is seen, a Standing Committee leader said, requesting anonymity. V. http://www.ekantipur.com/the-kathmandu-post/2010/05/10/nation/parties-enmeshed-in-age-old-game-of-chicken-and-egg/208122/ Parties enmeshed in age-old game of chicken-and-egg - Integration & Rehab of Combatants-1 PHANINDRA DAHAL KATHMANDU, MAY 10 - Nearly four years after the commencement of the peace process, the political parties have started serious discussions on the integration and rehabilitation of Maoist combatants, though the issue is now intricately linked with government formation. The initiatives come as political and constitutional crises loom large with deepening distrust among parties and uncertainty over the future of the CA and drafting of the new constitution by the May 28 deadline. The ruling parties, mainly Nepali Congress (NC) and the CPN-UML, maintain that consensus over the modality and number of combatants to be integrated in the security agencies is a must for the “package deal” that will avert the current crisis. However, the main opposition and the ruling parties don’t see eye to eye on the latter’s position. “We want the numbers of combatants to be integrated in the Army and other security agencies fixed as early as possible,” said NC leader and member of the Special Committee Ram Sharan Mahat. “Transformation of the Maoists into a civilian party will pave a way for the formation of national consensus government.” Maoist leaders, however, say progress on integration and rehabilitation can only be part of the larger deal, the so called package, and it is very much tied to the change in government. “We are ready to bring the combatants in the chain of command of the government (Special Committee for Supervision, Integration and Rehabilitation of Maoist combatants) if it can guarantee the formation of a national consensus government,” Chandra Prakash Khanal, the PLA Deputy Commander said. “We can also prepare options for those preferring to start civilian life and rehabilitation in society, on the condition that it ends the current stalemate.” Khanal maintains that the row over modality and number for integration can be resolved only by offering alternatives to each of the combatants living in the UNMIN-monitored cantonments. “If we fix a number without a field study it will be tough managing the situation and making a call on what should be done about the rest,” added Khanal. NC’s Mahat meanwhile argues that the combatants should be “regrouped” in three camps – those opting for a/ integration; b/ rehabilitation; c/ and those wanting to return to civilian life. “If that is not done now, there is a strong possibility that all combatants would choose the option of integration,” he said. In April, Prime Minister Madhav Kumar Nepal had proposed a one-month action plan aiming to start the integration and rehab process, with three alternatives – integration of 3,000 combatants; integration based on the one weapon-one soldier formula; and other “proper alternative” – which was not spelled out. But the action plan failed to make much headway as it was unveiled without the assent of the main opposition. The ruling parties now maintain that they are ready to revise the plan and sources in the main opposition indicate that they are ready to be “flexible” on numbers to allay NC-UML fears of en masse integration. A Maoist leader said if politics take “a positive turn”, there will be an agreement on integration of up to 7,000-8,000 combatants in the security agencies. “We are also ready to complete the process at least two months before the promulgation of the new constitution, provided that the other parties agree to take measures towards democratising the Nepal Army.” “It seems the Maoists want to move forward on integration, if their move can be instrumental to meet their goal of formation of new government,” said an analyst following the integration process. “They will demonstrate more flexibility if the issue comes as a component of the package deal – including those linked with the new constitution.” -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send an email to [email protected]. To unsubscribe from this group, send email to [email protected]. 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