NACSS
N E P A L – A S I A   C E N T E R   F o r   S T R A T E G I C   S T U D I E S

Date: January 12. 2009

PRESS RELEASE:

Nepal Asia Center for Strategic Studies (NACSS) has noted the up-scaled infringement of people's mandate in the constitution building process of Nepal. The governing body and political parties are growingly unsuccessful on fulfilling people’s desire and expectations. Yet, the people are hoping the constitution building process will take the right direction. Recent appointment of former UML General Secretary Madhav Kumar Nepal to head the powerful Constitutional Committee (CC) of the Constituent Assembly (CA) from the back door despite his defeat in the elections from multiple constituencies and complete rejection of his candidacy by the people as a future CA member, is a matter of total disregard and disrespect of people's mandate and wishes.  It is nothing less than a shameful act of party politics as in “You scratch my back and I will scratch yours”. Initiated mainly by the Maoists, who proposed it, Nepali Congress, who supported it, UML who acted upon it without proper deliberation, and others who did not oppose it, is matter of great concern to the people. This hurried appointment and oath taking of the office, preceded by the forced resignation of a CA member Sushil Chandra Amatya has revealed that existing leadership in Nepal is diverting away from the promises they have made to offer a new constitution with inclusive participation of the multi-ethnic Nepal. The appointment has blemished the democratic process of framing the new constitution from the Constituent Assembly of representatives with a clear popular mandate and from proportional representation system of the historic CA election.  This appointment is regretful as it in contrary to people's decision of barring Mr. Nepal from the Constitution Assembly.

NACSS is gravely concerned on the forced resignation of Sushil Chandra Amatya, whose absence lowers the already poor representation of the ethnic community mix in the Constitutional Assembly. Moreover, there is no constitutional provision to force a CA member to resign involuntarily unless and until s/he has been convicted of illegal activities. NACSS demands full explanation of the resignation process in such cases and immediate correction of the mistakes committed by the political parties.

 It is also NACSS understanding that this appointment is already tainted with unfair, undemocratic and irresponsible practices, and there is no ground for the people to believe that it has not happened earlier, and will not happen in the future. NACSS demands transparency of the appointment process in such important committees and advise the leaders of the political parties involved to come clean with a proper and truthful explanation. They should promise and re-assure the people that such mistakes will not happen again, and the people practicing such anomalies will be properly dealt with under the proper, democratic and common sense law so that the trust of the people, on the process, can be restored.

NACSS

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