Two issues need real, and not cosmetic, attention. One is constitution-writing and the other is the amicable settlement of the future of Maoist combatants living in cantonments.
There never was any agreement about automatic or en masse integration. Hence, the oft-repeated chorus of ‘no integration’ by the Nepali Congress and ‘automatic and en masse integration by the Maoists have no legs to stand on.
Among the various disagreements between the political parties that have delayed the process of constitution-writing, the latest spoilers are the new proposals from political parties on already agreed and endorsed proposals.
Both the Unified Communist Party of Nepal (Maoist) and the Nepali Congress (NC) have put forth a new proposal on the shape and nature of federal legislature at the Committee on Determination of Parliament Structure. While the NC has suggested new numbers for both the Houses of the bicameral legislature, the Maoists now want a unicameral one. All the members in the committee, including those from these two parties, had agreed on two-tier parliament, with 151-member House of Representatives (Lower House) and a 51-member National Assembly (Upper House).
A similar act was witnessed regarding provincial (state) legislature.
Another serious matter is the Maoists’ insistence on appointing justices to the Supreme Court by parliament through a simple majority. This has been rejected, and rightly so, by other political parties. But the result is that the progress on the relevant section of the constitution has been affected due to this disagreement.
There are other examples pointed out by officials of the Constituent Assembly that are delaying the process.
These acts do not bode well for constitution-writing. An inclusive constitution is tantalizingly close to being realized. But fear, suspicion, mistrust, lack of foresightedness, absence of homework and greed for temporary gains have all combined to raise a cloud of uncertainty over the drafting of the new constitution.
The CA is still to discuss contentious issues like nature of federalism, state restructuring and distribution of natural resources in a federal state. All have potential to arouse angry passions and can derail the constitution-writing besides causing serious damage to the Nepali state. We haven’t even entered that territory. To say that time is running out is an understatement.
The other immediate topic of concern, and a very crucial one, is the future of Maoist combatants. They have been condemned to live in the cantonments since 2006. Of late, some of the leaders from the Big Three – UCPN (Maoist), the NC and the UML – have been making statements on integration and rehabilitation of the Maoist army personnel at will and contrary to facts and past agreements that they have reached.
It might be convenient for them to speak differently now but it will only add to complications and instead of helping resolve the problem, it will only lead to hardening of positions.
Some basic facts first. A number of Maoists combatants have to be taken into the Nepal Army. The Big Three agreed on this at the time of drafting the 12-point agreement in New Delhi in November 2005. I had spoken to leaders from these three parties who had helped draft that agreement and all had admitted that induction of Maoist combatants into the national army was agreed but they left the exact number for future discussion.
Another agreed fact is that each of the legitimate combatants would be asked his/her choice about their future course. This is logical as well as essential.
The Maoists insist that every single eligible (although this adjective itself is under cloud after the infamous Shaktikhor videotape) should be integrated into NA and as a separate unit. The Agreement on the Monitoring of Management of Arms and Armies (AMMAA) of December 2008 does not agree with this contention. ‘Only those Maoist army combatants who have been properly registered at cantonment sites will be eligible for possible integration into the security forces fulfilling the standard norms.’ (Emphasis mine) There never was any agreement about automatic or en masse integration. Also, combatants who want to join the Nepal Army have to meet its recruitment criteria. Hence, the oft-repeated chorus of ‘no integration’ by the Nepali Congress and ‘automatic and en masse integration by the Maoists have no legs to stand on.
The integration needs to be sped up as well. With the verification done, the Special Committee should now apply itself to integration and rehabilitation of the combatants as early as possible.
But can anything move ahead without unnecessary obstruction and delay. Once again, the NC and the Maoists are at odds. The integration cannot be rushed like the NC wants, neither can it be put on hold until the writing of the constitution as the Maoists prefer. The technical committee of experts under the Special Committee has to complete its task and, of course, the sooner it does the better. Some of the past agreements, including the 12-point understanding between the then Seven-Party Alliance and Maoists in November 2005, actually imply that the Maoist combatants cannot be in cantonments after the CA elections (held in April last year). Some of the Maoist leaders, including Mohan Baidya, CP Gajurel and Netra Bikram Chand had warned of not allowing CA elections if the integration did not happen first. Now the party is singing a different tune. Why? The presence of Maoist combatants in the cantonments is like the Damocles’ sword hanging over Maoist party opponents. So, it is a tempting weapon to have with oneself and the Maoists are exactly doing that.
But in the larger interest of the nation, they need to forsake it.
Abiding by past agreements – and there are many – will help resolve this contentious issue of integration and rehabilitation of Maoist army personnel.
damakant@myrepublica.com
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