For those of us who opposed the proposal of CJ-led government on the grounds of constitutional and political legitimacy, Khil Raj Regmi’s elevation to the post of interim election government head Friday came as an open defiance of constitutional and political logic. But things have taken a U turn in four days. As constitutional hurdles have been resolved, Regmi’s government has acquired a semblance of legitimacy. Thus, ruing over the past won’t help. The best thing to do will be to assess the possible challenges and ways to help Regmi’s cabinet accomplish the task he has been entrusted with.
Of course, Regmi’s government has not cheered anyone, not the least the cabinet members and political party leaders. The day he was swearing in, Regmi looked grave and uncertain. Nor did the leaders seem jubilant. They displayed defeated, crestfallen and remorseful countenance in front of the TV cameras. Moreover, the vast majority of 34 political parties, Nepal Bar Association, and legal eagles are divided over whether he should/will be able to do the politically mandated job. Will Regmi be able to prove his mettle amid such protests? We will have to wait for the next two months to see whether the ends will justify the means. But the days ahead seem both easy and hard: This government has to do virtually everything on its own, and virtually nothing. Here is how.[break]
The interim cabinet is a guided government. It will have to act as per the instructions and guidance from High Level Political Committee. The arrangement is such that the cabinet will have to share its achievements with HLPC, but shoulder the responsibility in case it fails. Going by the recent developments, holding polls in June does not seem to be very far off a prospect. Party leaders have upped the ante in order to face the polls. Constitutional hurdles have been cleared. We only need to appoint an election commissioner, train volunteers, and arrange for ballot papers in sufficient quantity. As for the parties, as political entities that have contested the polls about half a dozen times, they will find ways to manipulate voters anyway. Another benefit for CJ’s cabinet is that it can function relatively independently compared to previous governments, given its neutral character. It has the liberty to focus exclusively on polls. But here is the rub: Even if it is able to work against all odds, political leaders will seek to take credits. In other words, if the CJ’s government succeeds, HLPC will claim that it had mandated the government for the success. If it fails, the HLPC will claim it had been adequately empowered to do the job and that political leaders are not to blame. Perhaps this is the first government in history whose success will have to be attributed to political forces outside the government, but which will have to shoulder the blames and, perhaps, also explain the reasons for failure.
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What should the CJ’s government do then? The task is clearly cut out: Hold elections by June end. But the country does not need just any election, by hook or crook. It needs a free, fair, participatory and result oriented election. Therefore it is imperative to take all the forces into confidence and rejuvenate people’s mood for elections. The following things will be of paramount importance.
First, the CJ needs to immediately reach out to the agitating parties. If the large section of people affiliated with 34 agitating parties do not cooperate, or boycott the polls, the proposed polls could end up being no different than the botched municipal polls announced by former King Gyanendra in 2005. Failure to bring the agitating forces on board could pave the road to disaster. Back in 1994, when United People’s Front Nepal (then known as Samyukta Janamorcha Nepal) split into two, election commission did not recognize Baburam Bhattarai and Pushpa Kamal Dahal Prachanda’s Unity Center, leading them to boycott the polls and take up armed revolt. The rest, as we know, is history. Besides, it would be naïve to believe that Mohan Baidya and Ashok Rai are against polls. They know that without polls, their political relevance will end. Ideological differences apart, one of the reasons for their dissent is that they had been treated like pariahs by the four parties and the president. They were not taken on board at the negotiating table, and were neglected. This is why the CJ should expend his energy in taking them into confidence without any delay.
Second, entrenched criminalization of politics in the country is a tragic reality (See “The Dark Underbelly,” March 4). Politics has been virtually hijacked by underground elements, which the parties will try to cash in on during the polls. The new government needs to control this nexus, if not dismantle it altogether. There are positive signs in this direction though. New home minister Madhav Prasad Ghimire’s initiative to proceed the cases of money laundering against valley dons (which had been shelved under pressure from his predecessor Bijay Kumar Gachchadhar) is a case in point. If Ghimire can withstand the pressures (it is likely that the patrons of these dons will raise the issue with Ghimire) similar initiatives could be taken to ensure decriminalization of politics, one of the most essential preconditions for holding free and fair polls.
Third, the government will also have to address the problems of people’s livelihoods. Over the years, recurrent price rise and dismal service delivery from state institutions have deeply frustrated the people. It has robbed them of all joys and happiness. Amid this, the new polls have not excited the people. A little change in this regard can generate hope in general public and prepare them for polls mentally.
Finally, the biggest obstacle to interim government could come from the very sources which formed the government. In the first place, HLPC is not an inclusive body—it is the continuation of what the agitating parties have called “four-party syndicate.” The government needs to exert pressure on leaders of the four parties to make this body more inclusive by bringing in representatives from agitating groups. Chances are that HLPC will try to influence the government in all ways possible for political gains, so that the four party leaders can manipulate election outcomes. True, without HLPC’s cooperation, the government could be rendered toothless. But allowing it to meddle in excess will cripple the government even more. The government should be able to use HLPC as a facilitator, not a dictator.
If the new government becomes able to hold the polls, people will bless the cabinet members, if not they will accuse them of being mere puppets in the hands of political parties. In Franz Kafka’s The Trial (1925), protagonist Joseph K has to suffer a series of futile prosecution simply because he cannot prove his innocence. If the interim cabinet fails to accomplish the task, political parties and a large section of society will hold it culpable for its failure. Proving their innocence could be as hard for the cabinet members as for Joseph K. Let us hope the new members of the cabinet won’t have to face such situation.
mbpoudyal@yahoo.com
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