Nepal Center for Contemporary Studies (NCCS) organized a seminar with the cooperation of Friedrich Ebert-Stiftung on "Parliamentary Democracy: Issues of Reducing Social Disparity" at the Hotel Orchid, Kathmandu, Nepal, on June 10, 2002.

Professor Lok Raj Baral, Executive Chairman of the NCCS, welccome the guests and highlighted the importance of the agenda of the seminar. Then the papers were presented by Dr. Seira Tamang and Professor Krishna Khanal and Dr Krishna Hachhethu on the topics of " Rethinking Participatory Democracy in Nepal: Enlarging the Public Sphere" & Present Political Crisis and Constitutional solution respectively. The two designated discussants were Prem Raj Goutam and Daman Nath Dhungana. Much time was also devoted to the floor discussion before closing the programme from the chair.

In this Workshop, more than sixty persons were academics, lawyers, political practitioners from different national parties and other fields.
During the seminar both resource persons and participants took part seriously in the discussion. Reresource persons expressed freely and frankly by presenting papers and discussion. Similarly, every participant presented her/his views questioning more about the subject matter from resource persons. Since it was a free and frank discussion on the current theme, most participants enjoyed the proceedings.

Lok Raj Baral

In the beginning , Prof Baral highlighted the basic aim of the center that aims at maintaining the standard of political science discipline and upgrading young social scientists, especially political scientists in Nepal in addition to do research on current issues in a multidisciplinary focus. He added that the seminar would focus on discussion on constitution, recent political crisis looking forward to the constitutional solution. What is the defect of constitution? What provision of the constitution should be changed? How can it be improved and how can we develop the participatory democracy from the bottom upward? For the last twelve years' of democratic exercises, political parties have not given any solution to the present crisis.

Seira Tamang

Seira Tamang stressed the need of rethinking on democracy that is currently in danger. She argued that the focus of political studies should shift from elite and political parties to reconceptualization of peoples' agency. Prithivi Narayan Shah unified Nepal geographically but people's unification has not yet been achieved. She also emphasized that enlarging the sphere for others by respecting and supporting their views on justice, ethics and rights, will enable the expansion of our collective public sphere, our rights , our democratic participatory potentials.

Krishna Khanal

Professor Krishna Khanal presented a joint paper stating that the constitution of 1990 has an output of the situational contract of the three powers (the King, the NC and the United Left Front). The problem also emerged along with the constitution making process, because the King and Samyukta Baam Morcha (ULF) were not fully satisfied. So all powers feared each other and played role and treated differently on the basis of personal relation and interest than as political participants. He emphasized it on the basis of the theory of ambiguity. The preventive power of the king (mobilization of army, dissolution of House of Representatives, nomination of member of upper house etc) can be used as a weapon through which other aspects and areas can face problems under the sphere of the palace. Article 35(2) of the constitution might be in crisis. In the presentation, Khanal had suggested the political solution of the present crisis, which can be managed by making the constitution reform as a common agenda for all. It can also include the Maoists in the process.

Prem Raj Goutam

Prem Raj Goutam commented on Tamang's paper and said that politics in terms of state and its relationship to the people is elite-focused. He added that by definition democracy is participatory. All members of communities must be included in the system, which should be assured through regular election process. He maintained that through strengthening local government institution, the excluded citizens can enlarge their space in political, economic and social areas.

Daman Nath Dhungana

Daman Nath Dhungana,the former speaker of the House of Representatives, commented on the three papers of Krishna Khanal & Hachhathu and Tamang by highlighting the contemporary issues. Dhungana concluded that democracy might turn into Army rule as t only structural changes took place, but not change in elite behaviour and attitude. Now Nepal is like a battlefield of two forces- the Maoists and Anti -Maoists are at war internally. Externally, other powers are supporting the government against the Maoists. He suggested some solutions that may be an alternative to either constitutional amendment, or to the constitutional assembly as demanded by the Maoist and civil society.
All participants expressed their dissatisfaction with the role and activities of political parties, leaders, government, parliament, court and monarchy during twelve years of parliamentary democratic exercise. According to them, present crisis of the country is the byproduct of leader's role and activities.

Shailendra Kumar Upadhyaya

According to Shailendra Kumar Upadhyaya, lack of seriousness & good strategy of Government, unclear vision of both Maoist & Prime Minister about dialogue, political instability precipitated by coalition period has created the crisis. So constitution assembly and dialogue are only the alternative solutions.

Jhalanath Khanal

Jhalanath Khanal of the CPN-UML said that constitutional provision has not been able to solve the present problems. Due to leadership crisis, inability to the constitutional provisions, lack of self-criticism of political practitioners and lack of sacrifice for the organization, the present crisis situation is created. If we do not take common agenda through constitutional amendment or proper utilization of present provision of constitution & laws for social justice & inclusive participation, there may not be any alternative to overcoming people's trust in democracy. In the present context, only by forming a new government through fair & free election or by the restoration of House of Representatives by the Supreme Court, the situation can be improved.

Rosan Karki

Rosan Karki of the Rastiya Prajatantra Party expressed the view that the dissolution of House of Representatives is another unsuccessful story of the NC. She questioned the midterm general election from Maoist point of view. It is uncertain whether or not they would participate in the general election. If yes, they are declared terrorist by the government, how can they participant? If not, how can there be election?

Laxman Ghimire (NC)

Laxman Ghimire of the NC said that after Dunai and Holary cases, it has been realized for the expansion of the role of Cabinet especially of Prime Minister. There must be amendment of the constitution. But making Sher Bahadur Deuba an actor by unseen and hidden powers who are playing mysterious roles, who can't see and tolerate strong parliament, such a mess has been created. So we should understand it. It means the declared election can't be held freely and fairly. The assertion that there should be election by all means or "anyhow" is an irresponsible expression in the democratic system. If it is done accordingly, there will be yet another Musharraf style election as in Pakistan.

Purna Man Shakya

Supporting the view of Ghimire, Purna Man Shakya said that Deuba should have declared in the parliament before the dissolution of HR that if emergency proposal could not be passed by the parliament, he could dissolve it and go for people's mandate. Constitutionally, there is no provision for election on the basis of emergency, nor there can be democratic legitimacy. Emergency should be lifted for insuring rights and freedoms.

Bijul Bishwakarma

Member of National Assembly, Bijul Bishwakarma (NC) forcefully presented his views that leaders spent little time for national developmental activities and most of the time they spent gaining post and power. Some of the communities are not participated/represented in various sector & organizations. None of the Dalit can get political and constitutional appointment, administrative posts in local bodies, House of Representatives, cabinet, central committees of national parties etc. He also questioned" Are not the Dalits Nepali?" Such condition was not during the Panchayet System, which is assailed as black regime. That's why leaders image is tarnished day by day. They are loosing people's faith and trust. People have become passive with political parties and leaders because of the increasing poverty and depression, decreasing opportunities made available by the system. The slogan of equality, equity and social justice of the Maoists have convinced the people. So the Maoist also have increased their position The elected government and democratic system are becoming weak day by day. Why the palace was opened at night before the announcement of the dissolution of the House of Representatives. The army was mobilized on personal basis, but not on the basis of the system. So the lovers of democracy and multiparty system should be aware, thoughtful and sensitive.

Til Bikram Nembang (A poet)

Til Bikram Nembasng focused on backward communities -Dalit, minorities and said that 2000 years ago also we were Nepali, but today also I am in the process of becoming a Nepali. There is a special constitutional provision to make law for upliftment of backward communities, ethnic groups, dalits, weaker sections and women but no one has taken the lead. A person, who has not participated in the election, has no meaning of election to him. Just representation is a necessity in the development of democracy. So social disparities should be eliminated. All castes, languages, religions, sex must be included in the mainstream of development and try to practice strongly. That's why, counseling among and between academics and political parties is essential for searching an alternative to the solution of the present crisis either by amending the constitution or by forming a constituent assembly

Ramesh Shrestha

Ramesh Shrestha questioned that only 10% out of 36% ethnic groups is represented in Nepal. Can democracy be institutionalized on the basis of reservation policy as being prevalent in India?

Satya Narayan Kalika

Satya Narayan Kalika questioned the very nature of democratic process because of short shrift paid to it by the politicians thus giving the rise to the feeling of "country is mine, but not the state.

Bishnu Pratap Shah

Bishnu Pratap Shaha, the ex-Chief Election Commissioner, expressed his experience that there is misuse of Home and Finance Ministries by big parties. It is basic norm that any government will hold election freely and fairly. Making all parties' government alone will not insure good election. Voters must be empowered and aware of their civil rights and duties-They must distinguish between what is right or what is wrong. The Election Commission can't stop the hidden corruption of money and muscle power, threats & fear etc. Legally, they never go outside the minimum criteria fixed by the Election Commission. He added that every institution is running without system. As a Chief Election Commissioner, he had to know over radio about the declaration of elections. He suggested that before the declaration of election, government must know the situation of the Election Commission.

Bishwa Kant Mainali (Advocate)

Bishwa Kant Mainali said that the constitution is not needed to terrorists. It is only for innocent and honest citizen. So the parliament should be restored for the awakening of people.

Mrigendra Karki

Mrigendra Karki presentd his experience of the NC for making the party as the battlefield of power seekers. Evaluation system in the party is not approperiate. Party is being handed over to power seekers and brokers. That is why the party is divided into groups.

Ganesh Aryal
Ganesh Aryal questioned the making of unsuccessful constitution or the constitution is making us unsuccessful. It is created by non-responsible activities of political parties and leaders. If there can't be election, there will be constitutional crisis. The civil society should draw the attention of the Supreme Court.

Chakra Bastola

Chakra Bastola, a former minister, commented on papers that highlight on present domestic crisis and democratic issues. The present subject matter of the debate is expansion and contraction of democracy. Now, it is globally defined that everything is an output of socio-anthropological development. The Maoists have raised the issues of social disparities. They are taking benefit from innocent civil society that wants to participate itself relating to special problems/issues, but not by its representatives. Only voting system is not enough and adequate. There should be developed practice and mechanism. Without referendum, it is impossible to solve existing political dilemma.
Closing the session, Professor Baral stated that without addressing the social, economic and political realities of the country, democracy cannot be strong. The people must have decisive role to conduct the state giving them a sense of empowerment for a bright future of democracy.

Rapporteurs:

Indra Adhikari
Ganesh Dutta Bhatta