Development Nepal

Development and Stability

 Seminar

September 3, 2006

Challenges to Parliamentary Democracy in Developing Nations

-Hom Raj Dahal, General Secretary, Ex-MPs Club, Nepal

Paper Presented at SEVENTH WORKSHOP OF PARLIAMENTARY SCHOLARS AND PARLIAMENTARIANS

29-30^th July 2006

Wroxton College, Oxfordshire, United Kingdom. Click here for Programme

 

Introduction

 

In a democracy, the struggle between political parties is not for survival but a competition to serve the people. The concept of the loyal opposition is central to any democracy. It means that all sides in political debate however deep their difference share the fundamental democratic values of freedom of speech and faith, and equal protection under law.

Parties that lose election step into the role of opposition. In time, their party will have a chance to campaign again for its ideas, and the votes of the people. Emerging democracy in developing nations are facing challenges of absence of democratic principles of political practice.

Speaking at the dedication of a national cemetery at Gettysburg in the midst of a great civil war fought to preserve USA as a country, President Abraham Lincoln defined democracy as " Government of the people, by the people and for the people" by which he meant, essentials of democratic government are applicable to all nations that aspire to a democratic society.

After achieving democracy, the governments of a developing nation failed to abide by the basic responsibilities of being of the people.

Democracy is hard, perhaps the most complies and difficult of all forms of government. It is filled with tensions and contradictions and requires that its members labor diligently to make it work, Democracy is not designed for efficiency only, but for accountability democratic government may not be able to act as quickly as a dictatorship but once committed to a course of action it can draw upon deep wellsprings of popular support. Democracy is never an end product, but it is always involving.

 

Conflict Resolution

Democratic leaders in several new democracies were less accountable to the people depended heavily upon bureaucracy, military and followers. Challenges in new democracies arise because of conflict between political forces, actors and political grouping.

The following steps are necessary for conflict resolution to sustainable parliamentary democracy.

Examine root causes of conflict.

Understand dynamics of conflict.

Identify possible areas of consensus.

Appropriate form of intervention.

Address root cause of conflict.

Transform relationship between parliamentarians and leaders.

Sustain peaceful relation between political forces.

Electoral Alliance

As countries seek to establish and deepen democratic systems it is vital that political parties have the people's confidence and support. This is especially true in developing nations where democracy is under great stress and pressure. The following actions are necessary for parliamentary parties to strengthen their ability to be responsive to the people's need.

Credibility Building

Transparency in party’s finances, capacity and managerial effectiveness, acknowledging mistakes. Making internal party democracy stronger.

Communication Skills

Opinion building, message development, realistic and positive vision.

Building coalition

Electoral reform, constitutional reform, code of conduct.

 

Parliamentary supremacy is a reality in Nepal

 

Mass Movement and Re-instatement of Parliament

The Royal Takeover of February 1st 2005 lead to insurmountable damages in socio-economic and political fronts in Nepal. It suspended the people's fundamental rights, including freedom of assembly and expression right to information and privacy, protection against arbitrary arrests. The king dumped the people's constitution 1990 and started his own rule. King joined a club of dictators with Pakistan, Burma, Bhutan etc. International support for his action was negative from China, Russia and Pakistan.

After February 1st development aids form donor countries was either suspended or postponed. Mass exodus to cities or to India from villages due to abuse of guns by both security forces and Maoist was seen.

European parliament, U.K., U.S.A., India along with United Nations pressured the king to compromise with democratic forces but he did not do so.

Meanwhile 12-points understanding between seven democratic parties was reached so that restoration of parliament and election of Constituent assembly was the political road map.

People fought for 19 days from April 6-24,2006 against the autocratic monarchy. People’s power was victorious. Lower House of Parliament proclaimed it as supreme and peace process is being initiated.

 

Historical Proclamation of House of Representatives of Nepal

Magnacarta or Bill of Rights?

 

In respect of the sacrifices and participation made by the Nepalese people in the peaceful joint people movement.

In due attention to the fact that the people had shown keen interest through the peaceful joint people movement that took place some time back, on establishing that people are the sole source of state power of state powers and sovereignty,

With determination to fulfilling the people's mandate given by the Nepali people as per the roadmap of the seven political parties and the 12 point understanding between the seven political parties and the 12 point understanding between the seven political parties and the CPN-Maoist in the peaceful joint people's movement to restore a inclusive state by restruct8uring the state by formulating new constitution and toe restore sustainable peace through democracy, and constituent assembly.

Internalizing the greater responsibility of the sovereign Nepali people for strengthening the country's national integrity indivisibility and national unity.

As the fact that the House of Representatives established on the support of the people's movement is sovereign and fully authorized has been realized in the king's declarations on April 24,2006 that the Nepali people are the source of state power and Nepal's sovereignty and state power rests on the Nepali people and the people's aspirations exhibited din the present people's movement and on the basis of the roadmap of the seven political parties for resolving the violent conflict continuing in the country,

Makes the following declaration through the House of Representatives that this House of Representatives is sovereign for the exercise of all the rights until another constitutional arrangement is made to take there responsibility to gear ahead in the direction of full-fledged democracy and make an end to the autocratic monarchy by institutionalizing the achievements of the present people's movement, while safeguarding the achievements of the 1990 people's movement.

Legislative

1.1             All the rights regarding the legislative body of Nepal shall be exercised through the House of Representatives. The procedures for formulating laws shall be as specified by the House of Representatives.

1.2             The procedures for moving on the path of Constituent Assembly shall be as fixed by the House of Representative.

1.3             Calling of the session of the House of Representative and its conclusion shall be as follows

The calling of the session shall be by Prime minister and will concluded by the speaker on the recommendation of the Prime Minister.

The speaker shall fix the date for the session or meeting to hold within 15 days if request is made before the speaker by one fourth of the total members at the moment in the House of Representative citing that it is appropriate to call a session or a meeting when the House of Representative is not being held or if the meeting is stalled.

1.4             The House of Representatives shall formulate and implement the House of Representatives regulation.

On Executive

2.1             All the executive rights of Nepal as a state shall rest on the council of Ministers. " His Majesty's government" shall be termed "Government of Nepal" from now onwards.

2.2             Persons who are not the member of the House of Representatives can also be nominated in the Council of Ministers.

2.3             The council of Ministers shall be responsible towards the House of Representatives. The council of Ministers and the ministers collectively and for the works of their ministries shall be personally responsible towards the House of Representatives.

The administration, army, police and all the executive organs shall be under the purview of the government that is responsible towards the House of Representatives.

2.4             The allocation and transaction of business shall be presented at the House of Representatives after its passage form the Council of Ministers.

On Army

3.1             The name "Royal Nepal Army" Shall be changed to "Nepalese Army"

3.2             The existing provision regarding " The National Security Council has been repealed. There shall be national Security Council under the chairmanship of the Prime Minister in order to control, use and mobilize the Nepalese Army.

3.3             Chief of the Army staff of the Nepalese Ar4my shall be appointed by the Council of Ministers.

3.4             The existing arrangement of Supreme commander of the Army has been revoked.

 

3.5             The decision of the council of ministers on mobilizing the Nepalese Army, must be tabled and endorsed within 30 days form the special committee assigned by the House of Representatives.

3.6             The formation of the Nepalese Army shall be inclusive and national in nature.

On Advisory council of the Crown (Rajparishad)

The existing provision of Raj parishad has been revoked necessary works being performed by the Raj Parishand shall be as per the arrangement made by the House of Representative.

On Royal Palace

5.1             The right to make laws, amend and nullify regarding the succession to throne shall rest on the House of Representative.

5.2             Expenditure and facilities for His Majesty the King shall be as per the decision of the House of Representative.

5.3             The private property and income of His Majesty the King shall be taxed as per the law.

5.4             Acts performed by His Majesty the King are questionable in the House of Representative. or in the court.

5.5             Existing Royal palace Service shall be made part of the civil service.

5.6             The security arrangement for the Royal Palace shall be as per the arrangement made by the Council of Ministers.

The existing problem regarding citizenship shall be instantly resolved

The existing "National Anthem" shall be changed by making alternative arrangement.

Nepal shall be a secular state.

Miscellaneous.

All the state organs and bodies shall exercise their rights as having been authorized by this House of Representatives and with full faith towards it.

Specified officials holding public posts shall take oath of office from the House of Representatives in specified manner. Official who ignores receiving oaths of office shall be relieved of their post.

The inconsistent legal arrangement of the Constitution of the Kingdom of Nepal-1990 and other prevailing laws, with this declaration shall be nullified to the extent of inconsistency.

Any difficulty that may come while implementing this declaration shall be removed by a decision of the House of Representatives.

A committee shall be there in the House of Representative for the purpose of implementation of sub clause (c) and (d) above.