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Constituent Assembly Election: NEPAL-Historical Polls
A Memorable Report of International
Observers Team
It
was a matter of pride to be in a Constituency i.e. Dhangarhi
(Dhangadhi) known as a very sensitive and remote area. I, myself
opted for any such Constituency before the high profile team for
Nepal International Observation Programme consisting of Mr. Bishnu
Bhusal, LL.M, Ore, USA, Human Rights and Peace-conflict Specialist,
General Secretary-Institute for Conflict Management Peace
& Development (ICPD); Mr. Basudev Sigdel, Secretary-Campaign for
Human Rights and Social Transformation, Nepal (CAHURAST); Mr. Bishnu
R. Upreti, PhD, Regional Coordinator-South Asia Coordination Office
Swiss National Centre of Competence in Research (NCCR) and others.
Mr. Kushal Debnath of West Bengal, Card No: IOG-30-EC-042 and myself
Card No: IOG-30-EC-009 both International Observers travelled along
with Mr. Arjan ji, (Nickname) holding ID as Interpreter (Maoist),
helper and Driver in a vehicle Toyota Hush No: B-2K-2301. Other
Observers were dropped on the way in different Constituencies for
duty.
In Ward-7 of Village: Manhera, District: Kailali, the Villagers
were seen overjoyed and were aware that this time the Constitution
to be drafted by their elected leadership and not like earlier
polls. People, especially youth were openly and fearlessly
participating in conversation expressing their views. A youth,
Sidhar, Ninth Standard pass replying on behalf and also all others
collectively said that this day was like Dewali festival for all. On
enquiry, all said that they all meant Indian Dewali which they
always celebrated there along with their socially and closely
related relatives from
India.
After crossing
Kanari River, we reached Village (Gaon) Phuwari polling station, in
extreme West Nepal and very close to
India border. The
Villagers admitted that normally border remained open and could be
easily crossed by all including anti-social elements and hard
criminals like dacoits from both sides unlawfully. When on April 10,
2008, that is, the elections day, it was being claimed and announced
internationally that the border was sealed; the Villagers said it
was only on papers and if they so desire, then knew how to cross and
feel free to do so even under such circumstances. The alert voters
themselves noted an incident of one of the corrupt practices of
attempt of casting double votes by a responsible Regional Member of
NC at Rajpur Gaon, Area-5, Kalika Madhamik Vidhyala but that matter
was amicably sorted out by the officials and representatives of the
parties in a meeting suspending the polling for a short period
without any kind of violence as inquired by us.
They
further clarified that we (People of India and Nepal being so close)
fulfill our daily requirements/necessities of life from across the
border. They did not admire barbed fence sealing of border or
deployment of international forces or any fortification for the
purpose of stopping free movement of people through the border. At
the same time, they confessed that
whosoever tress-pass the border, he must be considered as a
criminal and there should be a remedy for correcting that illegality
within the new Constitution of Nepal, being framed/drafted and to be
finalized shortly. In reply to a question as to what effective
remedy and solution they suggested, the only harmonious relations
between both
India and Nepal was the answer.
Mr. Kushal Debnath was straightway approaching the polling
officials on duty to collect data regarding the total votes to be
polled, votes polled, pattern of polling and rate of polling by male
and females. The 18 polling stations said to be very sensitive and
in remote area of District: Kailali were visited by us. Every time,
Mr. Kushal Debnath found encouraging data, he expressed very much
satisfaction the way the polling was going on and females were seen
there more in numbers for casting their votes. Almost, the same mood
and pattern of polling took place in the entire State of Nepal as
news were pouring in and received by Mr. Arjan ji during the time of
polling according to him.
One Local Leader (LL) joined us in Dhangadhi for our welfare. In
fact, he tried unsuccessfully to influence us in order to manipulate
the circumstances. Mr. Arjan ji as a disciplined soldier of his
party sided with him there and, in a warning tone, told me, “Look
energetic but don’t be energetic.” We, both as observers, finally
had to tell them, “Please don’t interfere in our duty to be
performed independently and within the guidelines endorsed on our ID
Card.” Mr. Arjan ji again checked the guidelines from ID card and
thereafter remained submissive and apologetic though the LL was
looking sad. However, after the polling was over he also felt sorry
but I tried to make him realize that it was intentional on his part.
However, as a whole, they would never keep a biased attitude against
us as noticed from the regard paid by them to us throughout. Mr.
Kushal Debnath also played very independent role as my partner
international observer and people present on the spot appreciated
our conduct for resisting the interference in our duty.
Finally, nothing was to twist except to accept the reality that the
polls were peaceful, free and fair and the same feed back was also
sent by Mr. Arjan ji and Local Leader (LL)-Maoists to their party
Headquarter immediately after the polls. Mr. Arjan ji remarked,
“Nobody look like communist here” while seeing the peaceful and
joyous mood of voters on each polling station/booths visited by us
jointly.
An immediate operative part of reaction after polling was over and
was reported by Mr. Kushal Debnath and me respectively as under:
“We in India
have a long experience of Universal suffrage intermingled with
rigging, intimidation booth capturing and clashes. We almost saw
generally no time of unhealthy practices in this area of Nepal. But
one point should be noted we found some youths loitering near some
booths, perhaps it was not necessary and it should have better been
avoided.” “My congratulation was to the people and the Election Commission of
Nepal for peaceful, free and fair polls that always to remain as an
eye opener example for old immature democracies in the world.”
Poll met international standards: EU- the European Union Election
Observation has concluded that the Thursday, April 10, 2008 election
met many international standards and was largely successful while
another international observation organization, the Asian Network
for Free Elections (ANFREL), termed the election “successful” and
“credible” and said the largely successful and credible Constituent
Assembly elections mark a historic step toward consolidating peace
and democracy in Nepal.. Former
US President Jimmy
Carter said at a press conference on Saturday, April 12, 2008, “We
have been extremely gratified to see what had happened here. Saying
that it was the most profoundly important election he had ever
participated in, Carter said that election would be important for
ending the conflict, changing the structure of the country and
providing new to what he called “formerly marginalized groups like
Madhesi, Dalits, and women among others.” Ref.-THE
KATHMANDU POST-Sunday,
April 13, 2008 (Baishakha 1, 2065)
On April 12, 2008, I, personally got a chance to congratulate
Maoist Chairman Pushpa Kamal Dahal alias Prachanda for the mandate the people gave to his
party and shake hands with him who reiterated his party commitment
to 12-point understanding reached between the Seven Political
Parties and Nepal Communist Party (Maoists) (dated 22 November 2005)
in the presence of Senior Maoist Leader Dr. Baburam Bhattarai while
addressing the International Observers (Observer group CAEOF) and
his supporters in a Hotel.
The Chairman Prachanda assured that the Maoist would work together
with all and ask the international community to help achieve the
goals of rapid economic growth, sustainable peace and
institutionalization of a federal democratic setup for building a
new Nepal. He
repeatedly said that we shall actively participate in the era of
globalization, liberalization and privatization. To my mind, in his
speech, he has shown very liberal attitude to accommodate all and
seek help to build up better Nepal.
It seems rightly asked by Maoist Chairman Prachanda on
Saturday, April 12, 2008
that international community not to doubt his party’s commitment to
democratic values. Ref.-THE KATHMANDU POST-Sunday, April 13, 2008 (Baishakha
1, 2065).Some of Maoist workers heard saying that it all was only a
political strategy at the moment but I, personally did not doubt the
Chairman Prachanda in the context and in face of his sincere
assurance and approach to the international community for
sustainable peace and development not only in Nepal but in whole of
South Asia, as the condition of democratic values in Indian
sub-continent are no way better than Nepal.
The high profile team for Nepal International Observation Programme
did ask us to provide suggestions for drafting the new constitution
of Nepal already
in process after the elections were over and stay for more days. I
did convey my personal experience in brief, but not as an expert,
that the law and supporting mechanism must be such to protect the
needy by automatically coming into action of its own as poor are
unable to get the justice under present set up and the Constitution
of India. Secondly, there should not be room for discretionary
powers to do injustice and avoid Rule of Law in the name of
sovereignty. Then, the team gladly paid due attention to my
suggestions. I feel pleasure to add to that, through this report,
the following text supported with examples as under:
-
Interpretation of words should not
be left for Judges and legislature while drafting the new
Constitution of Nepal for passing their arbitrary decisions
thereafter by enacting any law and rules under any of the Act or
Article of the new Constitution of Nepal.
-
Every official and ruler and their
associates or acting on their behalf in any manner must be
personally responsible along with their master for the misdeeds
and misconduct. From top to bottom, it must be obligatory on the
part of all working in or on behalf of the State machinery to
issue express orders only and the verbal orders of any form should
never be enforceable or acted upon by anyone under the new
Constitution of Nepal. There must be specific provision to that
effect in the Constitution itself.
-
Law should not be as Article
14 of the Indian Constitution that says, “Equality before Law-the
State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.” Mr.
Shyam Sunder, former Deputy Speaker of Hyderabad Assembly who was
a legal expert rightly interpreted the language of Article 14
thus: “that the obvious implication is that if any person or group
of persons has the courage, the resources and enough popular
backing to claim equality before law, then alone the state shall
not deny it. If there is no claim, the question of denial does not
arise (emphasis added). The wording of Article 14 does not
envisage a willing and graceful conferment of equal status on all
Indian citizens without putting them into the necessity of
incurring large expenditure on organisation and litigation. Any
child born to Indian parents should automatically have equality of
status conferred on him or her by the constitution. Article 14 as
drafted denies him this status. The onus of claiming equality is
placed on his shoulders. How many people in India can take the
trouble of going through this ordeal?” The law must come into
action of its own for the protection and justice to poor and
downtrodden under the new constitution being now drafted in
Nepal.
-
Article
17 of the Indian Constitution is meant to abolish untouchability.
Its practice too in any form is also forbidden. This Article
directly counters all Hindu scriptures, beliefs, traditions and
Smrities. If the Indian constitution was intended to over-ride and
scrap Hindu religion, so far as untouchability is concerned, then
this intention should have been clearly expressed in the
Constitution itself. The fact that this has not been done proved
that Article 17 was never meant to be implemented in India. Both
Articles 14 and 17 of the Indian Constitution have no meaning but
were intended only for external propaganda.
-
The
learned Mr. Shyam Sunder, had also preached that if we (Mool
Bharatis) have any sense of self-respect and regard for our
forefathers left in us, then how can we agree to be classified as
Hindus when their scriptures proclaim from house-tops that we do
not deserve to arrogate ourselves that “sacred“ status. Let us
continue to be known the world over as Mool Bharatis (aboriginal
Indians) and not Hindus. He further said that cowards amongst us
may say: Hindus will withdraw the concessions given to us in the
constitution, if we refused to be counted among them. We may
suffer temporarily but we will triumph in the end but what we need
most is unity amongst our teeming millions. Then alone can we
regain our soul, which is now mortgaged with Hindus. He used to
say that if joint electorates continue, original Indians and
(Minorities) will always be represented in the legislatures and
parliament by those who pledge or are willing to sign in advance a
pledge of slavery to their caste Hindu over-lords. Is it
democracy? The Congress is also hundred percent a party of Hindus
and no justice can be expected from it, Shyam Sunder said. The
constitution must have provision to create harmonious conditions
of living and movement of people even beyond the boundaries of the
country for open trade and business without compromising the
regional development in all spheres in view of their self dignity
and imparting them justice adequately and meaningfully by
effective enforcement of the new Constitution of Nepal. The new
model of Nepal must be personified
for the complete South Asia, lagging behind in democratic values
so far.
We can say that God bestowed on us an opportunity as International
Election Observers, introduced each individually Gurbachan Singh,
Editor, Des Punjab; Dalbir Singh, Journalist; Harmandeep Singh,
Human Rights Activist ( Martyr Jaswant Singh Khalra’s sister’s son);
Balbir Singh Sooch, Advocate, Ludhiana, Sikh Vichar Manch; under
Observer group CAEOF, all activists as and on behalf of Punjab Human
Rights Organisation headed by Hon’ble Justice Ajit Singh Bains
respectively along with others came present for the purpose to the
briefing high profile team on 8 April 2008 before proceeding to
different destinations for duty assigned by the Election Commission
Nepal. Advocate Balwant Singh Dhillon, Bathinda a renowned activist
and myself were together as room-mates and enjoyed the occasion.
Report
written by: Balbir
Singh Sooch, International Observer
www.sikhvicharmanch.com
(The
report is already sent on April 18, 2008 to the authorities
concerned)
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