DDETAILS OF NEW CALENDAR TO PRIMULGATE DELAYED CONSTITUTION

DETAILS OF PROPOSAL TO PROMULGATE A CONSTITUTION BY 31 MAY 2012

Kathmandu, 3 Dec.: A Prachanda sub-committee on resolution of differences on themes for incorporation in a proposed Friday approved a 13-point schedule to promulgate a constitution by the new 31 May 2012 deadline.
The schedule is being presented to the constituent assembly (CA)—the body to draft a basic law-- for passage Sunday.
The sub-committee with members of major parties will resolve remaining differences on themes to be included in a proposed constitution by 30 December 2011, except matters relating to a federal structure which is being drawn up by a state reorganization commission.
A main constitutional committee chaired by Nilambar Acharya will endorse the schedule five days later after discussion.
Any difference on themes will be decided by a majority vote in the CA in another five days.
A draft of the basic law, without a federal structure, should be ready for discussion from 10 to 29 January; a state restructuring commission should present its report for a new federal structure to replace the present unitary state by 29 January 2012.
Fifteen days has been set aside for the CC from 13 February to finalize a draft of a constitution with a new state structure.
The CA will then debate the draft, endorse it and publish in the gazette by 5 March.
Feedback will be collected from 6 to 28 March and another one week has been set aside to incorporate suggestions.
The final document will be presented to CA members after 13 April for a month-long perusal for two-third endorsement of the assembly.
Assembly members will sign the document, CA chairman will authenticate it and president it to the president for promulgation by 27 May.
Prime Minister Baburam Bhattarai is still not certain the basic law will be promulgated by the new deadline.
He gave this indication Thursday in a monthly programme Janata Sangha Pradhan Mantri over state-owned Radio Nepal amid charges by lawmakers the supreme court went beyond its jurisdiction by suggesting the CA will automatically be dissolved if a constitution isn’t promulgated by the new deadline.
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NEPAL PLAYS HONG KONG IN ACC TWENTY20 SATURDAY

Kathmandu, 3 Dec.; Nepal plays Hong Kong in the ACC Twenty 20 Championship Saturday at the TU Cricket Ground, Kirtipur.
The match will be the first of the tournament.
Apart from Afghanistan, top three teams will qualify for the UCC T20 World Cup in UAE.
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CAN ELECTION 18 DECEMBER

Kathmandu, 3 Dec,: Election of the executive committee of Cricket Association of Nepal (CAN)will be held 18 December, according to a decision of an ad hoc committee.
The executive committee headed by Binaya Raj Pandey was dissolved National Sports Council (NSC) after the installation of a government headed by Baburam Bhattarai.
Maoist central committee member Tanka Angbuhang is the current nominated president.
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NA RULES OUT INTEGRATING PLA DEFECTORS

Kathmandu, 3 Dec.: The Nepal Army has ruled out the possibility of integrating its personnel who defected to the Maoist army during the conflict period, and has instead vowed to court-martial them, Kiran Chapagain writes in Republica..

"The Nepal Army will not allow anyone who deserts it to join it again," said Nepal Army Spokesperson Brigadier General Ramindra Chhetri when asked by Republica about the national army´s reaction to the interest shown by army personnel-turned Maoist combatants in being integrated back into the army under the peace deal.

Chhetri said the army will take action for desertion under army law against such personnel if they are found.

The army´s position on accepting army personnel-turned Maoist combatants under the integration process has come to light amidst reports that even former army personnel who defected to the Maoist army have chosen the integration option under the recently completed categorization process.

It is not known how many Nepal Army personnel had defected to the Maoist army during the conflict. But informal estimates put the number at 117. It is also unclear whether these combatants had deserted the national army with their arms. But the army spokesperson said around 500 personnel desert the army every year.

Spokesperson Chhetri said the army had long wanted to try them under army law and had even written to the police to arrest them.

"We had asked the police right at the time they deserted to arrest them and hand them over to the nearest army barracks," said Chhetri when asked why they had not been punished to date.

As per military law, the army will investigate the desertion of army personnel-turned Maoist combatants and constitute a court of inquiry. As per the Military Act 2006, these combatants will face life imprisonment with property confiscation if proved guilty.

As the recent agreements on the peace process are silent on the issue of army personnel-turned rebel combatants, this issue may invite controversy during the integration process as many such combatants have opted for integration, say analysts.

Officials at the secretariat of the Special Committee told Republica that army defectors to the PLA had, during the categorization process, inquired with secretariat members if they would be punished after they leave the cantonments.

"I suggested to them to contact the army and face punishment as per army law," said Balananda Sharma, coordinator of the secretariat for the Special Committee, adding that army and police deserters had approached him during the categorization process to inquire about their future.
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INTERVIEW

'FORMER PLA FIGHTERS ATTRACTED BY NEPAL ARMY

Marking yet another milestone in the peace process, the much-awaited and much-talked about categorization of the Maoist combatants has been completed. In this context, Republica´s Kiran Chapagain talked to Balananda Sharma, coordinator of the secretariat for the Special Committee that carried out the categorization, on different issues surrounding categorization and the road ahead.

The categorization has been completed formally on Thursday. What is the next step?

We will prepare a report of the categorization and give it to the Special Committee. With this, the first and the second points of the seven-point agreement have been implemented. Now, the process enters into another stage as stated in the third point of the agreement, which says security agencies concerned will begin integration of the combatants. Now, the bodies concerned should be ready to take over as stated in the agreement.

The number of combatants opting for integration exceeded the allotted quota. How have you taken it?

We are yet to know the exact number of combatants opting for integration. But a cursory look at the data shows that the figure stands at around 60 percent against 40 percent choosing voluntary retirement.

Political leaders had not expected such a high number of combatants will choose integration option. What prompted such a large number of combatants to opt for integration?

There are a couple of reasons. First, combatants should be understood as persons who love guns. They also want a government job. For such persons who love guns and want government jobs, joining the army is the answer.

Second, attraction for the Nepal Army is another reason. As their service in the Maoist army will also be counted, they will be eligible for pension in 2-4 years in the national army.



Third, internal politics [in the Maoist party] is yet another reason. One faction [the Mohan Baidya faction] urged the combatants to opt for voluntary retirement. Had the number of combatants choosing voluntary retirement been more, the number of combatants loyal to other faction [Maoist party establishment] would have been less.

In my opinion, there was an internal competition between the two sides to have more numbers of combatants on their sides. They [the party establishment] encouraged the combatants to choose integration over voluntary retirement. Even those who had opted for rehabilitation changed their decision and chose rehabilitation. No one encouraged the combatants to go for rehabilitation.

Lastly, pension and opportunity to serve peace keeping missions after joining the national army also attracted the combatants to choose the integration option.

Whether political consideration or attraction for the national army influenced their decision to opt for integration?

In some places, political considerations played a bigger role in influencing the decision of the combatants while attraction for the army was more in other places.

How do you see the decision of the injured, over-aged, and pregnant choosing integration?

Yes, such combatants have also chosen integration option. We did not prevent them from going for their preferred option. As they were free to take their decision, even those who had initially opted for rehabilitation, changed their decision and opted for integration later.

What is the number of such combatants?

A large number.

Why, in your opinion, around 2,800 combatants did not appear in the categorization process?

We cannot attribute a particular reason for this. It is natural to loose its members in an organization, which is not recruiting regularly.

But this is a different case. They were supposed to be in the cantonments?

I mean it is a natural tendency to seek opportunity by members of an organization of that size. There was uncertainty over their integration and rehabilitation. If they find better opportunity than integration and rehabilitation, they will leave.

Another reason is that the combatants were supposed to remain in the cantonment. They could leave cantonments only on authorized leave that too only 12 percent of the total number in a cantonment at a time. On the one hand, we did not have human resources to enforce the leave provision while on the other hand there is the question as to what extent they abided by that provision.

Similarly, some left the cantonments to quit politics and start a new life while some others left for better opportunity. Some others have gone abroad for employment. The combatants who were dispelled for disciplinary reason and those facing criminal charges also did not participate in the categorization.

In your opinion, what should be the immediate next step for the government after completion of the categorization?

First, the government should work to release those combatants who have opted for voluntary retirement from the cantonment since it is an easier task besides being a less controversial one. The government should make necessary preparations to give money to such combatants. Most of the combatants have wished and demanded that the money they are entitled to get is given directly to them. I have suggested them to open bank accounts in their name and give the account number to the center so that the money goes directly to them. They fear that the party or the PLA might take their money. The number of such combatants is large.

Why did only a few combatants choose rehabilitation package?

Only five combatants have chosen rehabilitation package. There are some reasons why only a few combatants opted for rehabilitation package.
First reason is political instability. They held the view that they might be deprived of the promised rehabilitation package once the government changes. Second, rehabilitation packages required the combatants to put in a few years in learning skills to claim the rehabilitation packages. Third, they doubted effective implementation of the rehabilitation programs. Similarly, they perceived rehabilitation word with negative connotation.

When will the security agencies take responsibility of the combatants who have opted for integration?

First, the government should make necessary preparations. The secretariat under the Nepal Army should be constituted. There needs to be a legal basis first to set up the secretariat. Likewise, necessary infrastructure should be prepared. The Nepal Army, which is short of required resources for its incumbent personnel, needs to arrange additional infrastructure.
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