NO AGREEMENT AT DISPUTE RESOLUTION COMMITTEE WHICH MEETS AGAIN FRIDAY MORNING Kathmandu, 25 May: A meeting of the Dispute Resolution Sub-Committee under the Constitutional Committee (CC) has studied the questionnaire prepared by the Secretariat of the Sub-Committee on the disputed issues of constitution, RSS reports. The meeting held at the State Affairs Committee today [Thursday] studied the 117 disputed issues and agreed to make final efforts for consensus on the disputed issues by this evening. According to member of the Sub-Committee, Laxman Lal Karn, the questionnaire will be sent to the Constitutional Committee by holding a meeting at 8:30 am on Friday if the consensus was not forged today. Karn said that efforts will be made to forge consensus on the disputed issues by holding meeting of all parties today [Note: There no consensus on the questions at the sub-committee chaired by Chairman Prachanda Thursday. Another effort will be made Friday morning,] nnnn________________________________________ CA REGULATIONS HURDEL IN CONSWITUTION PROMULGATION Kathmandu, 25 May: Party leaders and officials closely involved in constitution writing have said drastic amendments and suspension of provisions in the Constituent Assembly (CA) regulations have become a must to complete the constitution writing through fast-track procedures within the next three days, Tirtha L Bhusal writes in Republica. They said a new constitution is simply not possible before the CA term expires on May 27 if the existing regulations are adhered to. The officials and leaders said that the leadership of the major political forces should be able to reach agreement on the fundamental political issues that will determine the major features of the new constitution by first resolving the remaining thorny issues. "In the changed context, massive changes in the existing CA regulations are required. The provisions should be either suspended or amended to make the constitution possible," lawyer-turned lawmaker Agni Kharel, who is closely involved in the statute drafting process, told Republica. "Otherwise, the new constitution can´t see the light of day on Sunday." Kharel said the leaders first need to resolve the remaining major disputes, such as system of governance and federalism, at the dispute resolution subcommittee under the CA´s Constitutional Committee (CC). Also, some other lawmakers familiar with CA procedures and the remaining tasks argued that the entire body of regulations should be suspended and the CA chairman mandated to decide the remaining procedures. Key leaders of major political parties, including the prime minister, the CA chairman and the deputy CA chair are members of subcommittee, which is headed by UCPN (Maoist) Chairman Puspa Kamal Dahal. "The subcommittee head should hand over the draft directly to the CA chairman," Kharel said. "Then, the CA chairman will table the constitution bill for voting in the full CA." As per the constitutional provisions, the new constitution bill is required to be endorsed by two-thirds of the Assembly. Kharel said the new constitution bill should be put to a vote in its entirety and at one go whereas the existing constitutional provision requires every article to be voted on separately one by one. Nilambar Acharya, chairman of the CC, said following the Supreme Court verdict the political leadership needed to come together and start working immediately on a war-footing. "The task can´t be carried out if the major political forces stand divided," he said. He argued that the political forces, leaders and CA members should realize that they should work for a constitution permitted by the present circumstances, not an ideal constitution. Make maximum use of three days: Nembang CA Chairman Subas Nembang said that following the apex court´s verdict, the CA and the political leadership have only one option left, that of completing the constitution by making maximum use of the remaining three days. "We need to try our best to frame the new constitution by settling a maximum number of issues as far as possible within the remaining days and we can entrust the legislature-parliament, that will remain in existence, with the responsibility of settling some remaining issues if any," said Nembang, after he was informed about the verdict. As per the Interim Constitution, the CA comes to an end once the new constitution is promulgated but its role as legislature-parliament will remain in effect until a new parliament is elected. Officials at the CA secretariat informed that the CA chairman is pressing the top leaders to take immediate initiatives to settle the unresolved disputes and fast-track the procedures involved. Officials said he is also for completing the task on time by suspending or amending the CA regulations. nnnn ________________________________________ UNCERTAINTY PREVAILS AFTER SUPREME COURT VERDICT Kathmandu, 25 May: The Supreme Court´s interim order stalling extension of the Constituent Assembly term has left political parties with no choice but to draft the constitution in the next three days or look for an alternative mechanism to complete the unfinished works. But as of Thursday evening, the political course ahead remains Unclearm Republica reports. At the worst, according to party leaders, the UCPN (Maoist) and Madhesi parties may push for a fresh election if consensus turns elusive and the leaders disagree to entrust a transformed parliament (parliament after CA dissolution) to complete the unfinished works. Parties said they would begin discussions on resolving the contentious issues in constitution writing from Friday morning. "We are holding discussions within and outside the party on how to proceed in the changed context," said Maoist Vice-chairman Narayankaji Shrestha. Hours before the court verdict, the Maoists had decided to try to complete the constitution writing process by May 27 even if Constituent Assembly term was extended. While the UCPN (Maoist) remains undecided about its position in the changed context, NC and CPN-UML are in favor of announcing the constitution and entrusting the transformed parliament to complete the unfinished works. "We can reach consensus even in the remaining days. And if we fail to resolve all the contentious issues, unfinished works should be entrusted to the extended parliament," said CPN-UML Chairman Jhalanath Khanal. Nepali Congress leader Ram Sharan Mahat spoke in a similar vein. "The contentious issues are the ones that will remain in the appendix of the constitution. So we can prepare the constitution even if we fail to resolve all the issues. We can entrust the transformed parliament to complete the unfinished works," said Mahat. But the UCPN (Maoist) is yet to make its position on the issue clear. "We will discuss it in the party," said Shrestha. Party leaders told Republica that the parties are deeply divided over the number of the provinces to be formed in the Tarai. While the Maoists and the Madhes-based are in favor of two provinces in the Tarai, NC and CPN-UML want more provinces. On Thursday, the prime minister told NC and CPN-UML leaders that the issue of federalism would not be resolved if they do not accept two provinces in the Tarai. "There is disagreement over the number of provinces to be formed in the Tarai," said NC leader Minendra Rijal, who participated in the meeting of major parties on Thursday. Meanwhile, top leaders of NC and CPN-UML on Thursday evening held a meeting in their bid to form a common position on the contentious issues of constitution writing. ________________________________________ ________________________________________ Nnnn CHAIRMAN NEMBANG SAYS A CONSTITUTION MUST BY SUNDAY Kathmandu, 25 May: Immediately after the Supreme Court issued a stay order against the government move to extend the Constituent Assembly term, CA Chairman Subas Nembang said major political parties had no alternative but to promulgate a new constitution within three days, Arjun Bhandari writes in The Himalayan Times . The government on Tuesday registered a bill at the Parliament Secretariat with a view to extending the CA term by three months, which, many believed, undermined the SC’s November 25 verdict. NC CA member Radheshyam Adhikari tendered his resignation yesterday to protest the government move to extend the CA term. “There are still three days left for CA and political parties,” said Nembang. “So, the parties must take this as an opportunity to adopt the constitution.” He advised the parties to cut short or amend CA procedures and promulgate the new constitution by incorporating the constitutional issues already agreed upon at political-level. “Other unsettled issues can be left to the transitional Parliament which will remain in force even after the CA is dissolved.” He said the issues of federalism — number, names and boundaries of federal units — can be left for the transitional Parliament to decide. Nembang warned that country would face a constitutional vacuum after Sunday if the parties failed to adopt the new constitution by then. All elected institutions, including the prime minister and President, will be reduced to caretaker statues if CA fails to adopt the constitution for which it was elected in April 2008. NC leader Bimalendra Nidhi said the new constitution could be promulgated by shortening CA procedures, the way they had declared the country a republic on May 28, 2008. “But we need to forge agreement,” Nidhi said. UML Secretary Shankar Pokharel reiterated his party’s stance, saying UML will take initiatives to promulgate the constitution by incorporating the issues already agreed upon and leaving rest of the issues for the transitional Parliament to decide. Raj Kishor Yadav, Acting President, MJF-Republic, however, said NC and UML would be held accountable for the failure of CA if a new constitution could not be adopted by May 27. Nnnn BROADER MADESHI FRONT AGAINST CA TERM EXTENSION Kathamandu, 25 May: The newly formed Broader Madhesi Front has opposed the Baburam Bhattarai-led coalition government’s bid to extend the term of the Constituent Assembly, The Himalayan Times reports. In a press conference organised at Singha Durbar today [Thursday, front leader Upendra Yadav said if leaders of major political parties act honestly, a constitution, outlining major principles of federalism, inclusion and forms of governance, could easily be promulgated within the next four days. “The government’s move to extend the term of the CA is a ploy to derail the constitution-making process,” said Yadav adding that there was no guarantee a that a constitution would be promulgated even if the CA’s term was extended for another three months. He held that the United Democratic Madhesi Front was equally responsible for the current political mess. “The proposal to extend the term of the CA was brought with the consent of all major forces. Some of them are opposing the proposal only to hoodwink the people,” Yadav charged. Yadav said Madhesis and other marginalised communities needed to pile more pressure on major political forces from the street. “The ruling class is conspiring to paint the joint struggle of indigenous and Madhesi communities in bad light. We want genuine federalism to empower the marginalised,” he clarified. Another leader of the front Sharat Singh Bhandari said they opposed the extension of the CA as it violated a verdict of the Supreme Court and defied rule of the law. UDMF wants vote A meeting of UDMF held at Singha Durbar on Thursday decided to help ensure the promulgation of the constitution within the set deadline by settling all 117 thorny issues through a CA vote. Jitendra Dev, spokesperson for Madhesi Janaadhikar Forum-Democratic, said the UDMF’s first priority was to secure promulgation of the constitution within the set deadline. The UDMF has held that the demand for the resignation of Prime Minister Baburam Bhattarai by the Nepali Congress and the CPN-UML is against the recent five-point deal nnnn