SPEAKER NEMWANG UPBEAT AFTER PARLIAMENT PASSES

C O N F I D E N T I A L SECTION 01 OF 03 KATHMANDU 001194 SIPDIS SIPDIS E.O. 12958: DECL: 06/18/2017 TAGS: PREL PGOV PTER KDEM NP SUBJECT: SPEAKER NEMWANG UPBEAT AFTER PARLIAMENT PASSES ELECTION LAW Classified By: Ambassador James F. Moriarty Reasons 1.4 (b/d). Summary -------------- ¶1. (C) On June 15 the Ambassador congratulated Speaker of the Interim Parliament Subash Nemwang on the Interim Parliament's passage on June 14 of the key Constituent Assembly Members Election Act. The Speaker emphasized that he and others had made great efforts to ensure the election process would be inclusive and argued it was not inappropriate for party leaders to select candidates after the election from the proportional lists. The Speaker also discussed several issues before the Interim Parliament, including a Civil Service law and the rights of non-resident Nepalis. While the security situation in the country remained troubling, Nemwang thought the Maoists could be convinced to remain within the governing coalition and the parliamentary system. Congratulations on Passage of key Election Law -------------- - ¶2. (C) In a meeting June 15, the Ambassador congratulated Speaker of the Interim Parliament Subash Nemwang on parliamentary passage of the Constituent Assembly (CA) Members Election Act on June 14 and on passage of the constitutional amendment a day earlier (septels). (Note: The CA Members Election Act provides for a mixed system of 240 seats elected by first-past-the-post and 240 seats elected by proportional representation with quotas for disadvantaged groups, plus 17 members nominated by the PM, for a 497-member Constituent Assembly. The constitutional amendment removed the requirement of a CA election by June 14 and authorized a review of the decision of the Electoral Constituency Delineation Commission. The amendment also provided for the removal of the king by two-thirds vote, if the Cabinet found he was a serious obstacle to the CA elections. End Note.) The Speaker noted that only one election-related bill, regarding the CA Court, remained before the Parliament. A draft of this bill was pending with the Law and Parliamentary Affairs Committee and the Speaker seemed confident it could be passed at any time. Inclusiveness of Process -------------- ¶3. (C) The Speaker stated that he and other MPs had worked hard to be inclusive on the CA Members Election Bill. The Ambassador asked whether the indigenous nationalities, or "janjatis", and the Madhesis would accept the electoral law, despite not having been consulted in the drafting process. The Speaker noted that, although both these groups had been demanding a fully proportional system, they were still talking with the Government of Nepal. Peace and Reconstruction Minister Poudel and Home Minister Sitaula had told the Speaker that the Nepali Congress was not ready for a fully proportional system. The Speaker said he would encourage the janjatis and Madhesis to take advantage of the opportunities available to them under the mixed system. He also noted that the commitment in the Interim Constitution to a federal system and an inclusive and secular state would probably be attractive to the janjatis and Madhesis. The Ambassador noted that, depending on how election boundaries were redrawn, janjati and Madhesi representation in the Constituent Assembly might end up as high as one-third each. The Speaker agreed the election law should have positive consequences for both groups. Post-Election Allocation of Proportional Seats -------------- - ¶4. (C) The Ambassador asked whether, under the new bill, party leaders would be able to decide after the election which of the candidates on the party list for the proportional representation seats would obtain seats in the CA. The Speaker admitted that the position candidates hold on the lists was not determinative; which candidates would be KATHMANDU 00001194 002 OF 003 selected from the list as CA members would be a post-election decision for the party leadership. He argued that, this way, all candidates would then be motivated to work hard for their respective party, not just those at the top of the list. The Speaker did not expect any parties to commit to select candidates based on their rankings on the list submitted for the elections. (Note: IFES electoral expert Peter Erben told the Ambassador June 15 that such a commitment would reduce the undemocratic aspect of post-election selection of CA candidates by party leaders. Former President Carter also raised the issue during his June 13-16 visit. End Note.) Upcoming Legislative Issues -------------- ¶5. (C) Regarding other measures the Parliament intended to take up, the Speaker mentioned five issues, with civil service reform at the top of his list. (Note: Nepal's Civil Service law expired in 2006. End note.) Nemwang also saw the problem of non-resident Nepalis' links to Nepal, including dual citizenship, as an important issue. Other issues included the press bill (which would establish a minimum wage),the right to information, and legal redress for those abducted and banished. Finally, Nemwang mentioned that he expected Parliament to amend parliamentary rules June 17 to allow no-confidence motions. (Note: The constitutional amendment adopted June 13 gives Members of Parliament the right to consider no-confidence motions twice a year. At least one quarter of the members must call for the motion, and it requires a two-thirds majority to pass. End Note.) Both the Speaker and the Ambassador found this latter measure to be reasonable. Security Concerns Continue -------------- ¶6. (C) The Ambassador asked the Speaker whether he saw the security situation in Nepal getting any better. The Speaker responded that he had discussed the situation with the Home Minister a day earlier, and Nemwang hoped the situation would be better in the coming days. He confessed that the problem of killings, abductions, and extortions remained. He stated that, while previously the Maoists would have obstructed Parliament as a result of recent killings of Maoists in the Terai, now the Maoists at least were still discussing how to respond. Keeping the Maoists in the Coalition -------------- ¶7. (C) The Speaker stated that, if the governing parties, including the Maoists, remained united, he was optimistic that it would be possible to hold the Constituent Assembly election in Mangsir. (Note: The Nepali month of Mangsir runs from mid-November to mid-December.) Nemwang hoped the other parties could show the Maoists that their future within the Eight-Party Alliance would be better than a future outside the alliance. In response to a request from the Speaker for his assessment of the Maoists, the Ambassador said he was pleased the Maoists had approved the recent electoral legislation, but was concerned the situation in the Terai would provide an opportunity that could be exploited by the more confrontational Maoists. The Speaker worried about the delay in the UN arms monitoring process. The Ambassador said that UN Mission in Nepal Chief Ian Martin had indicated June 14 that the verification would begin in a few days. He added that if the Maoists agreed to begin phase two it would be a good sign they were willing to stay within the parliamentary system. Keeping Maoist chief Pushpa Kamal Dahal (aka Prachanda) within the process long enough would perhaps lead to a change in Maoist behavior, but Seven-Party unity was needed to do that. The Speaker agreed that, if the Parliament could maintain Seven-Party unity, then Eight-Party unity would follow. Comment -------------- KATHMANDU 00001194 003 OF 003 ¶8. (C) With the most important electoral legislation approved, the Speaker on June 17 prorogued, or suspended, the Interim Parliament for two weeks (until July 1) to give Members of Parliament time to return to their constituencies. On June 17, Prime Minister Koirala told the press that he intended to recommend November 26 as the date for the Constituent Assembly election. There is still considerable work to be done, but getting all the parties to pass the election law is a significant step forward. And, no doubt to his relief, disadvantaged groups, at least so far, seem to have accepted that the electoral law Parliament adopted June 14 is fair enough. MORIARTY