NEPAL: FIFTH AMENDMENT PASSED; MADHESIS BOYCOTT

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 000796 SIPDIS E.O. 12958: DECL: 07/14/2018 TAGS: PGOV KDEM NP SUBJECT: NEPAL: FIFTH AMENDMENT PASSED; MADHESIS BOYCOTT VOTE REF: A. KATHMANDU 742 ¶B. KATHMANDU 728 Classified By: Charge d'Affaires Randy W. Berry. Reasons 1.4 (b/d). Summary -------------- ¶1. (C) On the evening of July 13, the Constituent Assembly (CA) passed the Fifth Amendment to the Interim Constitution, which decrees the election of a president, prime minister, and other officials by simple majority if the political parties fail to reach a consensus. The Madhesi parties, which blocked CA sessions for almost two weeks, boycotted the meeting but allowed the amendment to pass. The bill contains language that begins to address Madhesi demands for an autonomous state and inclusive NEPAL Army, but -- after a pause to allow the government to prepare the annual budget -- the Madhesi parties plan to agitate until their demands are met in full. Fifth Amendment Passed -------------- ¶2. (SBU) On July 13, the Constituent Assembly (CA) passed the Fifth Amendment to the Interim Constitution, paving the way for the formation of a new government. The amendment, which passed 442-7 (three minor left parties voting against), is a departure from the consensus decisionmaking that has hobbled the Government of Nepal; it authorizes the CA to select a president, prime minister, and other officials by a simple majority vote. Specifically, the Fifth Amendment states that: -- the election of a president, vice president, prime minister, CA chairman, and CA deputy chairman will be by simple majority if the parties cannot reach a consensus; -- a simple majority may remove the prime minister, and a two-thirds majority vote may remove the president and vice president; -- the prime minister will resign to the president; -- the leader of the opposition will be a member of the Constitutional Council that makes recommendations for appointments on behalf of the state; however, the opposition leader will not be a member of the National Security Council that is responsible for mobilizing the NEPAL Army; and -- the special 146 committee previously mandated to make provisions for the integration and rehabilitation of Maoist combatants would consist of members from "the major parties in the CA" and fulfill its directive "within six months." The Fifth Amendment also has two key new provisions intended to address Madhesi concerns: -- NEPAL will be a federal, democratic republic with autonomous provinces of the people, including Madhesi, janajatis and other groups; and -- the NEPAL Army will be national army based on equality and inclusiveness of Madhesis, janajatis, dalits, women, and other underrepresented groups. Madhesis Unsatisfied -------------- ¶3. (C) The Terai-based parties -- the Madhesi People's Rights Forum, the Terai Madhes Democratic Party, the Sadbhavana Party, and the one CA member from the Dalit Janajati Party -- boycotted the CA meeting and the passage of the amendment. The Madhesi parties have disrupted every session of the CA since the amendment was tabled from June 26 until July 9 (reftels),vowing to block its ratification until the CA responds to their key demands -- an autonomous KATHMANDU 00000796 002 OF 002 Madhes state across the Terai and proportional representation in the NEPAL Army. Although the new amendment contains language addressing autonomous provinces and an inclusive, national Army -- as well as expands the concept of consensus beyond the original Seven-Party Alliance to include all of the parties in the CA -- the Madhesis remain unsatisfied. They want the entire Terai to be "one Madhes, one Pradesh" and group entry of Madhesis into the NEPAL Army. Anil Jha, General Secretary of the Sadbhavana Party, told Emboff that the Madhesi parties would participate in CA sessions to prepare the budget for the forthcoming fiscal year, which begins on July 15. Jha said the Madhesi parties would resume agitation afterwards and refuse to engage in talks with the government until it actually implements their demands. Comment -------------- ¶4. (C) The Fifth Amendment is a step forward in the political deadlock over the formation of a new government, but there are still miles left to travel. The amendment offers big ideas but leaves the details to the party leaders to continue squabbling over -- including how much time they have to argue before the 601 CA members get a say. The Madhesis' determination to continue agitation does not bode well for a consensus in the coming weeks. Post expects more of the same divisive politics that has prevented the CA from effectively operating for the past two months to continue. BERRY