The 17 signatories of this statement wish to express grave concern with regard to the continuing impasse on election of the new Speaker of the House of Representatives as well as discussions in political quarters that seem to go against the constitutional spirit. We therefore make the following appeal to the Government of Nepal, the parties in power and in opposition, as well as all the Members of Parliament representing the sovereign citizens of the country:
1. It is a matter of grave concern that the post of Speaker of the House of Representatives of the Federal Parliament has remained vacant for four long months, for this is a sovereign body that not only makes laws, policies and programs on important national matters but is also the place for the people’s voice to be heard through their representatives.
2. The inability to elect a new Speaker has resulted in the scheduled meetings of the House being suspended through pasted notices. A full month after the President opened Parliament, it has been able to have only formal sittings and unable to take up substantive matters. All concerned must proactively work to end to this impasse, and Members of Parliament in particular must exhibit a sense of urgency. Continuously subjecting the House’s work to suspension notices goes against our parliamentary practice and indicates to the public a lack of accountability. We strongly believe that such practice and behavior should be discontinued in future and that the meeting of the House of Representatives called for 20 January must be held as scheduled.
3. According to the Constitution, the position of Speaker should be filled by a capable Member of Parliament who has high moral standing, is trusted by the public and eligible under existing laws, as well as someone who does not have cases pending in the courts and who is able to provide able parliamentary leadership. We also wish it to be noted that asking Deputy Speaker Shivamaya Tumbahumphe to step down at a time when no party has put up a candidate for the post of Speaker will deprive the House of leadership to chair its proceedings.
4. The Constitution is the basic law of the land. When amendments are contemplated on the basis of political calculations or according to the interest of one or more political parties, there is danger of the general public becoming disenchanted with our newly established parliamentary republican system. We strongly object to attempts to amend the Constitution in order to allow un-elected individuals the possibility of achieving the highest executive position in the land. We urge the Government to ensure that there is open discussion among the general public when it comes to a matter as important as amendment of the Constitution, and also to ensure energetic debate in both houses of Parliament.
5. The task of protecting the Constitution rests constitutionally with the office of the President of the Republic. In line with fulfilling this duty, and in order to end the current parliamentary impasse, we believe it is important for the President to encourage following towards that goal: the Prime Minister, leader of the main opposition party, all parties in Parliament, as well as the Deputy Speaker who is chairing the House of Representatives in the absence of the Speaker.
6. We believe in the citizens’ continuous oversight on the matters of constitutional supremacy, freedom of thought and expression, as well as rule of law, for these principles lie at the foundation of democracy. In line with this belief, we appeal to members of the public to raise their voice on the ongoing impasse in Parliament in order to hold the political parties accountable.
Signatories:
1. Surya Prasad Shrestha, Former Chief Election Commissioner
2. Dr. Gaurishanker Lal Das, Former Member, National Human Rights Commission
3. Prof. Ganesh Man Gurung, Member of Constituent Assembly
4. Dr. Surya Dhungel, Constitutionalist and Advisor to former President Ram Baran Yadav
5. Prof. Purnaman Shakya, Constitutionalist
6. Dr. Bipin Adhikari, Constitutionalist
7. Tikaram Bhattarai, Constitutionalist
8. Dr. Sumitra Manandhar Gurung, Social Scientist
9. Prof. Saroj Dhital, Doctor
10. Dr. Dambar Chemjong, Social Scientist
11. Sulochana Manandhar, Litterateur
12. Dinesh Tripathi, Constitutionalist
13. Dharmendra Jha, Former President, Nepal Journalists’ Association
14. Sunil Ranjan Singh, Lawyer
15. Phurpa Tamang, Lawyer
16. Tika Dhakal, Writer/Political Scientist
17. Kanak Mani Dixit, Writer/Journalist
[Contact: Tika Dhakal, 9851176813, tikadhakal31@gmail.com]
