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As the federal government stumbles in its efforts to manage the Covid-19 crisis and limit its fallout, the need for the scrutiny and oversight of the national parliament is being acutely felt.

The delay in purchase of kits and logistics to fight Covid-19, the issue of people stranded in different parts of the country, the plight of Nepali migrant workers, PM KP Sharma Oli’s reported instruction to ministers and party leaders to stay away from the media, and the controversial recall and restoration of Doctor Sher Bahadur Pun from Sukraraj Hospital—are some issues that could have been credibly discussed and sorted out by an in-session parliament. Similarly, there are reports of local governments politicizing relief packages, and people in need not getting them.

“If the parliament had been sitting, it could have forced the government to address those issues without delay,” says political analyst Shyam Shrestha. It may be difficult to hold a full session of parliament due to the fear of the virus, Shrestha adds, but speakers, committee presidents and lawmakers can still play a more proactive role through videoconferences and other means. “But they seem blissfully unaware of the parliament’s crucial role in the current pandemic.”

After the imposition of the nationwide lockdown, the government had ended the parliament’s winter session. In the parliament’s absence, the only way the government can formulate urgent laws are via ordinances, a temporary measure rarely used in parliamentary democracies. Senior Advocate at Supreme Court and National Assembly member Radheshyam Adhikari thus urges the government and political parties to summon the federal parliament at the earliest.  The parliamentary procedures allow the government to call a special session of parliament during a crisis. 

“We can convene the parliament after adopting sanitary measures such as washing hands before attending meetings, disinfecting the meeting hall, and barring lawmakers who show virus symptoms,” he says.

No time to hibernate

The government shortened the parliament’s winter session even though there was no legal or constitutional obligation to do so. The 275 members of the House of Representatives and the 59 in the National Assembly are effectively on a break.

Different countries have different ways of running their parliaments during a crisis. The Inter-Parliamentary Union, a global think-thank on Parliament, offers some suggestions.

Only the parliament committees may meet; or the parliament can meet virtually using remote methods. “Many countries are changing their laws to allow the virtual functioning of parliament with a view that lockdown could be extended for long,” the union says.

In Nepal, some parliamentary committees as well as the upper house did try to meet virtually but such meetings were ineffective. Adhikari of the federal upper house says the problem is lack of sophisticated technology to keep the participants engaged. “There is thus no option to physical meetings,” he adds.

Lawmakers suggest convening parliamentary committees of House of Representative, National Assembly and Provincial Assemblies to take up pandemic-related issues. If the cabinet can meet, why can’t parliamentary committees, they ask?

Another Nepali Congress federal upper house lawmaker Prakash Pantha also thinks there should have been more effort to keep the parliament open and functional.

During the pandemic, the government needs to pass emergency bills to allow government to exercise additional powers. In the absence of the parliament, the government is free to introduce ordinances or decrees, which, often, instead of addressing underlying problems, only end up serving vested interests.

Sufficient budget and resources are needed to fight the pandemic. If the current pandemic budget is insufficient, budget needs to be transferred from other heads. For instance, the federal government wants to use the money allocated under constituency development fund, but in the parliament’s absence, it has been unable to do so.

Missing collective wisdom

“During a time of crisis, there is a tendency to justify a centralized leadership. Yet that does not mean the executive cannot make mistakes and does not need check and balance,” says Shrestha, the political analyst. “There is a need for collective wisdom right now, and it is not just about criticizing the government but also supporting its genuine efforts.”

Another important role of the parliament is to hold government accountable. Ruling Nepal Communist Party federal lower house lawmaker Birodh Khatiwada says the parliament can play an important role in monitoring government response to Covid-19. “Discussions are underway on making the parliament functional. If it cannot sit, the parliamentarians can at least monitor the work of the federal, provincial and local governments in their respective constituencies,” Khatiwada says.

Former Prime Minister and Chairman of Federal Council of Socialist Party Baburam Bhattarai, another lower house MP, is also taking the initiative to hold virtual meetings of parliamentary committees. The meeting of the Finance Committee he is a part of was scheduled for April 19, but was put off at the eleventh hour. Expressing his displeasure over the decision to cancel the meeting, Bhattarai tweeted, “Speaker, Committee chair and all concerned were positive on the virtual meeting. If there are legal issues to hold such meetings they should be resolved.”

As per constitutional provisions, the government will have to table its budget in the parliament by May-end. Before that, the president will present government policies and programs. The parties are yet to discuss the kind of constitutional crisis that will ensue if the parliament cannot meet for the budget session. Substantive anti-Covid-19 measures are apparently planned for the budget session. Yet the parliament could not be convened too soon.

The novel coronavirus pandemic could have a lasting impact on the functioning of the Nepali state. First, there is now a risk that the government of KP Oli could clamp down on dissent and cement its hold on power on the excuse of tackling Covid-19. Even within the ruling Nepal Communist Party, co-chair Oli could use the pandemic to push back the party’s general convention slated for the second week of April 2021. Or that at least is the fear of party co-chair Pushpa Kamal Dahal camp. Without the general convention, Dahal cannot stake his claim on the party’s sole chairmanship.

Yet there are also those who believe that if PM Oli cannot properly handle the corona crisis, and if he is seen intent on clinging to power by hook or by crook, the tide in the party could turn against Oli. Says NCP leader Deepak Prakash Bhatta: “If PM Oli tries to cover up his weaknesses instead of correcting them, it will lead to growing polarization within the party, with the eventual weakening of incumbent leadership.” Likewise, with political activism around the country coming to a standstill, incumbent Nepali Congress President Sher Bahadur Deuba could also try to delay the party’s general convention.

Another interesting issue the pandemic has thrown up is the role of the Nepal Army. The national charter allows army mobilization during national emergencies. But even though the pandemic has the country under its grips, the federal government is yet to declare a state of emergency. So how might the army be used? One way would be for the national force to follow the leadership of the Health Ministry, the lead agency in the country’s anti-corona efforts. In fact, even here, there is a big grey area.

This is partly because the National Security Council that can recommend army mobilization to the President has not met in a long time. The NSC could have met at this time of national crisis and charted out a role for the army, which hasn’t happened. Instead, the army has been given the controversial responsibility of importing vital medical equipment, when there was no need to involve the army. “The army could have told the government that it does not want to be involved in such business deals,” says Bhatta, who is also an expert on national security.

There is before us the herculean task of defeating the novel coronavirus that has challenged even the best healthcare systems in the world. This task is made harder still without a clear roadmap, and given the unclear roles of vital state institutions like the Nepal Army and the Armed Police Force. Without working out who is responsible for what and without ensuring a semblance of check and balance, the corona crisis could turn into a catastrophe.  

The novel coronavirus pandemic could have a lasting impact on the functioning of the Nepali state. First, there is now a risk that the government of KP Oli could clamp down on dissent and cement its hold on power on the excuse of tackling Covid-19. Even within the ruling Nepal Communist Party, co-chair Oli could use the pandemic to push back the party’s general convention slated for the second week of April 2021. Or that at least is the fear of party co-chair Pushpa Kamal Dahal camp. Without the general convention, Dahal cannot stake his claim on the party’s sole chairmanship.

Yet there are also those who believe that if PM Oli cannot properly handle the corona crisis, and if he is seen intent on clinging to power by hook or by crook, the tide in the party could turn against Oli. Says NCP leader Deepak Prakash Bhatta: “If PM Oli tries to cover up his weaknesses instead of correcting them, it will lead to growing polarization within the party, with the eventual weakening of incumbent leadership.” Likewise, with political activism around the country coming to a standstill, incumbent Nepali Congress President Sher Bahadur Deuba could also try to delay the party’s general convention.

Another interesting issue the pandemic has thrown up is the role of the Nepal Army. The national charter allows army mobilization during national emergencies. But even though the pandemic has the country under its grips, the federal government is yet to declare a state of emergency. So how might the army be used? One way would be for the national force to follow the leadership of the Health Ministry, the lead agency in the country’s anti-corona efforts. In fact, even here, there is a big grey area.

This is partly because the National Security Council that can recommend army mobilization to the President has not met in a long time. The NSC could have met at this time of national crisis and charted out a role for the army, which hasn’t happened. Instead, the army has been given the controversial responsibility of importing vital medical equipment, when there was no need to involve the army. “The army could have told the government that it does not want to be involved in such business deals,” says Bhatta, who is also an expert on national security.

There is before us the herculean task of defeating the novel coronavirus that has challenged even the best healthcare systems in the world. This task is made harder still without a clear roadmap, and given the unclear roles of vital state institutions like the Nepal Army and the Armed Police Force. Without working out who is responsible for what and without ensuring a semblance of check and balance, the corona crisis could turn into a catastrophe.  

Kathmandu: The number of the novel coronavirus (Covid-19) cases in Nepal has reached 30, with 14 new cases reported in the past 24 hours.

According to Ministry of Health and Population, 12 news cases were reported in a mosque in Udayapur district, and two cases in Chitwan district.  The ministry has not disclosed the details of people infected. This is most number of cases reported in a single day in Nepal. 

In recent days, the government has expedited testing of suspected people and deployed rapid medical test teams in almost all of the 77 districts.

The Supreme Court of Nepal on April 17, Friday issued an interim order to the government to make arrangements for the safe passage of people stranded in various parts of the country. Currently, hundreds of people are taking long and risky journeys to reach their homes from Kathmandu.

Responding to a petition registered by Advocate Prakash Mani Sharma, a joint bench of Justice Ananda Kumar Bhattarai and Sapana Pradhan Malla ordered the federal government to arrange transport of those people. In the protracted lockdown, hundred of people who are mainly employed in unorganized sectors are leaving Kathmandu, as they can’t sustain their livelihood in the capital city.

As per the court order, the government must arrange free meals and transport for them. Due to the travel restrictions imposed by various districts, many are stranded on district borders. The SC also instructed the government not to create hurdles for the people who want to return home.

Though local governments claim they have arranged meals for the poor, but those affected say the relief is insufficient. Prime Minister KP Sharma Oli has already initiated discussions with ministers to arrange transport for the stranded people. 

In democratic countries, the prospect of the national army coming out on the streets makes people nervous. So does its involvement in any business, even in the import of vital kits and equipment to deal with a potentially deadly pandemic.

Article 267 of the Constitution of Nepal 2015 says the role of Nepal Army is to safeguard the country’s independence, sovereignty, territorial integrity, and national unity. Additionally, Article 267(4) says, “The Government of Nepal may also mobilize the Nepal Army in other works including development, construction and disaster management works, as provided for in the federal law.”

Further, “The President shall, on recommendation of the National Security Council and pursuant to a decision of the Government of Nepal, Council of Ministers, declare the mobilization of the Nepal Army in cases where a grave emergency arises in regard to the sovereignty or territorial integrity of Nepal or the security of any part thereof, by war, external aggression, armed rebellion or extreme economic disarray.” A declaration of the mobilization of the Nepal Army must be ratified by the parliament within a month.

Yet there is nothing in the constitution about the role of the national force in the kind of government-to-government procurement of Covid-19 kits that has recently landed it in controversy. “The army could have told the government that it does not want to be involved in such business deals,” says military expert Deepak Prakash Bhatta, who is also a leader of the ruling Nepal Communist Party.

The national army has already taken up several development projects, including Kathmandu-Tarai fast track. Similarly, army personnel have been deployed in disaster management works. In a recent example, the Nepal Army built 869 houses in Bara and Parsa districts that had been ravaged by a tornado in March last year. During floods and landslides, too, army personnel are in the frontline of rescue and rehabilitation works.

Experimental stage

But the army has had no experience of dealing with a pandemic. Security experts say the government can mobilize the national army to deal with the Covid-19 pandemic, but only if its role can be clearly defined within constitutional limits. In other countries, too, the national armies have been mobilized to assist the civilian government. For example, the US government instructed its army to build hospitals. In Spain, it was out in force enforcing the national lockdown.  

“Army personnel can, for instance, be mobilized to regulate the Nepal-India border and check the movement of people during the pandemic, which is not happening,” says Bhatta. “After the lockdown, hundreds of Nepali workers have been coming home from India. But they have not been screened properly.” Instead, Minister for Home Affairs Ram Bahadur Thapa has instructed the Armed Police Force (AFP) to monitor the movement of people at the border; the deployment has been inadequate.

Compared to other civil organizations, the national army has a well-trained, more disciplined, and better equipped force. As army’s resources are always oriented to a large-scale war, they can be immediately mobilized to build makeshift hospitals. They have helicopters and vehicles, and bases across the country. If the doctors at government and private hospitals are unwilling to work, the army can mobilize its troops and medical personnel for medical care as well.

The medical services of the Nepal Army had started in 1925 with the establishment of Tri-Chandra Military Hospital at Mahankal, Kathmandu. Renamed Shree Birendra Hospital (SBH) and relocated to Chhauni, it is now a 635-bed sophisticated hospital with a military rehabilitation center, two field hospitals, and 15 field ambulance companies.

Foggy path

The Nepal Army is already involved in controlling the spread of the coronavirus. It has developed a smartphone app for smooth flow of corona-related information. Similarly, the Covid-19 Crisis Management Center has been established in the army barracks in Chhauni. According to security analyst Binoj Basnyat, formation of this center under the Minister of Defense is a signal from Nepal government that the army’s participation is inevitable. “It is the National Security Council that should decide how the Nepal Army is to be deployed,” he says.

But as the NSC has not met for a long time, the role of the Nepal Army in the current corona pandemic remains unclear.

Former Major General of the Nepal Army Tara Bahadur Karki says the NSC should be meeting regularly during a crisis of this magnitude. In the current health emergency, Karki argues, it is the Ministry of Health that should be in the frontline fighting it, with the army playing a backup role. “On the other hand, if the pandemic tomorrow poses a direct threat to the country’s security, then the army has to lead from the front,” he says.   

Currently, there are some other mechanisms that can decide on limited deployment of army personnel. The district administration offices can deploy the army at the district level for disaster management, after obtaining permission from the Army Headquarters. At the national level, the Home Ministry can activate the Disaster Relief Act of 2020, clearing the road for the army’s deployment in disaster-control.

“For Covid-19, the army may act as a strategic reserve with heavy medical practitioners and necessary components at the center, operational reserve in the provinces, and fully-involved contribution in the districts,” Basnyat suggests.

One such example army deployment was during the 1918 influenza pandemic in the US, which lasted for 10 months. In the three-phase pandemic, the second phase was the most dangerous, and the US army had to be deployed to control it. “Nepal is now entering the second phase. We should draw the right lessons from history and from the experiences of other countries,” he suggests.

Since the unification of Nepal’s two biggest communist parties—the CPN-UML and the CPN (Maoist Center)—in May 2018, the issue of power sharing has largely determined the dynamics between Prime Minister KP Sharma Oli and his Nepal Communist Party (NCP) co-chair Pushpa Kamal Dahal. Oli is bent on retaining all his executive powers, while Dahal wants a greater say in the government as well as in party-related works.

The latest instance of disagreement between the two leaders concerns Dahal’s proposal of an all-party mechanism to deal with the novel coronavirus pandemic. Leaders close to PM Oli see Dahal’s proposal as a ploy to weaken the government. They believe elected governments from the center to local levels are more than capable of handling the Covid-19 crisis, and there is no need for such an extra-constitutional body.

Dahal, however, is reportedly keen on the mechanism to wrest some control over government functioning away from Oli. The former Maoist supremo’s supporters are not happy with the way the prime minister has brushed aside the mechanism. “The way PM Oli has responded to Dahal’s proposal is objectionable. A proposal made by the party’s executive chair cannot be taken so lightly,” says NCP leader Haribol Gajurel who is close to Dahal.   

The relation between Oli and Dahal has been uneasy since party unification. Oli wants to centralize all powers while Dahal wants more of it for himself. As a temporary truce between the two, the NCP Secretariat meeting last November had bestowed some executive powers on Dahal. But PM Oli has continued to act as the party’s senior chairman with all executive powers, pushing Dahal to a secondary role, even in party affairs.

As per the gentleman’s understanding struck at the time of party unification, Dahal wants either the unified party’s chairmanship or the prime minister’s chair. In return for allowing Oli to continue as the prime minister for five years, Dahal had apparently been guaranteed chairmanship. But he can be chosen chairman only by the party’s national convention scheduled for next April. So Dahal wants a timely convention. Also, to be elected party-chair, Dahal needs Oli’s full support, which has not been forthcoming.  

The corona caveat

Due to the Covid-19 crisis the chances of a timely convention appears bleak. All party activities have been suspended. Before the general convention, they must hold conventions of all party committees from the grassroots up, in what is a lengthy process.

According to the tentative timeline, the party’s January central working committee meeting had set aside the months of April and May for the renewal of old party memberships and distribution of new ones. But this program has had to be put off due to the coronavirus lockdown. Similarly, the party had planned on wrapping up local and provincial conventions by the end of 2020. The national general convention could then have been held on the second week of April. Now, lengthy delays are expected.

Likewise, the party’s five-month-long unification and public relation campaign that was to start on February 13 has been indefinitely postponed.

Health experts have advised against lifting social distancing measures before a vaccine for Covid-19 is developed. On current estimates, the development of such a vaccine could take at least a year. NCP leader Deepak Prakash Bhatta thus acknowledges that the general convention has been pushed into uncertainty by the corona menace.

Meanwhile, Dahal’s supporters suspect the Oli camp is trying to use the coronavirus scare to delay the convention and to sideline Dahal. “PM Oli seems unhappy at the way Dahal has been gaining ground in the party,” says Gajurel, the leader close to co-chair Dahal.   

Dahal wants the reports of misappropriation of funds in the import of Covid-19 kits to be discussed in party bodies, something for which Oli is not ready. On the other hand, Oli’s supporters see Dahal’s hand in the ‘unjust’ criticism of the government’s handling of the corona menace, including the kit import.  

Old qualms

PM Oli was forced to accept Agni Sapkota, a Dahal acolyte, as the speaker of the federal lower house. In another instance, PM Oli was not keen on nominating Bamdev Gautam as a member of the federal upper house, even though the party Secretariat had already decided to do so. In fact, on that occasion, Oli had rather alarmingly found himself in the minority in the nine-member Secretariat. There are also differences between PM Oli and Dahal on who should be the deputy-speaker of the lower house.

There is thus more than a smidgen of truth in the suspicion that Oli is trying to cement his hold, for he understands that other senior party leaders cannot openly criticize him during a national crisis.

But NCP leader Bhatta says such a course could also be dangerous for the prime minster: “If PM Oli tries to cover up his weaknesses instead of correcting them, it will lead to growing polarization within the party, with the eventual weakening of incumbent leadership.”

In other words, with Dahal getting restive for power, the Oli camp reckons the delay in general convention will strengthen their hand. But then if Oli and his small coterie are seen as sidelining others and undermining party unity, the tide could well against them by the time of the next general convention, whenever that might happen. 

Nepal’s Prime Minister KP Sharma Oli has dismissed the demand for an all-party political mechanism to deal with the novel coronavirus pandemic.

In a video-conference with chief ministers of seven provinces on Saturday, April 11, the prime minister ruled out such a mechanism as a separate entity from the government. The PM’s message came when his Nepal Communist Party co-chair Pushpa Kamal Dahal has been asking for such a mechanism to discuss and decide on vital corona-related measures.

Some fringe parties are also demanding such a mechanism, even as the main opposition Nepali Congress is divided on it.

“The government is carrying out its duties effectively. There is no need for another mechanism to direct it,” Oli said. Oli and his supporters see Dahal’s demand as a ploy to weaken the government. But Dahal’s supporters counter that at a time of crisis like this, inter- and intra-party consultations are vital, and something that Oli is allegedly avoiding.

In a separate context, PM Oli hinted at the extension of the lockdown beyond April 15. Next-door India, which is witnessing a rapid surge in number of Covid-19 patients, is preparing to extend the lockdown.

PM Oli told chief ministers that it would be unwise to lift the lockdown when the number of cases in India is going up. The PM also told the chiefs ministers to work towards restricting movements along Nepal-India border.