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Five Questions
Make CA polls modalities ready first: CEC Pokhrel

The second round of summit talks between the government and the Maoists had ended in agreement to hold the election to constituent assembly by mid-June next year and also agreed to appoint election commissioners within mid-November. Bhoj Raj Pokhrel, a former administrator, is the first Chief Election Commissioner (CEC) in the Nepalese history to be appointed to the post after a public hearing. As a bureaucrat, he worked as secretary in various ministries. He was one of the candidates for the same post during the direct rule of the king, but the royal government picked up Keshav Raj Rajbhandari as the CEC.

After being appointed to the position, Pokhrel has expressed his commitments to hold the constituent assembly polls by mid-June next year as decided by the parties and the government. In an exclusive interview to Nepalnews, he talks to Indra Adhikari on issues related with the election to constituent assembly. Excerpts:

After being appointed as the Chief Election Commissioner (CEC), what preparations have you begun for constituent assembly polls?

At the moment, I have to prepare for an enabling environment where all Nepalese could cast their votes to choose their leaders. You know there are various commitments made by the state that has to be carried out within a certain period of time. And all of them, including the election to constituent assembly, need political decision. The Election Commission itself is not the authority to develop the parameters of the elections system like what kind of electoral system to be used in the state, what should be the voters' eligibility and what would be the number of constituencies. All these issues need political decision. At this time, I am waiting for a broader framework or guidelines for the elections so that I can start my work.

Materialising these decisions we also need legislative input to hold the election to constituent assembly. Unless political decisions are taken and legislative frameworks are ready, we cannot execute our aims. So I am waiting for these mandates to begin my job. We have held several elections in the past. I am also in consultations with experts and going through stories how elections to constituent assembly were held in other countries. Based on those experiences I am making myself prepared for this great challenge.

Are the resources available at the EC enough for CA polls?

I cannot say whether they are enough or not. Currently, I am making assessment of the international situation of the commission. I am looking how much resources does the commission has at present, what it may require and to see the resource gap. This is in terms of human resources, technical and financial resources. But I cannot determine the level of resources we need unless the legislative framework are prepared because holding constituent assembly election is the new phenomenon for all of us.

I am trying to layout guidelines for myself so that I can immediately start working for the elections once the decisions are taken. This would also help determine the resource gap and inform the concerned authority on time for support. I don't think we would face any difficulties in terms of resources. I am making my mind of even hiring international experts if our national expertise is not enough.

The government has decided to distribute citizenship certificates to over four million Nepalese, who will be eligible to cast votes in the CA polls. At the same time, suggestions are being made to include people above 16 years in the voters' list. How can you manage with that?

We are right now not talking about the parliamentary elections or the local elections with which we are used to. All the legal tools prepared so far were for holding elections of parliament or local government.

Now the issue is election to constituent assembly. For this, we need separate the set of legislative provisions like eligibility of the voters, eligibility of the contestants or the age the voters or the number of constituencies. These subjects need political decisions before we actually begin our work. But I hope the government and the parties would help the commission to complete these works within the timeframe. Their support is important for conducting the election successfully. On receipt of good support, these matter do not need so much time while the government must finalise the macro level policy and, based on that, the EC carries out the responsibility it is given. My duty is only to execute things based on the framework given by the parties and the government.

Is the timeframe set by the government and the parties enough to hold CA elections?

All things in the country depend on how the peace process progresses. In the middle of that, we need enough time to collect the data and prepare the voters' list, mobilise the resources, prepare the polling centres ready for voting. From the first day I am appointed to this position, I have been requesting to provide me all the operational guidelines and legislative tools within this Kartik (Mid November) so that the commission would feel comfortable to hold the election within the given time table. I at least need six months, which I count from the day all operational guidelines and legislative tools are provided to me in concrete form. If these are done, I commit to hold election within six months. If finalisation of the tools were delayed, elections would also be delayed.

What would be the estimated cost of the elections?

I have not calculated that and it cannot be calculated before parameters of the elections are prepared and based on those parameters, activities are designed. Without these fundamental parameters, it is had for us to make an assessment of the cost of constituent assembly polls. What we only can presume is the number of voters and polling centres required for voters to cast their votes.

Did the delay in appointing the commissioners affect you plan?

No, it didn’t. Most things at present are being carried out at secretarial level. But as the parliament committee endorsed the names, we will soon have the full team at the commission and then we will also start discussion on strategies and policy frameworks, consultation with experts and other preparations for the elections. There were no such important decisions to be taken till now. So, it is not that delay in appointing the commissioners has affected any work of the commission.

The EC is yet to take decision on originality of Nepali Congress, Nepal Sadbhawana Party, Rastriya Prajatantra Party and few other parties. How can you decide over the disputes of party authenticity prevailing since years?

I have not entered into this matter till now. However, it is not the issue to be decided by a person's wisdom but with the help of existing legal provisions. Apart from that the guidelines and mandate by the government, the parliament and the parties to us will become the basis for us to take decision on such disputed matters. Decision would be made on the basis of present legislative environment. nepalnews.com Nov 02 06

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