11-17 September 2015 #775

“Halt constitution-drafting”

Advocate Dipendra Jha with Rabindra Mishra in BBC Nepali Service, 9 September

BBC: Do you think it is possible to resolve the current political crisis through talks?

Dipendra Jha: Yes. But the government must create a conducive environment. It must ease curfews, announce relief packages for families of those killed and provide medical treatment for injured protesters. Only then can there be talks. The constitutional hurdles are not too difficult to overcome. All we need is a little more effort on building trust.

But clause-wise deliberations on the draft constitution are already halfway through, and the major parties are set to promulgate it by mid-September.

What’s wrong in halting the constitution-drafting process for three days if a new agreement can be signed with the agitating parties? The constitution can still be promulgated by mid-September even if we halt the process for now.

But agreement with whom, and about what? There are so many parties on the streets with so many political agendas.

There are a couple of major political alliances in the Madhes. I think the eight-province proposal floated by Bijay Kumar Garchhadar’s alliance can be the entry point.

Even if Gachhadar’s proposal is accepted, Magars will still be agitating for a Magarat and Limbus for a Limbuwan.

Gachhadar has proposed several options. One is to create an eighth province by piecing together Jhapa, Morang, Sunsari and Siraha. This will address the demands of Limbus and Madhesis. Another option is to leave Jhapa in the eastern province but include the southern parts of Sunsari and Morang districts in the Madhes province. In the western plains, Kanchanpur can be left in the far-west province but Kailali should be in the Tharuhat province. Gachhadar’s proposal might not solve the whole problem, but it will certainly douse the fire in Tarai.

Don’t you think the state should be restructured by a panel of experts, rather than by politicians?

Yes. But did our political parties accept the report of the State Restructuring Committee, which recommended 10 provinces to the first Constituent Assembly (CA)?

But members of that panel were divided, so they submitted two separate reports.

So, how can we guarantee that members of future panel of experts will not be divided?

So, what could be the way out?

Kathmandu must take the initiative to ease tension in the Tarai. The first CA, the State Restructuring Committee formed by that CA and the second CA’s Dialogue Committee all have accepted identity and viability as bases to create federal provinces. If we stick to that, everyone will own the new constitution. I don’t think the seven-province proposal endorsed by the NC, the UML and the UCPN (M) is worthless, even this has recognised some principles of identity and viability. For example, the province stretching from Parsa to Saptari was definitely carved out to fulfill the aspirations of Madhesis. But I agree that slight modifications are needed.