BIKRAM RAI
Unless something unprecedented happens, the country is sure to have a new constitution in a few days. This will mark the end of the peace process during which we came through a ceasefire, the demobilisation and disarmament of fighters. Certainly, the current draft has some problems. Let’s hope the door to resolve them will be kept open.
Still, it is a great achievement that we are soon going to have a Federal Democratic Constitution after ten years of waiting. This announcement alone will restore Nepal’s national morale. It will also prove wrong those who said that the CA would never write the constitution, federalism isn’t possible, or that demarcation was not feasible. The challenge is to implement the new federal structure, and the constitution will be judged on how that is done.
The draft reflects the suggestions made by the public during consultations and feedback. There have been changes in the provisions for citizenship. Women and Dalits have been given more rights. Local officials will now be directly elected. However, even though the draft guarantees ‘complete press freedom’ it still gives rulers undemocratic loopholes to muzzle the press.
It is encouraging that the parties could push through with a federal structure with fewer provinces. There will be differences about boundaries. But agreeing on this model will open up a debate about devolution and these will have to be addressed as we move along. It is impossible to have a constitution that everyone agrees on 100 per cent. Even some leaders of the four main parties who are behind this draft are not happy with some of the provisions. But they looked at the national interest and compromised on each other’s positions. It is the responsibility of the top leaders to address some of the more vociferous opposition to the current draft. The biggest weakness of this process so far is that the Forum Nepal and TMLP are not part of it. But the fact that there is a province that is east-west and located in the plains is itself an achievement. That is more than can be said for the Tharus. As a last resort future disputes can be resolved through future elections because the constitution can be amended as long as there is that mandate. No group now should push itself out of the national mainstream.
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