Nepali Times

During a break: Prime Minister Sushil Koirala and UCPN (M) Chair Pushpa Kamal Dahal during a break from constitutional negotiations that stalled on Thursday. Pics: Bikram Rai

Just when the new constitution looked possible eight years after the first Constituent Assembly (CA) elections, the same old dispute over federalism and where five disputed Tarai districts should go has resurfaced, threatening the statute drafting process on Thursday.

A CA committee tasked with revising the draft constitution by addressing public feedback missed its deadline owing to the dispute, and it appeared this week that the 16-point deal, the blueprint for Nepal’s new charter, would unravel.

However, the top leaders of the four political parties have claimed that they are now closer to a fresh deal on demarcation of federal provinces – the most contentious issue of the state restructuring. If that happens, acceptability of the new constitution will increase and some of the fringe Madhesi parties might come on board.

“Demarcating federal provinces before the new constitution is our agenda, and we might accept a deal on it,” Upendra Yadav, the new leader of the recently-revived Madhesi Front, told Nepali Times. “But the spirit of the new constitution must be followed when federal provinces are demarcated. The NC, the UML and the Maoists are creating as many as five provinces in the Tarai, which is unacceptable to us.”

However, soon after Yadav spoke to us, one of the key players of the four-party deal, the MJF (D) Chair Bijaya Kumar Gachhadar upped and left the talks for Biratnagar on Thursday evening, stalling negotiations. Striking a new deal on demarcation largely depends on whether the dispute over the five Tarai districts gets sorted out.

Second-wrung political leaders privy to the closed-door negotiations inside the Singha Darbar this week say the dispute can be resolved by dividing some of these districts. But NC and UML leaders like Sher Bahadur Deuba, Krishna Sitaula and Bhim Rawal look resolute to not allow divisions of these districts. The UCPN (M) and MJF (D) leader, particularly Gachhadar, are opposed to the idea of merging these districts with the mountain provinces.

As of Thursday evening, the new map of the federal Nepal had six provinces: four in the mountains and two in the Tarai. Of the five disputed Tarai districts, Sunsari, Morang and Jhapa are most likely to be part of the eastern province. Kanchanpur is likely to be within the far-western province, but the fate of Kailali hangs in balance. The top leaders have been trying hard to decide on this district.

UML Chair KP Oli, Bidya Bhandari and MJF (D) Chair Bijaya Kumar Gachhadar during a break from constitutional negotiations that stalled on Thursday.

Kanchanpur and Kailali both have mixed populations of Hill Brahmins/Chhetris and Tharus. Supporters of the undivided far-western province and the Tharus have been haggling over this region over the last eight years.

“We have reached a point from where neither of us can return empty-handed,” says Ram Janam Chaudhari, a MJF (D) leader close to Gachhadar. “So the best way out is to divide these districts, include the Tharu-dominated area in the Tharuhat province and leave the rest with the far-west province. This is a win-win situation, and none of us will feel defeated.”

But supporters of the undivided far-west province, apparently at behest of Deuba and Rawal, complicated negotiations by calling a shutdown in Kailali and Kanchanpur on Thursday. CA members representing the far-west region have also warned of dire consequences if Kailali and Kanchanpur are divided.

In the east, Gachhadar (himself a Tharu) has not formally given up his stance on Sunsari, Morang and Jhapa. But insiders say he has softened his tone, and might agree to it.

It is not merely a coincidence that the top leaders have expedited talks to draw Nepal’s federal map. When the UCPN (M) Chair Pushpa Kamal Dahal and the NC leader Deuba visited India recently, New Delhi hinted at a possible solution. UML Chair KP Oli initially looked hesitant to waste time negotiating a demarcation deal as that would delay the constitution and his chance of becoming the new PM. But he relented, apparently after the Indian ambassador conveyed India’s message to him.

So, once the top leaders resolve the issue about the five Tarai districts, the draft constitution will be forwarded to the Constitutional, Political Dialogue and Consensus Committee (CPDCC) of the CA. The CA has scheduled its meeting on Friday.

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