KIRAN PANDAY

In an interview with Himal Khabarpatrika, CA chair Subhas Nembang calls for consensus and compromise among political parties to see the peace process to its conclusion with the writing of the new constitution.

Himal Khabarpatrika: How is the constitution writing process going?
Subhas Nembang: It is going smoothly as per schedule. A team of CA members has set off to gather public opinion from all 75 districts. We will have the draft concept paper for the new constitution by the end of April.

Are the suggestions collected by these CA members and those received by the secretariat of equal significance?
The secretariat might still be receiving ideas while the CA members are out collecting opinions from the public. These suggestions are equally important for the constitution writing process. The secretariat deemed it necessary to physically go to the public to collate views as it was impossible to collect a complete range of ideas through notices placed in the media. The CA members will meet people directly and canvass their opinions.

Can anyone complain of not having his/her suggestions included in the new constitution?
It is not practical to include all suggestions in an annex of the constitution. But they are important documents for the secretariat. Based on these suggestions, the subject committees will develop concept papers and prepare a preliminary constitution.

The CA members are going back to villages to gather views from those same people who elected them? How meaningful is this?
We are focussing our efforts on making the writing process democratic and progressive. The more people we can reach, the better the constitution will be. When people are involved in writing the constitution they feel ownership of it. This is the first time the CA has drawn up the constitution. Sending CA members back to villages guarantees the people ownership it.

How do the CA and its committees make their decisions? Are they made by a majority vote?
This has been spelled out in the CA Regulations. The issues will be discussed within the committees and they will make their decisions based on consensus, even when it comes to endorsing the preliminary constitution draft. This decision making by consensus is the essence of the constitution writing process. There are always other legal ways and rules to resolve the issues if a consensus cannot be reached.

If a small party tries to disrupt the process by demanding its issue be addressed first, what would you do?
I do not think this will happen. The CA procedure envisages a consensus mechanism for decision-making. They have all taken an oath to accept the outcome through this method. I don't think anyone would have any objection to the outcome of a procedure they have signed up to themselves. It applies to the full assembly of the CA.

Have you found any political parties to be in agreement or disagreement regarding certain constitution-writing issues yet?
If we look at past decisions taken by parliament and historical documents like the Comprehensive Peace Accord, political parties have successfully shared a vision on major issues like the multiparty system, periodical elections, human rights, freedom of press, an independent judiciary, the rule of law etc. We can find solutions to other issues based on the fact they have already agreed on many.

But when political parties have not reached an agreement on the structure of provinces, how can the State Restructure Committee proceed?
For so long the country has been ruled under a unitary system that it appeared an extremely difficult task to break up the unitary state and create a federal system. But the country will be a federal republic and there are only a few issues to be resolved. Discussions and debates are continuing regarding the basis on which provinces should be created. It is through discussion that we will find common ground. In the same way we should seek consensus on other issues while protecting the common agreements of the past.

Should the political parties go along with the provinces prepared by the State Restructure Committee or should they decide on this issue first?
The subject committees go to the public with a set of questionnaires for the draft constitution. These are open-ended questions to collect public views, aspirations and expectations. These suggestions will be sent to the relevant committees, where they will be discussed. The political parties will then be clear about people's opinions regarding provinces. The political parties should decide on the structure of provinces by studying these suggestions. The final draft passed by the assembly will be again taken to the public before its formal endorsement.

What is the most important aspect in the process of constitution making?
There is a need for a high level of political understanding among the political parties until the constitution writing process is complete. We have to come together to give the peace process a logical end and write a new constitution. I appeal to all to be vigilant in this process.