 KIRAN PANDAY |
We have only nine months to write the constitution. Doubts are creeping into people's minds as to whether it will be written on time. The government that was formed after the President's unconstitutional move has not exhibited honesty in the constitution-writing and peace process. In other words, the present government is the main obstacle to writing the new constitution.
The CA committees have been working on drafting the new constitution. The CA has already started discussing the drafts submitted to it. A 15-member committee headed by Laxman Lal Karna has been formed to incorporate issues raised in the CA and prepare a preliminary draft paper for the constitutional committee. Six of the 11 thematic committees have already submitted their preliminary drafts and concept papers to the CA.
The constitutional committee compiles all drafts, incorporating suggestions from the CA sessions, and prepares a draft for the new constitution. This draft will be taken back to the people for their opinions. Then discussion on each article begins in the CA before the constitution is finalised.
There is no consensus on major issues among the major political parties in the CA. There seems to be agreement in principle on issues such as democracy, federalism, periodic elections, forms of political system, civilian liberty, freedom of speech, human rights, adult franchise, autonomy, inclusion, socio-economic transformation and social justice but there are differences among the parties. Some parties think the parliamentary system is democracy but we have put forward the presidential, president-prime ministerial and consensus and inclusive models for discussion.
The principles and models will be developed to meet the needs of the country. Federalism is now accepted by all but whether it should be implemented on the basis of language, ethnicity or geography is still unsettled. Similarly, we need to have more rounds of discussions on what kind of election system we should adopt, how we can ensure the representation of women, Dalits, Janajatis, minorities, marginalised communities and the people of Karnali. This is important because in the previous electoral system, only people from the ruling class and people with money and muscle won the elections. The first-past-the-post system does not ensure representation of the diversity of Nepal.
The bones of contention are whether the federal republic should be the rule of elites or the masses, whether to strengthen institutions representing the people or unelected institutions operating from behind the curtains, how to ensure civil and individual liberty, how to recognise the identity and ensure the rights of oppressed communities, regions and genders. Should we adopt the principle of socio-economic transformation or allow the big fish to eat the small fish? These issues should be discussed to reach a consensus.
These issues can be resolved if the following six conditions are met. First, the political parties should forge a consensus on the peace process, the basic principle of state restructuring and the model of army integration. Second, there should be agreement on the universal principle of the constitution to proceed with the discussion on thematic drafts of the constitution in the CA. Third, the current government does not have the legitimacy to carry on the peace process and constitution writing. Therefore, a new government should be formed under the Maoists' leadership. Fourth, we need to build trust among the major political forces without the help of foreign forces. Fifth, we need to guarantee peace and relief for socio-political transformation and sixth, there has to be dialogue with armed and unarmed insurgent groups.
The constitution will be written on time only if these conditions are met. If not, conflict is inevitable.
