BIKRAM RAI |
There is a feeling of d�j� vu as we approach the 27 May midnight deadline for the mandate of the Constituent Assembly to expire. It seems like it has all happened before, and it has. Four times in the past two years, in fact.
Like last time six months ago, and the time before that, the top leaders are again blowing hot and cold over the prospects of integration, and finishing the new constitution in time. Torn between the need to assuage a completely skeptical and disillusioned public, and talking tough to improve their bargaining position in negotiations, leaders' statements still swing between wild optimism and reckless pessimism. Some tell their cadre in Kathmandu there is no way the constitution will be written in time, and the same afternoon publicly announce in Biratnagar that the CA term will not be extended.
Prime Minister Baburam Bhattarai exudes confidence these days about meeting the 27 May deadline, but the crony he hand-picked to be the Attorney General challenges the Supreme Court's authority to over-ride parliament. He told us in an interview last week that a "democratic" constitution was not possible, and insinuated that people don't have the right to private property. If this is a moderate speaking, imagine what the hardcore sound like.
Despite this, for the first time in a long time there is a sense that the political parties are finally focusing their minds on the urgency of peace and constitution. PM Bhattarai has played a catalytic behind-the-scenes role in this. He got his party to give in on the insistence from the NC and UML on peace-first-constitution-later by showing flexibility on integration. The breakthrough was possible when Chairman Pushpa Kamal Dahal finally saw he couldn't play it both ways, and be a spoiler anymore.
With the cantonments and weapons containers being handed over to the army before the new year, there is now a real chance that the remaining issues on the constitution can be sorted out. This time, it may have to be the NC and UML who will have to give in on state structure and form of government while safeguarding pluralism, press freedom and an independent judiciary.
After coming all this way, and in a hurry to meet the May deadline, we shouldn't adopt an authoritarian constitution. We are not being paranoid. Even so-called moderate Maoists are still talking about "state capture", unleashing a "revolt", and calling anyone who disagrees with them "a people's enemy".
What is important is not that we have a directly elected presidential, parliamentary or mixed system, but whether or not democratic fundamentals are protected, and accountability ensured. We do not want a president who aspires to be a Nepali version of Vladimir Putin, or worse, Kim Il Sung.
The other dispute is over the kind of federalism we should have, how many provinces there should be and how to carve out their boundaries. This is more complicated, and care has to be taken to balance local self-governance without the country disintegrating. But even here, cooler heads have prevailed and there is an emerging consensus on just six provinces (plus Kathmandu) that balance and safeguard the ethnic and linguistic diversity within them. Whether or not these provinces are named after a particular ethnic group is not as important as whether all ethnicities within that province are treated equally. Name it 'federalism' or anything else, the crux is that political power and economic-decision-making should be devolved to elected local units.
If there is a deadlock on federalism, there can be an agreement on the broad outlines of the new constitution for now, with the details to be ironed out later. In the final analysis, words have no meaning if there is no political will to implement them.
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