Gurung, who is also a member of the high-level taskforce formed to settle disputes in constitution-writing, said otherwise his party can´t accept any provisions other than federal republic system and sovereignty as non-amendable in the statute.[break]
When asked why it is objectionable for Maoists to define basic democratic (loktantrik) principles as unchangeable in the new statute, he threw a counter question, "How do you define basic democratic principles". He said even dictators and military juntas have misinterpreted democracy as per their convenience.
"Democracy is a vague term. It can be interpreted as janatantra or janabad, loktantra or prajatantra. If other parties are ready to define it as janabad or janatantra it is okay with us (to define democratic principles as non-amendable)," Gurung told reporters after the meeting of the taskforce at Singha Durbar on Friday.
He said otherwise they can´t accept a long list of provisions as unchangeable in the statute.
Maoists have argued there is no need to define any provisions as unchangeable. "If it is essential, only sovereignty and federal republic system can be acceptable for all as unchangeable in the statute," Gurung said.
Nepali Congress (NC) leaders have insisted that pluralism, fundamental rights, human rights, press freedom, periodic elections, independent judiciary, republicanism, federalism and sovereignty should be non-amendable.
- Stating that the statute will not be amended against the spirit of democracy principles will do nothing wroing but help strengthen democratic systems. --Ramesh Lekhak
- If other parties are ready to define democracy as janabad or janatantra it is okay us (to define democratic principles as non-amendable) --Dev Gurung
"If we include the proposed list, other communities will demand that even rights of dalits, women and right to self-determination, among other things, to add to the list," Gurung argued. "That will not only make the statute rigid but also close all doors and eventually create a ground for new movement and revolt."
NC leader Ramesh Lekhak said they are trying to convince the Maoists that the provision saying "the statute will not be amended going against the spirit of democratic principles like press freedom, human rights and rule of law" will do nothing wrong but help in strengthening democratic systems in the country. "We don´t see any point making them amendable," Lekhak said.
Leaders from the NC and other parties have said they have been alarmed by the Maoist stance not to accept democratic principles as non-amendable. Maoist leaders have also stood against even mentioning the word ´pluralism´ in the statute.
Statute amendment
The taskforce members, however, have agreed to write in the new constitution that a two-thirds majority of the federal parliament can make any amendment to the statute.
Referendum
They have also decided to include a provision for holding referendum for deciding crucial national issues. As per the proposed provision, any proposal floated by a given number of lawmakers to go for referendum should be endorsed by the majority of federal legislature.
Consent from province
Leaders have also agreed that the federal legislature shall take consent from the province concerned before taking any decision about making any changes to the borders of a province or taking any decision on any subject that falls exclusively under the jurisdiction of a particular province.
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