First, the parties must reach an agreement to conclude the peace process and there should be a tangible progress toward that end. What constitutes the tangible progress? The parties must agree on a) Number of Maoist combatants who will join the security forces and their regrouping accordingly b) Modality of integration c) Standard norms for integration d) The rehabilitation package (in cash and kind) to be given to the combatants going back to the society and e) Return of the seized property to the owners.
This may seem like an extended list of to-do things, impossible to achieve in less than three weeks. Fortunately, the parties are in tentative understanding on each of these issues. They know the integration number – something between 5,000 to 7,000. They also know the modality – formation of a directorate or something like that compromising of Maoist combatants, Armed Police Force and some army men that will function under the command and control of Nepal Army. The parties haven’t discussed a lot on the rehabilitation package but it’s agreeable. A good rehabilitation package will encourage more combatants to opt for reintegration into society, lessening the burden for integration into the security forces.
The lesson from countries making successful transition to peaceful politics is that peace process should be concluded before constitution writing. In Mozambique, demobilization and integration was a pre-condition for even conducting the post-conflict election. In South Africa, integration process was completed almost six months before the constitution was promulgated. In Northern Ireland, the assembly was suspended from 2002 till 2007 when the Irish Rrepublican Army refused to disarm. In Cambodia, constitution was written within three months by the CA but without disarming and participation of the Khmer Rouge. The result: Cambodia had to burden violence and conflict for a long time after the constitution was written. It’s impossible to write the constitution and begin a new chapter in country’s life unless we turn a page on the past by successfully concluding the peace process.
Unfortunately, we have alternatively kept the largest- and the second-largest political party out of power and they have, not surprisingly, hindered the constitution writing each time they were in opposition.
The second precondition for the CA extension is that there is a power sharing deal among the major political parities. Let’s face it, based on our past experience, and also the experience of several countries that successfully managed transition, constitution writing is almost impossible unless there is a national unity government comprised of major political parties. Unfortunately, we have alternatively kept the largest- and the second-largest political party out of power and they have, not surprisingly, hindered the constitution writing each time they were in opposition.
Prime Minister Jhala Nath Khanal was right in articulating, before he became the prime minister, that a national consensus government was a must to write the constitution. But his tragedy is that he is unable to give full shape to his cabinet even three months after he was elected to the coveted post and just three weeks before the CA is due to expire. Now that he is in Baluwatar, he has comfortably dropped the call for national consensus from his public speech.
But as a country we must come to realize that we cannot promulgate the constitution without national consensus, nor can we afford to waste yet another year in a stalemate. The major parties should, therefore, agree to a power sharing deal that will see through not just the promulgation of the constitution but also the conduction of next general election that will effectively mark an end of the transition.
Third, the parties should draw a clear cut road map, addressing all the ambiguities about when and how the peace process will be completed, a calendar on constitution writing that will not be amended again, and a tentative date (at least specify the month) for the next general election and agree on the leadership(s) of the government during all these phases.
Fourth, the parties must carefully workout a timeframe required to write the constitution without compromising the due processes of the CA, including taking it to the people for consultation and discussion, and to prepare and conduct the next general election. Once there is an agreement on it, the constitution should be amended accordingly.
But the parties must exclusively mention in the amended constitution that this will be the last extension of the CA. This is necessary for two reasons: a) It will provide some assurance to the people that constitution will be written in the extended timeframe without which they don’t seem to be in a mood to endorse any extension proposal. b) It will also make the parties more serious since they will have no moral ground to seek another extension should they again fail to promulgate the constitution.
Unless these four conditions are met, there is no point in extending the CA tenure because, as in the past, the extended tenure will once again be wasted. Alternatively, if the political parties are sincere about getting the job done this time, it is possible for them to reach an agreement on these four points in the next three weeks or so.
ameetdhakal@gmail.com
Related story
Police to seek four-day extension of remand for RSP Chair Lamic...
