There does not seem to be any light at the end of the constitution tunnel. The ruling coalition is not ready to annual the voting process and the opposition unwilling to negotiate unless it does so. Yet another 'decisive' meeting on Sunday between Prime Minister Sushil Koirala (entrusted by the two ruling parties to negotiate on their behalf) and UCPN (Maoist) Chairman Pushpa Kamal Dahal (the custodian of the 30-party opposition alliance), just like previous rounds of talks, ended inconclusively. Perhaps to increase pressure on Nepali Congress and CPN-UML, UCPN (Maoist) has moved a step closer to a merger with its problem-child, the radical CPN-Maoist. These are troubling signs. Perhaps PM Koirala has not been able to take the opposition into confidence on constitution. But for all of Koirala's faults as a statesman, the opposition has also been very unreasonable.
As the ruling parties had already prorogued voting process in the CA indefinitely there was no point in asking for complete annulment of the process. This makes it appear like the opposition is not serious about meaningful dialogue. The prospect of the two Maoist parties uniting under the status quo is as disturbing. Baidya Maoists don't even accept the sanctity of the CA process. In this situation, unification of the two Maoist parties can only mean one thing: the mother party, acutely aware of its position of weakness in the CA, is contemplating solutions from the outside. If so, that would be another strong evidence—after their childish refusal to accept the verdict of the second CA polls—of the Maoist party's reluctance to abide by the rules of multiparty democracy. Otherwise, the only way the unity between the two will be credible is if Baidya Maoists unconditionally renounce violence and agree to new constitution through the sovereign CA.
As we have maintained, the dispute over five districts is not intractable. There can be a referendum on these disputed districts, a separate commission can be formed for the purpose, or as the last option, even their boundaries can be adjusted—there are a number of ways to do it. Whatever the political parties ultimately decide (or not) on these disputed districts, there is bound to be some controversy.
In such a polarized polity, it would be unrealistic to expect perfect solutions. CA Chairman Subhash Chandra Nembang has proposed a way out. He says it is possible to get a constitution by the upcoming Republic Day (May 29) by following all the procedures outlined in the Interim Constitution, including the vital task of taking the final draft to the people for feedback. If there can be an agreement in the next few days in favor of consensus constitution by May 29, nothing better. But even if there is no such agreement, time has come to make some hard decisions. The lesson of the four failed years of the first CA was that if the constitutional process drags on, the number of stakeholders in it increases, and with it, possible areas of differences. If we don't have a constitution in the next couple of months, we fear, we might never have it.
