The Constituent Assembly (CA) is engaged in the task of giving final shape to the constitution with a view to promulgate it by mid-September. As the CA was about to vote on amendments, clause-by-clause, leaders of the three big parties—at the behest of their CA members from the Tarai and the Tharu Community and on advice of friendly nations—decided to delay constitution to give dissenting groups time to negotiate. The Madhesh-based parties have rejected this offer and said that they will negotiate only when the army is withdrawn and the eight point agreement signed by the then PM Girija Prasad Koirala with the Tarai-based parties is implemented. Tharu leadership has, however, started to negotiate.With the objective of promulgating the constitution without further delay and putting the country on the path of stability and development, the big four parties, including MJF-Loktantrik, had signed the 16-point agreement and hastened the constitution-drafting process. The agreement also stated that there would be eight provinces whose boundaries should be settled by a Restructuring Commission constituting experts, within six months, and finalized by two-thirds majority in the parliament.
A draft constitution incorporating the 16-point agreement was then made and circulated hurriedly to the people for their vital feedback. As the draft had left the process of delineation to the Commission, there was an immediate outcry from the Madhesh-based parties, that a constitution without state restructuring would not be acceptable. Among the many valuable feedbacks from the people, two prominent suggestions were: settling state-restructuring right now and directly electing the PM. While the big four took up the issue of restructuring seriously, they ignored the suggestion of directly elected PM.
Then they came up with a model of six provinces, one completely in the Tarai stretching from Saptari to Parsa and the other five having both Tarai and hill districts. This model was unacceptable to both the Tarai parties and the mid-West and there were strong protests and bandas in both areas. In a bid to pacify the protesters, the big three (against the objections of MJF-Loktantrik) separated the mid-west as a separate state, thus coming up with a seven-state federal model. This pacified the mid-west but made the Tharu Community furious.
It is most unfortunate that leaders from some Tarai-based parties and even one NC leader made inflammatory speeches in the mass rally in Tikapur, Kailali, inciting communal violence which resulted in a tragic incident where a senior police officer, his seven colleagues and a child were brutally massacred by an angry mob. The Home Ministry has invoked the Internal Security Act and mobilized the army under the supervision of the Chief District Officer in several violence- prone Tarai districts to maintain law and order. At the same time, the PM also called on the agitating parties to come for negotiations. However, the Madhesh-based parties put preconditions and as a favorable environment couldn't be created, there could be no meaningful negotiations.
After the creation of the seven-state model which did not fulfill the demand of the Tharus for a separate Tharuhat state, the MJF-Loktantrik dissociated itself from the alliance. The big three then decided to go ahead all the same. As the House has entered the phase where amendments have been registered and discussion has begun in the revised draft, all the Madhesh-based parties including the MJF-Loktantrik have withdrawn from the process. Even the Tarai-based CA members of the Nepali Congress and other parties have notified the leadership and the CA Chair that if the CA proceedings are not stalled for some days to address the concerns of the Madhesh- based parties, they too will boycott house proceedings.
Keeping in mind snowballing violence that has crippled national life for the last four weeks, the big three leaders must now sit down for serious negotiations with the Tarai-based parties and the Tharuhat leaders. They should employ mediators to bring dissident groups to talks, if required. Even friendly nations could be asked for mediation. The negotiations, inter alia, should focus on revisiting the background and raison d'etre of federalism and restructuring the state based on identity and economic viability. The proposed seven-state model has deviated from this principle. An amicable solution within the framework of identity and economic viability should be reached so that our nation as a whole benefits from state restructuring.
Meaningful participation of people from Janajati, Madheshi, Dalit, Muslim, Women and other marginalized groups in the national decision making process through adequate inclusion and proportional representation should also be ensured. The army should be prudently used to maintain internal peace and security. The timely mobilization of the army against the Maoist insurgency would have saved the lives of many Nepalis and the vast destruction of our national assets.
The nation has suffered regular bandas launched by various dissident groups to force the government to heed their demands. It is time we put an end to this by framing a law that will ban enforced bandas.
It is important that we have a strong national leadership that can ensure stability and service delivery. This objective could be better served by a nationally elected Chief Executive rather than a PM elected on the strength of a coalition. If the parliamentary system is retained in the new constitution, the provision of the PM not having to face the vote of confidence for the first two years should be removed.
In the final analysis, our leaders must ensure that the atmosphere of protests, violence and bandas is eased through both political and security measures. National life must begin to function normally prior to the promulgation of new constitution. As the nation is making a big leap forward, from a unitary state to a federal one, we need to maintain due diligence so that the transition is both meaningful and smooth. As we have already waited for nine long years, we need to be patient for a few more weeks to allow our leaders to produce a constitution that will be acceptable to most and will bring joy and hope to the nation and its citizens.
The author was a Nepali Congress candidate from Dhankuta in the second Constituent Assembly polls
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