New constitution new era

As a momentous achievement in the country's political history, the Constituent Assembly (CA) has finally produced a new constitution.

The endorsement of the national charter by an overwhelming majority of the elected body has not only delivered the country a constitution but also ended the long-drawn-out transitional period. And the latest political development has instilled confidence in the public that it will open doors for economic prosperity and social transformation.

Once President Ram Baran Yadav unveils it amidst a special ceremony on Sunday evening, the new constitution, which is hailed as one of the most progressive statute written in Nepal's history, will come into effect.

The drafters of the new constitution claim that the new charter has steered the country into the new era by institutionalizing new political systems such as republic, federalism, secularism and policy of inclusion, among various other progressive social reforms.

The new constitution has taken drastic departures in comparison to the Constitution of Nepal-1990 that adopted multiparty democratic system with monarchy as head of the state. The new charter institutionalized republic in place of monarchy, federalism in place of unitary system and added proportional representative electoral model to advance the policy of inclusion in the decision making level.

The new features were given continuity from the present Interim Constitution-2007 with some changes and additions that was drafted following the success of the People's Movement-2006.

Since then, the country was governed in accordance with the interim statute for eight years as the first CA elected in 2008 couldn't deliver constitution despite the extended four-year-long tenure.

Frustrated by protracted transitional period, people desperately wanted a new constitution paving the way for the country entering into the new phase of development.

Though the endorsement of the new constitution has spread the message of optimism, it has also resulted in apprehension about sowing the seeds of another cycle of violence, particularly in the Southern belt of the country.

The boycott of some Madhes-based regional political parties from the constitution making process in the final stage and killing of over 40 people during Tarai protests in the recent weeks has instilled fear among the locals.

Political Analyst Sanjeev Pokharel believes the ongoing protests in Madhesh will fizzle out soon "as any rebellion without significant reason can't last long".

He claims that there is no substantial ground to continue protests in Tarai because the new constitution has adopted federal system, which is the major agenda of the Madhes-based parties. The new constitution also ensured the policy of inclusion, which is the other major issue concerning the Madhesi population.

"Had the major parties not been ready to go for federalism and adopt inclusion, people in Madhes would support protests," he said. "Launching aggressive agitation seeking minor changes is pointless."

He, however, was quick to add that the established political leadership and the state authorities must not make the mistake of ignoring some genuine grievances of Madhesi communities.

Pokharel finds the promulgation of the new constitution with the coalition of major political forces and the erstwhile rebel Maoist party quite a welcome development for the country.

The active participation of the UCPN (Maoist) party, which is one of the two sides signing the Twelve-Point Agreement-2005 and the Comprehensive Peace Accord-2006, has laid strong ground for conflict transformation and making the constitution sustainable.

The Twelve-Point Agreement-2005, the CPA-2006 and the Interim Constitution-2007 have remained the major keystones of the entire political course in establishing republic, integration of Maoist army, writing new constitution and federating the country.

Nepal's the then major parties and the erstwhile rebel Maoist party while signing the 12-Point Agreement had reached a broader political understanding to transform the conflict by drafting a new constitution through a CA.

Apart from writing new constitution the parties in the CPA had committed to integrate the Maoist combatants into Nepal Army, to restructure the country into a federal set up and to form Truth and Reconciliation Commission and the Commission on Enforced Disappearances.

While other issues were already settled, the completion of the constitution making process has taken the entire peace process toward its culmination as the statute also makes delineation of federal provinces and distribution of powers among the three tiers of governments – federal, provincial and local.

At the outset of introduction of the new constitution in the country, a large section of the society has become optimistic that the new statute will end the decade-long instability and lay the ground for economic prosperity. But, there are those who have their doubt too.

Advocate Dipendra Jha describes the major parties' failure to accommodate all the stakeholders on board the constitution making process as a major flaw in the entire process. It may leave an impression on the entire Madhes community that the establishment was deliberately alienating them from the historic task, he said.

"The major parties have started Deepawali [celebration] but the disgruntled sides have announced to stage black out at the same time," said Jha. "So, an environment has been created where one side is taken as winner and the other side as loser. This is unfortunate."

He believes that it’s still not too late to seeking a solution and that major parties can resolve it by reaching a political agreement on addressing their major concerns before promulgating the new constitution with a commitment to make changes in the constitution afterward.

"This will help create an environment where the entire country will own the new constitution," he said.
Pokharel is, however, quite optimistic.

He describes the conclusion of transitional period and the country's entrance into the new phase as Nepal's political reincarnation.

He is for taking the state restructuring as a work in progress and improving it based on practice. The new constitution has added four commissions – on Madhes, Tharu, Muslim and Indigenous communities – aimed at addressing their concerns with regard to state restructuring and other issues. Pokharel believes such measures can be helpful.

The new constitution can become instrumental in leading the country towards a new era if the political leadership manages to address the genuine grievances of Madhesi, women, dalits and various other communities.

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