Tenure of the Constituent Assembly: Extension, Extension ......

Govinda Neupane

Why the Constituent Assembly (CA) again failed to complete the constitution writing process? Many people believe that due to fighting among political parties and infighting within them are the major reasons. Some others say that it is due to Unified Maoist's reluctance to detach itself from its combatants. Some fertile minds cultivate reason and tell us that there is foreign hand. Some leaders say there is conspiracy to dissolve the CA and they are creating hurdles to stall the constitution drafting process. Hence, it would be absolutely necessary to look deep why the constitution is not ready.

The major issues that had contributed to the starting of the decade long "people's war" and the people's movement of 2006 included but not limited to political freedom, economic development and social justice through inclusion and participation. To institutionalize these strategic objectives, it was agreed that a new constitutional mechanism should be designed and for that purpose the election of a CA would be the best course. Hence, the election was organized and a grand CA came into existence. The tenure of this assembly was of two years, and when the assembly failed to produce the desired result the life of the assembly was extend for another year.

After sidelining the king, the CA declared Nepal a republic. Also, it concluded that Nepal will be a federal state. However, it failed to state on what basis the federal structure will stand on - geography, economic viability, nationality/ethnicity clusters, and combination of all or something else.

Hence, inability in agreeing on the restructuring of the state by designing a system that insures social inclusion and no interest in creating an operational framework that brings into full play the rights of indigenous and/or oppressed nationalities, marginalized sections and working class people are some of the major factors that have been contributing for the failure to finalize the constitution. In such background, federalism becomes one of the issues of prime importance.

The people, particularly the indigenous people and Madhesis have been facing discrimination in areas of language, ownership, opportunities, representation and governance. They want their rights back. To ensure that their grievances are addressed appropriately and positively, they should get the opportunity to govern themselves in a very autonomous way with the right to self-determination. Unfortunately, nearly all top leaders of major political parties are high caste hill Hindu Khasa males, who have failed to feel the discriminations against and sufferings of the oppressed sections of the people. Moreover, their control over power may erode, and thus, they are most reluctant to design a federal system where power is highly decentralized. Now, they need time to dilute the aspirations of oppressed people with frustrations so as to design a system of their likings that could be a nominally federated mechanism more in line with Mahendra's zonal system or Birendra's regional system.

The other unresolved issue was the reservation or special rights for marginalized sections of the society including Dalits, indigenous peoples and Madhesis, and women. Inclusion of marginalized sections into the mainstream needs bold steps to incorporate in the constitution. The reservation for women and Dalits and reparation for the Dalits are some of the critical issues. The Khasa male mindset of the troika prevents them moving forward. At the same time, they cannot deny the needs of such provisions, and they simply prolong the life of the Constituent Assembly to buy time.

Similarly, the large working class majority has been expecting change in their conditions. This needs a constitution that overtly favors working class majority, excluded sections and oppressed nationalities/ethnicities. However, the leaders either have come from higher class back ground or have amassed wealth and have elevated to higher class. They are not in need of the change which is transformative and creates environment for radically new power relationships. If there is no new constitution, the leaders could pretend that they are with the people whilst enjoying lives of aristocrats.

Democracy is one of the most misunderstood political terms in Nepal. Nepal, as a country, was never democratic, neither it is today. The Shahas had the dictatorial rule that followed by similar rule of Ranas. When such rule finally was over in 2006, the people got a dictatorial rule of a new troika (sometimes a gang of two or sometimes only an individual lord). This troika collectively and/or an individual behind the curtain or openly have been ruling Nepal for more than four years. The brigade of 601 at Baneshwor is functioning just as the participants of a public gathering. They are there to listen and to clap. Due to the troika or the individual lord taking all decisions, the CA has been functioning as a rubber stamp. May be a large majority of the CA members feels powerless, sees their role ornamental and experiences humiliation when the people throw stones on them. Designing democratic constitution by the most undemocratic troika is an uphill task, if not impossible.

Every big leader has turned to be a liability for him. This has created fear factor within them. In the same degree, their parties also are not confident that they will be able to grab better opportunities next time as their credibility factor is too low. In any case, there will be much less number in the legislative assembly, if a constitution is finally ready. Hence, slaughtering the constitution writing process and prolonging their stay in power is in the interest of the parties of the troika.

Also, the Unified Maoists are being composted and they need time to go through the decomposition process. They have taken the familiar UML route with much better speed. However, the compost needs time to be ready to be used to make the parliamentary system greener. The westerners know this better and as experts of time, space and processes, they are advising to extend the tenure of the CA and are funding too.

Due to the reasons as mentioned above, the government has proposed to extend the tenure of the CA for one year now, and the future extensions are open.

Is there any chance that the people or parties or parliamentarians could snatch power from the troika and complete the constitution writing process?

The people are very much frustrated. Hopelessness, generally expressed as "Jun Jogi Aaye Pani Kanai Chireko" (everybody is the same), has been encrypted in their mind. May be, not because of no constitution, as it is too abstract for them, but because of anarchy, lawlessness, scarcity of essential commodities and sky rocketing prices, the people will come out boiling with rage. When the lion is out of a cage, it is really out. Similarly, when parties start becoming parties and not the fiefdoms of the patriarchs, they may revolt against. And, when the parliamentarians start feeling really as a humiliated lot - powerless and frustrated, they may start ventilating their anger that could progress to some sort of revolt. These three are the positive factors that could help bringing out a federal, inclusive, democratic and progressive constitution. The alternative is foreign instigated or locally staged coup. This will add even more darkness; however, the troika rule is heading towards that direction. Let's try to bring synergy and build collaboration among people, parties and parliamentarians to prevent further darkness and to take our country to peace, progress and prosperity.
May 13, 2010