There’s No Option but to Move Ahead Based on Consensus
Peace process in Nepal has been undesirably protracted. Writing constitution has also been slowed down being intermingled with several other key issues of overall peace process and, lately, being hooked up with the formation of the government. Amidst the situation that people have been cynical and unconvinced as to the matter that the ongoing peace process will fructify as expected and the people will get constitution within the extended tenure of the Constituent Assembly, INFORMAL had talked with the Chairperson of the Constituent Assembly, Subhash Chandra Nemwang on the issues.
Even after one year extension of the tenure of the Constituent Assembly (CA), current political stalemate has not been broken and political parties are still divided. How do you analyze the present situation?
The differences of opinion among the political parties, especially the acridities and politically connected disputes seen among the parties lately have totally obstructed the constitution making process taking us back to the situation before 28 May. There have also been many attempts to beat such obstructions; however, problems haven’t been solved. Recently, the long existing disputes among the political parties have been manifested differently coming to be connected with formation of the government. Viewing from the angle of succeeding the ongoing peace process and writing constitution on time, this is not a desired situation in the country.
What do you think are the main factors for creating present stalemate?
I had talked in detail on this issue in the meeting of the Constituent Assembly on 18 July. Incongruities seen among the parties are of political nature. For instance, the issue of combatants’ integration and other issues embedded with peace process and formation of the government are the disputes among the political parties. These have been central issues for the parties to dispute and have also been the causes to obstruct constitution writing process.
You just said that parties have disagreements over several issues including the integration of the combatants. Are these issues too disputable and complicated ones or vested interest of the parties have made them so?
I think that these problems are mainly connected with distrust among the parties especially between the major ones. In the past, when the parties trusted each other well, the leaders at that time would instantly find solutions even of the huge problems. Now parties distrust each other. They reach some agreements, but start to construe the agreed issues subjectively at the time of implementing them. Parties have to reflect on this matter. Now, congenial relations among the parties have turned into so acrimonious and they distrust each other. Such situation has been responsible for the disagreements.
Many have started to argue that present situation is the result of conflict between those who want constitution and who don’t. How do you assess this view?
No parties, while speaking publicly and talking with me and also at the time of formal and informal meetings, have put forth their views the way this question has been raised here. This shouldn’t be understood that present situation is the result of conflict between those who want constitution and who don’t. All the parties have expressed their full commitments as to writing constitution. But, problem is that their commitments haven’t been experienced by the people through implementation and it is also true that there lack realistic attempts among the parties towards this end. Such reality has allowed space to the cynics to raise such questions.
What has been your role as the Chairperson of the CA in coordinating and dealing with these complicated issues?
These issues are intimately connected with overall peace process and are politically linked with constitution writing process. However, peace process doesn’t fall under the responsibility of the Constituent Assembly. This is the responsibility of the government. So far as the issue of constitution writing process is concerned, we are in need of high-level understanding among the parties to write constitution on time. I have been reiterating this view and this is the reality as well. By this point of time so many key jobs have been carried out, however, constitution couldn’t be made within the given time. This is the urgency now to complete constitution writing within the remaining time. On the one hand, we have huge achievements and on the other equal challenges are there with us. Institutionalizing the achievements is also a challenge now. Despite such difficulties we have been able to come to this phase of constitution writing achieving many things significant and accommodating diverse views and parties in this process. Positively, we have been able to keep the foundations for proceeding ahead intact. Negatively, we couldn’t accomplish all the consigned jobs in time. Regarding what we failed to achieve within the given time we have expressed our self-reproach addressing to the Nepali people through the meeting of the Constituent Assembly on 18 July. The foundations we have kept intact if are used as the medium of moving ahead, I am sure, we can make peace process a success and can write constitution within the extended time.
You have been expressing that it doesn’t take total extended one year’s time to accomplish the task of constitution writing. Isn’t it a too optimistic view?
On the night when the tenure of the Constitutional Assembly was extended, I had spoken to the media to make my views public. Though the tenure of the CA has been extended by one additional year, it doesn’t mean that we have to exhaust total time. It is wise to complete constitution writing process as early as possible. I discussed this view with the political parties and they agreed on this. Then, the parties agreed to complete writing constitution within 13 April 2011 and constitution drafting schedule was also issued accordingly. It was quite encouraging and pleasing. However, following 28 May political parties couldn’t be able to move ahead abiding by the agreements reached on that night and there still exist disputes and disagreements among the political parties.
Amidst negativity and distressing situation we have come to a positive result as the result of my frequent meetings with the top level leadership of the parties after 28 May. The positive result is that all the parties have agreed not to disrupt the constitution writing process in any pretext and also agreed to put forth no pre-conditions in relation with writing constitution. The parties have also agreed and expressed their commitments with me that they will have attempts to forward constitution writing process unimpeded. Hopefully, the parties will keep their promises and amidst the existing political differences among the parties, constitution writing process will gain momentum.
Technically speaking, what did we accomplish so far regarding constitution writing process?
As to drafting constitution we established a process and mechanism. For the first time in Nepali history directly and indirectly, we collected and accepted the views and suggestions from the people as to constitution writing process. We got hundreds of thousands of suggestions from abroad as well personally and institutionally. We reached to the peoples across the country, down to the village level, making 40 groups. And the study, analysis and synopsis of the suggestions were included in every reports based on which concepts and preliminary drafts were designed by all the thematic committees of the CA.
Deliberation on the issues raised by the committees has also been completed by the meetings in the CA and it was quite fruitful to identify the differences among the parties over the issues. Then continuous formal and informal discussions were held among the parties to iron out the differences so that all the parties could reach to a common conclusion. I myself was involved in the discussions. The discussions could pass three drafts and was sent to the Constitutional Committee for the integrated draft. The Constitutional Committee is ready now with the bases for the integrated draft. And, the committee formed for the collection of people’s view has made a work plan. However, in course of passing reports there appeared disputes among the political parties in eight of the reports. Afterwards, combatants’ integration issue was raised connecting with the formation of the government then the disputes got intensified and soared thereby disrupting the constitution making process.
About 75-80 percent work has been completed. To complete the rest political parties have to sort out the differences seen among them regarding constitution writing. On this background and hope I have been expressing my optimism that we can write constitution within extended time.
Some experts now have started to repent that we committed mistake by not forming Legislative Parliament and Constituent Assembly represented by different persons. Have you felt any such difficulties due to the provision that the same persons are the members of CA and the Legislative Parliament?
In course of analyzing over all issues in the Constituent Assembly meeting on 18 July this facet of our experience was also discussed. Legislative Parliament has opposition as well whereas it is not in the case of Constituent Assembly. Being too cautious we made separate regulations for the legislative parliament and the Constituent Assembly. We incessantly endeavored that Constituent Assembly shouldn’t be influenced by politics and, tellingly, the Constituent Assembly has not been obstructed even a single day whereas Legislative Parliament was obstructed more than five months. The same political parties have representatives in the Legislative Parliament and in the Constituent Assembly as well and the representatives are also of the very parties. This is our experience that proceedings in the legislative parliament certainly, though indirectly, affected the proceedings in the Constituent Assembly.
Though Constituent Assembly is for writing constitution it has to work responsibly also as the Legislative Parliament as provisioned in our constitution. Certainly, complications seen in the Legislative Parliament have indirectly affected the constitution writing process
It is likely that again consensus based government is not going to be formed whereas we have the experience that we accomplished more at the time when we had consensus based government. Don’t you think that in the absence of consensus based government problems will remain as they are today?
It is crucial that we have to move ahead based on consensus among the parties. I have been raising and reiterating this issue from before we held election for the Constituent Assembly. I even had expressed that parties needed to go for election together for the Constituent Assembly. Parties agreed on this theoretically, however, they couldn’t translate into implementation. If that we were able to do so we wouldn’t face the present situation, I still believe that at least by another election under the new constitution parties have to work together with heightened sense of consensus. There is no option but to move ahead based on consensus.
Given the situation that we have already experienced two majoritarian governments, I have maintained we have to opt for consensus. So, even after the ending of consensus based process I urged the parties to form national consensus based government by establishing foundations for it and by totally abiding by the agreement reached among the parties on 28 May. I also urged, even when majoritarian process started, the parties to have only one candidate through political understanding so that we could forge consensus among the parties for the consensus based national government. I still maintain this. If this is not possible, who ever is elected as the Prime Minister in a democratic way s/he should be the Prime Minister of all and all the parties have to join the government under him/her. Emphatically, politics has to move ahead based on consensus for peace and timely constitution drafting.
How do you view the role of the civil society these days?
Civil society has been incessantly rendering positive role at the time of movements, transitions and in this process of constitution writing. It is necessary that civil society has to be more active for the purpose of bringing political parties to consensus. It has been commented that civil society has not been as active as they had to be. I urge the civil society to remain always on the go.
Also as a senior lawyer and an active promoter of Human Rights, how do you ensure us that the new constitution will be Human Rights- friendly?
Personally I am committed that there should be foundations to translate the theoretical norms and values of human rights into practice. I have been sharing this view with all and I am pleased and encouraged that parties and the leaders there have been found committed on this issue. I don’t see any differences among the parties regarding establishing bases as to guaranteeing human rights through the forthcoming constitution. So, I am sure that new constitution will be human rights-friendly.
How do you envisage the future in terms of constitution writing process, over all peace process and formation of the government as well?
Parties and their leaders know well what the main difficulties and challenges of the time are. The country has reached to this phase passing through difficulties and challenges. Some days ago I used to ask to myself- whether this country is heading towards perilous path. We are here through that danger. Parties have experienced it and know it well. I am hopeful that the parties will converge for the constitution keeping the experiences of the past in mind. Parties, at the time of meetings and gatherings initiated by me, have expressed very clearly their commitments that they would not disrupt the constitution writing process in any name and pretext. So, I am hopeful, things will go as expected.