On ongoing peace process, constitution drafting and political developments in the country

Parmananda Aryal, Lecturer

Achham

Peace process in Nepal was accelerated being guided by the 12–point understanding reached between Seven Party-Alliance and the then rebellion UCPN Maoist. The agreement had been able to hold election of the Constituent Assembly in 2008. However, following the election political parties in Nepal have been involved in blaming each other, rather than clinging to the constitution writing process, in such a way that there has developed distrust among them resulting in political deadlock.

 

Although the parties, either in the governance or in opposition, express that they are there in the CA for easing the everyday life of the people through state restructuring, the Constituent Assembly has not been utilized by them for the purpose. To work as per the mandate of People’s Movement II for drafting constitution by putting the temptation of power and position behind is to understand people’s trials and tribulations, however, the parties have failed to do so.

 

No sense of repentance is seen on the political parties even when they couldn’t accomplish entrusted job of constitution writing on time and there has started to surface public frustration that people have been brought into play as the ladder. So, one can’t be assured that constitution will be drafted. It is too crucial for the parties to work honestly remaining detached from personal and party interest by showing heightened sense of responsibility towards the country. The parties have to be able to acknowledge their commitments and have to have high opinion towards people and nationality. The party having war at its background has to be able to transform itself as per the popular will and democratic way, this will be helpful in avoiding  disbeliefs seen among the parties and will enable them to reach to the destination.

 

Rather than abiding by the agreements and accord signed earlier, parties have measured those agreements and accord with their own yardsticks. Obsessive preoccupation towards post and power, failure to incorporate politics with socio-economic and geographical situation of the country, lack of willingness and knowledge as to drafting constitution and restructuring state are primarily responsible for the standstill  seen at present in the country.

 

The issues like restructuring of the state, combatants’ integration and management have been shadowed portending that instability will continue in the country. At a time when the country is under transitional phase, rules and regulations are difficult to be operational and a country is in the phase of constitution drafting, consensus and collaboration is a must but parties have opted for arithmetic solution of the present problems. This will further deteriorate the problems of the country. Formation and dissolution of governments in an unnatural way will distance the people from the leaders.

 

It has been expressed by the concerned oftentimes that almost seventy percentage of work of constitution writing has been over. However, primary and sensitive issues like state restructuring, determining the form of the state, integration of the Maoist combatants have not made any headway so far. So, my view is that seventy percentages of works is yet to be accomplished.

 

1285321532R. Pokhrel, Social Worker

Chitwan

Nepal had taken the course of conflict due to inability of the state to address people’s grievance and problems. When right approaches were not adopted in solving the induced conflict; country had undergone an escalated violence for long. But, when Nepali society couldn’t agree to killings and violence of conflict, it had taken the course of peace and reconstruction again following the Comprehensive Peace Agreement (CPA).

 

Peace is requisite for stability and economic progress of a country. Though not to the level of people’s expectation, there has been some progress towards restoring peace following the signing of the CPA.

 

Almost two months have slipped away even after the extension of the tenure of the Constituent Assembly. However, tug of war among the political parties and leaders as to who will be the Prime Minister is still going on digressing from the important issues. Contrary to the purport of many, stalemate has continued even after the PM Madhav Kumar Nepal resigned. Major three parties have claimed premiership under majoritarian system and such tendencies have further obstructed the ongoing peace process. So, it can’t be assured that constitution will be made within the given time.

 

Rather than accomplishing constitution writing task within the stipulated time by agreeing on the issues like integration of the combatants, determination of the forms of the governance, restructuring of the state and solving similar other tasks as mentioned in the CPA and other agreements, government has been unable to carry out even the regular functions effectively. It is also heard that present stalemate in the country has emerged due to conflict between the forces that want constitution and the other who don’t, but, if all the responsible parties show high political will power, constitution can be written within given time. It seems that parties have been unable to safeguard the achievements of the People’s Movement II and have also failed to abide by the agreements and accords signed by them earlier. There are ample grounds to be cynical- whether such accords and agreements were deceptions only!

 

Whatever has been achieved so far is due to consensus forged among the political parties. Now, consensual politics has not been adopted so overall peace process has been stalled. It is the consensus that brings diverse political parties having contrary policies, programs and modus operandi together.

 

1285321667Padamsaran Regmi, Associate Professor

Kaski

The principal political parties are incessantly striving to mold and transform state mechanism as per their corresponding political beliefs, philosophies and principles. Primarily, Maoist party is seen centered on utilizing the overall peace process as its strategy to implement its political principle of war time- single-party authoritarianism. Reluctance of Maoist party to relinquish this strategy has further intensified the fear on the other political parties. Maoist couldn’t be guided democratically whether it was in the governance or in opposition. Dilly-dallying in integrating its combatants, reluctance to return the captured properties, land and buildings, denial to acknowledge pluralism, intention to curb the independent judicial system and many other behaviors and incidents have made the other political parties view the Maoists cynically.

 

The on-going peace process in Nepal has been put on the line due to behavior and principle of the Maoist party that has been clinging to old ways of using force rather than abiding by the signed accords and agreements. However, accomplishment of Constituent Assembly election, emergence of rebelling party as the largest party in the Constituent Assembly agreeing to adopt democratic norms for the transformation, discharge of the disqualified Maoist combatants form the cantonments are some of the markers that make us optimistic.

 

Following the election of the Constituent Assembly the activities of the political parties have centered on power politics and it seems that prime agenda of the country, constitution making process, has been put to oblivion. Parties haven’t felt any sense of compunction, rather; the parties are split over the issues in such a way that they haven’t been able to find out a common ground for the formation of consensus based government.

 

Problem lies with the UCPN Maoist. It hasn’t been able to acknowledge democracy and its fundamental elements that are acceptable universally. Expression of some of the senior leaders of the UCPN maoist shows that they have paid only lip service to democracy. If the political parties remain divided over the crucial issues of constitution making like form of the governance, state restructuring, federalism and democracy, parties won’t be able to forge consensus. Popular expectation is that at least on the aforesaid basic issues parties representing in the Constituent Assembly should be able to forge consensus.

 

It seems, some forces including the UCPN Maoist party are trying their utmost for making constitution making process a failure thereby inviting instability in the country.

 

One can express agreement and disagreement under democracy. Urgency of the time is that parties have to be able to put aside their agendas and differences for the sake of constitution drafting process, whereas, the concerned parties haven’t been able to do so. Country cant be the victim of indecision. Primary focus of the parties should be on developing the culture of consensus.

 

1285321951Sunil Shrestha, President, Appellate Court Bar Association

Banke

It seems that the on-going peace process in Nepal is heading towards its destination positively. At this moment in time party leaders bearing responsibility for succeeding the peace process are expressing their commitments and are seen striving for the purpose. However, even after the extension of the term of the Constituent Assembly parties are divided rather than working together for the out-let of existing deadlock. It is not unnatural that parties are divided in course of their attempts for the consensus, collaboration and formation of joint government. But, it is sure that prolongation of such division among the parties on the issues won’t be helpful for finding political out let in the country.

 

Problem started from the time when parties failed to form a consensus based national government at the time of forming government right after receiving the result of the Constituent

 

Assembly election and couldn’t keep their party- interests behind. Giving continuity to consensus based politics would certainly ease the constitution making process and could provide constitution on time. Nepal has undergone a sea change, however, political culture on the part of the parties couldn’t be developed as per the changing situation. Rather than working together acknowledging the peace process as the central agenda parties are involved in a tug of war for the post and power by consolidating a culture of  undue competition and they have not been able to converge for the way out.

 

Despite the arguments of some that present situation is the result of conflict between those who want constitution and who don’t, every party is in need of new constitution. However, it is likely that some persons and parties are keen to push back the constitution making process. Such tendency will ultimately be detrimental for them. Present delay in the formation of government following the election of Constituent Assembly and the formation of majority government are equally responsible for not achieving on time what we expected. Optimistically, we have achieved many things as per our expectations. Submission of reports by different thematic committees of the CA, extension of the tenure of the CA, regular discussions among the parties for the integration and management of the combatants are the main achievements. Similarly, the unanimous decision of the CA members for the declaration of Federal Democratic Republic of Nepal and its implementation are very important achievements. Of course, constitution writing process couldn’t be finished on time; however, it has not been delayed to the extent that one has to be desperate.

 

Whatever has been achieved so far were possible due to the practice of consensus and collaboration. Consensus among the political parties at present is a must.

 

1285322099Dinesh Shrestha, General Secretary

Elite Club Biratnagar, Morang

 

Prime concern of today is to succeed the ongoing peace process and to write constitution. However, peace process hasn’t been able to gain momentum due to distrusts among the political parties, their shortsightedness, incompetence and excessive desire of post and power. These are the factors for creating present stalemate in Nepali politics. Nepal at present is undergoing a horrendous political position. Belief of people on the political parties has been plummeted to negative point, parties have budged ideologically, have construed the things in a self-centric way and leaders have developed consumerism in their lives remaining insensate towards national problems. Above all, parties have failed to manage and execute political authority properly.

 

It seems that despite their acquiescence over the issues like Constituent Assembly, federalism and republican set up, democratic forces in the country are seen reluctant to acknowledge such changes. In the mean time, inability of the UCPN Maoist to fully relinquish violence and to subsume itself into the democratic mainstream is a challenge at this moment in time. Bitter reality is that even after the defeat of the center of feudalism, remains of it are still in effect. Because people at the lowest rung of political structures of all political parties and many of the political leaders at the top level are still striving for the new constitution, it can be hoped that we will get new constitution. Declaration of secular and republican set up, election for Constituent Assembly, provisions of inclusive and federal structure and beginning of serious debate at the grassroots level on state restructuring are great achievements so far. Challenge now is how to institutionalize and consolidate them.

 

National consensus for the formation of government is indispensable and we have pleasing experience of adopting consensus in the past. This is high time that we shouldn’t be enmeshed over majority and minority provisions as to forming government.

 

The problems with us at hand are not indomitable. Political honesty, managerial proficiency and strong political will power, are needed to do away with the problems.

 

– Views expressed here were collected from the districts through Regional Offices.