These are interesting and despairing times for Nepal politically, as the nation's leaders, both in government and without, have candidly admitted that the April 25 earthquake and its aftermath, has pressured them to deliver an acceptable Constitution to its citizenry.
They have indirectly admitted that not fast-tracking the announcement of a new Constitution could put a stop to incoming quake-linked aid from international donors, and also convince an already agitated general public to have a rethink on who best represents their interests and can resolve their existing woes.
In the week gone by, representatives of major political parties, including from the Nepali Congress (NC), the Communist Party of Nepal-United Marxist-Leninist (CPN-UML), the United Communist Party of Nepal (Maoist) (UCPN-M), the Rastriya Prajatantra Party-Nepal (RPP-N) and Madhesi parties have spent hours and days debating and disputing on various provisions of the draft Constitution, and, at the time of the filing of this report, a 16-point understanding has been reached to promulgate a new Constitution before August 5.
These parties have reportedly agreed to place the first draft of the Constitution before the public for a limited period of up to twelve days to fast track the process back to the Constituent Assembly and the Constitutional-Political Dialogue and Consensus Committee where, the necessary amendments could be carried out in the draft. Signatories to the 16-point agreement have said the new Constitution can be promulgated between July 31 and August 5.
However, dissenting outfits such as the Sadbhawana Party, have warned that Madhesi parties of Nepal's Terai region, will launch protest programs, including blocking of basic supplies to the Kathmandu Valley if their demands don't feature in the final draft of the new Constitution.
The issues that have reportedly been resolved are (1) No fixed date for the holding of local polls (it was earlier declared that polls would be held six months after the commencement of the new Constitution); (2) Not to include any immutable provisions in the preamble; (3) Acceptance of 33 percent representation for women in Parliament; (4) No forced religious conversion and (5) A better understanding of who will be eligible for Nepali citizenship.
What is yet to be resolved is whether judges would have to be reappointed after the new Constitution is declared and whether there should be a threshold for seats for each political party under the proportional representation electoral system.
Nepal's Home Minister Vamdev Gautam told this ANI correspondent in Kathmandu during an interaction over this weekend that, "We want to declare the Constitution within a month. We can definitely announce it within two months. In all, four key parties are involved - two within the government (NC and CPN-UML) and two outside (UCPN-M and RPP-N). There are other smaller parties. Ninety percent are in favour of declaring the Constitution, but the smaller parties are disturbing the process of promulgation. All of us are in the negotiating process, and I do expect this opposition to continue for some more time.
"I don't believe any nation can survive or exist without a Constitution. We have to create it. We have to declare it," he added.
When specifically asked to comment on media reports that the earthquake is forcing Nepal's politicians to ensure a rapid announcement of the Constitution, Gautam told ANI, "We are using this calamity to get the Constitution. This earthquake has unified the entire nation. We cannot delay, as this is a message passed in Parliament. We will seek a referendum from the people, but we must also understand that there is still a long process for adoption."
The new Constitution, he said, would have features that exist in the Indian, the U.S, and other nations' Constitutions, but in the end would be uniquely Nepali.
Khadga Prasad Sharma Oli, Chairman of the CPN-UML, echoed similar sentiments during an interaction with a visiting Indian media delegation last week, when he said, "We are going to form a national unity government within the shortest possible time after acceptance of the draft Constitution. Donor agencies have promised to give more funds as and when required. The planning, however, must be Nepali. Nepal is a sovereign nation and will act accordingly. Reconstruction work will not suffer because of the drafting of the Constitution. This tragedy has brought all parties of Nepal together. Ideologies notwithstanding, all parties are one in getting the relief and rehabilitation process on line."
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