Constitutional fiasco once again
Yuba Nath Lamsal
Parties missed one more deadline and also failed to live up to their promise made to the people during the election held in November, 2013. All political parties had made their promise public through their election manifestos and public speeches that they would give the country a brand new constitution within one year of the first meeting of the Constituent Assembly. One year passed on January 22, 2015 but the Constituent Assembly did not come up with the new constitution. It is one more cheating and betrayal to the people of Nepal by our political parties and their leaders.
With the Constituent Assembly failing to deliver the constitution within one year, political parties have started trading accusations and blames to one another. While the ruling parties—the Nepali Congress and the CPN-UML— are trying to hold the opposition parties mainly the Unified Communist Party of Nepal (Maoist) or UCPN-Maoist for delaying and blocking the constitution writing process, the UCPN-M and other opposition parties have blamed the ruling coalition to have delayed and tried to derail the constitution making process by rejecting the initiatives taken by opposition parties for settling the disputed issues on the basis of consensus and accordingly delivering the new constitution. Both the claims and counterclaims are partially true and partially bogus. But it remains to be judged what level of responsibility these parties have to bear in blocking and delaying the constitution writing process.
Let us first analyze on case wise basis as to how they are responsible and what their real intent was to bring or not to bring the constitution. Let us first analyze the position of the Nepali Congress, which is currently the largest force in the Constituent Assembly, viz a viz constitution writing and its promulgation. This party is the most beneficiary of the present political set up and arrangement. The Nepali Congress has both President and Prime Minister, which means it enjoys the real and absolute power. The Nepali Congress and its coalition partner—the CPN-UML— reached a nine-point agreement concerning power sharing prior to the formation of the present government. The agreement requires the Nepali Congress to hand over the leadership of the government to UML after the promulgation of the constitution. Similarly, it requires fresh election to choose new president, vice president and speaker of parliament once the new constitution comes into force. Although not clearly specified in the NC-UML agreement, it was gentlemanly agreed that the CPN-UML chief KP Oli will take over the leadership of the government while the present Prime Minister Sushil Koirala will be the new president. Similarly, they also agreed to share the positions of vice president and speaker accordingly. This was an agreement to share power between the largest and second largest party and rule the country jointly for full four years.
If constitution was promulgated within the promised period of January 22, Nepali Congress will be in moral pressure to quit the leadership of the government, which it does not want. The only way to avoid this situation is to delay the constitution writing so that it will continue to remain power. The inner intent of the Nepali Congress is to prolong the constitution writing process for another one or two year. By that time it may be able to reach out to the opposition party/parties to have a new coalition minus CPN-UML. Nepali Congress wants coalition and partnership with the CPN-UML only till the promulgation of the constitution. Once the constitution is promulgated, NC-UML partnership will be broken. At the moment, there has been polarization between the ruling and opposition parties on some key issues concerning the new constitution, while NC and UML have common position on these issues. Once these issues are resolved either through consensus or voting, the NC-UML partnership is most likely to be broken.
CPN-UML knows it well that NC will betray it anytime. Thus, it wants to create further gulf between the NC and other opposition parties to ensure that Nepali Congress will be compelled to continue its alliance with the CPN-UML. It also knows that the Nepali Congress will not respect the earlier agreement reached between these two parties for power sharing and will not hand over power so easily. Once the constitution was promulgated CPN-UML will have to be out of power because the Nepali Congress will not want it and NC will start to have different coalition probably with the UCPN-M. CPN-UML does not want to be out of power but to continue the present set up and arrangement, for which the constitution promulgation needs to be delayed further. The opposition parties namely the UCPN-M and Madhesi parties are neither in the government nor are they in the position to play instrumental role in incorporating their agendas in the new constitution. Thus, they do not want early promulgation of the constitution.
Thus, it becomes clear that parties were not prepared to deliver the constitution within the one-year deadline set by the parties themselves. Had they been serious, they would have settled the disputes long ago. But they did nothing to resolve the disputes and write the constitution in one year. Now they have started the alternative process only after the one year deadline expired. If they were really serious to give the constitution in one year, they could have settled these disputes either through consensus or voting long ago. Thus, all parties are responsible and they should stop trading blames.
Most importantly, the role of Constituent Assembly chairman Subash Nembang was not as responsible as it was expected. Nembang was a failure in the first Constituent Assembly as he could not sail the first CA smoothly to accomplish the mandated task. It was a mistake of political parties to choose someone who had proved to be a failure for the same position and with the same authority. The position Nembang held and is holding demands high-level of independence and neutrality and he is required to rise above partisan agenda and interest. But he has not been able to live up to this popular expectation. Opposition parties have already accused him of acting as a spokesman of the CPN-UML. The recent developments have created further crisis of confidence not only between parties but also between the CA Chairman and the opposition parties.
The assortment of all these factors led to the failure of parties and also the Constituent Assembly. Now people have even started talking about the relevance and validity of the Constituent Assembly and competence and sincerity of political parties. Thus, this impression has to be done away with by action of the political parties, their leaders and representatives in the Constituent Assembly and the CA chairman. They are in the crucial test in the eyes of the people and they are required to pass this test for the better future of the country and the people.
Parties missed one more deadline and also failed to live up to their promise made to the people during the election held in November, 2013. All political parties had made their promise public through their election manifestos and public speeches that they would give the country a brand new constitution within one year of the first meeting of the Constituent Assembly. One year passed on January 22, 2015 but the Constituent Assembly did not come up with the new constitution. It is one more cheating and betrayal to the people of Nepal by our political parties and their leaders.
With the Constituent Assembly failing to deliver the constitution within one year, political parties have started trading accusations and blames to one another. While the ruling parties—the Nepali Congress and the CPN-UML— are trying to hold the opposition parties mainly the Unified Communist Party of Nepal (Maoist) or UCPN-Maoist for delaying and blocking the constitution writing process, the UCPN-M and other opposition parties have blamed the ruling coalition to have delayed and tried to derail the constitution making process by rejecting the initiatives taken by opposition parties for settling the disputed issues on the basis of consensus and accordingly delivering the new constitution. Both the claims and counterclaims are partially true and partially bogus. But it remains to be judged what level of responsibility these parties have to bear in blocking and delaying the constitution writing process.
Let us first analyze on case wise basis as to how they are responsible and what their real intent was to bring or not to bring the constitution. Let us first analyze the position of the Nepali Congress, which is currently the largest force in the Constituent Assembly, viz a viz constitution writing and its promulgation. This party is the most beneficiary of the present political set up and arrangement. The Nepali Congress has both President and Prime Minister, which means it enjoys the real and absolute power. The Nepali Congress and its coalition partner—the CPN-UML— reached a nine-point agreement concerning power sharing prior to the formation of the present government. The agreement requires the Nepali Congress to hand over the leadership of the government to UML after the promulgation of the constitution. Similarly, it requires fresh election to choose new president, vice president and speaker of parliament once the new constitution comes into force. Although not clearly specified in the NC-UML agreement, it was gentlemanly agreed that the CPN-UML chief KP Oli will take over the leadership of the government while the present Prime Minister Sushil Koirala will be the new president. Similarly, they also agreed to share the positions of vice president and speaker accordingly. This was an agreement to share power between the largest and second largest party and rule the country jointly for full four years.
If constitution was promulgated within the promised period of January 22, Nepali Congress will be in moral pressure to quit the leadership of the government, which it does not want. The only way to avoid this situation is to delay the constitution writing so that it will continue to remain power. The inner intent of the Nepali Congress is to prolong the constitution writing process for another one or two year. By that time it may be able to reach out to the opposition party/parties to have a new coalition minus CPN-UML. Nepali Congress wants coalition and partnership with the CPN-UML only till the promulgation of the constitution. Once the constitution is promulgated, NC-UML partnership will be broken. At the moment, there has been polarization between the ruling and opposition parties on some key issues concerning the new constitution, while NC and UML have common position on these issues. Once these issues are resolved either through consensus or voting, the NC-UML partnership is most likely to be broken.
CPN-UML knows it well that NC will betray it anytime. Thus, it wants to create further gulf between the NC and other opposition parties to ensure that Nepali Congress will be compelled to continue its alliance with the CPN-UML. It also knows that the Nepali Congress will not respect the earlier agreement reached between these two parties for power sharing and will not hand over power so easily. Once the constitution was promulgated CPN-UML will have to be out of power because the Nepali Congress will not want it and NC will start to have different coalition probably with the UCPN-M. CPN-UML does not want to be out of power but to continue the present set up and arrangement, for which the constitution promulgation needs to be delayed further. The opposition parties namely the UCPN-M and Madhesi parties are neither in the government nor are they in the position to play instrumental role in incorporating their agendas in the new constitution. Thus, they do not want early promulgation of the constitution.
Thus, it becomes clear that parties were not prepared to deliver the constitution within the one-year deadline set by the parties themselves. Had they been serious, they would have settled the disputes long ago. But they did nothing to resolve the disputes and write the constitution in one year. Now they have started the alternative process only after the one year deadline expired. If they were really serious to give the constitution in one year, they could have settled these disputes either through consensus or voting long ago. Thus, all parties are responsible and they should stop trading blames.
Most importantly, the role of Constituent Assembly chairman Subash Nembang was not as responsible as it was expected. Nembang was a failure in the first Constituent Assembly as he could not sail the first CA smoothly to accomplish the mandated task. It was a mistake of political parties to choose someone who had proved to be a failure for the same position and with the same authority. The position Nembang held and is holding demands high-level of independence and neutrality and he is required to rise above partisan agenda and interest. But he has not been able to live up to this popular expectation. Opposition parties have already accused him of acting as a spokesman of the CPN-UML. The recent developments have created further crisis of confidence not only between parties but also between the CA Chairman and the opposition parties.
The assortment of all these factors led to the failure of parties and also the Constituent Assembly. Now people have even started talking about the relevance and validity of the Constituent Assembly and competence and sincerity of political parties. Thus, this impression has to be done away with by action of the political parties, their leaders and representatives in the Constituent Assembly and the CA chairman. They are in the crucial test in the eyes of the people and they are required to pass this test for the better future of the country and the people.
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