Opinion
Hope and caution
Whoever sincerely reads the constitution cannot overlook its inclusive and democratic featuresAfter eight years of debates, tireless efforts and occasional squabbling among the parties, the Constitution of Nepal 2015 was promulgated this year. It has fulfilled long cherished democratic aspirations of the Nepali people and brought a dawn of hope and bright democratic future. The Nepali state together with the Nepali people has to implement this document. The constitution is a major breakthrough not only for the institutionalisation of federal democratic republic but for completing the traumatic phase of transition as well. In the Constituent Assembly (CA)—for which the Nepali people cast their votes twice—the elected members had to pursue a rigorous course of participation and debate. People in general also had widely participated in the constitution making process. Even the opinion of the Nepalis residing overseas was solicited and thoughts of various international experts and intellectuals were studied and collated during the long constitution making process. Despite the unique democratic inclusive formation of the CA, political parties, state mechanism and the CA itself had extraordinarily carried out debates and discussions covering all shades of life. Against this background, it is a matter of astonishment when some cynical and disgruntled people argue that the constitution was promulgated without proper debates while some self-proclaimed pundits and their saviors unhesitatingly utter that the constitution was brought without the participation of the CA members and the people at large.
Unprecedented democratic process
There is no reason why any country should lag behind to admire the principles of peace, prosperity, equality and good friendly relations with all countries, especially with neighbours, enshrined in the constitution. No constitution in the world was perfect when it was endorsed, and required amendment afterwards. Thus, even Nepal’s constitution can be tuned according to
the best interests and needs of the country and people.
When compared to the past constitutions of Nepal and most democratic constitutions of the world, no sensible person can refute the inclusive, people-oriented, human rights-based and democratic features of the statute. The document successfully gives topmost priority to national interest, unity among the people, social harmony, rights,
equality and dignity to all. Only a biased person or groups having ulterior motives can ignore these constitutional arrangements. It has not been difficult for the patriotic people of Nepal to smell a rat in the anarchist and violent activities spearheaded against the constitution. Some glaring questions arise while some groups undermine the sovereign decision of the CA: what would be a democratic process to bringing a new constitution beyond the participation of 90 percent of the CA members? Why is the participation of 17 percent of members from the Tarai-Madhes in the CA not counted as Madhesi voice?
Whoever sincerely reads the constitution cannot overlook the inclusive and democratic features of the document: election system based on proportional representation, a long list of fundamental rights, provisions of federalism with seven provinces, independent judiciary, rule of law and different commissions for marginalised groups. Moreover, national cohesiveness of the constitution is reflected in the provision that calls to respect and safeguard all cultures, languages and communities in the country. Undermining such a constitution, even further launching unbridled agitation combined with violence and chaos, is to disrespect the people’s verdict. Furthermore, acts of blockade of customs and transgression of no man’s land along the Nepal-India border, destruction of public property, attacks on security personnel, government offices and elected
representatives cannot be justified. Such acts are inhuman in the eyes of all sensible people inside and outside the country
while the nation itself is facing enormous hardships in the aftermath of the destructive earthquake.
National awakening
The overwhelming majority of the population welcomed the promulgation of the constitution. Opposition from those who did not participate in the CA election was understandable. But the dissenting voices, based on unfounded allegation, from those parties that fully participated in the CA election and the constitution making process were wrong. Violent activities, in violation of law and democratic norms and values, of those groups in the name of inclusivity and identity are in fact logically directed against a fledgling democracy and people’s unity in Nepal. It is needless to say that no one can have identity and dignity if the country itself faces a danger of losing its dignity and identity. Attacks on the patriotic feelings and actions of both the state and its citizenry are tantamount to betraying the nation. The basics of patriotism are always universal: protection of national interest and dignity, sovereignty, territorial integrity, unity, social harmony, rights, security and prosperity of the country and its people. Condemnation of these elements in any pretext is to disregard national independence and dignity. Condemnation and denouncement of national heritage and assets are in fact treachery to the country and people. Nepali people have to determine their destiny by themselves.
A declared custom blockade by the Madhesi Morcha and a parallel undeclared blockade by the Indian government at the border points have provided a wakeup call to Nepal. Most of the Nepalis, except those who are motivated by parochial vested interests, now strongly feel the need for trade diversification and domestic production of essential goods. It is a positive lesson from a negative situation. One can easily gauge the national awakening for doing determined work to protect the country and people from natural disasters like the earthquake and the blockade. The Nepali state and conscious civil society should move ahead with synergy to transform the national awakening into national strength for the benefit of the country and its people. 2015 has thus brought hope to all Nepalis, but at the same time has ringed a bell of caution to safeguard national interest, sovereignty, integrity, unity and social harmony.
Rawal is deputy prime minister and minister for defence