Miscellaneous
Tumult around as constitution enters crucial final phase
With the Political Dialogue and Consensus Committee submitting its report after deciding the demarcation of federal states, the crucial phase of constitution drafting has begun.An end to deliberation on the PDCC report, which begins in the Constituent Assembly on Tuesday, will lead to the final version of the constitution draft.
If things go as planned, the country will get a new constitution by August-end. It however depends on how signatories to the six-province
deal will manage growing dissatisfactions within their own parties. If four major parties—Nepali Congress, CPN-UML, UCPN (Maoist) and Madhesi Janadhikar
Forum-Loktantrik—stick to Saturday’s deal, the remaining tasks of constitution drafting could move smoothly.
The parties have agreed to continue efforts at the PDCC to make necessary amendments on the basis of talks with the dissenting forces and lawmakers. In a bid to address growing dissatisfaction, which has given way to street protests in some parts of the country, the four parties have already started consultations with their CA members.
After deliberations among the CA members, the PDCC report will be forwarded to the Constitution Drafting Committee (CDC) for modification in the preliminary draft of the constitution.
CA Chairman Subas Nembang hopes the process will move forward smoothly, and all the processes would be over in two weeks. The CA Rules of Procedure provides room for incorporating the concerns raised by various stakeholders on the constitution till the last minute of its promulgation.
CDC Chairman Krishna Prasad Sitaula has sought six days to modify the draft, according to Nembang. The CDC will table the constitution draft as a Bill in the Assembly. CA members will then be provided time to register amendment Bills over particular sections or articles of the constitution.
According to the CA rules, members will get a week to register their amendment proposals. However, Nembang said the period could be shortened to two days subject to an understanding among the parties. Once the registration of amendment Bills is over, the process of clause-wise voting on the draft begins. If the existing four-party unity continues, clause-wise voting will not take long. When there is no need for paper voting, the Bill could be endorsed on the basis of voice voting.
But when more than 10 percent members demand formal voting, it is mandatory to divide the CA into two sides, said Chairman Nembang. The joint strength of Madhes-based parties and the RPP-Nepal does not exceed 10 percent currently.
In the CA, the parties cannot impose a whip on their members. The cross-party Janajati, Tharu, Dalit and women members could form an alliance for their common cause. In this case, the four parties may face difficulties in endorsing their proposal.
Though top leaders of the major parties have said public concerns on delineation will be addressed, it is not an easy task to address disparate demands. The demand of the cross-party Tharu lawmakers is hard to be met. If the Kailali district is split to address their demand, there will be protests by campaigners of the Undivided Far West.
Among the signatories to the six-province deal, there is serious dissatisfaction in the UCPN (Maoist) and the MFJ-Loktantrik. In Monday’s Parliamentary Party meeting, Madhesi, Tharu and Janajati CA members of the UCPN (Maoist) objected to the deal saying that the party had abandoned the identity agenda.
Tharu CA members in the MJF-Loktantrik have warned of splitting the party.
MFJ-L Chairman Bijaya Gachhadar, who signed the deal despite his reservations, remains silent on Tharus’ demand.
Voices of dissatisfaction in the UML are not loud though. Within the NC, Madhesi and Tharu CA members and some leaders from particular regions or zones have protested the deal. Vice-president Ram Chandra Poudel has called for restraint.
“We have taken these demands and concerns seriously. We will try to address them while preparing the final draft,” said Nembang.
Four Madhes-based parties—MJF-Nepal, Tarai Madhesi Loktantrik Party, Sadbhawana Party and Sanghiya Samajbadi Forum—have already launched protests in the CA and on the streets.
NC General Secretary Krishna Prasad Sitaula said the major parties were approaching the disgruntled parties and groups. “I request Madhes-based parties to come to consensus terms. We can address their concerns through talks,” said Sitaula.
Sitaula said the government had initiated talks with the disgruntled groups. “Talks are on with those who have expressed reservations about the boundaries of the states,” he added.
UCPN (Maoist) Chairman Pushpa Kamal Dahal on Monday said the delineation could be altered to address the demands of the Tharu, Dalit and Janajati CA members. “Let me make a commitment to address the concerns while finalising the constitution,” Dahal told a delegation of the Federation of Nepali Journalists. “There could be modifications and changes on the delineation till the last minute of constitution promulgation.”