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This is an archive article published on March 5, 2010
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Opinion Writer’s block

It seems like both warning and encouragement. Beginning with India,representatives of the international community are asking...

March 5, 2010 01:37 AM IST First published on: Mar 5, 2010 at 01:37 AM IST

It seems like both warning and encouragement. Beginning with India,representatives of the international community are asking the government and political parties in Nepal to stick to the May 28 deadline for promulgation of the new constitution. But going by the preparation,or lack of it by the constituent assembly,the possibility of the “people’s” constitution meeting its deadline appears remote. The interim constitution states clearly that the constituent assembly shall cease to exist on May 28 — the rigid deadline for promulgation of the new constitution. The failure to enact the constitution will mean that the achievements of the April 2006 movement — federalism,secularism and republicanism — will remain far from being institutionalised.

With the monarchy gone,the responsibility for this grand failure will have to be borne by the three major political parties — Nepali Congress,Maoists and the Communist Party of Nepal-Unified Marxist Leninist (CPN-UML). And the three are divided on what to do next. The heads of the three parties — G.P. Koirala (Nepali Congress),Prachanda (Maoists) and Jhalnath Khanal (UML) — are quietly pushing for an extension to the constitutent assembly’s tenure. That will mean having to dump the present government led by Madhav Nepal,by holding him solely responsible for meeting the deadline. Their prescription is to have a partial framework of the constitution by the deadline,and then have the House dissolved. But there are loud warnings from other parties against extending the life of the constituent assembly.

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Dethroned King Gyanendra received a rousing welcome when he paid a visit to two shrines last fortnight. Those who had swarmed the street in April 2006 against his takeover were at the forefront to receive him in the shrine. “Come back king,and save the country,” they yelled. Close on the heels of that,the Rashtriya Prajatantra Party-Nepal (RPP-N),the only party in the constituent assembly that has demanded a referendum on the issue of monarchy vs republicanism,unitary vs federalism and Hindu Nepal vs secularism ,organised a successful Nepal bandh to press these demands. RPP-N Chief Kamal Thapa,some one who was treated like a political pariah by the major political parties,quoted Gyanendra as saying “I had quit quietly to avoid violence and in the hope that political parties will act responsibly”. The message is loaded.

Moreover,the big three are undecided on the modality of federalism and governance that a future Nepal will adopt. The Maoists are rigidly averse to the concept of an independent judiciary and prefer a legislature that the judiciary would be answerable to. That means even an agreement on a basic framework of the constitution is a distant possibility.

So how does Nepal cope with this situation,and how will the international community treat the world’s newest republic? India told President Rambaran Yadav during his recent visit to Delhi that he,as head of the state,would have a significant role in enforcing the constitution which it (India) hoped would be delivered on time. But the role and power of the president still remains an issue of debate in Nepal,and Maoists have already said they would not accept a king in the form of a president.

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The only way to ensure that the Maoists don’t abandon the peace process is a strict warning from the international community,India included,that they won’t be treated like a democratic force if they don’t behave like one. Continued extortion by the Maoists,Prachanda’s recent call to his cadres to be prepared to raise arms for a decisive people’s war,and their stopping work on the 350 kilometre upper Karnali Hydro-project (in which GMR,an Indian company,was almost close to finishing the project work) are being cited as evidence of their anti-peace and anti-democratic face.

Maoists have reasons not to fear,though. The government is redundant,if the prevailing sense of insecurity is a parameter. At least 27 businessmen,including two media owners,have been killed and 68 abducted for ransom,apart from rising instances of child abductions and killings in the past one year. The country suffers from a 12-hour power cut daily,and industries are hampered by Maoist trade union demands to double employee salary. The government has failed to negotiate effectively. The chamber of commerce has warned the government that it would shut down if the law and order situation did not improve in a month. Even if the major parties wake up,writing a constitution may prove to be a mere formality,if there is no visible will to enforce it on the part of the major political parties.

yubharaj.ghimire@expressindia.com

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