Just 100 days are left to promulgate a new constitution and conclude the peace process -- a Herculean task, given intra-party conflict and sharp polarization among parties, especially after formation of the Khanal government.[break]
“I can´t say the constituton can be drafted within three months. All I can say now is we can promulgate a new constitution through the Constituent Assembly should the parties arrive at a consensus on our constitutional destination,” argues Constitutional Committee (CC) Chairman Nilambar Acharya.
Acharya said constitution-drafting can move ahead only if the parties agree on what would be the relations between the three branches of government - legislature, executive, judiciary.
The prolonged row over formation of a new government coupled with intra- and inter-party conflict has relegated constitution-drafting and the peace process to the backburner.
Political parties represented in the CA formed a High Level Political Mechanism under Maoist Chairman Pushpa Kamal Dahal to resolve over 200 differences that surfaced during the constitution-drafting process. The mechanism could achieve little over the 80 most contentious issues still to be resolved. Even on the peace process, little has been achieved following extension of the CA term on May 28, 2010, except for a ´formal ceremony´ to announce handover of Maoist combatants to the Special Committee.
Nevertheless, ruling party leaders are optimistic they can still accomplish both tasks within the May 28 deadline. They argue that formation of the new government has paved the way for conclusion of the peace process and timely promulgation of a new constitution. “We can promulgate a new constitution within the deadline if all parties show willpower to that end,” argued Maoist lawmaker Ek Raj Bhandari, who is closely engaged in constitution-drafting.
Bhandari said the new constitution is possible within the deadline as formation of the new government will give momentum to the peace process. “We have differences mainly on election system, state restructuring and relations between executive, judiciary and legislature ,” he said, adding: “These issues can be settled easily.”
He said they can promulgate a new constitution, keeping delineation of federal states on hold.
Nepal Congress (NC), which is staying in opposition now, is not impressed by such arguments.
NC Chief Whip Laxman Ghimire said promulgation of a new constitution by the set deadline is simply impossible as the seven-point deal between the Maoists and UML is against the provisions of past agreements including the Comprehensive Peace Accord (CPA).
“Since the new government has been formed on the condition not to conclude the peace process there is slim chance of a new constitution as long as the current government remains in place,” he argued.
Despite their public postures, top leaders of ruling political parties appear convinced that they would not be able to accomplish the tasks within the deadline. This was disclosed by Maoist Chairman Pushpa Kamal Dahal, who said recently that "people may be ready to extend the deadline by two months or so if the CA task is not accomplished in the next three months".
“People could give the parties a grace period if they had put in sincere efforts on constitution-drafting and the peace process. So why should they accept such a move again?” asked CC Chairman Acharya.
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