In an exclusive interview with myrepublica.com, Nepal, who is the chairman of the Constitutional Committee, one of the most important committees in the Constituent Assembly, said the growing mistrust among various parties is likely to create serious obstacles in writing a “progressive” constitution. He said the task of writing a new constitution involves enormous challenges. Nepal, who was a member of the 1991 Constitution Drafting Committee, said the current socio-political situation is far more complicated than in the past for writing a new constitution. “Earlier, a consensus of only three forces — Nepali Congress, leftists and the palace — was required. But now, it’s a painstaking task to bring 25 political parties, dozens of civil society groups, gender and ethnic groups to a consensus on the new constitution,” Nepal said.
He, however, is very optimistic about completing the new constitution in the next 15 months. “If political situation remains congenial and armed groups including those in the Tarai do not create big problems, I think we will be able to complete the constitution on time,” he said.
Excerpt from the interview:
myrepublica.com: In what sense do you find your job different from that of 1991?
Nepal: First of all, I am now the chairman of the Constitutional Committee while I was just a member of the constitution drafting committee in 1991. Earlier, we had to seek consensus of just the three forces (Nepali Congress, leftists and the palace). But now, there are 25 political parties, dozens of civil society groups, intellectuals, academicians, and gender and ethnic groups. We have to accommodate their views in the new constitution. On the other hand, the scope of the previous committee was very limited whereas the present committee has many areas to cover. I see there are huge challenges ahead.
myrepublica.com: What kinds of challenges do you see in the future?
Nepal: Mistrust among political parties is growing. All political parties have their different demands. Armed forces are still in existence—whether in cantonment or in the Tarai. The Maoists have not yet renounced their rebel attitude. Various sections of society have nurtured their own values and we face a major challenge addressing them. On the other hand, we are shifting from centralized governance system to a federal one. What will be the basis of federalism, how various states will coordinate with each other are other major challenges before us.
myrepublica.com: What kinds of issues do you think will seriously affect the process of writing a new constitution?
Nepal: The issue of managing arms and armies is a major challenge ahead. Armed forces whether they are in the cantonments or in the Tarai will not be favorable for completing the constitution-writing task on time. Besides this, a better political environment must be created. All political parties must forget their political biases and come together for writing a progressive constitution.
myrepublica.com: What are the activities your committee is currently involved in?
Nepal: We have formed three committees—constitutional, thematic and procedural — to support us. Besides this, we have formed various other sub-committees and they have been mandated to prepare a concept paper within the next one month. We are holding consultation meetings with constitution experts. We are also receiving suggestions from members of the public on the issues that need to be accommodated in the new constitution.
myrepublica.com: What kind of constitution will Nepali people see in the next 15 months?
Nepal: The new constitution must incorporate the norms and values of democracy. It must guarantee human rights, freedom of the press and people’s supremacy. Nobody will be above the law in the new constitution. Impunity will not be tolerated under any circumstances. The rule of law, constitutional supremacy, abolition of feudalism, good-governance and nationalism will be its basic features. The constitution should ensure social justice. It will be a document for a new era. The constitution should be able to incorporate the spirit of the 21st century.
myrepublica.com: The Maoist leaders have been openly warning that they will quit the government if the effort to draft people’s constitution is blocked. What is your view of the Maoist publicity about people’s constitution?
Nepal: Let the Maoists make their remarks. There will be no compromise on press freedom, human rights, constitutional supremacy and people’s sovereignty in the next constitution. I don’t know what the Maoists mean by people’s constitution.
myrepublica.com: How optimistic are you about completing the new constitution in the next 15 months given that the present political situation does not look very impressive?
Nepal: I am very confident that the task will be completed on time if the parties support the committee. If the political environment remains conducive, I think we will get our new constitution in the next 15 months.
ghanashyam@myrepublica.com, yuvraj@myrepublica.com
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