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Nepal hopes for compromise on constitution
Published in Bikya Masr on 12 - 05 - 2012

KATHMANDU: The red hammer and sickle flags continued to pass by in the early morning hours in Nepal's capital Kathmandu last April. Passersby watched as the local Communists showed their strength in numbers. As the stream of rickshaws and marchers appeared to dwindle, locals only a stone's throw from the Thamel tourist area began to move back to work, but then another wave of red flags poured onto the narrow, unpaved street.
The Communists are leading the committee for a new constitution in the country, due to be finalized next month. Recent developments have given new hope that it can encompass more ethnic groups and deliver on promises to push the country toward unity and a democratic future that most Nepalese hope will arrive after a decade of war, and the monarchy, ended.
“I don't mind these protests,” Ram, a local tea shop owner told Bikyamasr.com, as he watched the protesters move on by, adding that “this can be a good future for Nepal if the parties are willing to compromise and think for the people.”
That's a long way from only months earlier, when frustrations boiled over into anger among residents here, with minor scuffles occurring, Ram added. Now, he says, like his fellow Nepalese, it is time for “a change in how we do things here.”
He argued that “we must stop looking to the tourists and foreign aid for our livelihood and I believe the parties are understanding this is what we want.”
Still, despite the hope that has emerged in recent months, as the deadline approaches for the Constituent Assembly to finish their draft of the constitution, there remains a number of questions that the politicians tasked with drafting the document are still at odds with one another.
Key to the current debate over the past few weeks in the country is the role of the president and the role of the prime minister. Will they be elected? Will Nepal retain its past failures in parliamentary democracy or will it move toward a more open federalist democracy? What about the country's 100 plus ethnicities?
These are the questions the politicians are hoping to answer. Most are certain that the federalist system, which appears to be the mode of governance the country will take is the best for the country.
“We are currently discussing with all parties the break down of districts and how this will then be developed into the federal system of provinces,” said Nepali Congress negotiator Ramchandra Paudel. Those provinces, or pradeshes, will be the foundation for the future democratic state of Nepal, but it is still unclear how many the country will have.
Over the past two weeks, ethnic groups have been pushing for more and more districts based on the ethnic majority in that area. Paudel and others believe this would be counter to democracy and could create tensions that would not serve the democratic future.
A top official for the majority Maoists – the Unified CPN-Maoist party – said that the federalism being proposed is important for the cohesion of the country and ethnic groups must have guarantees they will be heard in the new constitution.
“We are striving to incorporate all groups in the country, but we must all understand that each individual ethnicity cannot have their own local district. It is just not reasonable,” the official said on condition of anonymity.
Both the Maoist and the Nepali Congress are hopeful that the new construction of the federalist pradeshes will help bring the people together under the umbrella of compromise, something Paudel said has been short-lived in Nepal's previous flirts with democracy, but is now becoming a major goal among politicians and the people.
He argued the country has been through a tumultuous period over the past two decades since the first glimpse of modern democracy entered in 1990. Today, as the deadline approaches for a new constitution, he once again feels hope and argued the debates and discussions are a positive step toward achieving this new democratic and open future.
“We as a country have long struggled to have democracy because too many politicians wanted power. I think we all have learned that this is not the way to a better Nepal and this is why the assembly is so important in getting it right,” he argued.
Back on the Kathmandu street, unlike years past, the angst that had followed political meanderings between politicians has been replaced with an uncertain hope that the Nepalese people will finally have a greater say in their own future.
Rama Kumari, a 29-year-old advertising consultant, said that before the recent discussions on “this federalism” she was not hopeful for the final draft of the constitution, “but now I am since it seems like something is getting achieved.”
It is now a matter of what form of federalism takes hold in Nepal, how many pradeshes will be created. Then, the more pressing issue of the president and the prime minister are to be addressed ahead of the end of May deadline.
Most middle to lower-class Nepalese are certain about one thing. They want to vote and that means voting for both prime minister and president.
“We can't have the parliament determining who our country's top leaders are. We know how that turned out in the past,” added Kumari.


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