Road To Nowhere


Written by Shobhakar Budhathoki • Region • June 2010

8-1 While the state struggles to fulfil the aspirations of the people achieved through their sacrifice and mass agitation, political instability continues in Nepal.As the Nepali nation celebrated its second anniversary of the Republic Day on May 29, political uncertainty appeared to be mounting tremendously due to lack of efficiency of political parties and their leadership that has created serious obstacles to smooth and peaceful transformation of the country to real democracy. This hurdle has also affected attempts of preparing the foundation for nation-building and state-building processes, as well as attempt to create conducive environment for the promulgation of the "people's" constitution through the Constituent Assembly (CA).

Nepal's political future has come under a cloud of uncertainty and confusion because of increasing distrust and misunderstanding. Ordinary people are facing tremendous difficulties for their survival as a result of inefficient governance, and institutionalized corruption at all levels of society. Confrontational and partisan politics has further contributed to creating a vacuum for constructive dialogue and affirmative action for resolving problems. Ongoing disputes among political actors guided by egoism have further intensified differences in Nepali society, and have also fueled tension based on ideology, ethnicity, culture, religion, etc., affecting a historical legacy of harmonious relations despite identity differences. Consequently, the state struggles to fulfil the aspirations of people achieved through people's sacrifice and mass agitation. If the current scenario of political instability continues, people will lose their faith over current leadership, and the country could fall into the category of "failed state" as a result of spreading anarchism, lawlessness and insecurity.

The constitution-making process has been abandoned while the historical CA is unable to carry out its proceedings in the absence of serious business. Similarly, existing disagreements among major political parties have created additional challenges to the extremely important provisions related to state-building, including governance system and separation of powers, judiciary, federalism, identity, etc. that needs to be incorporated in the new constitution. Unfortunately, inefficiency of the CA has made people question its legitimacy and credibility. Individual and party-centered politics has also undermined the independence of the CA and its constituents.

Although the international community has always expressed its willingness to support the process for the success of peace and constitution-making efforts, hypocrisy of national actors has deepened the crisis, and is pushing the country towards becoming a dysfunctional state. Deep-rooted partisan politics has further contributed to a "crisis of confidence" in the political leadership, and has totally undermined the need of "national consensus," which is necessary in the post-conflict period while the country is going through a transition.

The peace process remains in jeopardy as a result of poor enforcement of the November 2006 Comprehensive Peace Agreement (CPA), and other political understandings, particularly related to root causes of conflict and addressing past human rights abuses and atrocities. Due to lack of formulation of appropriate mechanisms and adequate political will, the peace process could easily be derailed and possibility of escalation of conflict will probably increase as a result of communal, ethnic and religious differences. In this context, it is the responsibility of all political actors, particularly parties to peace process that they must act honestly and responsibly, while implementing the agreed principles and creating understanding for the sake of peace, prosperity and democracy of the country.

The constitution-making process must be considered as an integral component of peace process, and no excuses can be justified for ineffectiveness of the CA. Although political actors and CA members publicly deny their failures to fulfil the legally mandated promises, it is almost hopeless to expect a new constitution at this moment through the CA. Therefore, it is essential to build consensus among major political parties for the extension of the CA and amendment of the Interim Constitution (IC).

Even though major political parties are frequently holding dialogue with the initiatives of the business community and civil society, solutions to addressing current stalemate are yet to be found. In addition, the country faces additional challenges to institutionalize democratic system and political stability, address past human rights abuses and atrocities as well as establish good governance based on principles of rule of law, human rights and freedom.

Without addressing contentious issues, it is impossible to find common positions for ending current stalemate and misunderstandings. These contentious issues include rehabilitation and integration of Maoists combatants; addressing past human rights abuses, particularly formation of the Disappearance and Truth Commissions; democratization of national army; federalism; governance system; return of properties; land reform, etc.

Nepali politicians claim the country's peace process is unique, and have reached an agreement for ending nearly a decade-long violent conflict without foreign mediation or facilitation. However, numerous challenges have appeared due to poor foundation of negotiation and abstract provisions of the CPA, and its poor implementation. As a consequence of power struggle, much demanded and guaranteed by the IC, the principle of national consensus for ruling the country has been turned down, and replaced by the majority system. It has further widened distrust and contributed for divided politics. Therefore, building consensus is essential and will be the only solution for ending stalemate and moving forward for constitution, peace and development.

Despite the direct impact on national economy and daily life of people, the recent UCPN-Maoists protests have provided adequate opportunity to political parties to initiate dialogue and make efforts to find solutions. Unfortunately, the attempt of business community and civil society has become worthless because of continuous distrust, unwillingness to compromise for broader cause and power competition of political actors based on principles of individual and party-centered negotiations. In addition, parties are discussing major agenda that includes building environment for confidence building, reviewing past agreements, rehabilitation and reintegration of Maoists ex-combatants, formation of national government, future of constituent assembly, return of confiscated property, etc. Even though solutions are yet to be found, it is claimed that the parties are closer to agreement and solutions will be found in a package instead of separate solutions.

Regardless of the relentless talks, recent developments have created additional dilemma in finding solutions on disputed issues. UCPN-Maoists have assured that the party drafted constitution will be only symbolic, and will not be enforced at national level. Similarly, the government has registered the proposal for one year extension of the CA in the legislative/parliament without consultation with the opposition party, and the ruling coalition party, the Nepali Congress has officially come out and expressed their willingness to lead the next government. These steps prove that there is still "crisis of confidence" and political parties are struggling to find a meeting point for building consensus and mutual trust, which are considered major hurdles for ending the ongoing political confusions and uncertainty.

The current political stalemate will not be resolved without building consensus among major political actors. They must proactively engage in creating a conducive environment for constitution-making process, and there is no alternative against the amendment of the IC for the extension of the CA. National institutions, particularly law enforcement agencies, must be prepared to prevent society from possible violence and anarchism. Similarly, civil society should positively engage in bridging the gap among political actors and proper enforcement of the IC, and the CPA and political understanding.

Despite dilemmas and confusions, Nepali political actors will again find solutions to avoid immediate problems. However, challenges to discovering long-term political stability will still remain and the post-May 28 period can be projected as more vulnerable and unstable in Nepal's political dynamics.