Groping for Peace


Written by Shobhakar Budhathoki • Region • April 2011

6-1 Nepal’s political scenario still seems uncertain and unpredictable. Although the country has finally elected the Communist Party of Nepal (UML) leader Jhala Nath Khanal as the 34th Prime Minister after nearly seven months, political deadlocks still persist and the existing distrust among political actors continues. In comparison to the period of caretaker government, possibilities of dialogue are increasing with the changed actors – the previous ruling coalition partner, the Nepali Congress in opposition and the United Communist Party of Nepal (UCPN-Maoists) as the ruling partner in the government. These changed dynamics further ease and complicate the situation in terms of finding peaceful solutions to differences towards building consensus politics. Therefore, the elected government must be sincere and actively engage with all stakeholders to demonstrate itself to the people as a functional government that is a successful democratic regime and has achieved the goals of the peace process along with the timely introduction of the Constitution through the Constituent Assembly.

After the exit of the United Nations Mission in Nepal (UNMIN), the political scenario in the country has suddenly changed and the parties to the peace process, particularly the UCPN-Maoists have agreed to hand over the former combatants and the UN monitored cantonments to the special committee headed by the Prime Minister. However, the future of the former combatants remains uncertain due to lack of agreed principles and modalities of integration and rehabilitation. The November 2006 Comprehensive Peace Agreement (CPA) clearly states that the former combatants will be integrated in the state security agencies through establishing minimum standards. In reality, the management of more than 19,000 former combatants’ future can be determined only through political consensus, basically by agreement between the Nepali Congress and the UCPN-Maoists parties.

With dilemma and confusion, the Nepali political actors are forced to work together for the success of a peace process in which they claim as Nepali led forces working for ending more than the decade-old violent conflict. Despite promises to people for months, the leadership again failed to deliver hope through forming a consensus government, which was directly hampered due to political polarization and increasing distrust. As a result, the majority government faces severe setbacks while giving itself full shape and includes more parties to share the government pie.

Nepali politics has been struggling to speed up the prosperity, development and successful regime based on democratic norms and good governance. More than anything, the intra-party rift as seen in every political party has further contributed to destabilizing the politics and has created obstacles for social and economic transformation and the state restructuring process. In addition, power politics has harmed the constitution-making and the actual implementation of the CPA. Issues related to conflict have not been addressed even after four years and the victims of the conflict are still waiting for justice to be done.

In less than two months, the extended deadline of the Constituent Assembly (CA) and the process of drafting the constitution still seems uncertain and parties to the CA have difficulties in assuring people that they can introduce the new constitution within the stipulated time by addressing the people’s concern and agendas. Parties to the CA, particularly the three major political parties are struggling to find consensus for their numerous differences related to nation-building and the future state polity. As a result, the constitution drafting committee remains one of the most jobless and irrelevant committees within the Constituent Assembly. In the name of arriving at a consensus through the working group, the political parties are undermining the status of the Constituent Assembly members and decisions are imposed by a few leaders of limited parties, which may create serious setbacks in acceptance of the constitution and providing ownership of the process to the people.

The peace and constitution-drafting processes must move forward without interrupting each others’ business. Due to personal and party interests guided by power-centric politics, the people feel uncertain and, sometimes, trapped between the shortsightedness of political leadership. This creates a huge dilemma for a country which may face chaos and instability in the coming days. This also provides a great opportunity to the spoilers of peace process to exploit the situation and create disturbances, as well as rally against the political transformation demanding status quo for the constitutional monarchy and Hindu nation.

Constitutionally, the government is formed under majority provisions, but it must actively work with the opposition parties to introduce the Constitution within the stipulated time and garner their support for peace, democracy and rule of law. Without support of the Nepali Congress and the UCPN-Maoists, the constitution cannot be drafted and the peace process cannot be completed. Therefore, this should prove to be a great opportunity for the current government to increase the possibility of forming a working alliance through partnership based on mutual interest.

In this dilemma, the people must not be ignored, especially during the constitution-drafting process. Although there is limited time for public consultation (if it is introduced within a given timeframe), special arrangements should be made to hear public voices. The people must be consulted through different mechanisms, particularly using public media and civic groups. Otherwise, the Constitution may face problem in terms of ownership and could face roadblocks on the issue of enforcement. If the people feel ignored, it may create another dilemma and could instigate disturbances on the question of ownership of the Constitution and the peace process.