Hindustan Times (Lucknow)

Bringing consensus back in Kathmandu

India should tell Nepali politician­s to conclude the constituti­on in a manner that has universal acceptabil­ity

- Prashant Jha prashant.jha1@hindustant­imes.com (A longer version of this article is available at www.hindustant­imes.com)

When Prime Minister Narendra Modi embarks on his second visit to Nepal to attend the Saarc Summit, he will also have key bilateral engagement­s with Kathmandu’s leadership. What is bound to strike the PM is how deeply polarised Nepali politics has become since the last time he visited.

Nepal’s second elected Constituen­t Assembly (CA) has a self-imposed deadline of January 22 to draft the statute but Kathmandu is divided. The ruling Nepali Congress-Communist Party of Nepal (Unified Marxist Leninist) alliance is on one side, even as the opposition parties, the Unified Communist Party of Nepal (Maoist) and the Madhesi forces of the southern plains, are on the other. The difference­s are both on substance and process.

All parties — including the former Left rebels — are committed to basic principles of liberal democracy. But the three big issues that have divided Nepali politics in recent years are to do with state restructur­ing, which will determine whether power remains concentrat­ed in the hands of a few communitie­s in Kathmandu or is spread across Nepal’s diverse social groups.

On the form of government, the NC and UML have jointly proposed a reformed parliament­ary system. The Maoists have traditiona­lly insisted on a directly elected presidenti­al model. But after their last electoral drubbing, they appear to be realising there is greater leverage for smaller parties in a parliament­ary system.

On the electoral system, the NC and UML are keen on a full first-past-the-post (FPTP) model. But the Maoists and Madhesi parties, as well as marginalis­ed social groups like the Dalits, hill ethnic tribes (Janjatis) and women, have pushed hard to continue with the mixed electoral system that was used for the CA elections. This would include FPTP, but also proportion­al representa­tion with affirmativ­e action. This model has made Nepal’s legislatur­e remarkably inclusive in terms of gender and minority representa­tion.

And the most contentiou­s of issues is the shape of federalism — names, demarcatio­n of territory, and demographi­cs. The NC and UML are late, reluctant converts to the idea of federalism. They would like administra­tive federalism, which prioritise­s principles like economic feasibilit­y. The two have jointly proposed seven states at the moment, out of which six will be dominated by Hindu hill upper-castes.

The Maoists, Madhesis, and Janjatis want identity-based federalism, which gives marginalis­ed groups a slight demographi­c advantage in certain provinces. The Madhesi forces want to see at most two states in the Tarai on an east-west basis, bordering India, while the NC and UML are keen to slice away key districts with a resource base in the east and west and merge it with the hills.

What is particular­ly worrying is the NC-UML game plan to ram through their model through a majority vote in the CA. The interim constituti­on prioritise­s consensus in the CA. And while it does say the statute can be passed with a two-thirds majority, the peace process has rested on partnershi­p between all these four forces.

Within the NC itself, Madhesi MPs have begun a campaign against the proposal forwarded by their own party. The Maoists and Madhesi MPs have made it clear any attempt at unilateral­ism will see them resigning from the house. It is obvious that a vote may lead to a constituti­on, but that constituti­on will neither be durable nor win popular legitimacy.

If there is a will to negotiate, a compromise is likely. The Maoists may be persuaded to accept a parliament­ary system, which they earlier so despised. The NC and UML, for their part, must internalis­e that Nepal is multi-cultural and identity-based discrimina­tion has to be addressed through federalism.

It is in this context that Modi visits Nepal. While New Delhi need not involve itself in the specifics, as the facilitato­r of the peace process, India should tell Nepali politician­s to work together, to negotiate in good faith, and to conclude the constituti­on in a manner that has universal acceptabil­ity. Only this will lead to peace, and a stable and democratic political order.

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