Peace process : CA resuming business today
With the political parties inching closer to an agreement to start the integration of Maoist combatants into the Nepal Army, leaders are optimistic that the stalled constitution-making process will gain momentum.
The Constituent Assembly (CA) is meeting on Sunday to start deliberations on the report of the State Restructuring Commission. The prime minister-led Special Committee is convening on Tuesday to introduce an action plan, including a time-bound calendar for army integration.
“The constitution-making process will make headway only after the combatants opting for integration are handed over to the Nepal Army,” said CPN-UML lawmaker Agni Kharel. “The deadlock on statute drafting will persist if the Special Committee delays in unveiling the integration action plan.”
During a meeting of the Dispute Resolution Subcommittee on Friday, both UCPN (Maoist) Chairman Pushpa Kamal Dahal and Prime Minister Baburam Bhattarai committed that the integration process would move ahead uninterrupted. While the Maoist hardliners are set to walk out, the establishment faction has called a Central Committee meeting on Monday to reaffirm the party’s commitment for peace and constitution.
Parties have almost reached a compromise on judicial model and committed for a mixed electoral system, bicameral legislature and three tiers of governance structure in the new constitution. Forms of governance and federalism are key contentious issues.
Cross-party debate on forms of governance has been stalled following dispute triggered by the recommendation for a mixed model by a taskforce formed by the Constitutional Committee last year. The Laxman Lal Karna-led panel had suggested that a compromise be reached by sharing executive powers between a directly elected president and parliament elected prime minister.
The Nepali Congress has been rooting for an improved parliamentary system with prime minister elected from the House and president elected from an electoral college that will be composed of representatives from the central, provincial and local bodies.
NC lawmaker Ramesh Lekhak said ‘obstacles’ in constitution making will end with progress in the integration, and the parties will adopt a short-cut path to promulgate the constitution within the May 27 deadline.
“Whom should the executive power rest—president or prime minister—is the thrust of the current debate. We can even put this dispute on hold and promulgate the constitution,” said Lekhak, who is optimistic that the
parties would go for compromise rather than allowing the country to plunge into a constitutional crisis by letting the May 27 deadline slip away.
He said the new constitution should be introduced by continuing the current set up—the executive prime minister and the ceremonial president elected from the House—for the time being.
“The current parliament is likely to continue for a year after the May 27 deadline. Parties can find a compromise on whom should the executive power rest and amend the constitution accordingly,” he added.
UML leader Kharel also does not see the possibility of CA extension but stresses that the parties should find a meeting point on forms of governance by May 27.
“If there is no agreement on a mixed model, debates may centre on introducing a provision of directly elected prime minister,” he observes. A Maoist leader claimed that discussion with the NC was underway and they could reach an ‘informal understanding’ on forms of governance before finalising the integration action plan.
Regarding federalism, the number of provinces and their boundaries to be enshrined in the constitution are the most intricate issues. There is an agreement among the leaders that identity and capability should be the bases of defining federalism. The NC and UML are against the ethnicity-based federalism, which also includes right to self-determination and political priority rights to dominant groups in the particular province. Maoists and the Madhes-based parties are pitching for rights to self-determination and political priority rights.
Some leaders in both the Maoists and Madhes-based parties have been softening their position on these matters. Leaders of Madhes-based parties are ready to accept two provinces in the Tarai and leaders in the Maoist establishment are of the view that the identity of ‘dominant groups like Brahmins and Chhetris’ should also be accommodated in the federal set-up.
e-kantipur
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