CA election : Settle political questions first

Shailendra Kumar Upadhyay

Once again the people have been assured by SPA government that Constituent Assembly polls would be held before the end of 2064 BS. This announcement has given people new hope. However, the Adivasi Janajati Mahasangh and the newly formed Tarai-Madhes Party have expressed dissatisfaction and blamed the government for ignoring their demands. This has compelled people to remain cautious and not get carried away.

The issues raised by Janajatis and Madhesis have to be addressed and resolved for holding of free and fair election participated by all sections of the population. Since failure to hold the polls twice has already tarnished the image of the government, further uncertainty would only add fuel to the question of its legitimacy and push the country towards anarchy. Therefore, certain tasks have to be accomplished before the ballot date.One of the main demands of dissident groups is an agreement about the rights of the units in the future federal state. In the Tarai region, there is demand for a single unit encompassing the whole Tarai region. There are also demands for a Tharu unit or units based on Maithili, Bhojpuri and Awadhi language-speaking areas. In order to resolve the issue, either a political conference of all stakeholders in Tarai (including the political parties) has to be held or a referendum should be called to determine the aspirations of the Tarai people.

Holding a referendum before the CA polls looks neither easy nor feasible; the only alternative is to hold a political conference. The other means could be holding a referendum simultaneously with CA election. It would put an additional burden on the Election Commission (EC) but would ensure larger participation of the people that would help the government take crucial decisions on the formation of new units composing a federal state. Since the interim constitution has already declared that the structure of Nepal would be federal, the constituent assembly has to determine the shape and size of federal units. An agreement among the stakeholders on the formulae for creation of new federal units, therefore, has to be found.

In the hilly areas, there seems to be an overwhelming desire among the public for the creation of federal units on the basis of dominant ethnic groups — that takes care of the language issue as well, as each ethnic group has its own language and culture. In the Tarai, however, the language issue and the issue concerning the cultural heritage of Tharu people remain sensitive. Naturally, in order to determine the aspiration of the sovereign people a mechanism has to be developed which does not hamper the constituent assembly election and also ensures peaceful, free and fair polls.

A new state structure in itself is not sufficient to build a new Nepal where all the citizens would have equitable share in policy-making and administration. The rights of an individual cannot be compromised on any ground. The essence of inclusive democracy is respect for the rights of every individual, no matter what community or group s/he belongs to and irrespective of the place s/he resides. There should be no move to evict any individual or group on any ground whatsoever and any such attempt must be punished as a criminal offence. The dominant groups would play the major role in the federal units but the minorities too would have their say as individuals and groups in a secure atmosphere. The issue of the right to self-determination has to be defined clearly and addressed in earnest. The people of each area under the federation ought to enjoy the right to determine the administrative, legislative and judicial apparatus, but not the right to secede, declare independence or merge with another nation. Abraham Lincoln, the most admired president of the then largest democracy, could not tolerate the act of secession by the southern states of the USA. The new units in the federation ought to have total control over their territories in all governance-related matters.Though we do not have sufficient time to linger in discussions, we have enough to convene a political conference on the limited agenda of formation of the new units and its basis and leave the details to be worked out by the constituent assembly in which all the stakeholders would have equitable participation. The need of the hour is to pay attention and show the willingness to accommodate the demands of Janajatis and Tarai in all seriousness.No amount of poll preparations will be enough to hold the election in peaceful, free and fair atmosphere unless the political questions are first resolved. The technical aspects of the polls have been laid out by the Election Commission well in advance, however the political aspects remain unresolved as yet. The only way to ensure polls is to motivate people to participate in the election with a clear mind that can weigh sensitive issues on their merit.

Source: The Himalayan Times, January 14, 2008