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News analysis: amid uncertainty, nepal awaits tryst with history - China T8 LED Tube Lights by na b





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News analysis: amid uncertainty, nepal awaits tryst with history - China T8 LED Tube Lights by
Article Posted: 09/16/2013
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Articles Written: 2638
Word Count: 710
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News analysis: amid uncertainty, nepal awaits tryst with history - China T8 LED Tube Lights


 
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For over six decades, Nepal's democratic, left and ethnic movementshave waited for this day — when a popularly elected andrepresentative Constituent Assembly would usher in a new socialcontract for its diverse peoples. But the country's date withhistory on Sunday, when the term of the CA expires with thepossibility of extension ruled out, could swing either way. Atmidnight, true to Nepal's political tradition, major forces couldstrike a last minute deal and promulgate a federal democraticrepublican statute. Equally, the country could be staring at apolitical and constitutional crisis with the CA dissolved, withouta constitution having been written. Not only would this be abetrayal of the long political struggles where thousands have losttheir lives, it could well push the country into years ofinstability and multiple ethnic conflicts.

The uncertainty comes from a fundamental political divide about thenature of federalism, and what should be incorporated in the finalconstitutional text. While the Unified Communist Party of Nepal(Maoist), Madhesi parties, and Janjati (ethnic) MPs across partylines stand on one end of the spectrum, the Nepali Congress andCommunist Party of Nepal (Unified Marxist Leninist) represent theother pole. The latter two forces are in favour of promulgating theconstitution, while postponing the issue of state restructuring.The federal model, they argue, can be determined by the transformedlegislative-parliament which will continue to exist if theconstitution is done. The Maoist-Madhesi-Janjati combine hasrejected this.

Instead, they seek a constitution with specificagreements on the names, numbers and territorial boundaries of thenew federal structure. They have demanded a firm commitment thatthe 14 state model, prepared by the CA committee on staterestructuring, or the 10 state model, recommended by the StateRestructuring Commission, should be clearly mentioned as the basisfor federal demarcation. Both these models have two provinces inthe Tarai plains, and demarcate boundaries in a way where ethniccommunities will have a demographic advantage in several hillprovinces. NC and UML have termed it ‘ethnic federalism', andsaid it would be unacceptable.

Many argue, logically, that it would make sense to preserve theachievements and work of the CA by framing a constitution and leavecontentious issues for later. But the trust deficit is so deep thatmarginalised communities do not have faith in assurances. A MadhesiMinister told The Hindu , "There is already an in-principle commitment to federalismin the interim constitution. The entire rationale of the CA was torestructure the state. Both the 10 and 14 state models are productsof constitutional mechanisms.

If we can't get federalism now, theelites will conspire and stall it forever." All sides are also under pressure from their respective base.Maoist chairman Pushpa Kamal Dahal ‘Prachanda' has alreadybeen warned by his more radical party colleagues that if he givesup on identity-based federalism, they would split away. The Madhesistreet is radical, and the parties know that if they compromise,their own political survival will be at stake. The NC and UML havetheir own constituencies, predominantly hill upper castes who seekto resist federalism at all costs. If Nepal is to have a constitution by Sunday night, the realchallenge is in bridging this trust deficit and balancing thesemultiple constituencies. Madhesi and ethnic politicians will haveto understand that in the remaining one day, they cannot possiblyget a full-fledged federal structure.

They could instead negotiatehard on principles and guarantees that the transformed parliamentwill indeed deliver federalism within a specified time-frame, andthe next elections would be held both for the national andprovincial legislatures. At the same time, Nepal's two olderparties must wake up to the new political dynamic and movements.The aspirations of excluded communities cannot be brushed aside;identity has to be recognised as a key element of federalrestructuring and the recommendations of legitimate constitutionalbodies on federalism cannot be discarded. If they do not relent,and the CA collapses without a constitution, it will lead to theirreversible radicalisation of Madhesi and ethnic politics. Nepal's political class, which has shown great maturity intransforming the country from monarchy to republic, war to peace,and from a Hindu kingdom to secular state, now faces its finalchallenge: summoning all the statesmanship at its command in orderto have a new federal, democratic republican constitution on May27.

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