Neither Peace nor Constitution in Nepal

OpEdNews

Original Content at http://www.opednews.com/articles/Neither-Peace-nor-Constitu-by-Krishna-Hari-Pushk-100504-959.html

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May 6, 2010 Neither Peace nor Constitution in Nepal By Krishna Hari Pushkar The ongoing Nepalese Peace Process (PP) has been virtually postponed and the deadline for writing the constitution has somehow ended without even the coarse draft of the new constitution being submitted. The Constituent Assembly (CA) and its Government have totally failed to achieve its principle tasks. They are neither able to complete the constitution writing process nor to enforce properly the comprehensive peace accord. Mainly, the Peace Process was simply destroyed due to the consensual confrontation between the Maoists and the Nepal Government for the integration issues of vieux jeu - Maoist combatants into Nepalese security force. It is comic to mention that both parties agreed to integrate the former Maoist guerrillas into the Nepalese security system but have always been undecided about the number of guerrillas that should integrate and why? The United Nations Mission in Nepal (UNMIN) is supposed to provide technical support in the peace process, however the role of UNMIN has not been very useful. It has become a burden on the Nepalese Peace Process, and the UN too, because its role pushed the entire process into political polarization and left the parties in the position of confrontation and mayhem due to faulty peace diplomacy, and I believe, a cause of greater crisis in political consensus. Surprisingly, the Internal and external stakeholders in the Nepalese Peace Process have remained silent on these issues, as they say they consider it an internal matter for the nation. For this reason, the bilateral confrontation on integration affairs has become one of the major hurdles to achieving peace through a comprehensive peace accord. Unfortunately, the Peace Process is not a true priority on the agenda of the Nepalese political parties, which we can easily see by observing the progress in implementation of the comprehensive peace accord. The Government and the Maoists have failed and wavered from their commitment and duties to carry out the comprehensive peace accord in a systematic manner. There is no political culture of self-examination on their own lapses in performing roles and responsibilities towards the peace process and constitution writing. They deliberately failed to rule and operate the CA, Cabinet and Peace Process through political consensus in a constitutional manner as agreed. Most of the political parties are on a mission to capture the cabinet and seek to extend their powers in multifarious ways as much as possible. Sadly, the CA has become a huge national burden and just a salary provider for its members. In other words, the CA members are temporary jobholders and it was just strategically created to provide employment for political workers. So we should not have expected any great and historical things like a new constitution for New Nepal and sustainable peace from such people who have not even delivered even the minimum characters, role and performance of CA member. Many People have started to comment that CA is a just crowed of ineligible political citizens who are unaware of the interest of our nation and people. This crowd only care about their individual interests, ignoring the people's mandate and national priority. CA members must be accountable and should start to refund immediately all received incentives, salary, privileges and facilities to the state. Nepal has no ability to afford such huge administrative and financial expenses against the uncertainty of constitution writing and peace process. They should stop playing with the future and emotions of the people and the nation. The CA members and government have worked against the peace process, mandate of CA election and second peoples' movement. Woefully, the routine jobs of the Nepalese political parties are to demonstrate and organize strike against the ruling parties and people. The Nepalese politicians and political parties abuse their own proclamations, commitments and public promise and mandates. They feel proud to declare general strikes, transportation halts, gheraos, bandhs, stoning, and other unconstitutional and illegal activities. Shamefully, they claim that the baleful activities are done on behalf of the people to achieve public and national interests, but ignoring their political future and ethics, they never think about their constructive role and contribution. They just act to oppose everything just because they are in opposition. The mentality and poor attitude of political parties is a major cause of the postponing the Peace Process and barring the nation from a new constitution. I believe it is essential to restructure the complete comprehensive peace accord in new dimension and new approach through multi-partner- partnership approach since the exiting peace accord and its proper implementation have been proved faulty at many ways i.e. cantonment management, guerrilla integration, political harmonization, disarmament, transitional justice etc., and constitution of various commissions for New Nepal as agreed in CPA and mentioned in the Interim constitution of Nepal. The existing comprehensive peace accord and the Interim Constitution of Nepal have failed to drive the nation in accordance with the mandate and spirit of CA election and mandate of Janaandolan-2. UNMIN and other national and international stakeholders were in favor of the peace process, so the United Nations, Government of Nepal and the Maoist Party itself must rethink before further extending UNMIN in Nepal. It is highly risky to continue the expired and defective Comprehensive Peace Accord of Nepal. So, the stakeholders must concentrate on the technical parts of the peace accord especially in the areas that are obstacles in execution of the Peace Accord, while restructuring the accord. Empirical assessment of the activities of the exiting CA assembly has already concluded that the CA model of constitution building is a failure here. The Janaandolan-2 and election efforts of CA were wasted; there are no exemplary products of the existing CA. People do not see any countable respect towards the motto of janaandoalan-2 and institutionalization of its achievement. It is a pity to see that everything is in transition except the selfishness of the political parties and leaders. The nation is in a state of confrontation, and civil war and riots could start anytime, if the political scenario does not change properly. The impunity, crime, corruption, violence appears to be beyond control. Life, liberty, property, public freedoms and the rights of people are in serious danger. Governance and judicial systems are in disorder. All people should wake up urgently against the corrupt political parties and leaders to force them to dissolve the CA and work in favor of a fresh start for the nation. Nepalese need a fresh start to begin constitution building process that could be managed by amending provision of the Interim Constitution of Nepal. We cannot be held any longer under the captivity of constitutional uncertainty and transitional state. The people of the nation have no more patience, they cannot wait to get and practice defective pieces and provisions of constitutional and governance products. The existing CA cannot fulfill their minimum roles and assigned responsibilities, they are just disqualified political workers. Every Nepalese wants to save the nation from political, economical, administrative, judicial and diplomatic failure, otherwise the existing political parties and leaders will collapse the nation for fulfillment of their own political and individual vested interests. It is a huge challenge for all honest citizens to address the trivialities and contemporary transitional scenario of Nepal, which has arisen due to inefficiency and incapability of the existing CA and Government. In plain language, most of the existing political parties and leaders are great cheaters, who have committed crimes against the nation and the people of Nepal by ignoring the Peace Process and delaying the constitution. Indeed, the CA has victimized the currents generations and will cause problems for future generations too. Our nation is about to collapse politically and financially. It is being listed as failed nation. Therefore, we must think at least about protection and prevention of our future generations from political deadlocks, they will not excuse us for our deeds if we do not play a constructive and fair role. So, every individual and institutional actor must start to raise productive voices against the criminalized political scenario in Nepal. Let's try to minimize the results of the ongoing political crimes and dilemmas; otherwise we will achieve neither peace nor constitution. Source: click here Author's Bio: Mr. Pushkar was a DAAD fellow and studied research master in peace and conflict studies in Germany. Also, he holds an internationally honored first class master degree in public administration. He has participated in dozens of national and international trainings, seminars,and workshops programs related to governance, migration, ethnicity, social inclusion, human rights, diplomacy, peace, security and conflict management in US, Europe and Asian countries. Mr. Pushkar often writes opinion articles, reports, conduct researches and publish commentary notes on the various contemporary issues related to the areas of his expertise, specially with reference to Nepal. He is an Under Secretary of Nepal Government and well honored as a Peace, Security and Conflict Management Professional. Mr. Pushkar actively involves and contributes regularly to the dozens of national and international nongovernmental organizations as a capacity of peace and conflict management expert.

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