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Minority groups need to be brought onboard for broad ownership of statute
Sep 17, 2015- The Constituent Assembly on Wednesday endorsed the constitution bill—making history and fulfilling a-65-year-old dream to have Nepal’s constitution written by people’s representatives. Even though not everyone is on-board, there are encouraging signs that the three parties and the government have stepped up their engagement with the Tharu groups. Even Tharu interlocutors sound optimistic on the prospect of getting a respectable offer from the government. In past few days, informal negotiations between the three major parties and the Tharuhat Joint Struggle Committee have been very fruitful in narrowing down their differences. The key contentions remain: federal boundaries, inclusive and proportional representation, electoral law and cultural and linguistic rights. Besides the Tharuhat Joint Struggle Committee, the Bijaya Kumar Gachhadhar-led Madhesi Janaadhikar Forum-Loktantrik has also announced that it will support the constitution if the major parties offer to incorporate their demands on demarcation, either through a referral to the federal commission or amendment of the statute post promulgation.The Samyukta Loktantrik Madhesi Morcha is also waiting for the outcome of the ongoing talks between the major parties and the Tharus, as it will largely determine their future strategies. Morcha leaders, however, remain distrustful of leaders of the three major parties. They have long complained about the lack of readiness among major party leaders to seriously engage on the substance of their demands. So, for the constitution to enjoy broad ownership and relatively smooth implementation, Madhesi parties need to be brought onboard through a constructive dialogue.
A real dialogue is only possible when there is an environment of trust. And trust can only be built through concrete confidence-building measures. Fulfilling some of the preconditions of the agitating groups would be a first step in this direction. But it is equally important to frame the messages properly.
So far, the tone of some key leaders is fuelling resentment. They sound like victors looking down on those who lost the battle. Speeches aimed at denigrating the Madhesi protests do not help either. Take for example the speeches given by all the three leaders—Prime Minister Sushil Koirala, CPN-UML Chairman KP Oli and UCPN (Maoist) Chairman Pushpa Kamal Dahal—on Sunday, when they decided to push for immediate promulgation of the constitution. Though they reiterated their readiness to engage Madhesi leaders even after the promulgation of the new statute, it did not sound like they meant it. Instead of striking a conciliatory tone to persuade those outside of the current constitution-drafting process, their speeches sought to justify why the three parties were right. The failure to project win-win solutions in their speech added insult to injury of the disgruntled groups. While secessionist rhetoric needs to be condemned in the strongest terms, there is a need to clearly distinguish the genuine concerns of minorites including Madhesis. Showing humility and flexibility, along with the willingness to engage with the disgruntled parties will go a long way.