After the promulgation of the Constitution of Nepal in 2015, where should we have gone, where are we going?

The political journey of Nepal now in a serial form: Part – “Two”

The year 2015 was a decisive and challenging year for Nepal, marked by the devastating earthquake that the country faced, resulting in significant loss of life and property. Despite efforts from the state and various national and international levels to provide relief and rehabilitation, the affected people did not experience su+fficient relief, rescue, and restoration efforts. The state failed to address the traumatized psychology caused by the earthquake, missing a golden opportunity to reduce the substantial financial expenditure in the name of infrastructure development in difficult geographical locations by transferring and organizing the disorganized or at-risk settlements through land pooling.

On the other hand, in 2015, Nepal successfully embraced a new constitution, redefining the country’s political landscape. This constitution was the result of prolonged political discussions following the end of the civil war in 2006, aiming to address federalism, inclusivity, and the demands for democracy. In the following years, Nepal’s political field had to grapple with the implementation of the new constitution, under which the first federal and provincial elections were conducted. These elections were crucial for establishing Nepal’s federal structure and were mostly peaceful, reflecting the Nepalese people’s aspirations for a stable and effective governance system once again.

The process of drafting Nepal’s new constitution was complex and challenging, requiring consensus among leaders to prevent divisive forces and ensure long-term legitimacy, making the process comprehensive and inclusive. Although the constitution aimed to address the diverse needs of a population with over 100 languages and various ethnic, caste, and gender divisions, deep social polarization over whether or not to divide the states ethnically complicated its creation, leading to violent protests and further loss of life and property.

During the drafting process, the Constitution Committee faced delays due to disagreements among parties on key issues such as governance, the electoral system, and state restructuring. These challenges intensified due to external pressures and attempts to mold the constitution’s framework to suit certain interests, leading to an undeclared blockade at the borders by some internal factions. Despite these obstacles, the wisdom of the Nepali people and political leaders prevailed, and in 2015, the constitution was promulgated, showcasing unity and resilience against internal and external adversities.

The Constitution of Nepal 2015 is a significant document that has established the country as a modern, inclusive state and defined Nepal as an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republic. It has embraced the sovereign rights and autonomy of its citizens, including self-governance, while maintaining Nepal’s independence, sovereignty, territorial integrity, national unity, freedom, and dignity. It commits to a competitive multiparty democratic governance system, civil liberties, fundamental rights, human rights, adult suffrage, periodic elections, complete press freedom, an independent, impartial, and competent judiciary, and the rule of law.

Furthermore, the constitution sets the goal of building a prosperous nation, fostering social and cultural unity, coexistence, harmony, and diversity. It aims to create a just society that remembers the sacrifices made by the people for progressive changes throughout history, ending all forms of discrimination and oppression, and upholding national interests, democracy, and dignity.

The provision includes a single federal citizenship, with provisions for non-residential Nepali citizenship, along with social and cultural rights. It ensures political, economic, social, and cultural rights as fundamental rights. However, while drafting this constitution, the sentiments of more than 80% of Hindus were not considered, and the overnight inclusion of the provision for secularism was seen as a betrayal to these followers. This has led to protests and demonstrations regarding the division of provinces among various castes and communities.

Since the re-establishment of Nepal’s multiparty system, political parties should have focused on certain key areas for the upliftment of Nepal and its citizens. First and foremost, ensuring political stability in the country was essential as it is the foundation for economic growth and social development. This required cooperation and consensus among various political parties, but due to extreme survival instincts, the parties failed this test.

Secondly, when governing the state, political parties should have prioritized good governance and transparency in a way that could be felt by the common citizen. This included fighting corruption, implementing effective policies, and being accountable to the people. However, the parties have deceived the public in this regard as well.

Thirdly, besides preparing and implementing economic policies that promote sustainable development and equitable distribution of resources, there should have been significant improvements in the education and health systems, investing effectively to improve the living standards of Nepali citizens. However, due to the shortsightedness and self-serving tendencies of the parties, this area was neglected.
Lastly, political parties should have addressed the needs of marginalized communities and worked towards social inclusion by providing equal opportunities to all citizens. However, the parties focused only on the sustenance of themselves and their close associates, leaving the issues of these communities unresolved.

Considering the sensitivity of Nepal’s climate change and natural disasters, environmental conservation must be prioritized. However, political interference in the exploitation of the Chure region, riverbed mining, and the rampant looting by political parties and their affiliates, along with the trend of local levels purchasing bulldozers to earn rental income, have led to construction without proper environmental studies. This has resulted in settlements being vulnerable to landslides, and the inability to manage these situations systematically may lead to even greater natural destruction in the future. Instead of preparing a responsible structure with adequate resources and tools that can be mobilized at any time to mitigate the effects or prevent financial and human loss, the current disaster management team seems to be embodying the Nepali proverb ” The fire has caught on to the house and property, but must need to wait for a two-hour auspicious time by the astrologer to extinguish it.” This reflects a reliance on hope rather than action.Various public institutions have fallen into disarray due to political self-interest.

More on this in the next issue…