kathmandu – Five months after the formation of the KP Sharma Oli-led government, alliance partners Nepali Congress Party and Nepal Communist Party-Unified Marxist-Leninist are in the final stages of setting up mechanisms to identify areas for amending the constitution.
An important agreement reached between the Congress Party and the UML when they formed the government in mid-July was to amend the constitution and review provisions that caused difficulties in its implementation.
On Tuesday, the constitutional amendment process finally entered bilateral talks between the National Assembly and the UML. An eight-member working group established to strengthen ties between the two parties met on Tuesday to discuss starting the amendment process.
“The issue of the amendment has finally entered our discussion starting today. [Tuesday],” said a member of the working group. “We are currently discussing how to proceed and begin wider discussions and consultation. We are considering forming a political or non-political working group to complete the required homework.
The cross-party working group will be led by senior politicians and made up of members from different political parties. If an apolitical working group is formed, it will be headed by the former Chief Justice of the Supreme Court or any other respected legal figure acceptable to all stakeholders.
According to working group members, some Congress and Marxist-Leninist leaders have suggested setting up a non-political mechanism or working group that could accommodate legal experts, constitutional experts, human rights activists, etc. and find a way forward based on their recommendations. “If we build a political mechanism, we will face difficult problems,” he said.
The meeting lasted three hours and leaders also discussed a number of “neutral” people who might lead such a mechanism or working group.
Some opposition parties have already started discussions and deliberations on issues that need to be resolved in amending the constitution.
The second point of the seven-point agreement signed between the Congress and the UML in July stated that a national consensus government under Oli would prioritize making necessary changes to the constitution and ensure political stability by assessing strengths and enacting laws. Weaknesses and complexities in the process.
Home Minister Ramesh Lekhak said: “It is understood that our party will soon put in place a mechanism to finalize the content of the amendment.”
Speaking at the event in Kathmandu, Laikak said the Nepali Congress and the UML would soon set up separate working groups to finalize the content of the constitutional amendment. “The government has also taken initiatives in this regard.”
“The amendment process will not end overnight. It will happen after a series of discussions and deliberations by all parties. We will evaluate our ten years of experience in amending the constitution and accordingly, the political parties will sit together to make amendments.
“We will initiate discussions, assess and evaluate the status of the implementation of the constitution, determine the subject of the amendments, and conduct discussions and deliberations,” Lecak said.
The agreement on constitutional amendments reached by the two major parties has triggered debate both inside and outside the political circle. There is disagreement over whether now is the right time to amend the constitution.
However, Interior Minister Lehak said that both the government and the opposition will first review the 10-year history of the constitution and find out its strengths and weaknesses. Secondly, the ruling party will determine the issues that need to be revised, and the government and the opposition will sit together to discuss them. Finally, Congress and the UML will agree on the revised content and submit it to the House of Representatives for consideration.
He also clarified that amending the constitution would strengthen, not weaken, inclusiveness.
The Communist Party of Nepal (Maoist Centre), the third largest party, will also soon make public its position on the constitutional amendment. Party spokesperson Agni Prasad Sapkota said the matter will be discussed at the upcoming party central committee meeting on January 5.
“The party has its own position on the amendments but we are willing to discuss it,” Sapkota said. The party would make its position public only after the central committee meeting.
“Our position is clear: any constitutional amendment should be for progress, not for regression. It should be aimed at development and prosperity. Secondly, for political stability, there should be a directly elected president. We must choose the president of both houses of parliament. Fully inclusive. If we guarantee these issues in the new amendment proposal, the long-term political instability in the country will end,” Sapkota said.
Apart from the Maoist Centre, other political parties in the Parliament are also doing their homework on the constitutional amendments but have not made their positions, preparations and homework public yet.
Another political party, the Communist Party of Nepal (Unified Socialist Party), formed a seven-member task force on December 17, headed by party leader Prakash Jawala, to formulate the party's constitution position during revision. “We have formed a working group that will come up with some recommendations in this regard,” party spokesperson Jagannath Khatiwada said.
Congress general secretary Gagan Thapa, while addressing a party event in Kathmandu on Sunday, also said that a mechanism to amend the constitution would be put in place within a few days. Thapa added that the mechanism will be pragmatic and modified cautiously.
“The debate on amending the constitution has begun,” Thapa said. “Within a few days, Congress and the UML will form a mechanism. We will handle this matter carefully because there is no room for risk. We will also have dialogue with other political parties.
He said it cannot be done just because the Congress and the UML want to amend the constitution. This can be done only after extensive consultations among the Maoists, Madhesis and other political forces.
“After reaching an agreement with all parties and stakeholders, we will amend the minimum provisions required to ensure the smooth functioning of the constitution,” Thapa said.
