It could not have been easy to forge an agreement on such hotly contested topics as federalism and government form, not among the four political parties with such divergent ideological leanings. The draft constitution they prepared on the basis of the 16-point June deal would have been legitimate since the quartet together command over 90 percent of the seats in the second Constituent Assembly. Even with all its flaws, the draft constitution could have been a good starting point for final settlement of the disputes that have often seemed intractable over the past eight years of the protracted constitutional process. Besides, the draft could always, we reckoned, have been modified based on public feedback. But developments since have been troubling. The constitutional process that seemed to be on the brink of completion has been stalled once again after the recent wave of protests and counter-protests across the country.The Big Three in the CA have now modified their proposed six-province federal model to include a seventh province in Karnali region, thereby conceding a key demand of local protestors. (To celebrate their achievement, the erstwhile protestors took out a 'victory rally' in Jumla on Saturday.) It is nice to see the three party leaders take urgent action to honor a popular demand. But if Karnali residents will now have a state of their own, the Tharus might now ask, why can't they also have a separate state in the Tarai? The answer is obvious. While the protestors in Karnali have strong political connections at the center, the Tharus don't have any of the key power players on their side. There is similar discontent among a sizable section of Madheshis who have come to believe that the Pahadi leaders of the major parties are incapable of addressing their concerns, particularly after the departure of MJF (D) from the four-party constitutional alliance. Again, the most troubling part is that there seems to be no legitimate basis for addressing some concerns over proposed federal demarcations while ignoring others.
So efforts to take the opposition parties and protestors into confidence must continue. Yes, we are running out of time, but there is no point to a constitution that does not enjoy broad popular support. We are aware that some forces may want to deliberately sow discord in Nepal, and these elements might very well have added fuel to protests. But the hard reality of the history of the Nepali state systematically discriminating against certain regions and ethnic groups cannot be forgotten. It is this historical injustice that Madheshis and Tharus are fighting against. Their genuine demands cannot be brushed under the carpet, and all the blame for the current unrest conveniently placed on 'foreign elements'. The threat of undue foreign intervention, a very real threat, will sound credible only if the leaders of major parties are committed to addressing the grievances of marginalized communities. We believe it's still possible to work out a viable federal model if our leaders are ready to heed the voice from the grassroots. They must do so before it's too late.
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