Nepal’s New Constitution Requires Amending, Public Opinion Says

On the 20th of September, 2015, the South Asian nation of Nepal finally adopted its long awaited constitution. The constitution has come after seven years of fierce debate and tough negotiation among major political parties. In 2006, after decades of bloody civil war, factions reached a peace deal to give up arms and join the peaceful political process. Accordingly, an interim constitution and government formed in 2008, ending the 240 years monarchy, to coordinate and lead the promulgation of the supreme law. After seven years of unusually stalled constitutional making process, parties agree to adopt the constitution following the devastating earthquake in April 2015. The constitution is now in effect after 507 members of a 601-member of the constituent assembly voted in its favor. Nepalese people who think a new constitution is best have celebrated the adoption of the legislation by decorating the streets and lighting candles.

The new constitution has made Nepal a federation, establishing seven regions in the country comprised of more than 102 ethnic groups. Delimitation and naming of regions, however, has become a point differences and frustration among different ethnic groups. Minority ethnic groups opposing the constitution want more states, including ethnically based ones, bigger territory for larger groups and more seats for ethnic minorities in parliament and government. Strikes resisting the coming in to effect of the new constitution have claimed the lives of more than 40 people. According to BBC, the street protest is still continued in different parts of the country. The dissatisfaction over the constitution has sparked worries of widespread ethnic unrest which has a potential to drag the country back to civil war.

Despite its failure to address representation and self government interests of ethnic groups, the constitution has pleased everyone by abolishing capital punishment and recognizing the rights of LGBTQ’s.

Constitution making is an important stage towards creating peaceful, democratic and all-inclusive polity. Constitutions, as a political document, defines and determines political role of each groups within a country. Accordingly, it is necessary that every segment of society is involved in the constitution-making process in order to create a credible document.

The current street protests and ethnic unrest in Nepal is evidence that the process preceding the final document has left many groups out of the game. The government in Nepal has admitted the fact that the document is imperfect, and has pledged that it can be amended to reflect the aspirations of dissenting groups. In fact, as world constitution making history shows, except in a few instances, constitutions never gained original legitimacy. In most cases, constitutions across the world gained legitimacy in the process of implementation through various all-inclusive democratic process and amendments. Politicians in Nepal still have the chance to correct the defects in the constitution and make everyone happy. As long as the determination is there, the government can take different measures necessary in the course of applying the constitution to make the wrongs right without the need to replace the whole document.

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