KATHMANDU: The Constitutional Committee of the Constituent Assembly settled 98 contentious issues after putting them to vote on December

25. Almost all agendas proposed by the Unified CPN-Maoist were defeated. The concept of ‘pluralism’ proposed by the Nepali Congress and the CPN-UML for the preface was also defeated.

Any disputed agenda, which is put to vote has to get simple majority of the present CA members of the concerned committee. The endorsed view is then sent to the full CA to fine tune the contents prepared by the 11 thematic committees, including the CC. Only 21 of

the 98 disputed issues, most of them centred on terminology of the new constitution, were endorsed. Of the 66 CC members, 57 were present during the voting. At least 29 votes were required to endorse a provision.

“The CC will give complete shape to the concept paper within a couple of days before submitting it to the CA Chairman,” said Tek Prasad Dhungana, secretary, CC. The CC members took six hours to vote on the issues.

The Maoists’ defeat on most of the issues raised by it in the CC’s recent election clearly indicates that the UCPN-M either failed to convince other parties or it raised agendas unacceptable to others.

However, UCPN-M is the party, without whose support, it is impossible to finalise even a single term in the new constitution, as it is the largest party having 38 per cent strength and it requires two-third majority of the 601-member CA to endorse any provision, which will become a part of the new constitution. The CC has two important tasks: to prepare the final draft of the constitution on the basis of the reports prepared by 10 other thematic committees, CA full meeting’s suggestions and views amassed from public opinion, and to settle the issues under its purview.

The CC’s concept paper left some issues to be decided only on the basis of reports of other thematic committees. Those issues are related to state restructuring, autonomy of states, right to self determination, whether a state is allowed to use its own insignia or not, provisions related to transitional period, issue of whether to specify provisions on removing constitutional hitches/difficulties permanently or not.

Contentious issues

• Name of the constitution: The new constitution will be called as 'Constitution of Nepal, 2067 BS' (referring to Bikram Sambat, the national calendar). The approved name received 31 votes, while 22 members voted against it. Nine other proposals, including that of the main opposition party, Unified CPN-Maoist, on the statute's nomenclature, were turned down.

• Preface: Voting settled some terminologies to be included in the preface. The concept of 'pluralism', proposed by the ruling allies - the Nepali Congress and the CPN-UML - and other parties, was defeated. Only 25 CC members voted for the concept while Maoists' 18 members voted against it. The term 'People's War' was also defeated. It received only 20 votes while 30 voted against it. The Unified CPN-Maoist had proposed to mention the term, along with other democratic movements in the preface while describing the current political transformation. However, the CC endorsed

the term 'Madhes movement' with 29 votes in support

and 21 against.

• Definition of nation: Nepal will be called multi-state nation.

• National flag: The existing national flag will remain unchanged. The UCPN-M had proposed to change the national flag to include stars to represent all the provinces. However, 27 CC members voted for not changing the national flag, while 24, including the UCPN-M, voted for altering it.

• National emblem: There will be no national emblem. CC members were divided during its past meetings over whether to have national emblems or not. Some suggested that the national emblems should be removed, as they do not represent all regions, communities and religions.

Others suggested they should not be removed without proper justification.

• Constitution amendment: Any issue that is decided by a referendum will be subject to constitutional amendment. A certain number of federal parliamentarians will be able to move the amendment motion and they can propose holding a referendum. Provincial assemblies can propose federal parliament to amend the constitution.

• Inalienable provisions:

Two concepts, 'pluralism'

and 'press freedom', will be inalienable provisions. Pluralism got 34 votes in support

and 18 against. The UCPN-M

had voted against the concept. Press freedom was endorsed

by voice vote.

• Political parties: The UCPN-M, initially, proposed a ban on registration of "feudal and reactionary" political parties. It later gave up the stance. Some small parties are not happy with the provision that the parties' working committees at all levels should be inclusive, reflecting Nepal's diversity. They say it will be impossible to make a small regional party inclusive.

Sidelights

• The heads of three major parties — Pushpa Kamal Dahal 'Prachanda'

of the UCPN-M, Girija Prasad Koirala of the NC and Jhala Nath Khanal of

the CPN-UML — abstained from

voting. However, PM Madhav Kumar Nepal and his cabinet colleagues

did vote. Prachanda and Khanal

were present initially but both left

the meeting hall when the meeting

was about to start.

• Dalit Janajati Party leader Bishwendra Paswan boycotted the vote, alleging that Dalit concerns were not incorporated in the concept paper.

• The CC members wasted two

precious hours arguing over the

finer points of voting.

• Most of the voters waited for their party leaders' position and followed them.