Kathmandu, March 3:

Although Nepal has no previous experience of a constituent assembly, an expert today emphasised that the constitution-making process must ensure “utmost participation of all sectors of all communities and that the elections are free, and not inhibited by fear, influence, threat and violence.”

Or else, the discontent (of those who are excluded) will turn into “resentment and bring about fresh conflicts”, he said.

The constitution-making process must be “fully participatory”, not mere representation of people. Professor Yash Ghai, constitutional expert and head of the UNDP Constitutional Advisory Support Unit said: “If Nepalese are to be true to the dream, the process of constitution-making must be fully participatory.”

Professor Ghai’s remarks could be clear to understand that the new constitution must reflect Nepal’s vast diversity, ensure participation of all sectors of all communities and elections are “free, and not inhibited by fear, influence, threat and violence.”

Constitutional experts have emphasised that the country ensures opportunities for people to express their views before, during and even after the CA members have been elected.

Participation, as Prof Ghai put in his road map to a new constitution at a seminar organised by UNDP here today, says that every member of the society “potentially has the chance to make an input” into the process.

Ghai, who also headed the process of constitutional review in Kenya and worked as an advisor on making the constitution in Afghanistan and Iraq, suggested that the constituent assembly should not ignore the interest of minorities, just because “they do not have a strong voice.”

A CA, as he puts it, ought to bring in various people who are not normally involved in politics and would not wish to be like former officials, academics, business people, trade unionists, religious leaders and representatives of all sections of the society.

Speaker of the interim legislature Subas Chandra Nembang also stressed the participation and voices of Dalits, Madhesi people, women, indigenous and marginalized people in the CA.

He, however, expressed the worry that the government has not been able to announce the dates for CA elections. “The bill related to CA has not been registered at the interim legislature yet,” he raised the concern.

Former ambassador and political analyst, Dr Lok Raj Baral expressed the optimism that the country “for the first time in history was in the process of integration”, but expressed worry on the lack of vision in the political leaders.