We are now going to draft a new constitution through the constituent assembly (CA). This is a great opportunity to build a new and prosperous Nepal.

It is the first time in the history of Nepal that the people are going to draft the constitution themselves through their elected representatives.

The basic concept of CA implies the right of the people to determine their own future and decide the nature and type of the polity under which they wish to live. So the CA holds high significance in the evolution of the principles of democracy. Constitution is the property of the nation. It is a sort of manifesto, a confession of faith, a statement of ideas and charter of the land. So the new constitution must establish the unity of the people and act as a vanguard for development. Poor and illiterate people are vulnerable, as they are powerless and cannot therefore enjoy democracy in the real sense of the term.

The people are looking forward for a change of status quo for the betterment of their lives through the new constitution. We, therefore, owe our people, through democratic constitution, a united, peaceful and democratic Nepal, which will put us on the road to development and tranquillity.

We are all aware that the election for the CA is going to be held by mid-June 2007. As said earlier, it is a great opportunity for the Nepalis to determine their own future. But we face big challenges ahead to hold free and fair elections in a peaceful atmosphere. We have done a lot of work to this end. A comprehensive peace accord has already been signed between the government and the Maoists. An agreement on monitoring the management of arms and armies is already in place. The interim constitution has been promulgated. We should understand that the interim constitution is a document of understanding between the eight political parties. It does not reflect the basic nature of constitutionalism and plural democracy. If we change certain things in this constitution, it will certainly open the Pandora’s box. The Maoists have entered the parliament. As arms and armies’ management nears completion, the Maoists’ joining the government is imminent.

I want to clear certain issues which are debatable at present. First, we all agree that provision of an opposition, a fundamental principle of democracy, is a must. But in the prevailing situation, according to the doctrine of necessity, we are bound to govern the country on a consensus basis till the formation of the CA. Second, we have already agreed that the future of monarchy should be decided by the first meeting of the CA. But some parties have been insisting on the declaration of a republic ahead of the CA. This contravenes the interim constitution and the peace agreement.

Third, some political parties and groups are calling for the restructuring of the state on the basis of castes and ethnicity. This is totally against national interest, as it would lead to disintegration of the nation. The seven parties and the Maoists have agreed on federal system of governance, but they have not seriously studied what type of federalism is viable for Nepal and what challenges will come after adopting it.

The Maoists have proposed federalism with the right to self-determination and on

the basis of castes and ethnicity. This proposal is fraught with dangers for national integrity. Therefore, I request all to think of better alternatives and guide the parties for a better result.

Fourth, many issues raised by the Tarai people, janajatis and Dalits are genuine, but the method followed by them to ventilate their voices cannot be justified. More than 30 lives have already been taken by this agitation. The decision on many key issues is to be decided by the CA. The prime minister has already addressed the nation and has called on them to resolve the issues through consultations and dialogue. It would not be proper to continue street agitation without waiting for the CA elections. Fifth, a constitution commission is necessary to address the issues of the deprived groups, including women, Madhesis, janajatis, adhibashis, Dalits and others who are not a part of any political party. This commission will collect and analyse the views of the deprived groups throughout the country and make concrete recommendations, based on the views expressed by those deprived groups, to the CA.

At last, we should understand that holding a fair and free election of CA on time

is crucial at this critical juncture. All of us have a big responsibility to contribute towards this cause. We can learn a lot from other countries to avoid mistakes and to achieve desired results from the CA elections. I hope the intellectual groups will also delve into the experiences of other countries so that we can learn from them for building of a better Nepal

through a democratic constitution made by the people themselves.

Dr Koirala is central committee member, Nepali Congress