As Nepal faces the challenge of convening a Constituent Assembly (CA) to draft a new constitution, it is critical that all Nepalis feel that the process of choosing members of the CA is inclusive, fair and representative. All Nepalis — of every caste, ethnicity, gender, age, profession and linguistic group — irrespective of the size of their group, need to feel that they are an integral part of the process of preparing and drafting the new constitution. Only if all voices across Nepal are heard and harmonised in one document will the new statute have the stability and legitimacy to endure for generations.

Nepal’s new constitution will be the formal statement of the social contract that binds Nepalis in self-government. It will establish the civil rights to which every Nepali is entitled to and the civic duties to which he is obligated. It will enshrine the shared sense of justice felt by all Nepalis — what is fair and right, what should be rewarded, what condemned — that will provide a permanent, accepted basis for the rule of law and serve as the source of all legislation.

This moment presents both a rare opportunity and a grave challenge for Nepal. When the South Africans faced a similar challenge, they were fortunate to have Nelson Mandela leading the process of constitutional reforms. He drew from the democratic practice of local tribal councils in which, as he describes, “Everyone who wanted to speak did. It was democracy in its purest form. There may have been a hierarchy of importance among the speakers, but everyone was heard. The foundation of self-government was that all men were free to voice their opinions and equal in their value as citizens.” Mandela insisted that South Africa’s 26 divergent ethnic, social and political groups come together in one room to bridge the huge social, political and economic gaps dividing them. If Nepal is to learn from this example, it will, as a nation of minorities, have to rise to the occasion and undertake the obligation to incorporate the different and multiple voices into its constitution. If Nepalis are able to involve all groups in the CA and write their new constitution with one voice, the constitution will bind them in a representative rule of law system that will have the stability and legitimacy to support and withstand the inevitable contentious and heated democratic debates to come.

Thus, it is crucial that all Nepalis are involved in the process of writing the Constitution. Only when all citizens feel personal ownership of the document and the spirit it enshrines will each citizen individually be able to identify a violation of that spirit when it occurs in daily life and feel entitled to make demands on the constitution to deliver justice. The constitution should be a mirror. Every citizen should be able to hold it up and see his or her reflection in its text.

Whatever one thinks, believes or values needs to be reflected in the constitution. Constitutional reforms cannot only be the duty of politicians and other leaders. For the establishment of a democratic state, every citizen must feel obliged to participate in the writing of the new constitution. The farmers must come in from the fields; the shopkeepers must come out from the cities; the old must speak with the young; the Dalits must be able to talk with, literally, everyone. All groups — women and men, wealthy and poor, literate and illiterate — need to have a say in what goes into the constitution. In a democracy, each person has one vote and that vote is equal to anyone else’s. The Kathmandu residents will have the same political voice as migrant workers from the remote Karnali. Only full participation and equal representation will make the constitution a living instrument.

In a country where the majority of the population is under 20, young active citizens over the voting age of 18 should have a voice. Women — making up half the population — need to have their concerns addressed. The traditionally voiceless groups — the homeless, illiterate, and poor — must play a role in writing the constitution.

Civil society groups must mobilise their constituents to play an active role in disseminating their thoughts and needs. Professional bodies, charities, NGOs promoting women’s rights and free media, community, religious and student organisations, both official and informal, must organise the population into cross-cutting groups and ensure their voices are heard within the CA. Every citizen should be able to bring together likeminded people to address his needs. The process will not be easy. The more representatives from society included in the CA, the longer and more intense the discussions will be. But a vibrant, alert and engaged populace is fundamental for a democracy. The first test of this level of engagement will be during the CA formation, when ideas for the new constitution will be traded. Everyone’s voice needs to be heard in this process.

Radon is Adj Asst Professor, School of International and Public Affairs, Columbia University, New York