The election to the Constituent Assembly (CA) made the CPN-Maoist the largest party in Nepal. As a leader of the largest party and head of the government, Prime Minister Prachanda

has a major role in the present day politics of the country. The CA election has given the CPN-Maoist and other major parties the mandate to work on the basis of consensus until the new constitution is framed by the CA. But the Maoists who secured 37 per cent seats in the CA broke the earlier alliance and formed the government with major support from the CPN-UML and the Madhesi Janaadhikar Forum (MJF). This isolated the Nepali Congress (NC) and NC in turn decided to play the role of opposition in the CA.

The priority of the CA is to make the new constitution. However, the present CA seems to concentrate on matters of lesser concerns. This is why people are worried whether the CA will be able to draft the new constitution on time. Political leaders, especially those constituting the CA, must realise that the new constitution is to bolster the spirit of multiparty democracy and not to debilitate it. The major objective of the Maoists is to establish a republican system. To succeed in their goals the Maoists must therefore have faith in the multiparty democracy system.

The UN Secretary-General, in the 51st session of the United Nations General Assembly, adopted the Universal Declaration on Democracy and urges Governments and Parliaments throughout the world to be guided by its content. The 3 parts and the 27 articles of the declaration bind all signatory countries of the world to follow the guidelines of the declaration.

The first part of the declaration contains the principles of democracy, which includes democracy as a universally recognised ideal as well as a goal, which is based on common values shared by peoples throughout the world community irrespective of cultural, political, social and economic differences. As an ideal, democracy aims essentially to preserve and promote the dignity and fundamental rights of the individuals, to achieve social justice, foster economic and social development of the community, strengthen cohesion of society and enhance national tranquillity. No one is above the law and all are equal before the law. Peace and economic, social and cultural development are both conditions for the smooth functioning of democracy. There is thus interdependence between peace, development, respect for and observance of the rule of law and human rights.

The second part of the declaration includes the elements and exercise of democratic government. It elaborates that democracy is based on the existence of well-structured and well-functioning institutions. Democracy is founded on the right of everyone to take part in the management of public affairs; it therefore requires the existence of representative institutions at all levels and, in particular, a Parliament in which all components of society are represented. The key element in the exercise of democracy is the holding of free and fair elections at regular intervals enabling the people’s will to be expressed. Democracy thus goes hand in hand with an effective, honest and transparent government, freely chosen and accountable for its management of public affairs. Public accountability applies to all those who hold public authority, whether elected or non-elected.

Judicial institutions and independent, impartial and effective oversight mechanisms are the guarantors of the rule of law on which democracy is founded. The state of democracy presupposes freedom of opinion and expression without interference, and freedom to seek, receive and impart information and ideas through any media and regardless of frontiers. The third part of the declaration elaborates on the international dimension of democracy. Democracy must also be recognised as an international principle, applicable to international organisations and to states in their international relations. The principle of international democracy does not only mean equal or fair representation of states but also extends to the economic rights and duties of states. A democracy should support democratic principles in international relations. In order to strengthen international criminal justice, democracies must reject impunity for international crimes and serious violations of fundamental human rights.

Now, the question is whether the Maoist-led government is committed to UN declaration. NC as a responsible party will play a positive role in peace process and in drafting the constitution within the UN guidelines, though it may not join the government. It might not be necessary for NC to join the government if parties representing the government follow UN guidelines while writing the new constitution. Commitment to democracy is the only option the Maoists have to protect the life of the government and show respect to the people’s mandate.

Joshi is Central Working Committee member of NC