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Politics on Peace and Constitution in Nepal

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Krishna Hari Pushkar

The UNMIN is seen by opposition political parties in Nepal, as a pro-Maoist institution, however, this is not completely true, even though politicians blame it for being so. The UNMIN became unpopular due to weak diplomacy of its managers; most of them have been unable to even deliver proper diplomatic output and failed to maintain the minimum diplomatic code of conduct. Most of the UNMIN officials poorly manage their assigned roles and dutiess in the peace and conflict affairs of Nepal.

They are unable to manage effectively even the cantonment, verification process etc and to deliver diplomatic pressure on respective politicians to enforce CPA efficiently, duties assigned by UN resolutions.

The Politicians are polarized on UNMIM performance, some of the politicians have strong affection and some of them are alienated, so the public are under serous confusion to identify who is right and who is wrong. The reality is that UNMIN failed to maintain balanced relationsips and deliver impartiality, neutrality and diplomatic capabilities. That being the case, the HPM must unite and make necessary common consensus to deal with UNMIN. The HPM needs to exploit the positive features of UNMIN systematically, that could be helpful to facilitate the ongoing peace process to a logical end.

Nepal has a history of the sorriest experiences of constitutional instability, changing its constitution so often. The HPM must succeed, to include the needed characteristics in the new constitution to make it more sustainable, visionary, reliable, and people and nation centric.

The HPM must learn from the countries where the constitution functions well over decades, especially from the US, Canada, Australia, India, France, Switzerland. Those constitutions have nice characteristics, are well established and considered good constitutions by their people and the world.

Among these constitutions, we found some common similarities; holding enough public legitimacy, having greater public and political trust and respect, addressing the greater degree of domestic and international affairs. The constitutions are also successes in transforming diversity into pluralism, addressing the need and desire of excluded, marginalized and deprived groups and societies of the nation, delivering good governance, making rational redistribution and maintaining social justice.

The assurances of public rights and high level of liberties is a common feature among them; they also guarantee civil supremacy, good governance, constitutionalism and rule of law. However, the meaning, definition and understanding of the discussed characteristics may be differed in each country and context. In addition, the constitutions are capable enough to deal with the possible peace building, conflict management and to handle the contemporary issues of the respective nations.

The rational flexibility of the constitutions allow them to respond to unexpected matters and future affairs of the nation. These constitutions are considered very homely and nationalistic, and developed in accordance with the need and importance of the nation. They mention international dignity and cope with international diplomacy by leading their images in the international arena. Indeed, providing good national security and maintaining national unity and integration is also a principal strength of these constitutions.

One of the most essential strength of the constitutions is that states are efficiently and significantly providing all basic and common goods, services and opportunity to the people without disorder and discrimination. The scientific provisions of justified power sharing, constitutional provisions to respect the majorities and preservation of minorities on the basis of equality and equity are additional strengths.

The justified social inclusion and scientific representation provisions are major, to provide the opportunity for national mainstreaming. The constitutions have assured discrimination free society and necessary legal arrangements against any disqualification of people's life and governance.

In short, these constitutions have capabilities to bring and maintain peace and harmony in the nation. The exemplified constitutions are well capable to manage conflicts in efficient ways; proved capable to keep their people and nation happy, healthy, and prosperous. The constitutions are capable of providing solutions of the majority of national sociopolitical issues.

The ruling and oppositions parties pay equal respect to the constitution. It does not a matter whether the countries are practicing capitalism, socialism, or a mix of governance or adopt unitary, federalism, confederation or any other type of government or governance. The illustrated constitutions provide different types of approaches for governances or government, but all are considered successful to a greater extent because they have been delivering and bearing those characteristics lucratively in a systematic and scientific manner.

Generally, every constitution should be capable of keeping their nation and people more happy, healthy and prosperous, which are considered major characteristics of a sustainable constitution. Therefore, the HPM must be careful and capable to include those essential characteristics in the upcoming constitution of Nepal, if they are committed to making the new constitution sustainable and successful, otherwise unpredictable forces will go in revolt and start fighting for new constitution as happened in the past.

In this regard, the HPM has many challenges and opportunities ahead with huge possibilities of successes, if they act honestly, jointly and continuously in accordance with the people's mandate and spirit of the Interim Constitution of Nepal, by keeping the national interest and people's wishes at teh forefront as a guiding principle of their duties and responsibilities. It seems the principal conditions for HPM are to unite all active parties and politicians to get common political consensus from inside and outside of the power-gameboard to deal with the issue of the peace and constitution building process.

They must achieve national consensus and an all parties coalition government to ensure the logical end of CPA and to achieve the successful and sustainable constitution in due time. The HPM must concentrate on common national agenda and priority rather than focusing on changing the particular parties or leader from the Government.

So I wish Good Luck to the HPM!

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Mr. Pushkar was a DAAD fellow and studied research master in peace and conflict studies in Germany. Also, he holds an internationally honored first class master degree in public administration. He has participated in dozens of national and (more...)
 
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