Comments on: Nepal’s Constitutional Transition and Uncertain Political Future http://asiafoundation.org/in-asia/2012/05/30/nepals-constitutional-transition-and-uncertain-political-future/ Weekly Insight and Features from Asia Thu, 16 May 2013 18:20:37 +0000 hourly 1 http://wordpress.org/?v=3.4.2 By: Martin Mutuma http://asiafoundation.org/in-asia/2012/05/30/nepals-constitutional-transition-and-uncertain-political-future/comment-page-1/#comment-3974 Martin Mutuma Fri, 01 Jun 2012 08:41:38 +0000 http://asiafoundation.org/in-asia/?p=14105#comment-3974 Constitution making process is a political as well as a social process with multiple dynamics. This therefore, means that in constitution making, the process employed is as important as the end product: the constitution document. The process itself ought to be well-structured with clear milestones and deadlines while ensuring inclusivity and participation of all stakeholders in the country. For people to finally own the supreme law of the land, they need to be involved in every step of the way. They must be engaged in discussions that ensure that their views count and that they have been heard. In addition, such an important process need to be protected by law, to ensured that it is not scuttled and that the public interests always overides any selfish personal or group interests. Even with my short experience with life and politics in Nepal, and judging from the latest development, I believe that a CA is not a viable process for constitution making in Nepal. Nepali people need to go back to the drawing board to come up with a new strategy. There is need to identify a group of eminent persons to be charged with a noble responsibility of interviewing and identifying a committee of constitutional experts, who would in turn facilitate/midwife the birth of a new constitution. This committee could use the already existing documents, collect and collate more views from Nepali people and then come up with an acceptable constitutional draft for rejection or approval in a referundum Constitution making process is a political as well as a social process with multiple dynamics. This therefore, means that in constitution making, the process employed is as important as the end product: the constitution document. The process itself ought to be well-structured with clear milestones and deadlines while ensuring inclusivity and participation of all stakeholders in the country. For people to finally own the supreme law of the land, they need to be involved in every step of the way. They must be engaged in discussions that ensure that their views count and that they have been heard. In addition, such an important process need to be protected by law, to ensured that it is not scuttled and that the public interests always overides any selfish personal or group interests.

Even with my short experience with life and politics in Nepal, and judging from the latest development, I believe that a CA is not a viable process for constitution making in Nepal. Nepali people need to go back to the drawing board to come up with a new strategy. There is need to identify a group of eminent persons to be charged with a noble responsibility of interviewing and identifying a committee of constitutional experts, who would in turn facilitate/midwife the birth of a new constitution. This committee could use the already existing documents, collect and collate more views from Nepali people and then come up with an acceptable constitutional draft for rejection or approval in a referundum

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