English - Support to Participatory Constitution Building in Nepal ...

The Remake of a Stateagainst the ruling elite/class or the state as morally legal. They believethat the people have the right to rebel and question the ‘legality’ of theruling state. It is now manifested in the form of confiscating land andproperties which is against the CPA. They link it to illegal possession ofnatural resources and/or state property by ruling class using existing legalmechanisms meant to protect their own interests. Because of this dualityin defining the rule of law or legality issue, the country is experiencingdifficulties in number of fronts ranging from labour unrest in industrialsector to disturbances in education sector. Further, contradiction andduality in understanding development, human rights and security existsamong the major political players of the country. The Maoists think thatpolitics need to be put at the centre of the discussions of development,human rights and security. Whereas other parties believe that one needsto adhere to the ‘rule of law’ or game of the democratic norms to ensuresecurity, promote development and protect human rights.4.2 Constitutional trade-offPolitical forces in Nepal are sharply divided in shaping the post-conflictstate building ranging from the state restructuring, forms of governance,electoral systems, fundamental rights, use and management of naturalresources to guaranteeing the rights of minorities, indigenous and Dalits.This has emerged strongly in the CA deliberations and discussions. The draftprepared by different thematic committees of the CA has highlighted thesedivisions. As the status quo political forces are gaining more power andprominence in the national politics and those seeking radical changes areleft outside of the political mainstream, it will become increasingly difficultto deal with the ongoing and emerging contradictions. The ultimate resultswill be the usual ‘blame game’ to each other and jeopardising opportunityof socio-political transformation. Duality in managing contradictions bythe mainstream and the so-called big parties have given ample space forother fringe and emerging parties, identity and region-based, to cleverlycapitalise upon the inchoate prejudices, suspicions, fears and insecuritiesprevalent among the public. They have been able to inject enough venomand play with people’s sentiments and emotions to intimate them as faras possible in order to fulfil their own interest rather than of country atlarge. Country may have to pay heavy prices, if major political and socialforces fail to recognise that somebody else is trying to capitalise ontheir differences and/or manage these contradictions for broader sociopoliticaltransformation. India and China may undermine Nepal’s fragiledemocracy by influencing Nepal’s domestic politics and security.297