The Country Will Not Be Able To Sustain Democracy Or Manage The Change Without Achieving Economic

June 25, 2006
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Prosperity – Prof Dr Surya Subedi

Home Minister and coordinator of government?s talks team, KP Sitaula, speaking on the issue of arms management before the formation of an interim government at a program in Kathmandu Saturday, June 24, 06.nepalnews.com

Professor Dr. Surya Subedi is a well-known name in Nepalese law circle. Professor of International Law at the University of Leeds in the United Kingdom , Dr. Subedi briefly visited his home country just a few weeks after the formation of new government and the revival of the House of Representatives. Although he lives in London , Dr. Subedi closely monitors the political events taking place in Nepal . He has written a number of books including one on Nepal-India relations. He spoke to KESHAB POUDEL on various issues of current political and constitutional impasse in Nepal . Excerpts:

Some intellectuals here in Nepal have been talking about the need for an inclusive democracy. Being a professor of law, how do you feel about the addition of adjective in front of democracy?

In my opinion, the concept of inclusive democracy is a good one. That’s what is needed in a country like ours. People belonging to different ethnic, linguistic and religious groups should have a say in the governance of the country. But also at the same time, I am of the view that the democracy itself is an inclusive system. Each and every citizen has a voting right and they can exercise their right to choose their representatives. These representatives elected by the people can say what they have to say on behalf of the people. That’s why we have to work out a system – which strengthens democracy rather than weakening democracy. First and foremost, we are Nepali, then secondly we are Nepali voters and thirdly we have other distinct identities. Why Nepal stands as a nation is because we all are Nepalis. That is our first identity and that identity should be strengthened. Then only, the nation will remain as a solid, integrated and sovereign nation.

How do you address the problems of others?

So far as the inclusiveness is concerned, may be there are expectations on the part of various ethnic and linguistic groups. That should be addressed but there are different ways of addressing these issues. If we don’t have the concept of inclusive democracy in constitution itself, it does not mean you can’t address the problem. Some of the problems could be addressed by enacting laws providing for whatever reservation is justifiable or whatever access to power and government that the people need. That can be worked out even through the decision of the cabinet, by laws.

How can you include all these things in the constitution?

The constitution itself does not have to include everything that people are demanding for. Otherwise, that constitution will be a big one, a lengthy one and perhaps a difficult one to implement. My experience shows – I am a student of international law – in the past, the international community had negotiated many international treaties and these were wonderful treaties, more or less accommodating interests of all the nations but they were very difficult to implement. We need a constitution, which is a workable one. If you include in the constitution anything and everything for everybody, how effective that constitution will be in practice? We need to move forward.

What kind of political system Nepal requires now?

In my opinion, what Nepal needs now is a political system, which is supportive of economic development. Unless and until, we achieve economic prosperity, the country will not be able to sustain democracy or manage the change, which has been taking place. The main emphasis in my opinion should be on developing our economy providing people better quality of life and improving their standard of living. To ensure that, we have to work out a constitution which, supports our aspiration for economic development. All these other things, which are being debated now should be taken into account. I am, in principle, supportive of inclusive democracy. But the modalities the people are proposing now, I am not quite sure whether that is the correct modality. A lot of work has to be done in this area.

Do you mean democracy needs adjective?

There is, indeed, a country, which is the least democratic – North Korea , which is known as People’s Democratic Republic of Korea. That country has so many adjective but in reality people don’t have democratic rights. So by just adding adjective after adjective to the notion of democracy, you are not going too far. I think within democracy itself we can pay adequate attention to the aspiration of people belonging to different ethnic groups within the country. That’s how I see things evolving in the years to come.

How do you see the role of interim constitution in managing the transition?

Well, the issue of Constituent Assembly has become one of a national consensus. Maoists and seven party alliance have also accepted it. They will hold the elections within a year. Having said that, there are other possibilities. At the end of the day what you want to achieve are stated objectives: empowering people, women and people belonging to different ethnic groups. How do we empower them? Would just having a provision included in the constitution suffice? You need to act and you need to take certain concrete steps. You can adopt different modalities.

How do you see the role of monarchy, then?

If the monarchy is the main issue, perhaps country could hold referendum on that. If people decide on its fate, then constitution could be drafted according to it. If the main issue is solved, then people will decide other issues of society. Whether ceremonial monarchy will remain or not is not a main issue but it is likely to be the main issue during the elections of constituent assembly. I think people want the monarchy without political power. If monarchy is going to be ceremonial or harmless institution, which can only be seen as a symbol of national identity, continuity of our historical tradition, then with those ceremonial purposes, the monarchy could stay. I have no problem with it. However, if these problems are not settled, they may affect other broader issues facing Nepal .

What is your response to the recent actions of the House of Representatives?

There seems to be certain confusion on parliamentary sovereignty and parliamentary supremacy. People have not understood the concept of parliamentary supremacy and parliamentary sovereignty. The House of Representatives had exercised the parliamentary sovereignty. When HoR exercised such power, it must work under the broader overarching parameter of the rule of law, democracy and separation of power, check and balance and independence of judiciary. These are overarching issues. In a democracy, HoR is not free to go beyond the established norms and rules of law. That should be taken into account very carefully by any political party within the country. In the days to come, I believe the MPs of HoR will pay due attention to the rule of law. If we violate principles of rule of law, another power or another government, which may come to power in future will do the same thing. There were also possibilities to go for amending or incorporating the proclamation issued by House of Representatives in the constitution.

How do you see the status of proclamation as the country is headed towards framing an interim constitution?

While having a new interim constitution replacing the present one, you need to have a comprehensive document to accommodate and incorporate whatever decisions were made in the past. It’s a massive undertaking and it may divert the attention of the people from main issue confronting the nation. Now the people’s expectation has risen. People are expecting so much from politicians. One of the things politicians can give to the people is right to vote for constituent assembly. Give people the ownership; every one acknowledges that people are sovereign. Next challenge will be to make workable constitution through CA which takes into account our indigenous characteristics. There is no perfect model available in the world. Different countries have gone through different exercises. They have different experiences and their ground realities are different. What are our ground realities and what is our uniqueness, this should be taken into consideration.

In the process of constitution making, Nepal has already experimented five constitution and sixth is now in the making. How can one guarantee that the new constitution will not have to face similar fate as the previous ones?

What we want to make sure is that the present transition must go smoothly, in organized manner and within the framework of democratic principles and the rule of law. If you do your work remaining within this parameter, there will be no person or authority to challenge the process adopted by the current political leadership.

What are the challenges for Nepal now?

One thing I am worried about is we are constantly engaged in Janadolans where political issues dominate the debate of day. We are unable to debate on economic and developmental issues, which are going to be major issues. I think the time has come now to sit down to make constitution as best as we can and move to broader economic issues. If you see India ’s GDP, which is around 8-9 percent. China ’s GDP is much higher. Most of the countries are gradually moving from low income to middle income within a few years. Whether we will be able to move from least developed to middle developed countries, that will be the test. People are expecting something from democratic government. Whether the government will be able to deliver it or not and whether the constitutional framework we are taking about today will allow the government of the day to deliver or not remains to be seen.

How do you look at the debate on the electoral systems like proportional representation and first-past-the-post?

Whether you adopt proportional representation or first-past-the-post, the main challenge is what sort of government we want to have. If we adopt the PR system, we may have forever a hung parliament, which may not be able to take decisions and implement them. There will be constant horse-trading and we may return to the 1990s. Do we have political culture that supports the government? Almost all European countries have proportional representation but they have already achieved political maturity. Having produced best constitution, the practical implication of that one may be unstable governments. There is possibility to have frequent political instability and horse-trading, alliances and re-alliances in government-making. In the name of making Nepal ’s constitution inclusive one, we may run the risk of creating a political system which may not provide stable political system. Given enough time we may have leaders like B.P. Koirala, Madan Bhandari or foreign leaders like Lee Kwan Yew with a vision for the country. If they have popular mandate, why not they should be allowed to govern the country for four or five years?

How do you see the role of Nepal ’s two neighbors in the context of continuing political instability?

We have reasonably cordial relations. In spite of the initial reactions or non-reactions from the Chinese part, I don’t think they have any wish to interfere in Nepal ’s political affairs. India also seems to have facilitated some sort of negotiations between certain political parties. Whether they had direct role or role of facilitator remains to be seen. Historians will find out what role India had played that time.

Do you see any changes in Indian policy towards Nepal following the visit of Nepalese prime minister?

After prime minister Girija Prasad Koirala’s visit to India , all the indications are that India is willing to become magnanimous and has a broader vision vis-à-vis Nepal . Unlike in the past, when India had been conservative in her approach to Nepal , they can now afford to have a rather broader vision. India has aspiration to secure a permanent place in Security Council. If they regard themselves as a potential world leader, they need to have at least their neighboring countries supporting them. Then only India ’s claim for Security Council membership will be justifiable. If India cannot sort out her relations with smaller nations like Nepal , Bhutan and Sri Lanka , how can they claim permanent seat at the high table? Indian leaders can do so many things to champion the cause of developing countries. India ’s voice is heard more than other smaller or weaker nations. India can play such a constructive leadership role championing the cause of developing nations at international level. This is the area where the leadership of India will be tested.

What will be the role of China ?

So far as China is concerned, their preoccupation is their economic development. They are not terribly interested in traditional forms of Maoist foreign policy and exporting communism. If you have economic approach, they will support it.

Don’t you think they require peace and stability in their neighborhood?

Absolutely, they want peace and stability in the region. As I see the relations between India and China is growing more mature and closer. Though they have a big challenge, they have to compete with bigger western countries. If they start to quarrel among themselves and devote the time and energy to petty issues, they will not be able to rise to the level required to assert rightful place in the galaxy of nations. Nepal should not be a major thorny issue for any of them. Neither India nor China can afford to do that. They want to see a peaceful and stable government and our principle of maintaining equilibrium and equidistance with both of our neighbors. We should always be mindful of the need to maintain our political neutrality, our traditional policy of non-alignment and equidistance and equilibrium. I think these issues will matter a lot in making sure that Nepal remains an independent and sovereign nation.

Courtesy : Spotlight

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