Dialogue and constitutional processes in Nepal

Nepal is experiencing a breakdown in its system of governance and is in the throes of an armed conflict with Maoist rebels. Prosecuting such a war, especially in the absence of a constitutional government, is dangerously destabilising for the country. However, the governance crisis goes deeper than this, as constitutional processes have been undermined and the constitution itself is a contested instrument.

This project, funded by the Rapid Reaction mechanism of the EU, advances a multi-pronged methodology that makes democracy building and conflict transformation the catalysts for a review of constitutional processes. It seeks to encourage citizens to express their views on the shape and direction of the constitutional agenda, as well as organized political actors within political parties, Maoist spokespersons, members of civil society organizations, and representatives of established interests, such as the monarchy. This methodology includes the presentation of comparative experiences of strengthening constitutional processes, sample citizen surveys to glean an understanding of popular perceptions of constitutional processes, and dialogues on constitutional processes and democracy building at the national and regional levels.

The showcasing of international comparative experiences and the creation of a forum for dialogue are expected to stretch the limits of the constitutional imagination and to establish an opening for political learning, given that the opportunity for decisive political action is currently limited due to the polarized context. Past experiences of such deadlocked situations reinforce the view that, while the democracy community may have reduced opportunities for transformative change, it can continue to invest in democratic futures.

The main objectives are to forge national consensus on political reform and to develop the capacity of Nepalese stakeholders to professionalize their approaches to constitutional reform by making them aware of comparative processes and experiences. Outputs of the project will include a series of position papers and qualitative assessments on the state of democracy, survey results of citizens’ perceptions of the democratic process, and dialogue reports.

The first national dialogue will be held 28-29 June in Kathmandu looking at ‘Experiences of Negotiating Political Settlement in South Africa and Sri Lanka – Are there lessons for Nepal?’. More dialogues will be held in August and September and will explore different types of constitution drafting processes and Asian experiences of constitutional monarchies including Cambodia and Thailand.