Friday, January 31, 2014

When consensus is a problem

In the last few years, Nepal has sought consensus on various issues, but it has been elusive. Most people believe it is just round the corner, only to be disappointed repeatedly. The political parties are convinced they are within touching distance of the target, only to realise that it is in effect a moving one.

The search for consensus has proven to be futile. Immediately after the first Constituent Assembly election, the parties sought to arrive at consensus on several issues, key among which were the form of government and the basis for the federal structure of Nepal. These are major issues and each of the four key political parties has had strong views on these issues among others. Hence, assuming they will compromise on the stance on the basis of which they contested elections is rather unrealistic.

There were occasional bouts of optimism, but it all amounted to nothing as consensus could not be arrived at in almost half a decade. Ultimately, we had another election in November last year. Unfortunately, if the initial signs are anything to go by, we are likely to be repeating the same mistake again.

Sushil Koirala, president of the Nepali Congress has already stated that the parties will do their best to forge consensus on contentious issues relating to the constitution and if they fail, then they will hold a referendum nationally. The caveats are already being put in place and perhaps unknowingly, the stage is already being set for another failed attempt at writing a constitution.

In principle, forging consensus may seem like a good idea as it reflects the willingness of the political parties to be flexible in their approaches to a new constitution. However, in reality, the time that will be taken to reach the consensus sought (if reached at all), is a luxury Nepal can ill afford. It is an approach that has been tried once and failed.

In this time, governance has been ignored. It has taken a backseat for too long and the search for consensus will only prolong the state of inertia the country finds itself in.

It is time for a new approach. It is commendable that a consensus was sought. But now that it has failed to materialise, it is time to adopt a fresh approach. If the approach was not going to change following the last election in November, then we should perhaps not have had an election in the first place. With the focus squarely on the building of consensus, the election was just an event that detracted from the consensus-building process and cost the state millions of rupees.

And when do we arrive at consensus? Is it when all legislators are in agreement on something, or 500 are, or 400? One can come up with any arbitrary number and not be wrong. Or right. The point is that election results showcase people’s aspirations and it is the task of the assembly to try and bring these aspirations to fruition. This column firmly believes that all matters should be put to a vote in the assembly and key changes that are being sought in the constitution should be implemented if they are approved by a two-thirds majority, even if that means 200 members of the assembly are left dissatisfied. Even if certain complex issues require deliberation, they should at least first be put to vote in the assembly and then solutions found within the assembly and not outside of it.


All 601 members are not going to be in agreement on any single issue. In fact if they were, we’d have a problem larger than what a lack of consensus seems to be. 

(This appeared as a column in the Himalayan Times on the 18th of January, 2014).